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General
Our products are available to you on the website subject to the
following Terms and Conditions. Please read through them carefully
before placing your order. By accessing this website and/or placing an
order you agree to be bound by the Terms and Conditions set out below.
We may change these terms from time to time without notice to you.
Changes will apply to any subsequent orders received. You may access
the current version of these terms through the link at the bottom of
each page of the website.
Privacy and data protection
We take your privacy seriously and will treat all of your personal
information in accordance with the applicable data protection laws in
the UK to ensure that the personal information you give us is kept
secure and processed fairly and lawfully. The data which you supply to
us will enable us and our processors to fulfil your order and to
provide you with the best possible service.
If you have any further queries about how we use your data, or if you want to delete your information from our records please email us at charlie@charliescartoons.com
The laws of England shall govern the contract between us and any dispute between us will be resolved exclusively in the courts of England.
Payment
Payment can be made by any method specified in our website. We will
take all reasonable precautions, in so far as in our power to do so, to
keep the details of your order and payment secure but, unless we are
negligent, we cannot be held liable for any losses caused as a result
of unauthorised access to information provided by you.
Please note that prices are subject to change without notice.
Electronic communications
When you visit the site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
and all legal requirement that such communications be in writing.
Accuracy of information
We attempt to be as accurate as possible when describing our products,
however, to the extent permitted by applicable law, we do not warrant
that the product descriptions, colours or other content available on
the website is accurate, complete, reliable, current, or error-free.
All sizes and measurements are approximate; however we do make every
effort to ensure they are as accurate as possible.
Links to other websites
This website may include links to other internet sites. We do not
endorse any such websites and we are not responsible for the
information, material, products or services contained on or accessible
through those websites. Your access and use of such websites remains
solely at your own risk.
You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time.
Acceptable use
You may only use this website in accordance with these Terms and
Conditions and, in any event, for lawful and proper purposes which
includes complying with all applicable laws, regulations and codes of
practice within the UK or other jurisdiction from which you are
accessing this website.
Limitation of liability
To the extent that we are lawfully able to do so, in no event will we
be liable for any direct, indirect, special, punitive, exemplary or
consequential losses or damages of whatsoever kind arising out of
access to, or the use of or inability to use, this website or any
information contained in it or arising out of the services we provide,
including loss of profit and the like, whether or not in the
contemplation of the parties, whether based on breach of contract, tort
(including negligence), product liability or otherwise, even if advised
of the possibility of such damages. This does not affect your statutory
rights.
Disclaimer of warranty
To the maximum extent permitted by law, we disclaim all implied
warranties with regard to the information, services and materials
contained on this website including but not limited to warranties of
title, fitness for a particular purpose, merchantability and
non-infringement of proprietary or third-party rights. All such
information, services and materials are provided "as is" and "as
available" without warranty of any kind.
Indemnification
You agree to indemnify, defend and hold us harmless from any liability,
loss, claim and expense (including reasonable legal fees) related to
your breach or misuse of these Terms and Conditions.
Intellectual property
This site is owned and operated by Charlie's Cartoons. Unless otherwise
specified, all materials appearing on this site, including the artwork are the sole property of
Charlie's Cartoons. Copyright 2007 Charlie's Cartoons. ALL RIGHTS RESERVED.
Other product and company names mentioned might be the trademarks of
their respective owners.
Neither the Content, the Trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
It is solely the responsibility of the person sending pictures to the site to ensure that they have the permission of the copyright owner to use images submitted to Charlie's Cartoons.
By sending your picture to Charlie's Cartoons you warrant that it is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to Charlie's Cartoons : By submitting an image you warrant that it does not infringe any law; and you indemnify Charlie's Cartoons against all legal fees, damages and other expenses that may be incurred as a result of your breach of the above warranty; Copyright of any image created by Charlie's Cartoons remains with Charlie's Cartoons and you waive any moral rights in your contribution for the purposes of its submission to and publication on the site and for the purposes specified above.
Duty and customs
If your order is to be delivered
outside the European Union, it may attract import duty and local sales
taxes which must be paid upon receipt of the shipment. These rules vary
by country and your local government determines duty and customs
charges.
General
The laws of England govern this agreement. You hereby consent to the
exclusive jurisdiction of the English courts in all disputes arising
out of or relating to the use of this Web site. Use of this Web site is
unauthorised in any jurisdiction that does not give effect to all
provisions of these terms and conditions without limitation of this
paragraph. You agree that no joint venture, partnership, employment or
agency relationship exists between you and Charlie's Cartoons as a
consequence of Charlie's Cartoons's right to comply with law enforcement
requests or requirements relating to your use of this Web site or
information provided or gathered by Charlie's Cartoons with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. This agreement constitutes the entire agreement
between the customer and Charlie's Cartoons with respect to this Web site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the customer
and Charlie's Cartoons with respect to this Web site. A printed version of
this agreement and of any notice given in electronic from shall be
admissible in judicial or administrative proceeding based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
Any rights not expressly granted herein are reserved.
Refund
Each portrait is created as a one-off piece exclusively for you.
Therefore we are unable to offer you a refund or a cancellation once
the order has been accepted and paid for. However, we endeavour to
ensure you are happy with your image before printing and our artist
will be liasing closely with you throughout the process to ensure your
satisfaction. We will also view your photograph before we proceed with
the work to ensure that it is suitable for the chosen style. This does
not affect your statutory rights.
Colour reproduction
Colours shown on screen may differ slightly to those printed due to the
difference between screen reproduction and the printing process. We
make every attempt to ensure that colours on screen are reproduced as
accurately as possible. However we take no responsibility for
differences that may occur.
Sizes
All sizes on the site are given in centimetres unless otherwise stated
Privacy Statement
We are totally committed to protecting your privacy and will not
divulge any information we receive to a third party except in relation
to payment for goods or to service your order. WE WILL NOT PASS ON YOUR
INFORMATION TO OTHERS FOR MARKETING PURPOSES
Complaints
If you believe at any time that Charlie's Cartoons has not adhered to the
above principles, please notify us by email to charlie@charliescartoons.com and we will use all commercially reasonable efforts to verify and fix the problem quickly.