Terms & Conditions
1. Website Terms and Conditions
Man&Eve is an independent gallery that hosts contemporary work by emerging international artists across a range of traditional and digital media. Man&Eve owns and operates this Site and is a company registered in England and Wales (company number 06301241) whose registered office is at St Marks House, 3 Gold Tops, Newport, South Wales, NP20 4PG.
1.2 The Service is a web-based service. Your use of the www.manandeve.co.uk web site (the “Site”) is governed by these Terms.
1.3 Please read these Terms carefully. By continuing to access and use the Site you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using the Site and any services available through it.
2. Becoming a User
3. Becoming a Press User
4. Our Online Store
4.1 We also provide copies of editions, catalogues, audio recordings and other publications [relating to the programme in Our gallery] available to purchase through Our online store. You may place an order to purchase goods that are advertised in Our online store.
4.2 You must pay the appropriate fees as set out in the online store on the Site by credit or debit card using the Google Checkout system. You can access Google Checkout through this Site, and, by agreeing to these Terms, you agree that all payments in relation to the Products shall be made through Google Checkout. You confirm that the payment card you use on the Google Checkout site is yours and there are sufficient funds or credit facilities to cover any charges you are liable for under these Terms.
4.3 Subject to any obvious error, the description and price of the goods will be as quoted on the Site at the date the order is received. All payments under these Terms shall be in UK pounds sterling. All prices are expressed inclusive of any VAT payable unless otherwise stated and include all packaging and delivery charges.
4.4 All deliveries to you of goods are subject to prior authorisation of your payment.
5. Availability and Delivery
5.1 The feature of goods on the Site does not guarantee their availability. If on receipt of your order, the goods you have ordered are no longer available, We will inform you as soon as possible and refund or re-credit you for any sum that you have paid or has been debited from your credit card for the goods.
5.2 We will deliver the goods requested to the delivery address that you supply, provided this is a valid UK address. We aim to deliver any requested and available goods to you as quickly as possible. Goods will be posted to you by first class mail following the receipt by Us of a valid request from you.
However, any times or dates stated on Our Site for delivery are estimates only. Although We will make all reasonable efforts to deliver the goods within the time specified, We do not accept liability for any failure to deliver within that time or at all. If the goods delivered are not what you requested, do not correspond with their description, or are not of a satisfactory quality, please return them to Us.
6. Your right to Cancel
6.1 If you are a consumer you have the right to cancel your contract with Us for goods purchased through Our online store at any time up to seven (7) working days after you receive the goods. However, you do not have a right to cancel when you purchase audio or video recordings (CDs/ DVDs) where you have unsealed the audio or video recording. A working day is a day other than weekends and bank or other public holidays in the UK.
6.2 If you wish to exercise your right to cancel as a consumer, you must give Us written notice by emailing us at email@example.com specifying the details of the goods ordered and their delivery.
6.3 Where you exercise your right to cancel after the goods have been delivered to you, you must return the goods to Us at the address below in clause 17 at your own cost in an unused and re-saleable condition. You must take reasonable care to ensure that the goods are not damaged whilst in your possession of in transit.
6.4 On receiving a proper notification from you that you are cancelling the contract, We will refund or re-credit you any sum that has been paid by you or debited from your credit card for the relevant goods within thirty (30) days of receiving your notice.
6.5 If you fail to return the goods to Us as required after exercising your right of cancellation, We may charge you for the direct costs of recovering the goods.
7. Your Contributions
7.1 Users of this site may post reviews, comments and other content, questions, or other information (“Content”), as long as the Content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. We reserve the right (but not the obligation) to remove or edit any Content.
7.2 If you do post Content on the Site, you grant Us the following rights unless and until you remove your Content from the Site or notify Us of the revocation of this licence:
(a) a limited, non-exclusive, royalty-free and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Content throughout the world in connection with the Site; and
(b) the right to use the name that you submit in connection with such Content unless you notify Us otherwise.
7.3 After posting your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The license does not grant Us the right to sell your Content, nor does the license grant Us the right to distribute your Content outside of the Site.
7.4 You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that, as at the date that the Content is submitted to Man&Eve: (i) the Content is accurate; (ii) use of the Content you supply does not breach any applicable Man&Eve policies or guidelines and will not cause injury to any person or entity (including that the Content is not defamatory). You agree to indemnify Man&Eve for all claims brought by a third party against Man&Eve arising out of or in connection with a breach of any of these warranties.
7.5 You are solely responsible for the Content that you post on or through the Site. Man&Eve does not endorse and has no control over the Content. Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of Man&Eve.
8. Our Liability to You
We promise that all goods will correspond with their relevant description on the Site, that they will be of satisfactory quality and fit for the purpose for which they are sole. We also promise that any service We provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, or representations whatsoever with regard to any goods or any information or service provided through the Site. Where you have not purchased any goods from the Site, We will not be liable for loss or damage howsoever arising out of or in connection with your use of the Site. Where you have purchased goods, Our total liability to you under this agreement for any losses suffered by you will be limited to the amount paid by you for the purchase of the goods. For the avoidance of doubt, the above limitations of liability do not apply in the case of death or personal injury caused by Our negligence, or where We have acted fraudulently. We accept no liability for any indirect or consequential loss or damage, (however caused, even if foreseeable (save that these limitations on our liability do not affect your non-excludable statutory rights as a consumer). Except in respect of a payment obligation, neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, acts of God and technical difficulties.
9. Your Further Obligations to Us
You agree that you will not use the goods for any commercial or illegal purpose or for any other purpose prohibited by these Terms. You agree not to a) copy any of the goods; or b) rent or otherwise supply them to third parties. If you breach these Terms your permission to use this Site terminates immediately without notice being given to you. We shall not be liable for any loss or damage resulting from the illegal, incorrect or inappropriate use of the goods by you or anyone else whilst they are in your possession.
10.1 This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about Man&Eve and on the products and services it provides (the “Information”).
10.2 Man&Eve does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Information. Man&Eve has tried to ensure that all the Information provided on the Site is correct at the time of publication. However no responsibility is accepted by or on behalf of Man&Eve for any errors, omissions, or inaccurate Information on the Site. Further, Man&Eve does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.
10.3 Although Man&Eve attempts to ensure that the Information contained in this Site is accurate and up-to-date, We accept no liability for the results of any action taken on the basis of the Information it contains and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.
11. Computer Viruses, Worms and Trojan Horses
11.1 Whilst We use reasonable endeavours to protect this Site from computer viruses, worms, Trojan Horses and other such destructive features (the “Destructive Features”), We do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site.
12. Intellectual Property Rights
12.1 Except as is otherwise indicated on the Site, Man&Eve and/or its licensors own the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in this Site is intended to grant, by implication or otherwise, any licence or right under any patent, trademark or other intellectual property owned by Man&Eve or any licensor or third party.
12.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
12.3 You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to use, copy, disseminate or transmit in any other way any of the Information on the Site.
13. Your further use of this Site
You further agree not to use any Information on the Site except to the extent necessary to enable you to use the Site and the services provided through it. You shall not use the Site for any immoral or illegal purpose. In particular you agree that you will not:
• upload any files that contain any Destructive Features; or
• in any way damage, disable or impair the operation of the Site, or attempt to gain unauthorised access to the Site or to network connected to it, by hacking, spoofing or other such similar means.
14. Variation of Terms and Assignment
14.1 In the event that We change these Terms We shall take all reasonable and appropriate steps to notify you of such changes, for example, by prominently displaying the amended version on the Site and by requiring you to agree to any amended terms when you purchase goods from the online store. If you do not agree to the Terms as amended, please do not use the Site.
14.2 You agree that We may assign any of Our rights and/or transfer, sub-contract or delegate any of Our obligations under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
15. Entire Agreement
16. Waiver and Severance
Any failure or delay by either party in exercising any right or remedy under these Terms shall not constitute a waiver of that, or any other right or remedy. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
17. Customer Queries and Complaints
If you have any queries or complaints concerning Our service, goods, the Site, or technical problems etc, you can contact Man&Eve’s Customer Services Team by:
Telephone: 01633 214712
Post: St Marks House, 3 Gold Tops, Newport, South Wales, NP20 4PG
All notices must be given:
(a) to Us via mail at St Marks House, 3 Gold Tops, Newport, South Wales, NP20 4PG
(b) to you at either the e-mail or postal address you provide during any registration or ordering process, or by Us publishing relevant information on the Site. Notice will be deemed received either when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt), three days from the date of posting where any notice is posted to you, or immediately upon publication of any relevant information on the Site.
19. Governing Law
These Terms are governed by and are to be construed in accordance with English law. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.