- These terms and conditions (the Terms) set out the basis on which you may browse and use our website and purchase items (Services), available at www.itspopitsart.com (the Site).
- This Site is owned and operated by 3rd Rail Limited, with registered no. 08463013 and registered address at 107 Bell Street, London, NW1 6TL (we, us or our). Our registered VAT number is [GB161102170].
- Your use of the Site will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. By browsing or using this Site you are agreeing to be legally bound by the Terms.
- If you would like to contact us for any reason please do so using the following details:
Address: 52-56 Verney Road, Bermondsey, London, SE16 3DH
- Changes to the Terms
- We may revise the Terms from time to time in the event of changes in relevant laws and regulatory requirements or changes to our business practices.
- If you are an existing customer we will email you and give at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with Clause 7.
- Your use of the Site will be subject to the most recent version of the Terms available on the Site. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.
- Access and use of the Site
- Access to the Site is for your personal, non-commercial use and is currently free of charge, although we reserve the right to charge for access to the Site in the future. We will give you reasonable notice before implementing any charges.
- Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.
- You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
- We will use our reasonable endeavours to ensure that all prices and details of the Services listed on the Site are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the purchase request with the correct price, or cancelling the purchase request and receiving a full refund if payment has been taken. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect purchase request as cancelled, and you will receive a full refund if payment has been taken.
- All fees are inclusive of VAT (if applicable). You may only pay using the methods of payment displayed on the payment page, no other methods of payment will be accepted.
- Cancellation and Refunds
We take every care to ensure all our items get to you undamaged, this is why we offer tracked delivery as standard. We aim to get all UK orders delivered within 14 days and international orders within 28 days of purchase.
Editioned products including screen prints and books are classified as personalised goods and can therefore not be exchanged or refunded. Refunds will only be offered in the unlikely event that the items arrive damaged. Delivery charges will not be refunded.
When making a return you must send the item using recorded delivery and with appropriate insurance as we will not be held responsible for missing or damaged products. For prints ensure the same tube is used to return the item. All garments and accessories must be returned unworn and in a saleable condition unless faulty.
If you wish to exchange/return your item an additional postage cost must be paid before we can resend. We don’t cover postage on exchanges.
- Intellectual property rights
- You may download extracts of any page(s) from the Site, provided that:
- the material shall not be reproduced or included in any other work or publication in any medium;
- the material may not be modified or altered in any way;
- you may only use the material for personal, non-commercial purposes;
- the material may not be sold to any third party; and
- you do not remove any copyright or other proprietary notices contained in the material.
- If you copy or use any part of the Site made available through it in breach of the Terms, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.
- You may download extracts of any page(s) from the Site, provided that:
- Data protection and privacy
- Complaints or Queries
- If you have any queries or complaints about the Site or the Services or experience any technical issues, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.
- Links to and from the Site
- You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- We reserve the right to withdraw linking permission without notice.
- Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
- We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, or that the Site will be free from errors or omissions.
- We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform the Services to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour or materials or a failure of public or private telecommunications networks.
- If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
- Limitation of our liability
- You acknowledge that the Site has not been developed to meet your individual requirements. You agree not to use the Site for resale purposes.
- We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any unforeseeable loss or damage, such as loss of profit, loss of business, business interruption, or loss of business opportunity.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited by law.
- If defective digital content in the Site damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by having in place the minimum system requirements advised by us.
- The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
- We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
- If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
- Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.