(1) Introduction.
These terms and conditions govern your use of the Independent Currencies website (www.independentcurrencies.com); by using the website, you accept these terms and conditions in full.
(2) Intellectual property rights.
Unless otherwise stated, Independent Currencies and Tom Badley own the intellectual property rights in the website and/or material on the website. Subject to the licence below, all these intellectual property rights are reserved.
(3) Licence to use website.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below. You must not: 1. republish material from this website (including republication on another website); 2. sell, rent or otherwise sub-license material on the website; 3. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; 4. edit or otherwise modify any material on the website; or 5. redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
(4) Limitations of liability.
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold Independent Currencies and Tom Badley liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with the Independent Currencies website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, Independent Currencies and Tom Badley will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with Independent Currencies, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Restricted access.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. Independent Currencies may disable your user ID and password at our sole discretion.
(6) Bulletin board / chat room / comments.
You must not use www.independentcurrencies.com in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use www.independentcurrencies.com in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use www.independentcurrencies.com for any purposes related to marketing without our express written consent.
You must not use www.independentcurrencies.com to copy, publish or send mass mailings or spam.
You must not use www.independentcurrencies.com to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
All material you copy, publish or send via www.independentcurrencies.com must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon www.independentcurrencies.com.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
(7) Variation.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(8) Entire agreement.
These terms and conditions constitute the entire agreement between you and us in relation to your use of www.independentcurrencies.com, and supersede all previous agreements in respect of your use of this website.
(9) Law and jurisdiction.
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
(10) Contact details.
contact@independentcurrencies.com
These terms and conditions (‘Terms and Conditions’) apply to the sale to you by Independent Currencies of any limited edition print or any other piece of artwork (the “Artwork”) by Tom Badley (the ‘Artist’) through its website.
Orders & Prices
2.1 Select the item you want, including the framing options, then click on checkout and enter your personal details onto the form. Your order will then be sent to Independent Currencies by email.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out.
Delivery
3.1 Delivery of the Artwork shall be made by Independent Currencies as soon as payment has been received in full, or at the earliest opportunity.
3.2 Delivery will be made through Royal Mail where possible. When Royal Mail cannot deliver to the buyer shipping address, or cannot insure the cost of the item, Independent Currencies will select an alternative courier service. All delivery charges will be payable by the buyer, except for orders within the UK. Please allow up to 21 days for delivery.
3.3 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the Royal Mail, or such other carrier as we may use.
3.4 Where you request for delivery other than in accordance with condition 3.1, Independent Currencies shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
Title and Risk.
Title and risk in the Artwork shall pass to you when Independent Currencies has received the payment price for the Artwork in full, in cash or in cleared funds, whether or not delivery has been made. Upon such payment, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
Ownership of Copyright
5.1 The buyer is not permitted to re-sell the Artwork, unless permitted by Independent Currencies. Permission may be sought by emailing: contact@independentcurrencies.com
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description without permission of Independent Currencies.
5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate Independent Currencies or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:
5.5.1 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;
5.5.2 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.5.3 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.5.4 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
5.6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6.1 By agreeing to these Terms and Conditions, you confirm that you are aware of and consent to the use by The Coningsby of any personal data within the meaning of the Data Protection Act 1998 and that Independent Currencies may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.
6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with Independent Currencies and may be provided to any third party in a similar business to Independent Currencies.
6.3 You consent to Independent Currencies revealing personal data to the Artist should you breach these Terms and Conditions.
7.1 Except in respect of death or personal injury caused by Independent Currencies negligence, Independent Currencies shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Independent Currencies, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of Independent Currencies under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.
7.2 Independent Currencies does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
Rights of Third Parties.
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
Please note that you cannot cancel this contract. Accordingly, once purchased you may not return the Artwork and Independent Currencies does not offer refunds.
Waiver.
No failure or delay by Waiver. in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law. Severance
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
Governing Law and Jurisdiction.These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts. Nothing contained in these Terms and Conditions affects your statutory rights.
By using this website you confirm acceptance of these Terms and Conditions and in particular, consent to the use of personal data in condition 6 above.
Independent Currencies is committed to safeguarding the privacy of visitors to www.independentcurrencies.com; this policy sets out howIndependent Currencies will treat your personal information.
(1) What information do we collect? We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type, referral source, length of visit and number of page views.
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services.
(c) information that you provide to us for the purpose of registering with us.
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters
(e) any other information that you choose to send to us.
(2) Cookies.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website.We will use the persistent cookies to enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information.Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites including this one.
(3) Using your personal data.
Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website. We may use your personal information to:
(a) administer the website.
(b) improve your browsing experience by personalising the website.
(c) enable your use of the services available on the website.
(d) send to you goods purchased via the website, and supply to you services purchased via the website.
(e) send statements and invoices to you, and collect payments from you.
(f) send you general (non-marketing) commercial communications.
(g) send you email notifications which you have specifically requested.
(h) send to you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications).
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user.
(j) deal with enquiries and complaints made by or about you relating to the website; and;
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
All our website financial transactions are handled through our payment services provider. You should only provide your personal information to our payment services provider after reviewing their privacy policy. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website.
(4) Disclosures.
We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes as set out in this privacy policy. In addition, we may disclose information about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling. Except as provided in this privacy policy, we will not provide your information to third parties.
(5) International data transfers.
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
If you are in the European Economic Area (EEA), information which you provide may be transferred to other countries (including the United States and Japan etc), which do not have data protection laws equivalent to those in force in the EEA.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.
You expressly agree to such transfers of personal information.
(6) Security of your personal data.
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure servers.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
(7) Policy amendments. We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
We may also notify you of changes to our privacy policy by email.
(8) Your rights.
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at US $ 18.50).
You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites.
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information.
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(11) Contact. If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to contact@independentcurrencies.com
(12) Data controller: The data controller responsible for our website is Independent Currencies.
Independent Currencies is based in the EU and is required to comply with EU legislation. This website stores small pieces of information (cookies) on your computer. By visiting www.independentcurrencies.com we assume you are agreeing to the cookies below being set.
This website currently uses the following cookies:
Analytics cookie: this cookie allows the site to anonymously track the pages visitors view. It is an industry standard practice, and does not reveal any identifiable personal information about visitors.
Session Cookie: this cookie allows the site to remember your account status between visits.
If you have any questions, please contact us.
Copyright Independent Currencies 2023. All Rights Reserved.
