Swift
Art &Design
Terms and Conditions
These Terms set forth the terms and conditions under which you may use this website and Services as offered by us, both through the Website and through our shop, Swift Studio.
By accessing or using the Website or our Services, you approve that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Website or our Services.
Contents
1. Definitions
2. About this Website
3. Setting up an account
4. Making a purchase through the online store
5. User Community
6. Return and Refund Policies and product reservation
7. Making a purchase from outside the UK
8. Retention of right to change offering
9. Ownership of intellectual property, copyrights and logos
10. Right to suspend or cancel user account
11. Indemnification
12. Limitation of liability
13. Right to change and modify Terms
14. Promotional emails and content
15. Preference of law and dispute resolution
16. Customer support details & contact info
1. Definitions
Terms - means all the terms and conditions set out below.
Website - means the website located at www.swiftartanddesign.com or any subsequent URL which may replace it.
Swift Studio / The Shop / In Store - means our shop located at 21 Bull Lane, Winchcombe, Gloucestershire GL54 5HY
Services - means any service we provide whether charged or free-of-charge and whether provided via this Website or via Swift Studio.
Product - means a product displayed for sale on the Website or at Swift Studio.
Us / We / Our / The Business - means the owner of the business and anyone else authorised by the owner to administer the Services of the business via this website or any other channel through which the business operates.
You / Your - you the user of this website and / or customer of the business
User Community - a service provided by wix.com as outlined in section 5
Members Area - a service provided by wix.com as outlined in section 5
2. About this Website
This Website is owned and operated by Guy Warner, a sole trader whose business name is Guy Warner Fine Art Trading As Swift Studio, engaged in the retail of original artworks, official printed materials derived from these artworks, handmade crafts and various other gift and homewares produced by various independent producers or other businesses or organisations.
The intention of this Website is to provide information about the different producers of Products available to purchase, information on those Products, and information about the operating practices and ethos of the business. This website also provides an online store interface so available Products can be purchased directly.
Any person of any age may view the website but conditions apply on setting up an account or making purchases. These are outlined below.
3. Setting up an account
To set up an account you must have an email address and be 18 years or over (UK), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive Services if doing so is prohibited in your country or under any law or regulation applicable to you.
We reserve the right to refuse, merge or close additional accounts at any time. You must keep us informed of any changes to your personal or membership details such as change of phone number or address. We will not be responsible for any error of communication resulting from details being out of date or inaccurate.
4. Making a purchase through the online store
You may make a purchase through the online store without setting up an account but you must be at the age of majority in your jurisdiction, and possess the legal authority, right and freedom to make purchases under the Terms of this Website.
When buying a Product, you agree that: (i) you are responsible for reading the full Product listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a Product when you commit to buy a Product and you complete the check-out payment process.
The prices we charge for our Products are listed on the Website. We reserve the right to change our prices for Products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
5. Setting up a public profile and the user community
When signing up for an account you have the option to select the checkbox ‘Set Up Public Profile’ which will enrol you in the User Community.
The User Community is a service provided by wix.com and is part of the Members Area.
The Members Area constitutes the pages available to those who have signed up for an account including: My Orders; My Subscriptions; My Addresses; My Account; My Wallet; My Wishlist.
If you select the checkbox ‘Set Up Public Profile’ on sign up, you set up a public profile within the Members Area that is publicly visible to site visitors, and your public activity (such as your posts or comments) will be visible to other visitors of the website. If you opt in but change your mind later you can switch to a private account via the ‘My Account’ page.
If you decline to set up a Public Profile then you simply have a private account within the Members Area that enables you to store your contact details to make purchasing quicker.
See the Privacy Policy for more details.
6. Return and Refund Policies
In Store purchases and Online purchases are each governed by their own policy
6.1 In Store Return and Refund Policy
Return of unwanted items
Returns are accepted for refund or exchange if brought back into the Shop within 10 days of the purchase date. The item must be in perfect condition and in its original packaging (if applicable) and accompanied by the original receipt.
Return of faulty or damaged items.
Purchases that you have damaged after leaving the Shop are not eligible for return. If you think an item has a fault that was present at the time of purchase you must let us know and bring the item back for inspection within 10 days of the purchase date. The item must be in its original packaging (if applicable) and accompanied by the original receipt. Many hand made items have natural small imperfections or inclusions that are part of the design. If we decide that the perceived fault is an intended part of the product we cannot offer a refund or exchange on the grounds that the product is faulty.
Ten day period explained.
If, for example, you buy your item on the 2nd of the month then you must return it to Swift Studio by the end of the tenth full day after that i.e. before 4pm (or the advertised closing time if different) on the 12th of the month. The ten day period includes non-business days so if, in the context of this example, Swift Studio is closed on the 11th and 12th then you must return your item by 4pm (or the advertised closing time if different) on the 10th of the month.
PLEASE NOTE: Returns cannot be accepted on original paintings due to the additional risks in transit. If you are unsure if an original painting is suitable you may reserve it for a short time so that you can….
6.2 Online Return and Refund Policy
Returns are accepted for refund or exchange if notified within 14 days of your receipt of the product. This includes a refund of the most basic (lowest price) rate of postage that was available at the time of purchase; regardless of the postage rate you chose.
Items must be returned in their original packaging and posted using a tracked and fully compensated service. Refunds or exchanges cannot be issued if the item you are returning gets lost, or damaged, in the post. It is your responsibility to cover the cost of return postage except in case of an item arriving to you damaged.
Where items arrive damaged you must notify us and provide photo evidence of the damage, along with detailed photos of damage to the packaging, within 14 days of receiving the item.
PLEASE NOTE: Returns cannot be accepted on original paintings due to the additional risks in transit. If you are unsure if an original painting is suitable please contact us; It may be possible to reserve the painting and arrange to view the painting in person so that you can be sure of your decision (see Making a Product Reservation).
6.3 Making a Product Reservation
We offer a service whereby we can reserve a Product for you, in the case that you have seen the Product online and have sent us a message requesting its reservation.
Reservation means that we will remove the product temporarily from our online shop and temporarily remove it from sale at Swift Studio.
We will reserve a Product for seven days from the time of the reservation request to allow you to visit the shop in person to view the Product. Once you have viewed the Product, if you choose not to buy it it will automatically be placed back on general sale.
We reserve the right to withdraw this service or change the terms at any time.
7. Making a purchase from outside the UK
Please be aware that your order may incur charges including tax, customs duties, and a customs clearance/handling fee and you will be liable for paying these charges. Please check with your post office or local tax authority before ordering to make sure you are fully aware of any applicable charges.
Because of both the UK departure from the EU and the coronavirus pandemic there may currently be long delays on international postage. Please only place an order if you are happy to accept any possible delays as we cannot be held responsible for postal delays. Please note this may currently apply when ordering from Northern Ireland.
This website’s currency is Pound Sterling (GBP) so your bank may charge a foreign currency conversion fee.
8. Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
9. Ownership of intellectual property, copyrights and logos
The website and service provided and all materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all Intellectual Property Rights related thereto, are the exclusive property of Guy Warner. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
10. Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
11. Indemnification
You agree to indemnify and hold Guy Warner, the website owner, harmless from any demands, loss, liability, claims or expenses (including solicitors’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
12. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Guy Warner, the website owner, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Guy Warner assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
13. Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
14. Promotional emails and content
You may request to receive promotional messages and materials from us, by email or any other contact form you may provide us with (including your phone number for calls or text messages). Such communications will not be sent without your explicit consent. If you don't want to receive such promotional materials or notices, or if such communication has been sent in error – please just notify us at any time at gpwarner@outlook.com or via the contact form on the website..
15. Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
16. Customer support details & contact info
If you have any queries about any aspect of these terms, or about the use of this website, you are invited to contact us at guy@guywarner.co.uk or via the contact form on the website.
These Terms and Conditions are effective from 1st January 2023.