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 Henry Matisse

 "Creativity takes courage"

Unique and uplifting art
inspired by wildlife and nature

CoolArt2021  Terms of Use

These Terms of Use apply to the use of the CoolArt2021 website (the “Site”) by our customers and other Site users. By accessing this Site you are agreeing to be bound by these Terms of Use and that you are responsible for complying with any local laws and regulations applicable to you. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.

 

These Terms of Use were last updated on 27 August 2021.

 

1. About CoolArt2021 and this Site

1.1 CoolArt2021 is the trading name of Marcus Mason-Williams (‘we’, ‘our’, ‘us’). This Site is operated on his behalf.

 

1.2 Wix.com platform. This Site is hosted on the Wix online platform, which allows us to sell our products and services to you. For further information on the terms and conditions governing the Wix platform and their services see (see link).  “Wix” means Wix.com Ltd. (together with its payment providers and other affiliated companies and subsidiaries worldwide).

 

1.3 Third Party links and services This Site contains links to external websites and relies on services provided by third parties, including those integrated into the Site (“Third-Party(ies)”). In addition to Wix these currently include:

 

  • the thortful website, which offers some of the CoolArt2021 artwork as greetings cards;
     

  • B2CPrint LTD. which provides “Order a Print” and related services (“Order a Print”). Order a Print is responsible for fulfilment of all orders of Art and Merchandise products featuring CoolArt2021 artwork, shown on this Site. For further information on the services provided by Order a Print see Sections 3 and 4 below; and

 

  • Printful Inc (“Printful”) which is responsible directly or through third parties for fulfilment services (including printing, packing and shipping) of all orders for CoolArt2021 Kids Clothing shown on this Site. For further information on the services provided by Printful see Sections 3 and 4 below.

 

1.4 Any information you provide to any Third-Party (including Wix, thortful, Order a Print or Printful) via its platform, website or otherwise is provided directly to their operators. Your use of such platform or site(s), the provision by you of information to and any orders placed with or fulfilled by, such Third Parties are subject to all their policies and procedures, including those, if any, governing terms and conditions of use of their services, privacy, security, the collection, storage and processing of personal data, order fulfilment, cancellations and returns (“Third-Party Policies”), even if accessed through our Site.

 

1.5 We have no control over the contents nor operation of any Third Party platforms or websites, nor the operation or quality of their services, nor any Third Party Policies. We cannot accept responsibility or liability for your use of, or any orders placed on or via, a Third Party platform or website, nor any orders fulfilled by any Third Party.

 

2. Opening an Account

 

2.1 You do not have to open an account to place an order, but, if and when the option to do so is available on the Site, you will be able to choose to open an account by following the instructions on the Site. You must treat any password or any other piece of information set up as part of the Site’s security procedures as confidential and must not disclose it to any third party. We will have the right to disable or terminate your account or password at any time, if in our reasonable opinion you have: (a) failed to comply with any of the provisions of these Terms of Use; (b) violated any other applicable laws or regulations; (c) if your conduct is harmful to other users of the Site, our services or any third parties; or (d) if you have not accessed your account for a prolonged period of time.

 

2.2 If you know or suspect that anyone other than you knows your password, you must promptly notify us at info@CoolArt2021.co.uk. You will have the right to close your account at any time by contacting us at info@CoolArt2021.co.uk. If you exercise this right you will no longer be able to log into your account from the Site. Information associated with your account may be retained by us.

 

3. Order Process

3.1 There are instructions on the Site to guide you through the 2 different order process(es) using 2 different carts, which operate independently:

 

    • the CoolArt2021 Cart for Card Collection orders and CoolArt2021 Kids Clothing; and 

    • The Art Store Cart for Art and Merchandise orders.

 

3.2 The information needed to place orders includes your name, contact details, delivery address and payment information (credit, debit card or PayPal for CoolArt2021 Card Collection and Kids Clothing orders and Paypal only for Art and Merchandise). Any information you provide must be complete, correct and true.

You can access the CoolArt2021 Cart and the Art Store Cart by following the links highlighted around the Site.

 

3.3 Orders are placed via the Site when you press the Confirm Order button at the end of either the CoolArt2021 Cart or make the payment at the end of Art Store Cart checkout process, as appropriate.

 

4. Order Fulfilment

4.1 Card Collection and Kids Clothing Orders. The Wix platform and Wix payments service, directly or through third parties, operate the CoolArt2021 Cart and process and take payment for all Card Collection and Kids Clothing orders. For further information on all the policies and procedures (including Terms and Conditions/and Privacy Policy) governing the platform and services provided by Wix (see Wix link).

 

4.2 Card Collection Orders are fulfilled direct by CoolArt2021. See Sections 5 to 9 below.

 

4.3 Kids Clothing Orders are printed, packed and shipped directly by Printful. Wix manages the billing, payment and order processing and CoolArt2021 (through liaison with Wix and Printful) manages the returns, refunds and any other customer issues relating to such orders. See Sections 5 to 9 below.

 

4.4 Art and Merchandise Orders

Order a Print, directly or through third parties, operates the Art Store Cart and fulfils all orders of Art and Merchandise products.

Order a Print’s fulfilment services include:

 

  • billing, payment and order processing;

  • printing, packing and shipping;

  • providing customer services, including dealing with all queries, cancellations, returns, refunds and any other customer issues relating to such orders. 

 

4.4 For terms and conditions governing Order a Print’s services, see link at the end of the Art and Merchandise shopping cart to the Order a Print Terms and Conditions. If you have any questions concerning Order of Print Services please contact them by email to: support@orderaprint.com

 

The Terms and Conditions in Sections 5 to 9 below apply to Card Collection Orders and Kids Clothing Orders using the CoolArt2021 Cart only.

 

5. CoolArt2021 Cart Declined orders

We may decline or cancel any Card Collection or Kids Clothing order at any point prior to delivery for any reason including, without limitation, where the product you have ordered is unavailable, we are unable to obtain authorisation for your payment or where there is a pricing or product description error. If your order is declined or cancelled after payment has been taken, your payment will be refunded to you via the payment method used to place the order.

 

6. CoolArt2021 Cart Prices and Payment and Promotional Codes

6.1 All CoolArt2021 Cart prices are exclusive of delivery charges unless otherwise stated. Delivery charges will be added during the checkout process. The Wix payment system accepts various credit and debit cards as well as PayPal. To offer the best security, all of our credit and debit card payments are processed securely by our payment processor or, if selected as a payment option, PayPal.

 

6.2 If, when the option becomes available, you choose to create an account, you will have the option of having your card details stored securely by Wix Payments so that you can check out on future visits without re-entering your card details. Credit and debit card details are processed by our payment processors and are not shared with us.

 

6.3 Promotional Codes

From time to time we may issue promotional codes which can be redeemed against specified purchases. Each promotion will have its own terms of use in addition to the Terms set out here. Promotional codes will have expiry dates and no credit or cash alternative will be offered if you do not use a promotional code before its expiry date. We reserve the right to cancel or suspend any of our promotional campaigns at any time.

 

7. Cancelling Your CoolArt2021 Cart Orders

7.1 You may cancel orders for Card Collection or Kids Clothing products, in accordance with the Consumer Contracts Regulations 2013, provided you exercise your right no later than 14 days after the day on which the products are received.

 

7.2 If you wish to exercise your cancellation right, you (or the gift recipient, where applicable) must not open the products or break any safety seals and must take reasonable care of the products until they are returned to us.

 

7.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear written statement, including your name, postal address, details of the order you wish to cancel and your phone number and email address.

 

7.4 If you decide to cancel, you should return the products to us (or procure that the gift recipient returns the products to us) at your cost within 14 days of such cancellation. Our payment processor will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard delivery method). If you wish to return products, please email us at info@CoolArt2021.co.uk for confirmation of the return address.

 

7.5 We may make a deduction from the reimbursement for any transaction fees charged by any payment processor or for loss in value of any products supplied, if the loss is the result of unnecessary handling by you or the gift recipient. We will make the reimbursement no later than 14 days after the day we receive the products back from you. Please be aware that banks might take an additional 2-14 days to refund the amount to your card.

 

8. Delivery of Card Collection Orders

8.1 Card Collection Orders are delivered via Royal Mail First Class post (or such other delivery service as we select). Whilst we will endeavour to post your order for delivery by your chosen delivery date (if applicable), we cannot guarantee the exact delivery date. You will be sent an email notification when your order has been dispatched.

 

8.2 Kids Clothing Orders are shipped by Printful using one of their trusted carriers. When an order is dispatched you will receive a shipping confirmation email with a link to a tracking page showing your estimated delivery date. Exact delivery dates cannot be guaranteed.

 

8.3 Non-delivery:  Neither we nor Printful is able to provide delivery notifications or obtain proof of delivery. Neither we nor Printful can be held responsible if an item arrives late due to postal service delays or any other circumstances outside of Printful’s or our control.

 

In the event of non-delivery (an order/item not having arrived 21 working days after its dispatch date, other than as a result of you or the recipient failing to accept delivery), please email us at info@CoolArt2021.co.uk. We will offer to resend your order, or refund the price paid for the items ordered where you have a valid reason for declining a replacement.

 

We are unable to provide replacements or refunds for any deliveries sent to the wrong location where an address is entered incorrectly on checkout.

 

9. CoolArt2021 Cart Order Returns, Replacements and Refunds

9.1 Except as set out above in relation to cancellation and non-delivery, we (or Printful on our behalf) will only accept returns and issue replacement products or refunds in the following circumstances.

 

Damage

Strict quality control measures are maintained when printing, packing and dispatching CoolArt2021 Cart orders but sometimes damage can occur. If products are delivered damaged or with printing faults, please please email us at info@CoolArt2021.co.uk as soon as possible (and in any event within 14 days) quoting your order number, so that we can arrange direct, (or through Printful for CoolArt2021 Kids Clothing) a free replacement or a refund. 

We may ask you to email photos of the damaged/faulty products to verify that you are eligible for a replacement or refund, and we may ask you to return the damaged / faulty products to us.

 

Incorrect products

Rigorous processes are followed when packing orders but occasionally, as a result of human error, you may receive an incorrect product in your order. If the products received are incorrect, please contact us quoting your order number, so that we can arrange a free replacement or a refund direct, (or through Printful for CoolArt2021 Kids Clothing). We may ask you to email photos of the incorrect products to verify that you are eligible for a replacement or refund, and we may ask you to return the incorrect products to us.If you need to return products, please email us at info@CoolArt2021.co.uk for confirmation of the return address.

 

9.2 Refunds

We generally offer free replacements for damaged, faulty or incorrect products. However, if a replacement is not possible or you have a genuine reason for declining a replacement, we may offer a refund. If you do receive a refund, we will refund you the total amount you paid for the product(s) plus any delivery charges you have paid, within 14 days of the day on which you provide us with the information requested (including, where applicable, evidence that the product(s) are damaged, faulty or incorrect). You will receive an email confirming your refund has been processed, however please be aware that banks might take an additional 2-14 days to refund the amount to your card. Please note, it is not our policy to offer both a refund and a replacement.

 

9.3 Our liability in connection with any damaged, faulty or incorrect product(s) purchased through the Site and in connection with any non-delivery is limited to issuing a replacement or refund as set out above.

 

10. Marketing

10.1 We may send CoolArt2021 marketing updates to our customers and you may choose to receive marketing updates by email through the Contact Us page on the Site.

 

10.2 You can opt-out of receiving marketing updates from us by following the unsubscribe instructions included in all of our marketing communications. If you opt-out of receiving marketing updates, we may still use your email address to contact you with order confirmations, dispatch notices and other information about your orders.

 

For more information about how we use personal data, please see our Privacy Policy.

 

11. General Terms applicable to the Site

11.1 Changes To These Terms

We may revise these Terms of Use at any time without notice. Any revisions will be effective when they are uploaded to the Site. By accessing the Site you are agreeing to be bound by the then current version of these Terms of Use.

 

11.2 Changes to the Site

We may update the Site from time to time, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. While we endeavour to keep the content on the Site up to date, any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

11.3 Availability

We do not guarantee that the Site, or any content, will always be available or be uninterrupted or be free from errors or omissions. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site or any part of it is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or from your devices are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time.

 

11.4 No reliance on information

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely.

 

11.5 Intellectual property rights

We are the owner of all intellectual property rights in all designs, images, artwork, information relating to CoolArt2021 and other content on the Site or we have the consents and authority to use such content on our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may only use the Site for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Site.

 

You must not, without our prior written consent, copy, reproduce, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, or distribute in any way the web pages or materials on the Site (except for links to our home page in accordance with Section 11.8). Our authorship of material on the Site must always be acknowledged. You must not use the Site or any part of the content for commercial purposes without obtaining a licence to do so from us.

 

If you print off, copy, download or otherwise use any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

11.6 Our liability

You agree that under no circumstances will we will liable for you for any damages or injury, including, direct, incidental, consequential, or punitive damages or any damages or injury that may result from the use of, or inability to use the Site. Whilst we take reasonable care in relation to the Site, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

 

11.7 Viruses, hacking and other offences

You must not misuse or attack the Site by knowingly introducing viruses, trojans, worms, logic bombs or 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, nor take any action which impairs or limits the ability Wix to operate the Site or any other person's ability to access and use the Site. In the event of a breach of these obligations, your right to use the Site will cease immediately.

 

We will not be liable for any loss or damage caused by any viruses or other malicious or technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

 

11.8 Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it nor breach any of the other provisions of these Terms of Use, but 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.

 

You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

 

11.9 Governing Law and Jurisdiction

These Terms of Use, (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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About the Artist

Hi I'm Marcus. I have autism and a passion for wildlife and nature. Art and performing set me free. Follow me on Instagram @Cool.Art2021

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