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All prices exclude Packaging and Delivery.
Initially please contact helen@helenlush.com
to confirm availability of paintings. Payment by Credit or Debit card is accepted via PayPal secure payment system or by cheque in GB£ made
payable to Helen Lush. Card transactions will be conducted via a PayPal button sent to you by email. By clicking on the button you will enter the
PayPal secure payment page where you enter your card details. There is no charge to use this facility.
Paintings will be dispatched on clearance
of funds and are generally sold framed and mounted. Details of framing
will be discussed after initial contact. Paintings can be purchased without a
frame for a slightly reduced price. Measurements given are the actual painting
size excluding frame and mount. To Purchase from outside the UK, please e-mail
helen@helenlush.com for details of shipping costs. It is important that you read the Customer Agreement
below before entering into a purchase.
CUSTOMER AGREEMENT 2003
This agreement between you and Helen Lush explains how you can purchase
paintings identified on this web site. It also includes Helen Lush's Privacy
Policy. By entering into a transaction to purchase a painting, you acknowledge
and signify that you have read, understood, and agreed to be bound by this
agreement. This agreement is bound by relevant UK laws, in particular the
Consumer Protection (Distance Selling) Regulations 2000 and any subsequent
amendments.
Who Can Be a Customer?
Only individuals and businesses that are legally entitled to enter into legally
binding and enforceable contracts may purchase paintings. Customers must comply
with all applicable laws. All information submitted by Customers when
purchasing a painting, including payment information, and transaction-related
information must be true, accurate, current and complete.
Once you have begun a transaction to purchase a painting, you are referred to as
a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement.
Sale of paintings illustrated on the web site
Artworks shown are representative of general stock. The availability of any
particular artwork is subject to confirmation. If an artwork is not available,
Helen Lush is happy to discuss whether a similar work is available. The
copyright of all paintings sold remains that of Helen Lush by law.
Whilst every effort has been made by Helen Lush to ensure that the web site
conveys true and accurate representations of the paintings it is impossible to
discount very slight colour variations.
How The Purchase Works
If you wish to buy a painting illustrated on the web site you should contact
Helen Lush by e-mail helen@helenlush.com
indicating which painting(s) you
wish to purchase. Helen Lush will reply indicating whether the painting is
still available. If you wish to proceed with the purchase you will need to
confirm your purchase request by e-mail and agree the means of delivery of the
painting. Helen Lush will quote post and packaging costs where required before
the transaction is finally agreed.
Purchase requests
Although Helen Lush strives to provide reliable and current information on the
Web site, misprints or other errors may occur. Helen Lush reserves the right to
change information on the Web site at any time and from time to time without
any notice or liability to You or any other person. Items listed on the Web
site are subject to availability, and may not be available when ordered or
afterwards.
All contracts of sale are governed by the laws of United Kingdom.
Cancellation of purchase
Under the requirements of the Consumer Protection (Distance Selling) Regulations
2000 you are entitled to cancel your purchase within a period of seven working
days. The cancellation period ends on the expiry of the period of seven working
days beginning with the day after the day on which You receive the painting(s).
In order to cancel a purchase you must notify Helen Lush in writing or by
electronic mail to helen@helenlush.com within the cancellation period. In
this case, you should send back the painting(s) to Helen Lush immediately and,
on receipt in good order by Helen Lush, you will receive the re-payment of the
purchase price. All postal costs, including the original dispatch of the item,
are at your expense. You will also be liable for any damage to the item in
transit when it is returned to Helen Lush.
We Respect Your Privacy
Your personal information will be collected and saved by Helen Lush. All data
and information collected from You by Helen Lush is treated confidentially
respecting the applicable laws on data protection and in accordance with our
Privacy Policy (see below).
Privacy Policy
It is always your choice whether or not to provide personal information through
the Web site. Any personal information you provide will be treated with care,
and subject to this Policy will not be used or disclosed in ways to which you
have not consented. By entering into a transaction with Helen Lush you signify
your consent to Helen Lush's collection, use, and disclosure of your personal
information in accordance with this Policy.
Personal data will be used only in connection with the Helen Lush art business
and will not be shared with any other parties. Personal data will be stored in
a secure manner using Fire Wall and anti-virus protection software.
During your purchase of a painting you will be asked to voluntarily provide
personal information (such as your name, email address, postal address and
telephone number). If you choose not to provide certain requested personal
information, Helen Lush reserves the right to not proceed with the purchase
transaction.
Helen Lush may use your personal information to contact and correspond with you
and to respond to your communications. Additionally, Helen Lush may keep a
record of all communications with you.
At any time you may ask Helen Lush to stop sending you email and other
information by contacting helen@helenlush.com. Helen Lush may disclose
your personal information to a government institution that has asserted its
lawful authority to obtain the information or where Helen Lush has reasonable
grounds to believe the information could be useful in the investigation of
unlawful activity, or to comply with a subpoena or warrant or an order made by
a court, person or body with jurisdiction to compel the production of
information, or to comply with court rules regarding the production of records
and information, or to their legal counsel.
Helen Lush will store and process your personal information in Cardiff, Wales,
UK. To help protect the confidentiality of your personal information, Helen
Lush employs security safeguards appropriate to the sensitivity of the
information. Nevertheless, security and privacy risks cannot be eliminated.
You may request access to your personal information and information about Helen
Lush's collection, use and disclosure of that information by contacting her at
helen@helenlush.com.
Subject to certain exceptions prescribed by law, you
will be given reasonable access to your personal information within a
reasonable time, and will be entitled to challenge the accuracy and
completeness of the information and to have it amended as appropriate. Helen
Lush attempts to keep its records as accurate and complete as possible. You can
help us maintain the accuracy of your information by notifying us of any
changes to your personal information.
The Web site contains links to other Web sites or Internet resources. When you
click on one of those links you are contacting another Web site. Helen Lush has
no responsibility or liability for or control over those other Web sites or
their collection, use and disclosure of your personal information.
To accommodate changes in the Web site, changing technology, and legal
developments, this Policy may be changed from time to time at Helen Lush's
discretion and without any prior notice or liability to you or any other
person. New versions of this Policy will be posted here. Helen Lush's
collection, use and disclosure of your personal information will be governed by
the version of this Policy in effect at that time. Accordingly, when you use
the Web site you should check the date of this Policy and review any changes
since the last version.
Warranty and Liability Exclusion and Limitation Clauses
Helen Lush guarantees that when a painting is dispatched to the customer it is
as described on the web site and is intact, mounted and framed behind glass
(unless otherwise agreed ) as described. It will be free from damage, although
some minor scratches and imperfections in the frame cannot be ruled out. Helen
Lush will use sturdy packaging to protect the paintings in transit. Helen Lush
has no control over or liability for any damage caused in transit.
Regardless of the nature of the claim or the reasons for the loss and damages,
Helen Lush' s liability is limited to foreseeable and typical damages.
The exclusion of certain warranties and the exclusion or limitation of certain
liabilities is prohibited by law in some jurisdictions. Such limitations may
apply to You. The warranty disclaimer and liability exclusion and limitation
clauses survive indefinitely after the termination of this agreement.
Legal Claims
For all disputes between Helen Lush and You or any other person arising from,
connected with or relating to the Web site, this Agreement, transactions
facilitated or conducted through the Web site, Items ordered or purchased
through the Web site, dealings between You and Helen Lush, or any related
matters or any legal relationship associated therewith or derived there from
("Disputes"), the relevant parties will attempt to find a reasonable solution
least onerous to the parties. If a Dispute cannot be resolved by the parties,
then the Dispute must be resolved before the Courts of the UK and you hereby
irrevocably submit and attorn to the original and exclusive jurisdiction of
those courts in respect of all Disputes. Proceedings regarding Disputes must be
commenced in a court of competent jurisdiction in the UK within six (6) months
after the Dispute arose, after which time any and all proceedings regarding the
Dispute are barred. Any shorter time limit provided by statute law remains
unaffected.
Changes to Web sites, Policies and Procedures, and this
Agreement
Helen Lush may, in its discretion, change, suspend or terminate, temporarily or
permanently, the Web site or any part of them at any time, for any reason,
without any notice or liability to You or any other person.
Helen Lush may, at its discretion, change, supplement or amend its policies and
procedures and this agreement as they relate to future use of the Web sites
from time to time and without any notice or liability to You or any other
person, by posting revised documents on the Web sites. You may not change,
supplement or amend this agreement or any Helen Lush policies or procedures.
You and Helen Lush have expressly requested and required that this Agreement and
all other related documents be drawn up in the English language.
Statutory Rights
This Agreement does not affect your statutory rights.
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