Terms & Conditions

Welcome to our website.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms of use, which together with our Privacy Policy (and any other documents referred to in the Terms of use ) govern Dotcomartisan’s relationship with you in relation to this website. The term “Dotcomartisan” or “us”, “we” or “our” refers to the owner of the website (the “Site” or “Service”), whose registered address is Chandos House , Elm Grove, Bognor Regis, PO21 2SW. The term “you” refers to the user or viewer of our website.

1. Acceptance of Terms

Please read these Terms carefully and make sure that you understand them, before ordering any Products or Services from the Retailers on our Site (an “Order”). You should understand that by placing an Order, you agree to be bound by these Terms. By using and/or purchasing from our Site, you acknowledge that you have read, understood and agreed to these Terms and any applicable Terms & Conditions of any participating Seller. Please understand that if you refuse to accept these Terms, you will not be able to order any Products or Services from a Seller on our Site

2. Our right to change these Terms

We may amend these Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Terms periodically for changes. By using the Site you agree to be bound by these Terms. If you do not agree to these Terms, then please do not use the Services or any part of them. You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from a Seller , unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products and/or Services.

3. Accessing our Site

Access to our site and our services is permitted on a temporary basis. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted .We reserve the right to suspend, withdraw, discontinue or amend the services we provide through the Site without notice. We will not be liable to you if for any reason our site or any of the Services are unavailable at any time or for any period. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you, is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4. Your status

By placing an Order with a Retailer through our Site, you warrant that;

1. you are legally capable of entering into binding contracts;

2. you are at least 18 years old;

3. you are resident in the United Kingdom; and

4. you are accessing our Site from the United Kingdom.

5. Our status

Dotcomartisan allows third party sellers (the “Seller”) to list and sell products and services (the “Goods”) on the Site and only helps the Seller to facilitate transactions that are carried out through the Site. We accept Orders as a limited service provider on behalf of Sellers, solely providing services that facilitate sales contracts directly between the Sellers and you for sales of the Goods via the Site. Dotcomartisan is not the seller of the Goods and shall have no liability to you, for any claims, demands, losses, damages, or penalties arising out of any transaction with a Seller. When you place an Order for any Goods on the Marketplace, you are placing an Order and legally contracting with the relevant Seller. Any financial transaction is made directly between you and the Seller and not with Dotcomartisan.The resulting legal contract is between you and that Seller and such contract shall comprise of these Terms & Conditions, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions. You should carefully review the Terms & Conditions, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Terms & Conditions and the email confirmation of your order or the applicable details on the product page, these Terms & Conditions shall prevail to the extent of the conflict or inconsistency. The Seller is solely responsible for making the Goods available for purchase and we cannot give any undertaking that Products and/or Services that you purchase from Sellers through our Site, will be of satisfactory quality or carried out with reasonable skill and care, and any such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the third party Seller. . Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.

6. How contracts are formed between you & Sellers

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page. No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

7. Product Listings

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images used by us. The packaging of the Products may vary from that shown on images on our site We are not responsible for the descriptions or photos of the Products listed on our site. The descriptions and photos are provided to us by the sellers and therefore we cannot guarantee the accuracy of them.

8. Prices of the Products

The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. It is always possible that, despite our reasonable efforts, some of the Products on our site may be listed by us with incorrect prices. If an error is discovered in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.. The price of a Product does not include delivery charges (unless clearly stated otherwise). The delivery charges applicable are advised to you before or during the check-out process, before you confirm your order. Our site contains a large number of Products. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to process the order for the Products to be provided to you at the incorrect (lower) price.

9. Payment & Delivery

Purchases for the Goods you make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time. The Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

9. Refusal of Transaction

Your Order only constitutes an offer to purchase Goods from a Seller, and does not form a binding contract until accepted by that Seller .We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

10. Returns

If you wish to discuss or organise a return, exchange or refund of any non-cancellable item purchased through the Site (see our Returns section for a description of non-cancellable items), please contact the Seller directly using the contact the seller facility on the Site in accordance with our Returns & Refunds Policy. Any returns or refunds shall be made by the Seller in accordance with the Returns & Refunds Policy.

11. Disputes

The enforcement of any contractual obligations arising out of the completion of a transaction using the Site is the responsibility of you and the specific Seller that is party to that transaction. Dotcomartisan is not obliged to mediate between you and Sellers or enforce or execute fulfilment of any contract. You will need to resolve any subsequent dispute directly with the Seller. If there is an issue with resolving the problem between you and the Seller, please give us a reasonable opportunity to liaise with the Seller, in order to ensure the Seller will use every effort to replace, repair or fix any defect in the Goods as soon as reasonably practicable.

12. Restrictions

In accordance with the Licensing Act 2003, it is an offence for any person under 18 to buy or attempt to buy intoxicating drinks. You may not purchase alcoholic Products from our site unless you are at least 18 years old. We are not allowed by law to arrange the supply of these Products to you if you do not satisfy these age requirements. By placing an order for such Products you are confirming to us that you meet the minimum age requirement and that you are 18 years old or over. If you are making a purchase as a gift, then the recipient must also be over 18 years old.

13. Disclaimer of Warranties & Limitation of Liability.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. The Site and all Goods delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Dotcomartisan, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend and hold harmless Dotcomartisan and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party

15. Links

You may link to our home page on 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, 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. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time. The Site may provide links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

16. Intellectual property rights

We own, or are the licensee to, all rights, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service. You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors. We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact us to report the concern.

17. Uploading material to the Site

Uploaded material must not: (a) be defamatory of any person; b) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (c) infringe upon or violate any copyright, database right or trade mark of any other person; (d) be likely to deceive any person; (e) promote any illegal activity; (f) be likely to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (g) be used to impersonate any person, or to misrepresent your identity or affiliation with any person. Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

18. Viruses, Hacking and other offences

You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our Site will cease immediately.

20. Waiver

If we fail, to insist upon strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

21. Severability

If any court or competent authority decides that any of these Terms & Conditions are determined by any to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Entire agreement

These Terms &conditions and any documents expressly referred to in them constitute the entire agreement between you, us and the Seller and supersedes and extinguishes all previous discussions, correspondence, negotiations, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us acknowledges that neither party shall rely on or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms & Conditions and any documents expressly referred to in them.

23. Events outside our control

We and/ or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of our respective obligations under these Terms that is caused by events outside our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

24. Rights of Third Parties

A person who is not party to these Terms or a Contract (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Dotcomartisan or the Seller) shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. Nothing in this clause excludes the rights of Dotcomartisan when acting as commercial agent of any Seller.

25. Law and Jurisdiction

Contracts for the purchase of goods or services through our Site and any dispute arising from, or in connection to, such contracts will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

26. Feedback

General comments about the Site are welcome, please contact us at www.dotcomartisan.com/contact. Complaints about a specific Seller, goods or services must be directed to the Seller concerned through the contact details on the seller’s homepage on Dotcomartisan.