Terms and Conditions for the Raw Umber Subscription
SUBSCRIPTION TERMS AND CONDITIONS
This page tells you the terms and conditions on which we will supply to you the products (Products) listed on our website rawumberstudios.com (our site) via one of our subscription services (Services). Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Services, you agree to be bound by these terms and conditions.
1. YOUR STATUS
By placing an order through our site, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old;
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
2.2 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation.
2.3 Account Cancellations. You may cancel your subscription at any point via the 'my account' section on our web site.
3. CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
4. PRICE AND PAYMENT
4.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
4.2 Product prices include VAT.
4.3 We may increase the price of the subscription at any point. If we do so, we will notify you 14 days beforehand. As noted above, you may cancel your subscription at any point.
5. OUR LIABILITY
5.1 Subject to clause 5.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
5.2 Nothing in this agreement excludes or limits our liability for:
5.2.1 Death or personal injury caused by our negligence;
5.2.2 Fraud or fraudulent misrepresentation;
5.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
5.2.4 Defective products under the Consumer Protection Act 1987; or
5.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7. NOTICES
All notices given by you to us must be given to us at [email protected].
8. TRANSFER OF RIGHTS AND OBLIGATIONS
8.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
8.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
9.2 You may use the photographs in our model packs for drawing, painting and sculpting from. You may share or sell your work. You may not, however, distribute the original images or use them for any other purposes. Furthermore, the disclosure of such photographs without the consent of the owner was made a criminal offence under Section 33 of The Criminal Justice And Courts Act 2015. The copyright of the photographs remains with the photographer.
10. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority 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.
11. ENTIRE AGREEMENT
11.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
11.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
11.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
11.4 Nothing in this clause limits or excludes any liability for fraud.
12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
12.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
12.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
13. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
