1. DEFINITIONS

Visual Artists is part of Kuka Studios Ltd, a Limited Company registered in Scotland SC352558. The registered office is 201 Mosspark Drive, Glasgow, G52 1LH.

1.1 “Buyer” means the individual or organisation that buys or agrees to buy goods from the Seller for the purpose of their business, trade or profession and not for private use or consumption.
1.2 “Contract “ means a the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.3 “Goods means the articles the Buyer agrees to buy from the Seller
1.4 “Seller” means Visual Artists
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. CONDITIONS

2.1 Nothing in these terms and conditions shall affect the Buyers statutory rights.
2.2 These terms and conditions shall apply to all contracts for sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the buyer.
2.3 Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyers acceptance of these terms and conditions.
2.4 Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.

3. ORDERING

3.1 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The Seller may choose not to accept an order for any reason.
3.2 Where goods ordered by the buyer are not available from stock substitute products will given if these have been requested by the buyer at the time of ordering.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in “The Order Process Section”

4. PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price is inclusive of VAT but exclusive of Postage and Packaging.

4.2 The total purchase price, including VAT and delivery charges if any will be displayed in the Buyer's shopping cart.

4.3 The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered (or substitutes) can not be supplied and/or a different postage tariff has to be applied

4.4 Payment for goods must be received before dispatch.

4.5 The Seller accepts payment for orders by Credit/Debit Card and Cheque. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
4.6 In respect of Buyers paying by cheques, personal cheques must be accompanied with a valid cheque card guarantee number, written on reverse side of cheque.
4.7 All payments are to be made by the buyer in Pounds Sterling.
4.8 Credit card information for the purpose of making a payment can be given to the Seller via phone, fax or through the Sellers secure website which encrypts the information given.

5. RIGHTS OF SELLER

5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at anytime.
5.3 The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.

6. DELIVERY

6.1 Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order
6.2 The Seller reserves the right to alter delivery times without notice.
6.3 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time.
6.4 Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of Goods whenever they are tendered for delivery.
6.5 In the event of goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer.
6.6 The title and risk in the goods shall pass to the Buyer upon delivery and the Seller will not be liable for their loss or destruction from this point on.

7. CANCELLATION AND RETURN POLICY

7.1 The Buyer must inform the Seller by phone or email within 24hrs if they wish to cancel their order. The Seller reserves the right to charge the Buyer a 20% restocking fee if their order is cancelled after the time limit. Orders cannot be cancelled once they have been despatched.
7.2 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by phone, fax or email within 14 days of delivery if goods are defective or damaged or of an incorrect quantity. The Seller shall have no liability to make right the same if notification is not received within the specified time period.
7.3 For more information see 'Returns Policy' page

8. Where a claim of defect or damage is made the goods shall be returned by the Buyer to the Seller.
9. The Seller is not liable for any goods that have been damaged due to misuse or are returned without their original packing.
10. In the event of the Buyer, indicting on ordering their acceptance of substitute products as alternatives for out of stock items, and subsequently finding them unsuitable the Buyer shall return them to the Seller for a full Credit. Cost of Return Postage will however be the responsibility of the Buyer and no refund of the same will be given by the Seller.
11. Other than for the aforementioned reasons the Seller will not accept returns from the Buyer.

8. LIABILTY

8.1 If goods are not received by the Buyer within 18 days of the date on which they were ordered, the Seller has no liability unless they are notified by phone, fax or email within 21 days of the date on which the goods were ordered
8.2 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage
8.3 Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit the liability of the Seller for death or personal injury resulting from their negligence.


9. WAIVER

9.1 No Waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

10. FORCE MAJEURE

10.1 The seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

11. SEVERENCE

11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provisions eliminated.

12. CHANGES TO TERMS AND CONDITIONS

12.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right should not affect existing Terms and Conditions accepted by the Buyer upon making a purchase.

13. GOVERNING LAW AND JURISDICTION

13.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts