General Terms & Conditions Of Use

Please read these Terms of Use carefully before using the Web site operated by Affordable British Art. By accessing or using the Affordable British Art website, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the Affordable British Art website. See our Privacy Statement for our policy governing personal information.

Trademarks, Copyrights, and Restrictions

The Affordable British Art website is owned and operated by R. Callander for RMC ART. RMC ART and the Affordable British Art website (hereafter referred to as "Affordable British Art, "we," "us," or "our") operates from their Head Office at 14 West Park Crescent, Inverbervie, Montrose, Angus DD10 0TX. If you wish to contact us, you may in the first instance, e-mail us via the Contact Us page. Under normal circumstances, our emails are monitored several times per day, so someone should be able to reply to you within a reasonable time span - we aim to reply within 24 hours. If your enquiry is exceptionally urgent, you may telephone (during Office Hours) on 01561 362902 or 07986 582182. Please leave a message with your contact telephone number if there is no one available to take the call immediately, and we will call you back.
Office Hours are: Monday to Friday 0900 hrs – 1700hrs GMT.

The Affordable British Art website was created to be a portal for Artists selling their work online, commission free, and for shoppers looking to purchase a piece of original art, direct from the Artist. All content on the Affordable British Art website including and without limitation, names, logos, trademarks, service marks, images and illustrations, text and information, video or sound are protected by copyrights and other intellectual property rights owned and controlled by Affordable British Art. All rights reserved.

Artists retain copyright to their own work at all times, unless they have expressly granted, in writing (and often for a fee) permission to use one of their images.
All images and artists' written content shown on this site are copyright to the individual artists and may not be downloaded, copied or reproduced in any way without the express written permission of the artists concerned. The copyright of any and all such content and images will be protected by the artists with recourse to legal action if necessary.

The Affordable British Art website, its logo and content are copyright to RMC ART

No website content may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on the Affordable British Art website, except in areas designated for this purpose. Any unauthorised attempts to modify, to defeat or circumvent our security features, or to utilise the Affordable British Art website for other than the intended purposes are prohibited. Please report to us any material on the Affordable British Art website which you believe may infringe your copyright, or cause offence. Our Site also contains trade marks belonging to third parties, the copyright, trademarks and other rights to which are the property of their respective owners, who in turn reserve all of their rights in respect thereof. You may not use or reproduce any trademarks appearing on our Site for any purpose without the prior agreement of the relevant owner.

Purchasing Or Commissioning An Artwork

Please see our Information page on how to purchase an Artwork, which includes details of how to pay, returns & cancellation, and forms part of Affordable British Art’s General Terms & Conditions.

Submissions to Affordable British Art website

You may only use the Affordable British Art website and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through Affordable British Art website. You may not collect or store personal information regarding other users. You recognize that storing; distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to Affordable British Art website is unlawful or breeches copyright, you will bear the burden of establishing that it is lawful or that you own copyright and that you may, in the event of a dispute, be asked to delete said material until such times as ownership of copyright is proven. In the event of a dispute arising, Affordable British Art will have the final say in whether an item is either legal or acceptable and will have the ability to allow or disallow a particular piece of work to be displayed on the website.

You understand and agree that all Artworks which you publicly post (other than those by Affordable British Art) are the sole responsibility of the individual poster, not Affordable British Art, and that you are responsible for all content you upload, post or otherwise transmit to or through the Affordable British Art website.

Applicability of Website Materials

Unless otherwise specified, the website Materials are presented solely for the purpose of exhibiting and selling Artworks. You specifically agree to comply with all applicable laws, including and without limitation those concerning copyright ownership.

Any message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will imply rights to use by Affordable British Art and Affordable British Art shall be entitled to use such material for promotional use only, including in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through the Affordable British Art website any content, or act in any way, which in Affordable British Art's opinion:

  • May constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening.
  • May infringe any intellectual property or other right of any entity or person.
  • May violate any applicable law or advocates illegal activity.
  • Advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity, other than the purpose for which the Affordable British Art website has been designed, and that any such commercial activity lies strictly within the law and the Terms & Conditions of use of the website.
  • Disrupts the normal flow of dialogue or otherwise act in a way that affects the ability of other people to engage in real time activities via the Affordable British Art website.
  • Includes programs which may contain viruses, worms, Trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication.
  • Disobeys any policy or regulation established from time to time regarding use of the Affordable British Art website or any networks connected to the Affordable British Art website.
  • Contains links to other sites that contain the kind of content that falls within the descriptions set out in the points above.

We will cooperate with any legal authorities and comply with any court order requesting or directing us to disclose the identity of anyone posting content in violation of any applicable local laws. We reserve the right, at our sole discretion, to remove or disable access to any content posted on or to our site, including without limitation content posted by you to a Affordable British Art Artist’s Web Pages, message board or chat room if we believe that content violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe that you have violated any of the terms of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to Affordable British Art website. Under these circumstances, termination of contract will be effected by email and/or registered letter with no minimum period of notice.

DISCLAIMER OF WARRANTIES AND LIABILITY

You expressly agree that your use of the Affordable British Art website, the content and any products or services purchased on or through the Affordable British Art website is at your own risk.

British Art website is at your own risk. Affordable British Art does not warrant, or make any representation regarding the use of this website, nor do we warrant or make any representation in terms of accuracy, correctness, reliability or otherwise, of content herein. Although we provide guidance to our membership on registration, Affordable British Art makes no warranty that the content of this website or individual Artist’s web galleries will not infringe the rights of others and we assume no liability or responsibility for errors or omissions relating to such materials and or content of this website. Affordable British Art cannot warrant that this website will be available uninterrupted or error free at all times. We will, however, endeavour to correct errors as soon as we are made aware of them, within the time constraints placed upon us by our Web Hosting providers.

Affordable British Art, its agents, employees and any person involved in the creation, production and distribution of this website, shall not be liable for:

  • Any claims, liability, or direct/indirect, punitive, actual, incidental, consequential, special, exemplary or other damages resulting from your purchase of any product or services on the Affordable British Art website, or from any use of any content or systems.
  • Your use or inability to use or access the Affordable British Art website, however caused.
  • Defects, delays in operation, transmission failure, system downtime, or other failure or performance on the Affordable British Art website or the Internet.
  • If applicable law does not allow the exclusion of some or all of the above limitations or liability to apply to you, then the limitation will apply to you only to the extent permitted by applicable law. If any provision of these terms and conditions shall be unlawful, invalid or unenforceable, then the remainder of the agreement shall remain valid and enforceable.
  • Any advice, recommendation, representation or other information given by us concerning the products, which is not confirmed in writing is given on an informal basis and shall not form part of the relationship between us.
  • Affordable British Art may remove or modify any content or functionality at any time, without notice or liability, at its sole discretion. Any use of the Affordable British Art website will be at your own risk and will be subject to the disclaimers and limitations set out above.

Linked Sites

For your convenience, we have provided links to related sites (hereafter known as “linked sites"). Although it is our policy to look at and approve websites at the time of adding the initial link, we do not routinely monitor changes to the content of linked websites on an ongoing basis. Therefore we cannot endorse linked sites or their content in any way. We are not responsible for any content of linked sites or any off-site pages linked to the Affordable British Art website. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free from viruses, worms, Trojan horses, and other items of a destructive nature. Visitors to any linked sites are urged and expected to abide by the Terms of Use and Privacy Policies of those particular linked sites.

Indemnification

You will indemnify and hold harmless Affordable British Art, it’s officers and directors from and against any and all claims, losses and damages (including reasonable legal fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including and without limitation from your placement or transmission of any content onto Affordable British Art’s hosting servers, and/or from any and all use of any Affordable British Art website.

Data Protection

In line with current Data protection legislation, any information you provide to Affordable British Art will be treated in the strictest confidence with respect to Privacy. Please see our Privacy Policy for more details.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Scotland. All parties agree to submit to the exclusive jurisdiction of the Scottish Courts. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provisions. These General Terms & Conditions of Use set forth the entire agreement regarding all of the matters discussed herein. Affordable British Art reserves the right to change these Terms and Conditions at any time, and those that are available on the Site at the time you are using it, will be those that apply. We therefore recommend that you check from time to time for any changes/updates.

We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on 1st December 2006.

© 2017 Affordable British Art. All rights reserved. E & OE.