Terms and condition
- DEFINITIONS
The following definitions apply to these Terms and Conditions:
“Order” means an online transaction made by you via the Platform for one or more Products, to which these Terms and Conditions apply.
“Personal Information” means the details you provide to us when you use the Platform, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
“Platform” means any digital way of accessing the TTA store and includes the website located at www.turkishtraditionalarts.co.uk, or any subsequent URL which may replace it.
“Product” means a Product displayed for sale on the Platform.
“Product Description” means the section displayed on the Platform where certain Terms and Conditions in respect of the individual Product are provided, which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
“Terms and Conditions” means these Terms and Conditions.
“We“, “us” or “TTA” means Elm Art Investments Ltd, the owner of the Platform. Please note, that when arranging delivery of your Order, TTA may instruct a third-party courier or postal carrier to deliver it to you. However, TTA will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to “we“, “us“, or “TTA“, will be taken to include such third parties.
“UK” means, for the purposes of these Terms and Conditions, England, Wales, Scotland, and Northern Ireland.
“Users” means the Users of the Platform collectively.
“You” means a User of the Platform.
- Use of the Platform
2.1. By using our Platform, you agree to be bound by the Terms and Conditions.
2.2. The Platform provided is solely for your personal use and should not be used for any commercial purposes. To place an Order on the Platform you must be at least sixteen (16) years old, however we reserve the right to only accept an Order from those over eighteen (18) years old. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the Platform (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Platform and you agree to use the Platform on this basis. If you do not agree to any changes in these Terms and Conditions, we advise you to stop using the Platform.
2.3. All text, graphics, photographs including all image rights, videos, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces, and computer code (the “Content”) belongs to TTA (or is licensed to TTA). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without TTA’ prior written permission.
2.4. You agree that any information you submit to the Platform including Personal Information shall be true, accurate, current, and complete. If you submit to the Platform any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become TTA’ property. You agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive, or obscene nor constitute an invasion of privacy. You agree that you are and shall be personally responsible for your use of the Platform. If we determine that you are, or have been, engaged in activities which are unlawful, abusive, obscene or constitute an invasion of privacy, we may deny you access to the Platform at any time.
2.5. You must not establish any link to the Platform to suggest any form of association, approval, or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Platform must not be framed on any other site, and you may not create a link to any part of the Platform other than the home page.
2.6. While we endeavour to verify the accuracy of any information we place on the Platform, we make no warranties (whether express or implied) in relation to its accuracy. The Platform are provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Platform, or any transaction that may be conducted on or through the Platform, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
2.7. We make no warranty that the Platform will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Platform. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Platform.
2.8. The Platform may contain links to other websites or applications which are not operated by TTA or information on services provided by third parties. When you activate or utilise any of these you will leave the Platform and we have no control over and will not accept any responsibility or liability in respect of the material on any website or application or any service provided by a third party which is not under our control.
- PRODUCTS, PRICES, AND PAYMENTS
3.1. We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen, or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise. Please refer to the Returns section if you are unhappy with your Order.
3.2. Products are subject to availability and Products that are in your basket are not reserved and can be purchased by other Users. We will do our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock after we have accepted your Order, then TTA shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out-of-stock Product.
3.3. Please be guided that sale of any Product, either via the Platform or in person, does not include sale or assignment of any intellectual property rights and/or copyrights attached to the Product. TTA and the respective artist/owner of the Product shall retain all intellectual property rights and copyrights (including all of the financial and moral rights) regarding the Product. Nothing in these Terms and Conditions restrict TTA and/or the relevant artist/owner’s rights of reproduction, representation, distribution, adaptation, communication to public of the Product.
3.4. Although we try to ensure all our Products’ prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product we shall be under no obligation to accept or fulfil an order for this Product at the incorrect price and reserve the right to cancel such an order that has been accepted or is in transit.
3.5. You can currently pay in British Pounds, or such other currency as we may accept from time to time.
3.6. We accept payment for Orders by major credit cards, and PayPal.
3.7. If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
3.8. By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
3.9. Some of the payment providers we work with may offer you an alternative payment service, such as payment by instalments. In relation to any such payment service, the terms and conditions governing such service are between you and the payment provider. TTA shall not be held legally responsible for any such service provided by the payment provider. Please contact the payment provider directly should you have any queries on their service.
- DELIVERY
4.1. You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery.
4.2. Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), TTA shall not be held liable for any items which are lost, damaged, or delayed.
4.3. We will make every effort to deliver your Order within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel, or transportation disruption, import delays or higher-than-anticipated demand. TTA shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays. Please note that delivery of your Order may take longer during sale or other busy periods.
- DISPATCH
5.1. We will use our best endeavours to dispatch your Order within 7-10 days.
5.2. You will receive an automated confirmation email once your payment has been received and your Order has been successful. If you have not received your confirmation email, you may contact us by email to info@traditionalturkisharts.co.uk or by using the contact form at https://www.traditionalturkisharts.co.uk/contact.
5.3. You will receive a separate email from either us or our delivery partner regarding the tracking details of your Order. With our delivery partner, you can follow your parcel on a map, including the driver’s progress, minute by minute.
5.4. Please note that if you Order involves more than one Product, the Products may be dispatched separately and arrive at different times.
5.5. Please be guided that the Dispatch Times could be delayed to our Platform’s ongoing events, exhibitions, and similar organisations. In that case, your Order will be dispatched within 5 business days from the end of the respective event, exhibition or organisation.
5.6. The estimate delivery charges for your Order will be as follows:
5.7. Please note we are unable to ship orders to outside of the UK at this time.
- CANCELLATION
6.1. Please note that the one-off original Artworks for sale on our Platform are made-to-order, unique, and bespoke Products. Therefore, under the Consumer Contracts Regulations, you will not have a right to cancel your Order relating to those one-off original Artworks. However, if you change your mind and cancel your Order prior to dispatch, your Order will not be dispatched, and you will not be charged for your Order.
6.2. Should you choose to purchase a Product from us in person during an event, exhibition, or organisation, you will be asked to sign a sale contract similar to these Terms and Conditions and you will be deemed to have examined the Product entirely before you take the delivery of the Product. In this case, you will not have a right to cancel your purchase of the Product, or to return the Product or to request a refund.
6.3. As for the remaining Products, excluding the one-off original Artworks, you have a statutory right to cancel your contract of sale at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product in your Order. You need to return the item within twenty-eight (28) days after the day on which you receive or collect your Order in order to receive a refund. For information on refunds please see the Returns section.
6.4. If, for any reason, you wish to cancel your contract before your Order has been dispatched, then you need to let us know. You can do so by sending an email to info@traditionalturkisharts.co.uk or by using the contact form at https://www.traditionalturkisharts.co.uk/contact. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see the Returns section.
6.5. It may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know and return the Product within twenty-eight (28) days from the day after you receive or collect your Order. We may withhold any reimbursement until we have received the Order back or you have supplied evidence of having sent the Order back, whatever is the earliest. You can notify us by using any one of the options identified in clause 3.3 above.
6.6. When you wish to cancel your Order, you must provide us with your full name, address, telephone number, email address, your order number and other details that we need to know in order to process your request.
- RETURNS
7.1. Please note that this section only applies to the orders of the Products which are eligible for cancellation under the Cancellation section above. For the orders of the Products which are not eligible for cancellation, you have no right to cancel or return.
7.2. Products must be returned in a saleable condition within twenty-eight (28) days of receiving your Order. Products must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact when they are returned to us. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken, or tampered with.
7.3. Should you choose to return your Order through any process (including a carrier or postal service), any cost associated with that, as well as the risk, loss or damage to your Order shall be borne by you.
- REFUNDS
8.1. Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.
8.2. Refunds will be issued back to you as follows:
- a)If you paid for your Order using a credit or debit card then your refund will be made back to the same card. This will appear in your account within five (5) days depending on your card issuer.
- b)If you paid for your Order using your PayPal account, your refund will be made back to your PayPal account (this may take up to 10 days).
- LIABILITY AND INDEMNITY
9.1. If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, TTA has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
9.2. You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
9.3. Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
- a)contact us for a full refund within thirty (30) days of delivery; or
- b)contact us for a repair or replacement
provided that the Product is eligible for cancellation, return and refund under these Terms and Conditions.
9.4. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Platform, a Product, or the conduct of other Users of the Platform, even if TTA has been advised of the possibility of such damages.
9.5. You agree to fully indemnify, defend and hold harmless TTA, our agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Platform, or the use by any other person accessing the Platform using your TTA Account and/or your Personal Information.
9.6. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
- GENERAL
10.1. We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
10.2. We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
10.3. If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
10.4. The Platform may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Platform and any transactions conducted on or through the Platform. These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.
10.5. The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms Conditions such that no third party may claim any rights under these Terms and Conditions.
10.6. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platform, 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 the Platform. 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.
10.7. These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and TTA. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of TTA. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
10.8. These Terms and Conditions were last updated on 26 November 2022.
- Comments and Complaints Procedure
Please contact us if you have any comments or complaints by sending an email to info@traditionalturkisharts.co.uk or by using the contact form at https://www.traditionalturkisharts.co.uk/contact. We will always endeavour to resolve any dispute as swiftly as possible.
- Our details
Elm Art Investments Ltd is registered in England with company number 13678182 97117 and its registered office is Flat 13 St Clements Mansions, Lillie Road, London, England, SW6 7PG.
