Legal Policy
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ORDERS & CONTRACT
The Supplier shall have the right to decline to accept any Orders placed for Products.
The Customer shall be responsible for the accuracy of an Order and for giving the Supplier any information necessary for the Supplier to fulfil the Order.
Upon placing an Order, the Customer has offered to purchase Products from the Supplier. No act performed by the Supplier will constitute formation of a contract until an item is dispatched to the Customer.
The Supplier will, however, confirm the placement of an Order by sending the Customer an email to the designated email address given by the Customer upon placement of the Order.
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DELIVERY
The Supplier will use reasonable commercial endeavours to deliver the Products by any time or date agreed with the Customer and in the quantities required by the Customer, but time and delivery shall not be of the essence of any Contract for the supply of the Products and in the event of the Supplier’s failure to meet such date for any reason, the Supplier shall not be liable for any loss or damage suffered by the Customer as a result, nor shall this constitute a breach or repudiation of these Conditions.
The Supplier shall not be required to fulfil Orders for Products in the sequence that they are placed.
The Supplier will make all reasonable attempts to deliver the Products to the Customer’s address on the delivery date. The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
If the Customer refuses to take delivery of any Products, then the Supplier shall be entitled to withhold delivery of any other Products and to treat this Contract as repudiated by the Customer.
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PRICE
The Price of Products and the cost of delivery of those Products shall be those ruling at the date the Products are purchased as set out on the Web Site.
Time for payment shall be of the essence and shall be made via the Web Site at the time of placing the Order.
No Orders will be dispatched until payment of the Price and any other charges is made in full to the Supplier.
Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding.
VAT is payable in addition to the Price by the Customer at the rate prevailing on the date of the invoice. The amount of relevant VAT shall be set out on the Web Site at the time at which the Order is confirmed.
Should the Customer fail to make any payment in full to the Supplier due to the Supplier under this agreement, interest may be charged on the outstanding amount. Such interest shall accrue on a daily basis from time to time starting at the Due Date until the date of payment, whether before or after judgment or other Court order.
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CREDIT
This agreement has been duly summarized between ©Mr Daniel M. Fisher of ®All Seasons Art Studio: 39 Brent Field Circle, Ellon, Aberdeenshire, Scotland. AB41 9DA United Kingdom (dan@allseasonsartstudio.org) otherwise known as the “Creditor”.
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The “Guarantor:”
(“PayPal UK Ltd”)
5 Fleet Place,
London,
England.
EC4M 7RD
United Kingdom
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https://www.paypal.com/uk/cshelp/article/questions-about-pay-in-3-applications-HELP464
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and (“The Customer”) of ®All Seasons Art Studio otherwise known as the “Debtor”.
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WHEREAS
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The Creditor agrees to supply goods from time to time on credit to the Debtor.
The Guarantor agrees to guarantee the due payment on demand of all monies at any time due and owing to the Creditor by the Debtor (“the Guaranteed Liabilities”).
SIGNED by Daniel Fisher® of ®All Seasons Art Studio at 39 Brent Field Circle, Ellon, Aberdeenshire, Scotland. AB41 9DA United Kingdom. (dan@allseasonsartstudio.org)
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IT IS AGREED
In consideration of the Creditor agreeing to allow credit to supply goods from time to time to the Debtor, the Guarantor guarantees as a continuing guarantee, the prompt payment on demand of the Guaranteed Liabilities.
The Guarantor agrees to pay the Creditor on the basis together with all legal and other costs and expenses (on a full indemnity basis) arising out of or in connection with this guarantee.
The Guarantor’s liability will be a primary liability and is additional to and independent of any other security or guarantee held by the Creditor and the Creditor will not be required before claiming payment from the Guarantor to seek to enforce any other right or security or to avail itself of any legal remedies which it may have against the Debtor or any other person.
The Guarantor agrees to accept that liability shall not be affected by any extension of time or other forbearance granted to the Debtor or the release or modification of any security or the release of any guarantor whether or not notice shall be given to the Guarantor or by the neglect or failure of the Creditor to take any action with respect to any security, right, obligation, endorsement or guarantee which it may at any time hold or by any change by the borrower in the former manner of doing business whether by incorporation, merger partnership formation or otherwise.
The Guarantor undertakes that in the event of the Debtor becoming bankrupt or entering into liquidation, either compulsorily or voluntarily, and the trustee in such bankruptcy or liquidator disclaiming this Agreement, or in the event of the Debtor being dissolved or ceasing to exist or in the event of failure for any reason of the Debtor being in breach of such agreements, stipulations and conditions contained herein, that it shall not affect or determine the liability of the Guarantor.
The Guarantor acknowledges that this guarantee shall not be revoked by his death or any forbearance from the Creditor nor his heirs, successors, or assigns.
Any notice or demand will be deemed to be served if given personally or left at or sent by registered post or recorded delivery to the party on whom it is intended to be served at its registered office or at its last known address and shall be deemed to have been served 48 hours after the date of posting.
United Kingdom laws shall apply to this guarantee.
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SPECIFICATION
Details and/or specifications on the Web Site, in brochures, and price lists produced by the Supplier are intended as a guide only and give a general approximation of the Products.
The Customer confirms and agrees that it has not relied upon the details and information contained in the Supplier’s brochure, or the Web Site or in price lists unless it has sought and obtained written confirmation from the Supplier of their accuracy on the Web Site or in the price lists.
The Supplier reserves the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products.
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DELIVERY & OWNERSHIP
Unless previously agreed in writing, any dates quoted for delivery of the Products are approximate only. The Supplier shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence unless previously agreed in writing by the Supplier. On giving reasonable notice to the Customer, the Products may be delivered to the Customer in advance of the quoted delivery date.
If the Supplier is to deliver the Goods [to an address in the United Kingdom], Supplier’s charges for transport, packaging and insurance (including VAT on such charges) will be paid for by the Customer as set out on the Web Site [Responsibility for charges for deliveries to addresses outside the United Kingdom may vary and will be subject to agreement between the parties at the time the Customer places an Order.]
Only when the Supplier has received payment in full will title to the Goods pass to the Customer. All risk of loss or damage to the Goods shall pass to the Customer on delivery.
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RETURNS & CANCELLATION
The Supplier will replace free of charge any Products in which risk has passed to the Customer if they are damaged or lost due to the neglect or default of the Supplier, its employees or other representative.
In any event the Customer is entitled to a statutory period in which to return the Products even if they are not defective. The right to cancel any Order arises seven days after the Products are received by the Customer.
The Customer must inform the Supplier by email to [dan@allseasonsartstudio.org] giving the Order number.
The Customer will be responsible for the cost of returning the goods to the Supplier.
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LIABILITY
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Other than for repairs and refurbishments carried out by the Supplier, the Supplier warrants that the Products will be free from defects in materials and/or workmanship for a period of twelve months from delivery of Products to the Customer.
If any Products prove to be defective and are covered by the warranty in clause 8.1 above, then the Supplier shall at its sole option either repair or replace or re-perform such Products.
Any work carried out by the Supplier which is not covered by the warranty will be charged for.
The Customer agrees that the repair and/or replacement shall be the Customers sole remedy in respect of claims under the warranty.
The Supplier agrees that it will repair or replace defective Products within a reasonable time of being notified by the Customer of the defect.
The warranty in clause 8.1 above will not apply if the Customer has not paid in full for the relevant Products on the due date for payment.
If the Customer notifies a defect in the Products to the Supplier then:-
The Supplier reserves the right to inspect the Products; and/or
To require the Customer to return the defective Products to the Supplier for inspection at the Customer’s cost and if the Products shall prove to be defective then the Supplier shall reimburse the Customer for the cost of returning the defective Products.
The Supplier shall have no liability to the Customer if the Price for the Products has not been paid in full by the due date for payment.
The Supplier shall have no liability to the Customer for defective Products, Products not dispatched or Products damaged or lost in transit unless the event is notified to the Supplier within the appropriate time limit set out in this Contract.
The Supplier shall have no liability for damage, loss, liability, claims, costs or expenses caused or contributed to by the continued use of defective Products after a defect has become apparent or suspected or should reasonably have become apparent to the user.
The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no liability to the Customer.
The Supplier shall have no liability to the Customer for any consequential, financial, economic, or other loss (including loss of profits and/or damage to goodwill).
The Customer shall be under a duty to mitigate any loss, damage, costs or expenses that it may suffer.
The Supplier’s liability to the Customer shall not exceed the Price.
Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply separately for each of:
liability for breach of Contract;
liability in tort (including negligence); and
breach of statutory duty; except this clause which shall apply once only in respect of all the said types of liability.
Nothing in this Contract shall exclude or limit the liability of the Supplier for death or personal injury due to negligence or any liability which is due to fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
The limitations in this Contract are necessary in order to allow the Supplier to provide the Products at its current Prices.
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CUSTOMER WARRANTY
The Customer warrants that any person acting on behalf of the Customer to place an Order is duly authorized by the Customer to do so.
The Customer warrants that it has the right to place any Order with the Supplier and that there is no encumbrance which will prevent the Supplier from performing any Contract and/or fulfilling any Order.
Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.
If the Customer requires greater protection, then the Supplier will agree to modify the limitations and extend its guarantees in return for the payment of a higher Price for the Products.
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GENERAL
No variation to these Terms shall be binding unless agreed in writing between the authorized representatives of the Supplier and the Customer. The Supplier’s employees or agents are not authorized to make any representations concerning the Products unless confirmed by the Supplier in writing. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Supplier shall be subject to correction by the Supplier without any liability on the part of the Supplier.
Time is not of the essence in relation to the performance of the obligations of the Supplier under these Terms. Notices between the Customer and the Supplier relating to these Terms shall be in writing. Notices shall either be delivered personally or sent by first class post or fax to their registered office. Notices if delivered by hand shall be treated as received when delivered, if sent by first class post 48 hours after posting, if sent by air-mail post 72 hours after posting and if sent by fax when sent.
These Terms are the entire agreement between the Customer and the Supplier and replace all previous agreements between them relating to the same subject matter.
Neither the Customer nor the Supplier shall be liable if it breaches these Terms as a result of circumstances which are beyond its reasonable control, provided that as soon as is reasonably practicable it gives notice to the other party.
Nothing in this agreement creates a partnership or employment relationship between the Customer and the Supplier or makes one party the agent of the other.
These Terms or any rights or obligations under them may not be assigned by either party without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).
Nothing in these Terms is intended to create any right for any third party to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Customer and Supplier shall attempt to substitute for any invalid, illegal or unenforceable provision a valid, legal and enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid, illegal or unenforceable provision.
The laws of the United Kingdom shall govern these Terms with the Customer and the Supplier agreeing to submit to the exclusive jurisdiction of the United Kingdom courts.
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PRIVACY POLICY DISCLOSURE
®All Seasons Art Studio uses a range of WIX, Microsoft, and Google built services that help millions of people daily to explore and interact with the world in new ways, which include services such as apps, sites and devices, search, or platforms such as the Chrome or Bing browser and the Android operating system. This includes products that are integrated into third-party apps and sites, like ads, analytics and embedded maps.
When you share your information over these services you have control over how and what you share. For example, you can share videos on social media publicly or you can decide to keep your content private. Remember, when you share information publicly, your content may become accessible through search engines like Google Search. Or when you’re signed into and interact with some services, like leaving comments on a video or reviewing an app in Play, your name and photo appear next to your activity.
To measure performance, big tech uses this data for analytics and measurement to understand how services are used for example, to analyse data about your visits to our sites and do things like optimize product design. Google also uses data about the ads which you interact with including your related Google Search activity, for example to help advertisers understand the performance of their ad campaigns, using a variety of tools to do this, including Analytics. When you visit sites or use apps that use Analytics, the customer may choose to enable the service to link information about your activity from that site or app with activity from other sites or apps that use ad services.
The information that is collected includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including operator name and phone number and application version number. But also collect information about the interaction of your apps, browsers and devices with services, including IP address, crash reports, system activity, and the date, time and referrer URL of your request.
Big Tech collect this information about your activity in their services which are used to do things like recommend a video that you might like, some of the information that is collected may include:
Terms that you search for,
Videos that you watch,
Views and interactions with content and ads,
Your Internet Protocol (IP) address,
WIX, Microsoft, & Google, all use various technologies to collect and store this information, including cookies, pixel tags, local storage, such as browser web storage or application data caches, databases and server logs.
Communicating with you using the information that is collected such as your email address, to interact with you directly. For example, they may send you a notification if they detect suspicious activity, such as an attempt to sign in to your Google Account from an unusual location. Or may let you know about upcoming changes or improvements to their services. And if you make contact they keep a record of your request in order to help solve any issues you might be facing. In processing personal information and other trusted sources of data, WIX, Microsoft, & Google will all enact instructions in compliance with their privacy policies, including any other appropriate confidentiality and security measures. For example, using service providers to help operate data centres in delivering products and services, improve internal business processes, and offer additional support to customers and users. They also use service providers to help review content for public safety, and analyse and listen to samples of saved user audio to help improve audio recognition technologies.
For legal reasons big tech companies will share personal information only if they have a good-faith belief that disclosure of the information is reasonably necessary. By responding to any applicable law, regulation, legal process, governmental request, and any applicable Terms of Service, including investigation of potential violations, to detect, prevent or otherwise address fraud, security or technical issues, and protect against harm to the rights, property or safety of the company - their users or the public.
WIX, Microsoft, & Google may share non-personally identifiable information publicly with partners – such as publishers, advertisers, developers or rights holders. For example, they may share information publicly to show trends about the general use of their services. And also allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookies or similar technologies.
This Privacy Policy does not apply to services that have separate privacy policies that do not incorporate this Privacy Policy and doesn’t apply to: The information practices of other companies and organisations that advertise their services, or services offered by other companies or individuals, including products or sites offering WIX, Microsoft, or Google services to which the policy applies, including products or sites displayed to you in search results, or linked from other services.
Furthermore, if WIX, Microsoft, or Google is involved in a merger, acquisition or sale of assets, they continue to ensure the confidentiality of your personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
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DATA PROTECTION & PRIVACY POLICY
Daniel Fisher of ®All Seasons Art Studio will be what is known as the “Controller” of the personal data you provide. I only collect (personal data) about you i.e. name, address, e-mail, and telephone number, which does not include any (Special Category Data).
I need your basic personal data in order to provide goods and services to you, provide you with marketing, tell you about my products and services, etc. And will not collect any personal data from you that you do not need to provide to oversee this service to you. I only ever use your personal data with your consent, or where it is necessary, and in any event, I will only use your information for the purpose it was collected. I process personal information for certain legitimate business purposes, which include:
to comply with a legal duty,
to protect your vital interests,
to identify and prevent fraud,
to enhance the security of the network and information systems,
to better understand how people interact with my website,
to provide postal communications which I think will be of interest to you,
to determine the effectiveness of promotional campaigns and advertising,
to inform you of future offers and related products,
for lawful interests,
I store data for as long as it is required for the purposes for which it was collected. How long information will be stored depends on the information in question and for what it is being used for. I continually review what information I hold and delete what is no longer required. I never store payment card information and will not retain your data for any longer than is necessary, and the longest time that I will hold your data will be six years. When I process your personal data, I make sure that I consider your rights under data protection laws, and my legitimate business interests do not automatically override your interests - and will not use your personal data for activities where my personal interests override the impact on you.
To the extent that the Supplier keeps and holds any personal information about the Customer it will be held by the Supplier for the purposes of processing and completing Orders and to provide the Customer with information about offers being made by the Supplier.
The Supplier will not divulge Customer information to any third party except where it is necessary for the purposes of processing and fulfilling Orders, or as is required by law.
If the Customer does not wish to be informed of any offers being made by the Supplier please email [dan@allseasonsartstudio.org]
The Supplier does use cookies in order to assist in the processing of Orders via the Web Site, for further information please refer to Pinsent Masons [www.aboutcookies.org] and the guides at [www.allaboutcookies.org].
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LEGAL RIGHTS
The right to confirmation as to whether we have your personal data and, if we do, to obtain a copy of the personal information I hold (this is known as a data subject access request),
The right to have your data erased (though this will not apply where it is necessary for us to continue to use the data for a lawful reason),
The right to have inaccurate data rectified,
The right to object to your data being used for marketing or profiling; and,
Where technically feasible, you have the right to personal data you have provided to me which I process automatically based on your consent or the performance of a contract. This information will be provided in a common electronic format,
There are exceptions to the rights above, but I will always try to respond to your satisfaction. There may, however, be situations where I am unable to do so and if you’re not satisfied with my response, or believe I am not processing your personal data in accordance with the law, you can complain to the Information Commissioner’s Office, based here in the UK.
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
England.
SK9 5AF
United Kingdom
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INTELLECTUAL PROPERTY
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All intellectual property rights relating to the Web Site are and shall remain the property of the Supplier.
I hereby state that ©Mr Daniel M. Fisher (the "Owner") owns all intellectual property rights in the designs supplied by or on behalf of ®All Seasons Art Studio. As listed on the schedule attached hereto including any documents or other materials relating to such designs. Any future designs supplied by the Owner from time to time (the "Products") and that are bound by the terms of this Agreement.
The public acknowledge that all copyright, design rights (including both registered and unregistered if applicable), trademarks, patents, know how, confidential information, trade secrets including but not limited to concepts and themes and other intellectual property rights (collectively without limitation the “Intellectual Property") in or relating to the Products vests in and remains with the Owner.
The public acknowledge that by virtue of the Owner's exclusive ownership of the Intellectual Property we may not now or at any time in the future use or exploit, or authorise or procure another to use or exploit, the Intellectual Property without the Owner's prior written permission and in particular (but without prejudice to the generality of the foregoing) we will not use the Intellectual Property in relation to any other project, competing or otherwise.
The provisions of this Agreement shall extend to any details regarding the Products, or the Intellectual Property supplied by the Owner in the course of any correspondence or discussions occurring as a consequence of this Agreement, and all the provisions of this Agreement or otherwise, shall take effect and be interpreted accordingly.
In the event that we become aware of or suspect any infringement of the Intellectual Property, we will forthwith notify the Owner and take all reasonable action and co-operate with the Owner in taking any action to limit and remedy any such breach.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom including in respect of any non-contractual obligations.
All claims, disputes, or other matters in question between the parties related to or arising out of this Agreement, including in relation to any non-contractual obligations, shall be subject to the non-exclusive jurisdiction of the UK Courts.
The Supplier grants to the Customer a non-exclusive non-transferable licence to use the Web Site for the purpose of browsing for Products and/or purchasing products The Customer agrees that it will not itself, or through a third party:
Copy the web site, except as is necessary for use of the web site as set out in these terms and Conditions.
Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Web Site except as permitted by law;
Write or develop any derivative or other software programs based, in whole or in part upon the Web Site.
The Customer may link to this website if the Customer or any third party wishes without our permission but must link to the homepage and not deep link into the site. The Customer or third party may also use any information contained in this Website as long as the Supplier’s ownership is acknowledged.
However, if the Customer does link to the Web Site the person so linking ownership agrees that they will indemnify the Supplier in full if any action is taken against the Supplier by any party, or even by the person linking, by virtue of the link created. If a link is created to this Web Site, any use is subject to these Conditions.
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COMPLAINTS
If the Customer has any query or wishes to serve any notice pursuant to these Conditions or make any complaint, then communication should be made to ©Mr Daniel M. Fisher [dan@allseasonsartstudio.org]
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GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with UK laws including in respect of any non-contractual obligations. All claims, disputes or other matters in question between the parties related to or arising out of this Agreement, including in relation to any non-contractual obligations, shall be subject to the non-exclusive jurisdiction of the United Kingdom Courts.