These terms and conditions (“Terms and Conditions”) apply to the purchasing of products from Arthur Owen-Smith (Uncharted) ‘Uncharted' and use of the Uncharted Website (“the Website”) (such Website use is subject to the prior approval of Arthur Owen-Smith which shall not to be unreasonably withheld or delayed). Any products purchased and the Website constitute the Site (“the Site”).

1. Puchases and Prices
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1.1 Your Purchase request will then be sent to Uncharted by e-mail, when made through the Website shop which is hosted by WIX - See the WIX.com Terms and Conditions for more.

1.2 Prices are subject to change. Prices may rise or can be subject to sale events and promotions. Prices for each of the products are clearly stated.
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2.  Shipping
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2.1 Upon the acceptance of an order confirmation and payment being made the items purchased will be sent out. No purchase is confirmed until funds have cleared into the bank account of Sixteen Gallery. Purchased made are fully refundable if returned up to 30 days after the purchase has been made, after which it is non-refundable. You will receive a confirmation of purchase once your payment has been accepted and another once the items have been dispatched.

 

2.2 Arthur Owen-Smith and Uncharted accept no responsibility for items damaged during shipping and reserve the right to not issue refunds if the condition of items received are unsatisfactory.(see 11.1)

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3.  Disclaimer – Changes to these Terms
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3.1 We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to the Site. Your use of the premises and continued use of the Site constitutes your agreement to all such Terms.
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3.2 We make no warranty or representation that the products and/or Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the products purchased.
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3.3 No part of the Site is intended to constitute advice and no text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site should be relied upon when making any decisions or taking any action of any kind.
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3.4 The Site is provided “as is” and on an “as available” basis.  We give no warranty that the Site will be free of defects and/or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
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3.5 We accept no liability for any disruption or non-availability of the Products purchased or Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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4. Information Provided
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4.1 All information on the Site or information about the items sold is provided on an “as is” basis. Save to the extent required by law, no representations, warranties, or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Website or the content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
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4.2 The information provided to the buyer and/or data on the Site:
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4.2.1 does not constitute any form of advice (investment or otherwise); and
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4.2.2 does not constitute any inducement, invitation or recommendation relating to any of the artworks, products listed or referred to; and
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4.2.3 is not intended to be relied upon by you in making (or refraining to make) any specific investment in the works or other decisions.
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5. Availability
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5.1 Arthur Owen-Smith gives no warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Website and content will be uninterrupted.

5.2 You agree that Uncharted, Arthur Owen-Smith, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
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5.2.1 interruption of business; or
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5.2.2 access or other delays, terminations, suspensions, denials, or access interruptions to the use of the Site or
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5.2.3 data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or
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5.2.4 third party website links on the Site; or

5.2.5 reliance on the information contained on the Site: or
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5.2.6 computer viruses, system failures or malfunctions which may occur in connection with your use of the Site: or
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5.2.7 any inaccuracies, omissions or misleading, false, or deceptive statement in the content; or
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5.2.8 events beyond our reasonable control.
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6. Ownership of Copyright
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6.1 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall always remain the property of the Artist.
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7. Data Protection
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7.1 Uncharted’s data protection policy follows General Data Protection Regulation (EU) 2016/679. For more information, please read our Privacy Policy.
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8. Limitation of Liability
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8.1 To the maximum extent permitted by law, Arthur Owen-Smith accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of any items purchased, the Uncharted website or any information contained therein. You should be aware that you use the products sold and the Website, including its Content at your own risk.
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8.2 Except in respect of death or personal injury caused by Arthur Owen-Smith’s negligence, Uncharted shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Arthur Owen-Smith, Uncharted's employees, agents, sub-contractors or otherwise) which arise out of or in connection with the use of the site, sale of items or its use by you and the entire liability of Arthur Owen-Smith under or in connection with the use of the website shall not exceed the total sum paid under the invoice for products purchased.
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8.3 Arthur Owen-Smith does not accept any liability for damage to the items purchased caused by your own negligence or fault but not restricted to, the maintenance of the items.

9. Rights of Third Parties

9.1 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 6 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
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10. Cancellation Rights
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10.1 For all 2024 purchases you have the right to cancel your purchase and entitled to a full refund of any monies paid will be refunded if all products are returned within 30 days of purchase. Once the 30 day period has passed no refund will be issued for any return request. Any shipping costs incurred in the returning of items purchased are not the responsibility of Uncharted. If a return request is submitted to Uncharted, Uncharted reserves the right to invoice any other third-party fees or costs reasonably incurred by them arising as a result of such cancellation request.

10.2 Regarding the purchase of products or artwork at events, unless otherwise agreed in writing, once purchased you may not return any items purchased and Uncharted does not offer refunds. 


11. Waiver
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11.1 No failure or delay by Arthur Owen-Smith and Uncharted in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.

12. Severance
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12.1 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

13. Government Law and Jurisdiction
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13.1 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
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13.2 Nothing contained in these Terms and Conditions affects your statutory rights.
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