This website is operated by Futura Fine Arts Ltd
Limited (referred to as "Futura/we/our/us"). As user
of this website (referred to as "you/your") you
acknowledge that any use of this website including any
transactions you make ("use/using") is subject to our
terms and conditions below (which includes any other
important hyper-linked sections e.g. Home delivery
information, How to use this website, Returns and
refunds, and Privacy policy. In addition, you will
find other useful information within Customer
services. Please:
read through these terms and conditions carefully
before using this website.
print a copy for future reference.
also read our Privacy policy section regarding your
personal information.
1. General
1.1 We reserve the right to change these terms and
conditions at any time. Any such changes will take
effect when posted on the website (see date at the
top) and it is your responsibility to read the terms
and conditions on each occasion you use this website
and your continued use of the website shall signify
your acceptance to be bound by the latest terms and
conditions.
1.2 If you are not a consumer, you confirm that you
have authority to bind any business on whose behalf
you use this website
1.3 When you use certain Futura services (including
without limitation Gift list service) please read the
additional information provided with regards to such
services as this information will provide you with
full details on how to use such services.
1.4 Certain website services will require registration
and subsequent access to those services will be
subject to an approved login name and password
("Password Details"). Information that you provide on
this website must be accurate and complete. All
Passwords Details are accepted and may be withdrawn at
our sole discretion and are exclusive to you and non-
transferable and must be treated as strictly
confidential at all times. In the event that you have
any concerns regarding your Password Details or become
aware of any misuse then you must inform us
immediately (see Contact US for more information and
full contact details).
1.5 Certain video games and DVDs are the subject of a
legally prescribed age restriction, determined by the
British Board of Film Classification. The
classifications are 12, 15, and 18. The classification
reflects the content of the video game or DVD
(violence, language, sex, drug abuse etc). You are
therefore required to confirm that you are over 18.if
we are unable to verify you are over 18, we will
cancel your order.
2. Order process
2.1 All orders that you place on this website will be
subject to acceptance in accordance with these terms
and conditions.
2.2 The 'confirmation' stage sets out the final
details of your order. Following this, we will send to
you an order acknowledgement email detailing the
products you have ordered. Please note that this email
is not an order confirmation or order acceptance from
Futura.
2.3 Acceptance of your order and the completion of the
contract between you and us will take place on
despatch to you of the products ordered unless we have
notified you that we do not accept your order or you
have cancelled it (please refer to Returns and
refunds).
2.4 We do not file details of your order for you to
subsequently access direct on this website, and
therefore, please print out these terms and conditions
and the order acknowledgement for your own records. If
you wish to obtain specific details of your previous
orders please Contact us.
3. Delivery
3.1 This website is only for delivery of products to
customers in mainland UK. We Cannot deliver
automatically to Northern Ireland or to the Channel
Islands, Isle of Man, Orkney, Shetland and Scottish
Islands,BFPO addresses, or the Republic of Ireland.
You must contact us for Delivery prices for these
areas. All goods must be signed for by an adult aged
18 years or over on delivery.
3.2 Delivery charges and estimated timescales are
specified in the Home delivery information section and
also when you place an order. We make every effort to
deliver goods within the estimated timescales, however
delays are occasionally inevitable due to unforeseen
factors. Futura shall be under no liability for any
delay or failure to deliver the products within
estimated timescales.
3.3 Risk of loss and damage of products passes to you
on the date when the products are delivered or on the
date of first attempted delivery by us.
4. Payment
4.1 We take payment from your card at the time we
complete your order. Goods are subject to
availability. In the event that we are unable to
supply the goods, we will inform you of this as soon
as possible. No payment will be taken where we cannot
supply the goods.
4.2 To ensure that your credit, debit or charge card
is not being used without your consent, we will
validate name, address and other personal information
supplied by you during the order process. By accepting
these terms and conditions you consent to such
validations being made. You can rest assured that this
is done only to confirm your identity, that a credit
check is not performed and that your credit rating
will be unaffected. All information provided by you
will be treated securely and strictly in accordance
with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this
website at the time we receive your order apart from
the following two exceptions:
a) For products reserved online for store pick up or
any other reservation service the price you pay is the
price in store on the day of collection.
b) While we try and ensure that all prices on our
website are accurate, errors may occur. If there is a
£0.00 price shown, this merely means that the price
has not been uploaded yet. It does not mean the item
is free. If we discover an error in the price of goods
you have ordered we will inform you as soon as
possible and give you the option of reconfirming your
order at the correct price or cancelling it. No
payment shall be taken until this is confirmed. .If we
are unable to contact you we will treat the order as
cancelled.
4.4 Payment can be made by any method specified on the
Homepage. For information about secure online ordering
see Security.
4.5 Title to any products you order on this website
shall pass to you on delivery of the products provided
that we have processed and received payment in full
for the products.
4.6 All prices are shown in £s sterling and include
VAT (where applicable) at the applicable current rates
but exclude delivery charges, unless expressly stated
otherwise.
5. Returns, Cancellations and Substitutions
5.1 For online purchases We operate a repair or
replace policy for faulty or damged goods. Unwanted
goods returned within 7 days will be issued with a
credit note excluding carraige costs, that will be
valid indefinetely. Unwanted goods are to be returned
at your expense. We will not accept any unwanted goods
that are not in their original packaging and are clearly
used. If this is the case then you will be liable
for collection of these returned goods. Goods that are
excluded from this policy are all clothing including
costumes and accessories and any seasonal items
purchased within 10 days of the event. For example
Christmas items purchased after December 15th.
5.2 Sometimes the product specifications from the
manufacturer may change, in which case we will do our
best to offer you a similar alternative. No payment
shall be taken until you have confirmed acceptance of
this offer.
5.3 All sizes and measurements are approximate but we
do try to make sure that they are as accurate as
possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights
in all materials and/or content made available as part
of your use of this website shall remain at all times
vested in us or our licensors. You are permitted to
use this material only as expressly authorised by us
or our licensors.
6.2 You acknowledge and agree that the material and
content contained within this website is made
available for your personal non-commercial use only
and that you may only download such material and
content for the purpose of using this website. You
further acknowledge that any other use of the material
and content of this website is strictly prohibited and
you agree not to (and agree not to assist or
facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially
exploit or create derivative works of such material
and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or
limits liability for death or personal injury caused
by negligence, fraudulent misrepresentation, or any
other liability which may not otherwise be limited or
excluded under applicable law.
7.2 Subject to Section 7.1 above, Futura will use
reasonable endeavours to verify the accuracy of any
information on the site but makes no representation or
warranty of any kind express or implied statutory or
otherwise regarding the contents or availability of
the site or that it will be 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,
reliability of the website Futura will not be
responsible or liable to you for any loss of content
or material uploaded or transmitted through the
website and Futura accepts no liability of any kind
for any loss or damage from action taken or taken in
reliance on material or information contained on the
site.
7.3 Subject to Section 7.1 above, other than as
expressly provided in these terms and conditions with
respect to specific products and except for the
exclusive remedies set out at Section 5 above, any
indemnities, warranties, terms and conditions (whether
express or implied) are hereby excluded to the fullest
extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Futura will not be
liable, in contract, tort (including, without
limitation, negligence), pre-contract or other
representations (other than fraudulent on negligent
misrepresentations) or otherwise out of or in
connection with the terms and conditions for any:
economic losses (including without limitation loss of
revenues, data, profits, contracts, business or
anticipated savings); or
loss of goodwill or reputation; or
special or indirect losses
suffered or incurred by that party arising out of or
in connection with the provisions of any matter under
these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1
Futura's aggregate liability (whether in contract,
tort or otherwise) for loss or damage shall in any
event be limited to a sum equal to the amount paid or
payable by you for the product(s) in respect of one
incident or series of incidents attributable to the
same clause.
7.6 This clause 7 does not affect your statutory
rights as a consumer, nor does it affect your contract
cancellation rights.
7.7 We will take all reasonable precautions to keep
the details of your order and payment secure, but,
unless we are negligent, we cannot be held liable for
any losses caused as a result of unauthorised access
to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the
laws of Scotland and any dispute between us will be
resolved exclusively in the courts of Scotland.
English is the only language offered for the
conclusion of the contract.
8.2 We have selected our products on the basis that
they will be used for domestic use only, if you are
planning to use them for business purposes please make
sure that you are covered by the appropriate
insurance. Where you decide to use the products in the
course of a business, we exclude (to the fullest
extend permitted by law) those warranties and
conditions relating to fitness for a particular
purpose. Our maximum liability to business users
arising out of or in connection with the products
shall be limited to the replacement value of the
product in question (except in the case of death or
personal injury caused by our negligence or in respect
of fraud). In relation to business users, we do not
accept liability for the fitness of goods for business
purposes, nor do we accept liability for loss of use
of the item nor any loss over and above the cost of
the item in the event of a claim for breach of
warranty or condition.
8.3 Futura shall be under no liability for any delay
or failure to deliver products or otherwise perform
any obligation as specified in these terms and
conditions if the same is wholly or partly caused
whether directly or indirectly by circumstances beyond
its reasonable control.
8.4 To provide increased value to our customers, we
may provide links to other websites or resources for
you to access at your sole discretion. You acknowledge
and agree that, as you have chosen to enter the linked
website we are not responsible for the availability of
such external sites or resources, and do not review or
endorse and are not responsible or liable, directly or
indirectly, for (i) the privacy practices of such
websites, (ii) the content of such websites, including
(without limitation) any advertising, content,
products, goods or other materials or services on or
available from such websites or resources or (iii) the
use to which others make of these websites or
resources, nor for any damage, loss or offence caused
or alleged to be caused by, or in connection with, the
use of or reliance on any such advertising, content,
products, goods or other materials or services
available on such external websites or resources.
8.5 You may not assign or sub-contract any of your
rights or obligations under these terms and conditions
or any related order for products to any third party
unless agreed upon in writing by Futura.
8.6 Futura reserves the right to transfer, assign,
novate or sub-contract the benefit of the whole or
part of any of its rights or obligations under these
terms and conditions or any related contract to any
third party.
8.7 If any portion of these terms and conditions is
held by any competent authority to be invalid or
unenforceable in whole or in part, the validity or
enforceability of the other sections of these terms
and conditions shall not be affected.
8.8 These terms and conditions do not create or confer
any rights or benefits enforceable by any person that
is not a party (within the meaning of the U.K.
Contracts (Rights of Third Parties) Act 1999) except:
a) the Home Retail Group (as defined below) shall have
the right to enforce any rights or benefits under
these terms and conditions;
b) the Home Retail Group shall have the right to
enforce and take the benefit of the rights or benefits
of any limitation or exclusion or limitation of
liability in these terms and conditions;
c) a person who is a permitted successor or assignee
under Section 8.8 above of the rights or benefits of
these terms and conditions may enforce such rights or
benefits.
d) No consent from the persons referred to in Section
8.9 is required for the parties to vary or rescind
these terms and conditions (whether or not in any way
that varies or extinguishes rights or benefits in
favour of such third parties).
8.9 No delay or failure by Futura to exercise any
powers, rights or remedies under these terms and
conditions will operate as a waiver of them nor will
any single or partial exercise of any such powers,
rights or remedies preclude any other or further
exercise of them. Any waiver to be effective must be
in writing and signed by an authorised representative
of Futura.
8.10 These terms and conditions including the
documents or other sources referred to in these terms
and conditions supersede all prior representations
understandings and agreements between you and Futura
relating to the use of this website (including the
order of products) and sets forth the entire agreement
and understanding between you and Futura for your use
of this website.
We recommend you print out a copy of these terms and
conditions for future reference.
If you have any questions regarding the Futura
website, please contact us on 01355 241525 or email us.