The site is provided by Colourfull Arts, Company Number 05908724, whose registered offices are at 25C Orgreave Crescent, Dore House Industrial Estate, Sheffield, S13 9NQ. Colourfull Arts are the legal owner of the Trade Mark LOXLEY, in addition to other Trade Marks they own and use.
The site is provided to improve the supply of Art Materials to professional Artists, to support such Artists in the promotion of their original work and to facilitate collectors in sourcing genuine original paintings by contemporary artists.
1. Acceptance of terms
1b. We may update these Terms and Conditions (and the documents referred to in them) and any aspect of the Services offered from time to time and will notify such changes to you by uploading details of them on the Site. You should review the details of products, services and these Terms and Conditions before engaging with or ordering a product or service, even if you have used similar products or services in the past.
2. Contracting Parties
If and when you become a customer by engaging in the following activities on the Site, your resulting legal Contract is with Colourfull Arts directly:
- Purchasing Artists’ Materials and/or Tools
- Listing and/or supplying details of paintings for sale
If and when you become a customer by engaging in the following activities on the Site, the Contract that these provisions govern is directly between you and the individual Artist or Service Provider (“seller”):
- Purchasing and/or commissioning works of Art
- Purchasing and/or accessing any Artists’ Services
3. Accessing our Service
3a. Access to the Site is on an as-is basis, subject to availability and we reserve the right to withdraw or amend the services we provide through the Site without notice. We shall not held be liable if, for any reason, any of the Services or Products are unavailable at any time or for any period. Whilst it is our endeavour to keep the site available at all times, we cannot guarantee online availability of the site in part or whole at all times and geographical locations.
From time to time, we may restrict access to any or all of the Services or sections of the website.
3b. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
3c. It is your responsibility to ensure that all information (including your name and address) you provide us or enter on to the Site, is complete, correct and accurate. Ensure that you check all information before making a purchase or registration.
3d. You may only make purchases or offer artwork for sale on the site if you are over 18 years of age, and in the case of age restricted products, at least the legal minimum age required by your local jurisdiction. This includes the purchase of any products containing sharp or otherwise dangerous items.
4. Intellectual property rights
4a. We take very seriously any infringement of Intellectual Property rights and Copyrights. Any artist producing work that is of their own original design and is not commonplace obtains certain Design rights in EU law, even without formally registering it.
It is therefore illegal in most cases to copy designs created by someone else without their permission, for a number of years following its public disclosure. In addition to complying with copyright law, you undertake not to copy artwork featured on the site, irrespective of disclosure date. It is accepted that artists you admire may have a certain influence on your future work, you should acknowledge these artists in your Artists’ statement/bio and include it in descriptions of work where relevant.
4b. We own, or are the licensee to, all rights, titles and interests in and to the Site and it’s services, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
We own the Trade Marks of Loxley®, Ashgate™, Chatsworth™, Prism™ and Toucan™. There are brands belonging to us or others featured on the site, if you would like to check what information we hold on their ownership please contact us. Responsibility to ensure you undertake sufficient Trade Mark searches ahead of claiming any as your Intellectual Property (IP) remains with you.
4c. You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors. See also the section on “Links”.
4d. If you are aware that any IP rights have been infringed on the Site, please contact us and the parties affected immediately.
5. Particular Responsibilities of Sellers
5a. If you are a Seller, it will be necessary for you to handle certain personal data (as defined in the GDPR regulations) in order to satisfy the contracts you enter into if and when you make a sale or receive an enquiry. You affirm to store any personal data secure and only for so long as needed to complete your duties under the said contract or agreement. You will permanently delete such personal data when no longer necessary for the legal and legitimate purpose for which it was provided to you for. You are responsible to comply with UK and EU laws (in addition your own national law if operating from outside of the EU) and you indemnify us against any costs or claims arising from your breech of these provisions.
5b. When uploading or otherwise providing your own personal data to create your Seller profile, you give your explicit consent for us to store and make this information publically available.
5c. You undertake to specify the price of your Artwork and/or Service at the sum of:
The amount you consider satisfactory and fair to receive for that work, plus the agreed website markup plus VAT at the prevailing rate. i.e Your remuneration + our marketing fees + VAT
5d. You are responsible for checking the cost of carriage and packaging before you decide what delivery charge to specify when making the listing.
6. Disclaimer of Warranties and limitation of liability
6b. In every case of purchase, you should carefully review these Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between the email confirmation of your order or the applicable details on the product’s page and these Terms and Conditions, these Terms and Conditions shall prevail to the extent of the conflict or inconsistency.
6c. To the full extent allowed by English law, we will not in any circumstances be liable in respect of any consequential or incidental damages or loss of whatsoever nature arising from, or in connection with the use of, re-sale or supply of Goods. In the case of faulty Art Materials or Tools being supplied our liability shall in any case be limited to, at our sole discretion, either replacement of the goods, or a refund of the original price paid.
6d.The Site offers Art Materials and Tools for professional artists and craft-persons. Some items for sale on this site could be dangerous to health, life, property or the environment if stored or handled incorrectly. In purchasing any product from the site you undertake to either sell the product as it is (including its packaging) to responsible and knowledgeable Artists, or to use it professionally yourself as being such an Artist. In either case, goods should be stored correctly and rotated on the ‘First In, First Out’ basis.
6e. Paintings and other artworks offered for sale on the Site are sold directly from the Artist or Owner, neither of which are representatives of Us. As provider of the site platform, we endeavour to provide ad-hoc 3rd party support to sellers and purchasers of artwork. However, we are not party to the sale contract; responsibility and liability of which lies between the seller and the buyer.
6f. All descriptions of Artworks and Artists are compiled from information inputted by the Artists themselves, who retain their own log in access to the site. The Artist retains full and final responsibility for the accuracy and completeness of information relating to themselves and their artwork. Site admins cannot review nor control every listing and we are not responsible for the accuracy thereof. Should you wish to add to or supply correcting facts then we welcome you to contact us. Our sharing this with the Artist, or responding to such information is at our discretion. We retain the right to amend, suspend or delete any listing on the site as we see fit.
6g. The Site offers selected Artists the opportunity to showcase their own, original paintings and artwork. We offer chosen Artists a highly specialised ‘online gallery’ to showcase and sell work that fits the particular character and values of the Loxley brand. In order to maintain the defined Loxley brand appearance, we will refuse to display artworks which, at our sole discretion do not fit into this particular niche. We also have the right to remove any images and listings that we choose, even after initially accepting them. Should this happen, it should not be taken as a critic or judgement on the artwork, nor on the artist/s involved.
6h. You acknowledge and agree that the following warnings and disclaimers shall apply to any content on the site or accessed via the site:
6i. Before making any decisions on, or changes to your financial affairs that are influenced in part or whole by site content we strongly recommend that you consult with a professional and competent financial advisor. We are not offering financial nor business advice. Whilst some content and/or services on The Site may contain ideas or personal experience, our staff and contributors are not rendering personalised advice of any kind but are merely describing their own opinions in a general, non-specific manner. You acknowledge and agree that any changes to your lifestyle, practise or beliefs are your own considered choice and you assume the risk and responsibility for any results or non-results. We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained on, or accessible via, the site.
6j. The Site is provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
6k. Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees or for any other liability that cannot be limited or excluded by law.
7. Registering on the Site
7a. When registering on the site, you will provide your full name (first name, last name and any middle names and contact details). You will also inform us of your situation, for example whether you will be acting as an official representative of an organisation, dealing as a professional artist etc.
8. Payment methods
8a. Purchases for goods and/or services that Customers make with Sellers may only be paid for using a debit or credit card through our payment facility (or any other payment method which we may make available from time to time). In accepting or otherwise processing Customer payments related to the purchase of items from Sellers, we act in the capacity as commercial agent of the Seller. The Seller acknowledges and agrees that the valid payment by the Customer to us for the purchase of item(s) between them and the Seller will satisfy the obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by the Customer to the Seller for the purchase of such items shall be extinguished at that time. The Seller further agrees that it will not seek recourse (legal or otherwise) against the Customer for payment of items that have been validly paid for.
8b. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination you choose to have them delivered.
8c. All prices quoted include any applicable UK VAT, unless otherwise stated. If you are purchasing from outside of the UK and would like to receive a VAT excluded invoice, please contact us quoting your official registered VAT/GST/TVA number.
8d. Ownership of title to any material item/s passes to the Customer upon legitimate payment clearing our bank account in full. Where payment is delayed, whether sanctioned by us by way of a separate credit agreement or otherwise, we retain our statutory rights to claim interest and/or costs of debt recovery from the Customer in accordance with English Law.
9. Acceptance of Orders and Refusal of transactions
9a. Orders placed on the site are an offer from you to buy and are not deemed to have been accepted by us and/or the seller until marked or notified as “Complete”, either on the site or by email from us. It is only once this notification is sent that the Contract to supply has been formed.
9b. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days. See our Delivery policy for more information.
Goods shall not be returned without our prior approval. Unless due to us defaulting on their legal or contractual duties, the cost of collection and handling the return shall be chargeable to the Buyer. Such costs can include, but are not limited to, freight, paperwork and admin, restoring stock to a saleable condition or disposing of. All parties to this contract undertake to keep such costs to a reasonable minimum. Downloadable products cannot be returned nor refunded after being made available to you. This does not affect your statutory rights.
12. Artists Subscription Services
Special services are available for artists which are covered by recurring payments as specified on that service’s page.
12a. We will notify you of any price or service changes by updating such information on the service’s page. If you are a current subscriber/Vendor we will also send an email to you explaining the changes and instructing you how to cancel the subscription before the next payment is due. If you are happy with the changes then you do not need to take any action and we will take it that you wish to continue with the revised subscription.
12b. Cancellation of order or subscription:
You can cancel your subscription with the required notice by contacting us. The notice period for weekly subscriptions is 5 working days and for monthly subscriptions it is 2 weeks before the next billing cycle. Orders for downloadable or shippable products cannot be cancelled once dispatched or made available for download. Please see our Returns policy (section 11) for details on how fulfilled order returns are handled.
12c. Renewal of your subscription/s:
If you don’t cancel your subscriptions, they will automatically renew for the next period and your card will be charged. Please make sure to notify us in good time if you wish to cancel as reminders may not be sent out or they may not reach your inbox.
12d. StorePro™ Service:
This is an artwork packaging and storage service whereby Loxley take care of your artwork on a month-by-month basis.
- Months referred to in this service mean calendar months. Packaging and storage fees are payable upfront for the month ahead. The monthly fees quoted are for 1 month or per part of a month and no refunds or credits will be due for any unused time in a month.
- Fees are based on a per individual artwork basis. The costs per piece are determined by its size range, as shown on the StorePro™ ordering page. Please check the sizes before ordering as there is a handling fee of £5 to cover the cost of us manually correcting the order and payment schedule.
- The cost of storage may change over time, we will endeavour to provide as much notice as possible, and in the case of a price increase this will be a minimum of 2 months.
- If you wish to cease using this service you will need to collect your artwork, or pay for and arrange delivery of it to another address. Until such collection or delivery has been made you are deemed to be still in the contract and liable for all storage costs due. Should any money remain outstanding after 4 months you agree that ownership of any or all of your paintings in storage is transferred to Colourfull Arts or our appointed agent. This is to enable us to recover and/or limit our money lost in storage costs and we may dispose of, sell, rent or hire such paintings as we see fit. We will take reasonable endeavours to pass on any excess money received from such action involving these artworks to you, after deducting any monies owed by you and any reasonable expenses incurred as a result of this provision.
- Storepro™ is currently offered for 2D paintings up to a maximum value of £2,000 and made entirely with conventional artists’ materials, it is not suitable at this stage for items of higher value works nor works of an unusual construction.
- In the case of loss or damage whilst in our possession, our accessor will determine the settlement in terms of remedial works or compensation figure. Insurance and any compensation for damage or loss in transit will depend entirely on that courier’s policy and we will be in no way liable. We will in no case be liable for claims arising from force majeure or other circumstances outside of our control, including but not limited to acts of God, industrial action, riots, terrorism, war or natural disaster.
13a. You may link to relevant content our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Terms and Conditions and to take any action it deems appropriate.
13b. Our Site must not be framed on any other website, nor may you use any more than ¼ of any image, infographic, paragraph or any other such content. It shall be clear to any casual observer or search engine that you are merely quoting a snippet of our Original Content and you will clearly cite the source and copyright ownership. We reserve the right to withdraw linking permission at any time.
13c. The Site may provide links to other websites for your information. We have no control over such sites or resources and do not review them after initially linking. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your access to them. We welcome any feedback of inappropriate links found.
14. Uploading material to the Site
14a. Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other entity; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
14b. Any material a user adds to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity and/or contact details to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.
14c. By uploading or inputting any personal data to the site you confirm that you have that Data Subject’s explicit consent to do so and that you are, and will continue to remain, compliant with the GDPR regulations.
14d. In offering any paintings for sale on this site are you are affirming that you are the full legal owner of the artwork pictured and thus described. The responsibility for accurate and honest descriptions of such painting/s remains with you and you indemnify us against any claims or costs arising from inaccurate information you have provided.
15. Reviews and Ratings
15a. You may leave reviews for and/or rate any seller’s product that you have had personal experience with. You must complete any Reviews honestly based on your experience with the seller’s products, with the sole aim of assisting other customers in their buying choices. If you have any vested interest in the seller or product you review, you must disclose this clearly at the beginning of your contribution.
15b. As a seller you acknowledge and accept that any artwork’s Rating and/or Review will be publicly available for viewing on the Site.
15c. We are not responsible for checking or editing the Reviews or Ratings on the Site but will from time to time undertake checks of the content that has been posted. If we come across any reviews which, in our absolute discretion, are deceitful, misleading, spam, illegal, defamatory, offensive or obscene then we reserve the right to immediately remove such posts without notice.
15d. We will investigate any Review which is reported to us as being illegal, defamatory, offensive or obscene and take whatever action we deem reasonably necessary in relation that Review.
15e. You agree to indemnify and hold us, our affiliates (and their respective employees, directors and representatives), harmless against any claim or action brought by a third party, arising out of or in connection with any Reviews or Ratings left by you on the Site.
16. Viruses, hacking and other offences
16a. You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
16b. Before uploading anything to the site, you undertake to scan the file/s with an up-to-date and professional anti-virus software. You will be held liable and indemnify us for any loss or damage caused by any viruses, tojans, worms or other such harmful material that is included in your upload/s, whether deliberate or through negligence.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by us.
Should any provision of these Terms and Conditions prove to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
These Terms and Conditions, and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or any documents expressly referred to in them.
20. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Terms and Conditions due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that these circumstances continue.
21. Rights of Third Parties
No provision of these Terms and Conditions shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either Yumbles.com or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of Yumbles.com when acting as commercial agent of any Seller.
22. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
23. “Loxley Coin”
23a. Loxley Coin is the umbrella term we use for the site’s Loyalty Reward Points scheme and Gift Certificate scheme. There is no cash equivalent value to Loxley Coin, it is only relevant to the site www.loxleyarts.com and there is no guarantee over its future validity or availability.
23b. Any points on your account expire after four years from your last log-in. You can transfer points to a Gift Certificate/s at any time within the period prior to four years of the expiry date, Gift Certificates have no expiry date.
24. Promotional codes, Coupons, Vouchers and Discounts (“Discount codes”)
24a. From time to time, at our discretion we may offer special discounts to use when shopping on the site. By using a Discount code you will be deemed to have read and understood these terms and conditions and agree to be bound by them.
24b. The terms and conditions on the Site shall apply to Discount codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these Discount code terms and conditions, the Discount code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these Discount code terms and conditions.
24c. Discount codes that we issue from time to time can only be used for purchase or part-purchase on this site, and only for the stated product, category or service. As we mostly use 3rd party specialist couriers, Discount codes cannot be redeemed against delivery charges.
24d. Discount codes expire at the date or time stated, or within 12 months of issue whichever is the shortest timeframe. Other restrictions and/or limits will apply as stated in the information given alongside the code (for example on the printed voucher or website advert).
24e. Discount codes are an arrangement between you and us, and not between you and any Seller, Stockist or Reseller. They are non-transferable and should be kept confidential.
24f. Only one Discount code can be used in any single transaction and cannot be used in conjunction with any other offer on the site, nor for the purchase of gift vouchers or Loxley Coin.
24g. Your Discount code needs to be entered during checkout before confirming payment for the discount to apply.
24h. We reserve the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. These terms may be updated from time to time and we reserve the right to add additional terms and conditions for specific promotional codes directly on the marketing material. In any conflict or inconsistency arising between such information on the Discount Voucher and on these Terms, these Terms shall prevail to the extent of the conflict or inconsistency. You should review theses Discount code terms and conditions periodically for changes.
24i. Discount codes have no cash equivalent value, cannot be transferred and cannot be forwarded or reassigned.
24j. Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.
24k. These promotional codes are provided and operated by Colourfull Arts, 25C Orgreave Crescent, Dore House Industrial Estate, Sheffield, S13 9NQ; registered company number 05908724.