Terms & Conditions
This website www.kjhutchings.com (the “Site”) is owned and operated by KJ Hutchings (“KH”, “we”, “us”, “our”). KH’s business is registered in Sweden.
KH owns and operates this Site. This document governs your relationship with the Site. Access to and use of this Site and the products and services available through this Site are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Site, you are agreeing to all of the Terms of Service, as may be updated by KH from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.
This Site may contain links to other websites (the “Linked Sites”), which are not operated by KH. KH has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Service contained within each such site.
Additions to Site Content
Any new products, services or features added to this Site will also be subject to these Terms of Service. The most current version of these Terms of Service will be available on this page. KH reserves the right to update, amend or replace any part of these Terms of Service. It is therefore your responsibility to check this page regularly for any changes. Your continued use or access of the Site following the posting of any amendments confirms your acceptance of those changes.
Description of Site Offerings
KH strives to describe and display as accurately as possible the content, services and products shown on this Site. Please do not assume or accept that the Site is completely accurate, current, or error-free. Occasionally KH may correct errors in descriptions and pricing.
You must not misuse this Site. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this provision would constitute a criminal offence and KH will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remains the property of KH or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Site and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product that is subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with the Site you must be over 18 years of age and possess a valid PayPal account, credit or debit card issued by a bank acceptable to us. KH retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party you have contracted with. This will usually be the Site or may in some cases be a third party. Where a contract is made with a third party KH is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the PayPal account, credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming your order: this email will constitute the acceptance and fulfilment of your order. Only those goods listed in the order confirmation e-mail sent after purchase will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods we will correct it as soon as possible.
Upon receiving your order we or a third party (e.g. PayPal) will carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase.
Value Added Tax (VAT)
All digital art sold to buyers within the European Union (EU) is subject to 12% Value Added Tax (VAT), and 25% VAT is added for services, as per Sweden’s sales tax regulations.
Disclaimer of Liability
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law KH and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect this Site’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
KH does not guarantee, represent or warrant that your use of the Site, or the products and services offered therein, will be uninterrupted, timely, secure or error-free. KH does not warrant that the results that may be obtained from your use of the site, services, or the products offered therein, will be accurate or reliable. KH reserves the right to remove all or some of the products offered on the Site for indefinite periods of time.
By agreeing to these Terms of Service, your use of, or inability to use, the Site is at your sole risk.
KH may terminate or suspend access to this Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Linking to this Site
You may link to our home page, 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. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Site are in no way associated, linked or affiliated with KH and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to KH.
You agree to indemnify, defend and hold harmless this Site and KH, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Site or your breach of the Terms of Service.
This Site shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the products, services and/or any page of this Site.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
These Terms of Service shall be governed and construed in accordance with the laws of Sweden and the EU, without regard to its conflict of law provisions.
This Site’s failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by emailing firstname.lastname@example.org.
If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and this Site. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by KH, the owner of this Site.
Changes to Terms and Conditions
KH may at any time amend the Terms and Conditions detailed above. Such amendments are effective immediately upon notice to you by KH posting the new Terms and Conditions on this Site. If you use this Site in any way after being notified of the changes it means you accept these amendments.
Date of Last Update: 21 March 2021