Terms and Conditions
Please be advised that Point101 actively and assertively enforces its copyright and intellectual property rights to the fullest extent of the law. Please see the terms and conditions that follow.
The terms and conditions that follow (the “Terms and Conditions”) govern your use of the Site and/or the purchase of works of art, products and/or services (“Artwork, Products and/or Services”) from the Site. These Terms and Conditions contain all of the terms that govern the relationship between you and Point101 and any variation must be explicitly agreed by us in writing. By accessing, browsing, or using the material and information on the Site, or purchasing Artwork, Products and/or Services from the Site, you (the "User") verify that you understand and signify these Terms and Conditions to be the legal equivalent of a signed written contract and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with these Terms and Conditions then you are not granted permission to access or use the Site and/or purchase Artwork, Products and/or Services from the Site; if this is the case you should exit the Site at once.
Logos, Design and Content
The entire content of the Site, including the logos, images, photographs, text, layout of the Site and any Software developed in relation to it, is Copyright © 2004 Point101. All rights reserved. Removal of or alteration of the copyright notice on any material on the Site is prohibited. Other restrictions may also apply. Copyright and other proprietary rights in the materials and information may be held by individuals and/or 3rd parties other than Point101. Point101 strictly prohibits the copying, use of, display, publication, distribution, alteration, or exploitation for commercial or other purposes of any protected Material on the Site.
Permission for such use is granted on a case-by-case basis at the sole discretion of Point101 and/or its licensors. A usage fee may be involved depending on the scope, nature and purpose of the proposed use.
Intellectual Property and Artwork
Copyright and Intellectual Property Rights remain with the artist (or other Copyright owner) even after you buy the Original Artwork or Limited Edition Print. Purchase of any Artwork or Products from Point101 does not grant you any right other than that of ownership of the Artwork or Products. All material and information contained in the Site is protected by law, including but not limited to United Kingdom copyright law. The creator of the Artwork (the "Artist") reserves all rights protected under the United Kingdom Copyright law in all Artwork purchased by the Customer. The sale of any particular Artwork does not include assignment, transfer or license to Customer of the right to copy, modify or create derivative works of any Artwork, unless such right is specifically granted in writing by the Artist. Copyright in the Artwork is owned by the associated Artist. The Artworks are also protected by moral rights. The Artist asserts his / her moral right to be identified as the author of his / her Artwork at any point.
Conditions on the sale of Artwork, Products and/or Services
Acknowledgement and Settlement
All orders placed by Users from the Site for the purchase of Artwork, Products and/or Services shall be regarded to constitute an action by the User (the “Customer”) to enter into a contract on these Terms and Conditions, this action shall be accepted by Point101 by shipping the order to the Customer. All Point101's prices are in UK Pounds (£). Payment is specified on the Site Order Page for each Artwork, Product and/or Service selected by the Customer. We will debit payment for your order only when we are able to dispatch your items.
Delivery and Taxes / Duties
All delivery costs, or other expenses of any kind or nature, including but not limited to sales tax, customs duties, artist resale royalties, export or import charges (collectively “Shipping and/or Other Expenses”), is due in full by an acceptable credit card at the time of shipment. On receipt of the Purchase Price and any applicable delivery and/or other expenses, Point101 will organise delivery of the Artwork and/or Product to the Customer by common carrier (“Courier”) at the address specified on the Site Order Page. The Courier, Artist and/or Point101 will pack and insure the Artwork and/or Product for the full purchase price and will name Point101 as the insured party. If a customer has opted to pick up their purchases, the sale will be as is and Point101 shall not be bound by the terms of this paragraph. Goods shipped outside the EC (and occasionally inside the EC) may incur duties or border taxes. Please note that payment of any taxes levied are the responsibility of the customer, we advise you to ring your local advice bureau for more information.
Cancellations, Returns and Damage
A Customer may cancel an order at any time prior to the Artwork and/or Product being dispatched - except where we have already framed or packed the Artwork and/or Product or started customisation. We must receive notice of an order cancellation within 7 days of the date of delivery of the goods. As soon as we receive your notice to cancel an order we will issue you with a refund if it has not yet been dispatched and the conditions above are met. If it has been dispatched, you will incur the cost of returning the Artwork and/or Product and your refund will be issued as soon as we receive it.
14 Day Peace of Mind.
Point101 is happy to supply a full refund within 14 days in the unlikely event there is any obvious physical problem with your print which is directly a result of a technical problem at our end. However we are not responsible for any oversight on your part in relation to poor quality, pixelisation or low inherent resolution. Be aware that you should check the preview online before you order to make sure you're happy with how it looks. Please note that delivery costs are non-refundable.
Unit 4a, Regents Studios, 8 Andrews Road, London E8 4QN
Product Specification, Corrections and Availability
All Artwork and/or Products displayed on the Site are offered on a first-come, first-serve basis. There may be an instance where a user purchases goods that are no longer available. Although this is unlikely Point101 does not guarantee the availability for the purchase of any Artwork and/or other Product displayed on the Site. While we endeavor to keep information up to date, but we cannot gurantee the accuracy of the colour, text, graphics, or descriptions contained on the Site. It is important to note that there may be minor inaccurancies in dimensions and specifications. Colours of Artwork, Products, mounts and frames may appear different on certain monitors and screens.
Breech of terms and Conditions
If the Terms and Conditions herein are not complied with then Point101 may hold the Customer liable for some or all costs of collection, handling charges, commissions, and any legal fees and expenses attributable to the Customer’s breach of these Terms and Conditions.
Disclaimer of Warranty and Liability
This Site and all information contained within it are provided on an "as is" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Point101 shall not be liable for any damages of any kind related to your use of this site. Point101 shall not be liable for any personal loss or damage, which may arise from the use of any of the information contained in the Site. Point101 shall no be liable for any special, indirect or incidental damages, including but not limited to lost revenues which may result from the reliance of purchase of Arwork, Products and/or Services from this Site. Some users may find certain Content, Artwork and/or Products unsuitable for children, it is the responsibility of the parents to provide guidance in these circumstances.
Customer and User Privacy and Data Protection
All and any information provided by you to Blink Red will be treated in strict confidence with respect to privacy and according to the terms and conditions of the Data Protection Act.
Acknowledgement of Indemnity
You agree to indemnify Point101 and keep Point101 indemnified against any damages, claims, liabilities, losses and expenses arising out of any misuse of the Site or information therein.
Links to Other Sites
Point101 may provide links to other websites, goods and/or services. Point101 is not responsible for the content of any 3rd party websites which may be accessed via our Site and disclaim responsibility for the accuracy of information or quality of products. Point101 does not control or endorse other websites, galleries, events, Products and/or Services unless expressly stated
These terms and your use of this website are governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.
Point101 reserves the right to restrict your access to the Site in the event that you violate these Terms and Conditions.