Terms of service
Overview
This website is operated by Yushu Culture Development UK LTD (also referred to as ‘Yushu’ or ‘玉書’). Throughout the site, the terms “we”, “us” and “our” refer to Yushu Culture Development UK LTD. Yushu offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted on SquareSpace. They provide us with the online gallery/exhibition/e-commerce platform that allows us to advertise and sell our artworks and services to you.
Website Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our work for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Prices & Modifications
Prices for artworks or Services are either on the website or through enquiry. We reserve the right to alter prices at any time. It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT. Any price changes will be confirmed to you at the time of ordering.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Artworks & Services
We reserve the right, but are not obligated, to limit the sales of our artworks or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any artworks or services that we offer. All descriptions of artworks or artwork pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any artwork at any time. Any offer for any artwork or service made on this site is void where prohibited.
We do not warrant that the quality of any artworks, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We advise that if you are considering buying services or artworks from us, that you request detailed information and communicate any specific requirements you may have first before committing to any purchases as all sales are final.
Payment of Artworks & Services
Payment can be made, direct through our website if purchasing artworks of Services through our online shop page (Note: this is only made available at certain times of the year). All other purchases must be agreed via email and paid on receipt of an invoice via bank transfer or Cheque (payable to Yushu). All invoices are made out and must be paid in GBP.
Receipt of Order Confirmation
If purchasing through our online shop page, you will receive an automatic order confirmation email once you have placed an order and payment has been made.
If paying via bank transfer or cheque, you will receive a GBP invoice and may request a receipt of payment once payment has cleared.
Accuracy of Billing & Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all direct purchases and purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Portrayal of Artworks
While every effort has been made to portray artworks accurately across all communication, slight variations may occur. All measurements quoted are approximate and the reproduction of colours and finishes is as accurate as photographic and publishing processes will allow within the context of the site where images were taken. Please note there may be variations in colours dependant on the calibration and settings of individual screens, and differing lighting conditions. Due to the organic nature of materials used in artworks, colours and surfaces may appear different to the naked eye. If accurate colour or surface finish is required, please contact us to request detailed images or samples prior to purchase. To not do so, is at your own risk and we do not take responsibility for artworks not meeting expectations in relation to appearance, size or quality etc.
Copyright
All rights, including copyright, for the website and all artworks and Services described are owned by or licensed to Yushu (also referred to as ‘玉書’). Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Yushu.
Authenticity of Artworks
All artworks portrayed are originals (unless otherwise stated) and produced by either Max Bainbridge or Abigail Booth, under the studio name Yushu (also referred to as ‘玉書’). When purchasing artworks you may request a Certificate of Authenticity, dated and signed by the artist including the details of artworks purchased and accurate buyer’s information. This may be used as proof of ownership and accurate providence of artworks bought and sold.
Availability
All artworks are subject to availability. You may request a catalogue of current/available artwork at any time and we will inform you of approximate lead-times on new artwork. Delivery times vary depending on the artwork and we always endeavour to deliver to an agreed date. Please note, our delivery date is an estimate, we cannot unfortunately accept liability if the product is unavailable due to unforeseen circumstances. We do promise to keep you up to date.
Delivery of Goods
All artworks will only be shipped on completion of payment in full, unless otherwise contractually agreed.
Please note any incurred import duties when shipping artworks internationally are the sole responsibility of the customer/client. Customs documents will be included with each shipment or supplied directly to the courier on request. This will be done by Yushu in direct communication and co-operation with the customer. This relies on accurate information being supplied by the customer before shipment is sent. Yushu will not be held responsible for inaccurate information provided by customers/clients.
When signing for delivery of artworks from a courier, please either check the item thoroughly with the courier present, or sign ‘unchecked’. Yushu will not be held responsible for goods damaged during transport, if they are signed for at destination and damage hasn’t been recorded. No Claim regarding damage, shortage or defect sustained ‘in-transit’ will be considered unless reported within 7 days from receipt of goods.
If you discover damage has occurred during transit, please notify us within 7 days from receipt of goods so we can start the relevant claims procedure with the courier/shipper. We cannot pursue compensation without your full co-operation to provide images and detailed information of any damage sustained.
When purchasing artwork, you will be sent tracking information where available. Failure to notify us of undelivered artwork within 14 days of the specified delivery date passing, will void a claim against loss of goods in transit. If you are concerned your purchase has not arrived in good time or by the specified delivery date, you must notify us immediately by email, so that we can follow up with the relevant courier/shipper.
Warranty for Faulty or Damaged Artwork
We warrant that on delivery, any artworks shall be free from material damage or defect as a result of the making process. Due to the organic and repurposed nature of the materials we work with, existing marks, imperfections, splits and cracks are a naturally occurring and integral part of the artworks and do not fall under ‘Damage or Defect’. Please request detailed imagery, condition-check, specifications and installation/care instructions of an artwork prior to purchase.
If you find any damage or defect as a result of the making process you will give Yushu notice in writing within a reasonable time of discovery that an Artwork does not comply with the warranty as set out above.
In the case that Damage or Defect is discovered, we request a reasonable opportunity of examining such Artwork; and we shall, at our option, always have the opportunity to arrange a repair or replacement of the Artwork, and only if repair or replacement is not possible, will we negotiate a Return of the Artwork (please see our Returns and Exchanges policy below for further details).
We will not be liable for an Artwork’s failure to comply with the warranty if:
· you make any further use of such artwork after giving a notice in accordance with the above,
· the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Artwork or (if there are none) good sense and good trade practice;
· the defect arises as a result of us following any drawing, design or specification supplied by you;
· you alter or repair the artwork without our written consent;
· the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions,
· any damage or loss of an artwork was sustained while ‘in-transit’ during delivery (please refer to Delivery of Goods for our policy on any damage or loss of an artwork while ‘in-transit’).
Except as provided in the above, we shall have no liability to you in respect of an Artwork’s failure to comply with the warranty.
Full installation instructions will be supplied on request including detailed cleaning and care instructions. Failure to follow these instructions thoroughly will void any claim for damage or defect.
These Terms shall apply to any repaired and exchanged Artworks supplied by us.
Returns and Exchanges
All sales of Artworks are final and we do not offer or accept Returns or Exchanges as a result of a client/customer changing their mind. Returns or Exchanges do not apply to commissioned artworks or bespoke orders of any kind.
If an artwork is Faulty or Damaged, a Repair, Replacement or Return may be negotiated in line with our Warranty as stated above.
Agreed returns will be refunded only on receipt of shipment and after a thorough and approved condition check of the artwork by us. Refunds amount only to the ‘Cost of Artwork’ as stated in the original invoice or website listing, and will be refunded in GBP. All refunds are made at the prevailing exchange rate and we do not take responsibility for any fluctuations in Currency Value between the date of the original invoice and the date of the relevant refund.
When organising the return of an artwork, please contact us so that we can arrange the return with an approved courier/postal service. Please be aware that you will be liable for any damage that occurs while artworks remain in your possession. On no account must returns be made without our prior written consent. If you make attempts to return an artwork unsolicited you will void any claim you may have to a refund and be liable for any associated costs.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.
Errors Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to artwork descriptions, pricing, promotions, offers, artwork shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of Liability
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and its content (except as expressly stated by us) is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.
Our responsibility for loss or damage suffered by you if you are a consumer:
Our total liability to you under these Terms shall not exceed the price (in GBP) paid by you to Us for any artwork or service applicable to your claim. We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: of satisfactory quality; supplied with reasonable skill and care and, where installed by Us, correctly installed and; for defective products under the Consumer Rights Act 2015.
We only supply artworks and services to you for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our responsibility for loss or damage suffered by you if you are a business/organisation:
Nothing in these Terms shall limit or exclude Our liability for: death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; or any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
Subject to the above: We shall not be liable to you under any circumstances, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, arising under or in connection with this contract, for: loss of profit (whether direct or indirect); loss of revenue (whether direct or indirect); loss of sales or business (whether direct or indirect); loss of agreements or contracts (whether direct or indirect); loss of anticipated savings (whether direct or indirect); loss of use or corruption of software, data or information (whether direct or indirect); loss of or damage to goodwill (whether direct or indirect); or special, indirect or consequential loss, costs, damages, charges or expenses; and Our total liability to you for all other losses arising under or in connection with any contract between Us and you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you to Us for any artworks and/or services under such contract.
Indemnification
You agree to indemnify, defend and hold harmless Yushu and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws and jurisdiction of Shute Farm Studio, Downhead, Somerset BA4 4LQ, United Kingdom.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.