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the WOW wall – Terms & Conditions

Specialists in exclusive interior Wall murals, Canvas prints and Wall art stickers

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law, and any variation must be explicitly agreed by us in writing. If you do not agree to these terms and conditions, please do not use this Site.

This website (www.thewowwall.com) which is referred to as (the "Site") is owned and controlled by the WOW wall Ltd. A company incorporated in England under registration number 06437387; the registered office of which is 152 City Road, London, EC1V 2NX, United Kingdom. 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 the WOW wall Ltd. 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.

Acknowledgements

In submitting an order to the WOW wall Ltd. the customer confirms that they own the intellectual property rights to the respective photograph/artwork or have obtained the relevant written permission. We reserve the right to refuse to print or manufacture any image that may cause offence. There will be an element of image manipulation determined by our designers to achieve the best results based on the WOW wall Ltd. experience. All final prints are determined by the quality of the original. The WOW wall Ltd. endeavour to produce the best quality print from your artwork and cannot be held liable for any blemishes, and or image imperfections from the original image.

Copyright

The entire content included in this Site, including but not limited to text, graphics or code is Copyright © 2006 the WOW wall, and is the property of the WOW wall Ltd. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with the WOW wall Ltd. or purchasing the WOW wall Ltd. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with the WOW wall Ltd. or to purchase the WOW wall Ltd. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by the WOW wall Ltd. in writing. Removal of or alteration of the copyright notice on any material on the Site is prohibited. Ownership of a print does not constitute ownership of copyright. No reproduction rights are granted or implied. Other restrictions may also apply.

Disclaimer of Warranty and Liability

This Site and the materials and products on this Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the WOW wall Ltd. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The WOW wall Ltd. does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. The WOW wall Ltd. does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. 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 the WOW wall Ltd. shall not be liable for any damages of any kind related to your use of this Site. The WOW wall Ltd. 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. The WOW wall Ltd. shall not 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 Artwork, 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. Whilst every effort is made to colour match to the images displayed on the WOW wall Ltd. Site; due to differences in monitors and operating systems, there may be colour and lightness variations between the image you see on your monitor and the actual print.

If you choose for the WOW wall Ltd. to include a fitting service with your Artwork, Products, such as, but not limited to, wall murals, canvases prints, wall art stickers, floor murals, the WOW wall shall not be liable for any damage of any kind related to your wall, your property, or the products themselves. Whilst it is extremely unlikely for such damages to occur, we cannot guarantee this and endeavour to fit your products with as little disruption as possible, with the upmost of care.

Whilst every effort is made to produce the best joins possible when hanging wall murals it is not possible to achieve a 100% totally invisible join between the wall mural printed sections. Due to differences in wall surfaces textures and finishes there is a possibility of some joins being more noticeable than others. Due to such possibilities the WOW wall Ltd cannot be held liable or responsible for the resulting finished joins from hanging any wall mural. The colour of the wall mural design also affects the prominence of the joins in the finished mural design. In general lighter colours will produce less noticeable joins in the finished wall design, than darker colours.

Delivery and Taxes / Duties

We aim to deliver all canvases within 7 working days from receipt of your order and payment. Delivery priced separately. Once a product has left the WOW wall Ltd. premises the product's condition is the sole responsibility of the customer. Damage to artwork once delivery has been made is the responsibility of the customer. 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 ordering. On receipt of the Purchase Price and any applicable delivery and/or other expenses, the WOW wall Ltd. will organise delivery of the Artwork and/or Product to the Customer by common carrier ("Courier") at the address specified by you in the Site Delivery Address details. 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

Due to the fact that any Goods ordered via the Site will be custom made to a customer's specification, the Customer cannot cancel their order once payment has been received by the Company. In addition the Company is unable to offer a 'Right to Return' of any item which has been ordered and paid for, for any reason other than those contained within the Company's Return Policy. Please read carefully the Return Policy which forms part of these Terms. By accepting these Terms the Customer agrees to be bound by the Return Policy.

-- Return policy -- Due to the fact that Goods ordered via the Site are custom made to a customer's specification the Company is unable to offer the right to return for any item ordered, unless it can be proven that the Goods supplied were not of satisfactory quality.

In the event of your product being damaged upon delivery, please advise the carriers and us immediately. Please sign any delivery note to the effect that the goods are damaged. Alternatively please refuse delivery and contact us immediately.

Acknowledgement of Indemnity

You agree to indemnify the WOW wall Ltd. and keep the WOW wall Ltd. indemnified against any damages, claims, liabilities, losses and expenses arising out of any misuse of the Site or information therein.

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price on the Site, the WOW wall Ltd. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. the WOW wall Ltd. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the WOW wall Ltd. shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the WOW wall Ltd. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Privacy policy

The WOW wall Ltd. utilise the latest in Secure Server Technology to ensure that all personal and transactional information is protected to the highest standards. We never make your personal details available to companies outside the WOW wall Ltd group for marketing purposes, although our representatives may hold your data so that your details and/or order can be processed and/or account maintained.

Notice

The WOW wall Ltd. may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to the WOW wall Ltd.

Governing Law

These terms and your use of this Site 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. The WOW wall Ltd. reserves the right to restrict your access to the Site in the event that you violate these Terms and Conditions.

Use of Site

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a the WOW wall Ltd. or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

the WOW wall Ltd. does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, the WOW wall Ltd. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, the WOW wall Ltd. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the WOW wall Ltd. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless the WOW wall Ltd. its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, the WOW wall Ltd. may link to Sites operated by third parties. However, even if the third party is affiliated with the WOW wall Ltd., the WOW wall Ltd. has no control over these linked Sites, all of which have separate privacy and data collection practices, independent of the WOW wall Ltd. These linked Sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the WOW wall Ltd. seeks to protect the integrity of its web Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for Sites it links to as well (including if a specific link does not work).

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