Terms and Conditions
Terms and Conditions
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
1. Information about us
Whynotart.com is a site operated by Why Not Art Limited (we, us). We are registered in England and Wales under company number 10391317 and have our registered office and main trading office at Suite 08, 22 Notting Hill Gate, London W11 3JE. Our email address is firstname.lastname@example.org. Our VAT number is 252 5058 20. We are authorised and regulated by the Financial Conduct Authority under reference number 766339.
2. Accessing our Site and changes to it
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
Our Site is directed to people residing in the United Kingdom. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it within a particular timeframe.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
3. Receiving Documents permitted by the Consumer Credit Act by Email
By agreeing to the Terms & Conditions you agree that any documents which the Consumer Credit Act permits to be sent by electronic means may be delivered to you in the form of a pdf attachment sent to your by email at the address you have provided.
4. Your account and password
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. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
5. The Subscription Contract Between You and US
Why Not Art offers 4 monthly subscriptions plans for original artworks.
Automatic Renewal Terms
With respect of Why Not Art subscriptions subject to automatic renewal, you agree that Why Not Art may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Why Not Art reasonably could act.
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription as an initial and recurring payment charge at the then – current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Why Not Art after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly period and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel you Monthly Subscription renewal.
Cancellation Policy for Monthly Subscription Renewals
To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there or (ii) send us a message at firstname.lastname@example.org and we will do it for you. We will be in contact about scheduling a collection as close to the end of the monthly billing period as possible. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods.
Should you fail to make a monthly payment we will attempt to contact you to ensure you maintain an active subscription. If a payment isn’t made within 7 days from the miss payment date you subscription will be cancelled and we will come collect the Artwork at reasonable working hours.
Max Term per Piece
You can subscribe to one piece up to a 12 month period. Following a consecutive 12 month period you have to rotate the artwork with a new piece or purchase the piece if you would like to keep it.
- not interfere with the Artwork, remove any labels from it or otherwise tamper with it, clean it or any part of it or reframe it or allow anyone except our representative to do any of these things.
- display the artwork only in accordance with any instructions we may give you, and will keep it in your possession at the specified shipping address in your user profile, and will not move it from that address without first obtaining our written consent.
- permit our representatives access to the address in your user profile at all reasonable times for the purpose of inspecting, repairing or removing the Artwork
- notify us immediately of any loss or damage to the Artwork however caused
- not sell, underlet, release from your possession or dispose of the Artwork, nor allow it to be seized in satisfaction of your debts or for any other legal process; and
- compensate us for all losses, costs, claims, damage and expenses howsoever occasioned by your breach of the terms of this agreement
All prices include initial delivery and collection charges unless otherwise stated. Each subscription includes at least additional Artwork rotation (collection and delivery) every 12 months period. All prices include VAT unless otherwise stated.
- We deliver by FedEx, UPS, Weengs and via selected courier companies
- We will determine whether your order will be deliver by FedEx, UPS, Weengs or by courier and will communicate this clearly post check out.
- In the event of a delay by FedEx, UPS, Weengs or a courier, we are unable to offer a refund or to resend your delivery.
- Although our team will always try our best to ensure punctual delivery for our customers within 10 business days of subscriptions, Why Not Art cannot be held responsible if a delivery arrives late due to any circumstances impacting the availability of the postal service that we use or anything else outside of Why Not Art’s control.
- In the even of a non-delivery (Artworks not having arrived 3 days after their intended delivery date), please contact Why Not Art at email@example.com. It is the customer’s responsibility to contact us within 7 days of the scheduled delivery date in order to claim a refund. Failure to do so will result in the lapse of any rights to a refund.
- Why Not Art only delivers within the United Kingdom and the Netherlands. We can deliver to any address within the United Kingdom and the Netherlands, but we do not deliver to PO boxes and BFPO addresses or to The Channel Islands.
- We reserve the right, at our absolute discretions, to use a different delivery method without prior notification
We will insure the Artwork against loss or accidental damage. There are some exclusions from cover. If the artwork is deliberately damaged you will have to pay us the cost of the damage. If the Artwork is stolen or lost resulting from your dishonest or in circumstances in which you were in breach of this agreement you (for example whilst changing location of the Artwork without our permission) you will have to pay us the value of the Artwork. We will determine the value of the Artwork and the cost of the damage, acting reasonably.
We will charge you an administration fee of £150 if a claim is made for the loss or damage to the Artwork, which occurs while the Artwork is in your possession.
6. Intellectual property rights and trade marks
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
is an EU registered trade mark of Why Not Art Ltd.
7. Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of any websites linked on our Site from time to time. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, devices, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly 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.
9. Linking to our 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.
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 to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org.
10. Third party links and resources in our Site
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those websites or resources.
11. Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
12. Applicable law
13. Contact us
To contact us, please email email@example.com
Thank you for visiting our Site.