TERMS AND CONDITIONS
Bamalam Art & Design – www.bamalamart.com
Terms and Conditions for Use and Sales
These terms and conditions were last updated on 26th April 2023
1.1 These terms & conditions set out the terms between you the customer (YOU/YOUR) and us the website owner (WE/US/OUR)
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 It is your responsibility to check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer, you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately via email.
2.4 Our website is only intended for use by adults aged 18 or over. By using this website you warrant and represent that you are at least 18 years of age.
2.5 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.6 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Product Pricing, Title & Details
4.1 We make every effort to ensure that the pricing displayed on our website is correct, and that the title and product details correctly describe the products on our website. However, if an error in the pricing or details of a product is found, we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We are not responsible for the handling of products you may purchase on third party sites linked to our website.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment.
5. Your Order
5.1 When you place an order for a digital product from our website you will automatically receive a confirmation email to confirm your order.
5.2 Your purchase will be available for download when your payment is cleared.
5.3 Links to your downloadable purchases will remain in your account for 30 days.
5.4 In case of circumstances beyond our control that result in a loss of your account information and purchase history, it is your responsibility to download and save your digital purchases to your computer or device immediately upon purchase.
5.5 Digital products can not be refunded once downloaded. If you make a purchase in error, you must contact us immediately, without downloading that product.
5.6 If you encounter a problem with your digital purchase, we will work, to the best of our ability to solve your issue. If within a reasonable time frame, we are not able to resolve your issue, a partial or full refund may be offered. All refunds are made at our discretion.
5.7 Our website contains links to third party websites and/or advertisements for third parties. These websites are not owned or controlled by us and we assume no responsibility for the content, privacy polices, or practices of these websites or advertisements. In addition, we will not and cannot censor or edit the content of any third party website. By using our website, you acknowledge and agree that we shall not be responsible for your use of any third party website. You agree that you use all third party websites and advertisements at your own risk and you should apply a suitable level of caution and discretion in doing so. We will not be held responsible for any damages or injury you may incur through your breach of third party terms and conditions.
5.8 In the case of purchases made from third party links accessed through our website, it is your responsibility to read the third party's Terms and Condition, Privacy Policies and Data Gathering information, and make informed decisions as to creating an account and making purchases from that third party.
6. Shipping and Customs Duty
6.1 All orders for physical products are made through third party websites and it is your responsibility to read the shipping polices and customs information of those third party websites.
6.2 We are not responsible for the confirmation emails, shipping information, customs duties, tracking numbers, after sales process or refund polices of any third party websites.
6.3 Once you follow the links to third party sites and create accounts or make purchases with third parties, you are agreeing to the terms and conditions of that third party website and entering into a contract with the third party.
6.4 You agree that you use all third party websites at your own risk and that Bamalam Art & Design is not responsible for any damages, injury, additional fees or losses incurred by you through use of third party websites or breach of third party terms and conditions.
8. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
9.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
9.2 This licence allows you to download and cache (using your browser) individual pages from our website and to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us.
9.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
9.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
9.5 Our website cannot be placed within the frame-set of another site.
9.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission.
9.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
9.8 This website is provided ‘as-is’ without any representations or warranties, express or implied and we make no representations or warranties in relation to this website or the information and materials provided on this website. In particular but without prejudice to the generality of the foregoing, we do not warrant that this website will be constantly available, or available at all, or that the information on this website is complete, true, accurate or non-misleading.
10.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
10.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
11. Product Licence
All digital products are covered by our Commercial Licence unless otherwise stated. By purchasing and downloading our digital products you are agreeing to the terms of our Commercial Licence. For details please see our Licence Policy.
12. Limitations and Exclusions of Liability
12.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
12.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
12.3 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
12.4 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
12.5 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
12.6 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
18. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
19. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
20. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England.
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