Terms of Service

Transaction Terms & Conditions

1. User Acceptance

Art by Kayur located at Sedgefield House, Sedgefield Drive, Thurnby, Leicester LE7 9PSE and its website www.artbykayur.com provides service to you subject to the following Terms and Conditions, which may be updated by us on a regular basis and without notice.

These Terms and Conditions constitute a binding agreement between [company name] and you governing your use of the Website. By using and/or visiting the Website, you agree to both these Terms and Conditions and to the Privacy Policy (the “Privacy Policy”), which is available at https://www.artbykayur.com/privacy. This link can also be found on the Art By Kayur website homepage for review.

Before you may use or become a member of the Website, you must read and accept all of the Terms and Conditions and Privacy Policy. As you read this Agreement, you should also access and read the linked information.

You are only authorised to use the Website if you agree to abide by all applicable laws and these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website or any of Art by Kayur associated properties.

Summary of some of your key rights:

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:

—up to 30 days: if your goods are faulty, then you can get a refund;

—up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;

—up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

This contract sets out:

your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.

2. Definitions:

In this agreement:

“We”, “seller”, “us” or “KayurKotecha.com means the company Murus.art Limited
“You” means any visitor to our website/our customer.
“Buyer” means the person whose name is printed on the Order
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Goods” means any of the goods we offer for sale on our website.
“Order” means the Buyer’s Order for Goods or services
“Price” means the price together with postage and packing in force at the date and time of the Order
“Receipt” means the date when the Order has been delivered to the buyer
“Defective” means containing a fault or defect
“Carrier” means any person or business contracted by us to carry goods from us to you.
“Our website” means the entire computing hardware and software installation that is or supports our website.
“Content” means information in any form published on our website by us or any third party with our consent.

3. Sales of Goods by Art by Kayur

Goods advertised may not be available due to the nature of the goods being “limited edition”.

We shall accept your order by email confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order in a separate email. This is when our contract is made.

We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order any goods. We recommend you retain a copy of these terms in force at the time of your purchase for your records.

All descriptions and dimensions of goods are those of the original artist and you may not rely on their accuracy. While we try to make sure that all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance in such weights, sizes and measurements in the goods. We also note that whilst the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use. All images are representative as close as possible to artwork but colours may vary in real life due to the nature of reproduction images. Artwork white borders may not be to scale and are illustrative only.

If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:

Accept the alternatives we offer;
Cancel your order;
Leave the order valid, but tell us to omit the out-of-stock item.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

If we owe you money, we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 30 days from the date of your order.

4. Price and Payment

The Buyer must pay us the full price of your order before we will send any part of it.

Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds sterling will be borne by you.

The Buyer will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

The Buyer undertakes that all details provided to Art by Kayur for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of Art by Kayur and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. [company name] reserves the right to obtain validation of the Buyer’s credit card or debit card details before accepting the Buyer’s Order.

Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Art by Kayur. Art by Kayur reserves the right to reject any Order based on erroneous pricing, discounts, or promotions.

5. Delivery

Art by Kayur will endeavour to process and ship the purchase Order within 14 days of Order Confirmation.

Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and Art by Kayur will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.

Due to the original nature of limited-edition prints, and the processes involved, delivery time may vary due to the unique nature of the goods. We will advise you of expected delivery if it falls outside of this.

Delivery of the Goods will be made by the carrier to the address stipulated in your order. The Buyer must ensure that someone is present to accept delivery.

If you order a number of Goods we will contact the Buyer if for whatever reason they cannot be delivered together.

The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.

If the Buyer wrongfully fails to take delivery of the Goods, Art by Kayur shall be under no obligation to refund the Price.

6. Risk of Damage and Transfer of Goods

Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from Art by Kayur until the Art by Kayur has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to Art by Kayur in respect of the Contract or any other Contract between Art by Kayur and the Buyer.

7. Returns, Refunds, Exchanges and Cancellations

When buying Goods online, you have a right of cancellation. Please see clause 7.1 below for cancellation of purchases of prints. All cancellations must comply with the following conditions:
(i) Return the Goods to Art by Kayur in the condition it arrived in, via the instructions that Art by Kayur sends following your email within 14 days of notification.
(ii) All Goods must be returned at your own risk and cost in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
All correspondence regarding the return of goods shall be carried out between you and us.
After we have received the goods, we will credit your account with the full purchase price of the goods returned, less/excluding the postage costs.
If you do not return the goods to us, you are still liable to us for the cost.
We are under no obligation to collect or recover goods from you.
In any event, you may not cancel or return any commissioned or personalised orders.

8. Cancellations of prints:

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day you purchase the goods.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (i.e. a notification sent by email).

You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form

Art by Kayur, Sedgefield House, Sedgefield Drive, Thurnby, Leicester LE7 9PS

info@artbykayur.com

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods [insert details of items purchased], ordered on [insert date].

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper),

Date:

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Your right as a consumer to change your mind does not apply in respect of products personalised, bespoke or made as per your particular instructions.

9. Disclaimers

This site and the materials, products and services in this site are provided on an “as is” and “as available” basis.

KayurKotecha.com or our content suppliers may make improvements or changes to our website, the content, or to any of the goods at any time and without advance notice. You are advised that content may include technical inaccuracies or typographical errors.

KayurKotecha.com give no warranty and make no representation, express or implied, as to:

The adequacy or appropriateness of the goods for your purpose.
Any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose.
Compatibility of our website with your equipment software or telecommunications connection.
Non-infringement of any right.
Our website contains links to other internet websites. Murus.art has neither power nor control over any such website. You acknowledge and agree that Murus.art shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

KayurKotecha.com are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise arising out of or in connection with your use of our website or the purchase of goods.

In any claim against KayurKotecha.com our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

10. Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

11. Rights of Third Parties

Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the contracts (Rights of Third Parties) Act 1999.

12. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13. No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14. Dispute Resolutions

In the event of a dispute arising out of or in connection with these terms or any contract between you and KayurKotecha.com, then you agree to attempt to settle the dispute by engaging in good faith with Art by Kayur in a process of mediation before commencing arbitration or litigation.

15. Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

16. Governing Law

This agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action. arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that Art by Kayur has the right at its sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.

International Shipping; Custom & Import Charges

Please note that shipment to non-UK countries may be subject to customs and import duties and tax. These additional charges are exclusive of the delivery charge and must be paid by the customer. Art by Kayur has no control over these charges and bears no responsibility.

Website Terms & Conditions

1. Content and Intellectual Property Rights

Title, ownership rights and intellectual property rights in the content whether provided by KayurKotecha.com, or by any other content provider, shall remain the sole property of Art by Kayur and/or the other content provider. KayurKotecha.com will strongly protect its rights in all countries.

You may not copy, modify, publish, transmit, transfer or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
1. You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not electronically store any significant portion of any content.
2. You agree that all copyright, trademarks and other intellectual property rights in the material or content of this site shall remain at all times vested in Art by Kayur or it’s licensors.
3. You agree that the content of this site is made available for you in your personal capacity and for your personal use only.
4. You agree that you may only download the content of this site onto one computer hard drive, but not for commercial use, and that any other use of the content of the site is strictly prohibited.
5. You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this site.
6. You agree that you will not change, in any, way any proprietary notices from material downloaded from this site by you for your non-commercial, person use.
7. You agree that by the act of posting materials onto this site you grant Art by Kayur and any licensors an irrevocable, perpetual, royalty-free worldwide license to use the said materials in any manner which KayurKotecha.com see fit. The license will include broadcasting, editing, copying, distributing and otherwise transmitting the material.

2. Uploading Materials to Our Site

When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.

Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third-party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy (see below).

3. Trademarks

The trademarks, logos and service marks used and displayed on this website are, unless otherwise specified, the trademarks of Art by Kayur. No rights are granted to use any of them without the written permission of Art by Kayur.

4. Copywright

The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Art by Kayur.

5. Contractual Limitations

Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

6. Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
1. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. loss of goodwill;
  7. wasted management or office time; and
  8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

7. Indemnity

You agree to defend, indemnify and hold harmless KayurKotecha.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Art by Kayur, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

your use of and access to the Website
1. your violation of any term of these Terms and Conditions
2. your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
3. any claim that any of your Content or Art caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.

8. Ability to Accept Terms & Conditions

9. Rights of Third Partys

Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the contracts (Rights of Third Parties) Act 1999.

10. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and Art by Kayur, then you agree to attempt to settle the dispute by engaging in good faith with KayurKotecha.com in a process of mediation before commencing arbitration or litigation.

11. Governing Law

Acceptable Use Policy

This is the acceptable use policy, which, together with our Terms and Conditions, sets out the terms under which we Art by Kayur allow you to use our site www.artbykayur.com whether you are a visitor or a registered user. All enquiries should be directed to info@artbykayur.com. Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.

1. Prohibited Uses of Our Site

Whether you are a visitor or registered user, you must comply with our terms of website use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:

Any fraudulent activity
1. Any activity which breaches any applicable law or regulation, whether national or international
2. Any activity which may cause or result in harm to a child under 18 years of age
3. Sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent
4. Reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use
5. Knowingly introducing to our site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful
6. Attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
7. Attacking our site via a denial-of-service attack or a distributed denial-of service attack.

2. Contributing and Interacting

info@artbykayur.com may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.

In addition, any contribution or interaction must not include any material which (without limitation):

Is defamatory, obscene, offensive, hateful or inflammatory
1. Is, or refers to material which is, sexually explicit
2. Promotes violence, illegal activity or any form of discrimination
3. Infringes any other person’s copyright, database right or trademark
4. Threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so
5. Advocates, promotes or assists any illegal activity
6. Is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence)
7. Invades another’s privacy or cause inconvenience or anxiety to any person
8. Is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
9. Gives the impression that the material emanates from us, if this is not the case.

3. Moderation

If KayurKotecha.com at any time use our site to provide users with any interactive service, the following moderation provisions will apply:

We will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated.
1. If moderation is in place, we will give you a means to contact the moderator.
2. Although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
3. Children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.

4. Breaches of this Policy

Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.

5. Amendments

Please check this page regularly, as Art by Kayur may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.