Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Thomas Barkie’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company Thomas Barkie, company number 70180245, VAT no NL002335869B62. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Thomas Barkie as they are used to protect your rights as a valued customer and our rights as a business.
Product information
Thomas Barkie takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given. We cannot guarantee that the colours in the photographs on the website are an exact reproduction of the colours in our artworks. This may depend on the colour reproduction of your device on which you are watching the product.
Availability
We will always endeavour to fulfil your order as soon as it has been completed and paid for. We always try to deliver the product to you within 2 -3 weeks after purchase. If this is not possible, we will contact you and try to find a solution. If a product is no longer available after your order has been confirmed and paid for, we will refund the amount you paid for the product within 30 days of the date of payment.
Delivery/Shipping
Your order will be delivered to the address you indicated when your order was placed. Products purchased from Thomas Barkie will be delivered to the address provided by you. We ship worldwide, send me a message and we will make it possible for you.
Thomas Barkie makes every effort to respect the delivery times indicated on the website. However, we cannot be held responsible for the consequences of late delivery or the loss of a parcel by a third party responsible for its delivery, by you, or by an unforeseen event or a case of force majeure. In the event that you do not receive your package, an investigation will be carried out with the carrier and this may take several days after receipt of your claim. No refund or redelivery will be made during this investigation period.
Right of Return
We understand that you may change your mind after purchasing a product. We accept orders that are cancelled within 24 hours of purchase. We do not accept returns because every artwork is unique and made on request. If there is a problem with the product, we will gladly exchange or replace your product, including a refund of the shipping costs.
Secure payment
Thomas Barkie currently offers Paypal, ApplePay and Creditcard to pay for your order. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Thomas Barkie is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to Paypal, ApplePay and Creditcard for full terms and conditions of use.
Intellectual ownership
All the content on Thomas Barkie website (illustrations, texts, names, brand names, images and videos) is the property of Thomas Barkie. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorisation by Thomas Barkie. All information, content and files is protected by International law concerning intellectual ownership and copyright.Thomas Barkie cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Thomas Barkie will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
Access to the Website
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Thomas Barkie by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Thomas Barkie in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.
Changes to the Terms of Service and the Website
Thomas Barkie is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.