Modern Scottish Art

Terms and Conditions

The Modern Art by Post website is owned and operated by Mrs Bern Ross (hereafter referred to as “MAbP”, "we," "us," or "our") who resides at 6 Westfield Court, Stonehaven, Kincardineshire, AB39 2JW. If you wish to contact us, you may in the first instance, e-mail us via the Contact Us page. Under normal circumstances, our emails are monitored several times per day, so someone should be able to reply to you within a reasonable time span - we aim to reply within 24 hours. If your enquiry is exceptionally urgent, you may telephone (during Office Hours) on 01569 764500 or text 07789 748361. Please leave a message with your contact telephone number if there is no one available to take the call immediately, and we will call you back.
Office Hours are: Monday to Friday 0900 hrs – 1600hrs GMT.
All content on the Modern Art by Post website including and without limitation, names, logos, trademarks, service marks, images and illustrations, text and information, video or sound are protected by copyrights and other intellectual property rights owned and controlled by Modern Art by Post. All rights reserved.
Artists retain copyright to their own work at all times, unless they have expressly granted, in writing (and often for a fee) permission to use one of their images.
All images and artists' written content shown on this site are copyright to the individual artists and may not be downloaded, copied or reproduced in any way without the express written permission of the artists concerned. The copyright of any and all such content and images will be protected by the artists with recourse to legal action if necessary.
No website content may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed in any way, or otherwise used for any purpose without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the contents on Modern Art by Post website, except in areas designated for this purpose. Any unauthorised attempts to modify, to defeat or circumvent our security features, or to utilise the Modern Art by Post website for other than the intended purposes, are prohibited. Please report to us any material on the website which you believe may infringe your copyright, or cause offence. You may not use or reproduce any trademarks appearing on our Site for any purpose without the prior agreement of the relevant owner.
Purchasing An Artwork
Please see our Information page on how to purchase an Artwork, which includes details of how to pay, returns & cancellation, and forms part of Modern Art by Post’s General Terms & Conditions.
The Paintings
Modern Art by Post is a privately run website and any artwork that might in the future be displayed on the site is the sole responsibility of the specific artist. Any artwork submitted to Modern Art by Post should be appropriate to the site’s aims and objectives, i.e. to provide a platform or ‘shop front’ for excellent modern art; and to sell modern art direct to the buyer. The proprietor will not consider any artwork which:
    - May constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening.
    - May infringe any intellectual property or other right of any entity or person.
    - May violate any applicable law or advocates illegal activity.
    - Advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity, other than the purpose for which the Modern Art by Post website has been designed, and that any such commercial activity lies strictly within the law and the Terms & Conditions of use of the website.
    -  Includes programs which may contain viruses, worms, Trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication.
    -  Disobeys any policy or regulation established from time to time regarding use of the Modern Art by Post website or any networks connected to the website.
    - Contains links to other sites that contain the kind of content that falls within the descriptions set out in the points above.
We will cooperate with any legal authorities and comply with any court order requesting or directing us to disclose the identity of anyone posting content in violation of any applicable local laws. We reserve the right, at our sole discretion, to remove or disable access to any content posted on or to our site, including without limitation content posted by you to a message board or chat room if we believe that content violates any of the above policies or infringes any intellectual property rights.
 DISCLAIMER OF WARRANTIES AND LIABILITY
 You expressly agree that your use of the Modern Art by Post website, the content and any products or services purchased on or through the Modern Art by Post website is at your own risk.
Modern Art by Post cannot warrant that this website will be available uninterrupted or error free at all times. We will, however, endeavour to correct errors as soon as we are made aware of them, within the time constraints placed upon us by our Web Hosting providers.

Modern Art by Post, its agents, employees and any person involved in the creation, production and distribution of this website, shall not be liable for:

- Any claims, liability, or direct/indirect, punitive, actual, incidental, consequential, special, exemplary or other damages resulting from your purchase of any product or services on the Modern Art by Post website, or from any use of any content or systems.
    - Defects, delays in operation, transmission failure, system downtime, or other failure or performance on the Modern Art by Post website or the Internet.
    If applicable law does not allow the exclusion of some or all of the above limitations or liability to apply to you, then the limitation will apply to you only to the extent permitted by applicable law. If any provision of these terms and conditions shall be unlawful, invalid or unenforceable, then the remainder of the agreement shall remain valid and enforceable.
    Any advice, recommendation, representation or other information given by us concerning the products, which is not confirmed in writing is given on an informal basis and shall not form part of the relationship between us.
    Modern Art by Post may remove or modify any content or functionality at any time, without notice or liability, at its sole discretion. Any use of the Modern Art by Post website will be at your own risk and will be subject to the disclaimers and limitations set out above.
 Indemnification
You will indemnify and hold harmless Modern Art by Post, it’s officers and directors from and against any and all claims, losses and damages (including reasonable legal fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including and without limitation from your placement or transmission of any content onto Modern Art by Post
 Data Protection
In line with current Data protection legislation, any information you provide to Modern Art by Post will be treated in the strictest confidence with respect to Privacy. Please see our Privacy Policy for more details.
 Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Scotland. All parties agree to submit to the exclusive jurisdiction of the Scottish Courts. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provisions. These General Terms & Conditions of Use set forth the entire agreement regarding all of the matters discussed herein. Modern Art by Post reserves the right to change these Terms and Conditions at any time, and those that are available on the Site at the time you are using it, will be those that apply. We therefore recommend that you check from time to time for any changes/updates.
 We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on 12th June 2016

 

© 2016 Modern Art by Post. All rights reserved.
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For info about shipping and returns please see this page

Privacy
 At Modern Art by Post, www.modernartbypost.com , we are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you to process your order and also to enable us to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future. The type of information we will collect about you includes:
    Your name and address
    Telephone number
    Email address
    We also keep a record of any e-mail correspondence  that you send us in order to keep track of any problems,  comments or concerns you may raise regarding use of the Website.
 We will never collect sensitive information about you without your explicit written consent. The information we hold will be accurate and up to date.
How we may use the information we hold about you:
- to answer your queries or complaints; to carry out general administration; for general statistics and research; for obtaining any relevant professional advice;
- When required by law or in connection with legal proceedings (including where we intend to take legal proceedings), or as may be necessary to establish, exercise or defend our legal rights.
- We may also give your information to third parties who may take over part or all of the Modern Art by Post website in the future, but only for the purposes outlined in this privacy statement.
 Protecting your personal information
All parties with access to your information are subject to confidentiality obligations. If you think someone else knows your password, or is using it, tell us immediately and we will send you a new password. Even though we take appropriate technical steps to protect your security, you should remember that data transmission over the internet cannot always be guaranteed as 100% secure so you use the website at your own risk.
 Keeping your personal data
We keep personal data for as long as is necessary to fulfil the purposes we collected it for, as required by law; or to enforce or defend legal claims.
 Requests for Copies of Information Held
You can check the information that we hold about you by writing to us at our Head Office. If you find any inaccuracies we will delete or correct it promptly.
 This does not affect your rights or any of the aforementioned statements or intentions.
 If you have any questions/comments about privacy, you should contact us through the contacts page.
 Thank you for visiting Modern Art by Post