INTRODUCTORY

These are the Terms and Conditions of Use (“Terms“) for xuanminhoang.co.uk. When we say “Site” we mean the xuanminhhoang.co.uk website, as well as our social media content. Our Site is owned and operated by Xuan Minh Hoang (“we“, “us” or “our“).

Please read these Terms and look out for changes as the latest version always applies. By continuing to use our Site and/or Services, you’ll be considered to have accepted these Terms. If you do not follow these Terms we may stop you using the Site and our Services.

OUR SITE AND SERVICES

We provide artwork and related products, as well as a mailing list related to the foregoing (collectively with any further or additional services that we may introduce from time to time, the “Services”).

Our Site and Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Any persons who choose to access our Site and Services from locations other than the United Kingdom do so upon their own initiative and are responsible for compliance with law and regulation of their jurisdiction to the extent applicable.

OUR CONTENT AND MARKS

We are the owner or licensee of all intellectual property rights used on our Site and in our Services (the “Content”), including any trademarks, service marks and logos (the “Marks”).

Our Content and Marks are protected by intellectual property laws in the United Kingdom (English law) and in other jurisdictions.

YOUR USE OF OUR SITE AND SERVICES

Our Site and Services are for your own personal and non-commercial use only. We grant you a non-exclusive, non-transferable, revocable license to access the Site and use the Services, provided it is solely for your own personal and non-commercial use.

Except as set out herein, no part of our Site or Services, including any Content and Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

TERMS AND CONDITIONS OF SALE

Placing an order

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.

When you order through the Website you will need to provide us with certain compulsory personal information in order for us to process your order. Please read our Privacy Policy to see how we collect, use and protect your personal information.

Acceptance of your order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s). This will ordinarily be no later than 2 weeks after we have received payment from you, unless otherwise stated in relation to the relevant product. Prior to despatch of the product(s), we have the right to decline an order for any reason, including legal and regulatory reasons.

The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.

If we cannot supply you with the product you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, we have the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that we shall not incur any liability in such circumstances.

Payment for your order

Accepted payment methods: You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. We reserve the right to change the payment methods at any time but this will not affect any existing order. The availability of a certain payment method may depend on your geographical location.

Payment: If you place an order on our Website, then you acknowledge and agree that: (i) you will be charged you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that our payment service provider may use tools, software or services of payment processors to process transactions; and (iv) if your payment is not received from your card issuer, you agree to promptly pay all amounts due upon request and using the method that we reasonably prescribe.

Currency: The price of products is in GBP and all payments will be made in GBP. Any exchange rate will be based on mid-market rates at the time and in accordance with Stripe’s terms and conditions.

Taxes: For certain shipping destination countries and/or products, you may be offered the option to pre-pay applicable taxes, which will then be calculated and included in the final price when you place an order through the Website. You acknowledge that such taxes are set by the shipping destination country and therefore may vary from country to country.

The option to pre-pay taxes may not be available for your shipping destination country and/or your products, in which case: (a) you acknowledge that the amount of any taxes displayed under the pre-pay option on the Website is an estimate only, and the actual taxes payable by you may be more or less than such estimate; and (b) you will be fully responsible for paying all applicable taxes directly to the relevant authority (and for reclaiming them in the event of a cancellation of your order or the return of products, to the extent permitted in these Terms) as determined by the authorities of the shipping destination country, and we shall have no responsibility or liability in connection with the foregoing.

We do not have any contracts in place with any local licensed customs broker in your country. You will therefore be entirely responsible for the payment of any export, customs or import charges or duties that may be payable.

Delivery and collection

Delivery charges and timescales vary depending on the type of products ordered and the delivery address. In any event, we expect goods to be delivered within 30 days, unless agreed otherwise or unless otherwise stated in the product information (including, but not limited to, certain canvas artworks, which, due to existing contractual commitments with an art agency that has certain rights to display such canvas artworks, we expect to be delivered within 60 days).

Please note that certain products may be subject to alternative delivery charges, restrictions and/or timescales. If so, we will inform you of such charges, restrictions and/or timescales at the time of purchase.

If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, we reserve the right to deduct the cost for returning products from the your refund for the order.

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.

You may elect to collect the purchased item in person from a physical location agreed in advance of sale. Please use our contact page to make any such arrangement prior to purchase.

Where the supply of your product(s) is delayed or prevented for reasons beyond our control we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

Refund policy

All sales are final and no refund will be issued except as provided by law or as otherwise set out in these Terms.

Under UK law, for example, you can cancel your order up to 14 days after your order is delivered. You do not need to give a reason for cancelling.

Damaged or incorrectly supplied products

You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must inform us of the details of any damage or error in supply by email within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.

In the case of damaged or incorrectly supplied goods, we will offer you a refund or an alternative equivalent item. Any refunds will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.

Product and service description

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described and depicted.

However, when ordering products or services through the Website, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this Website;
• the weights and dimensions shown on the Website are approximate only;
• the weights and dimensions shown on the Website are approximate only;
• whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product; and
• all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher value.

USER REPRESENTATIONS

By using our Site and/or Services, you represent and warrant that:

• You have the legal capacity and you agree to comply with these Terms; 
• You are not a minor in the jurisdiction in which you reside; 
• You will not access the Site or Services through automated or non-human means; 
• You will not use the Site or Services for any illegal or unauthorised purpose, including none of the prohibited activities listed below; and 
• Your use of the Site and Services will not any applicable law or regulation. 

Where we have granted you an account to access or utilise any part of our Site or Services, you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.

PROHIBITED ACTIVITIES

As a user of the Site and/or Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from us; 
• Trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information or personal information with the intent to inappropriately or unlawfully use such information; 
• Circumvent, disable or otherwise interfere with security related features of the Site or Services; 
• Disparage, tarnish or otherwise harm us and/or our Site or Services; 
• Use any information obtained from our Site or Services to harass, abuse or harm another person; 
• Make improper use of our support services or submit false reports of any kind; 
• Use the Site or Services in a manner that contravenes any applicable laws or regulations; 
• Engage in unauthorised framing or linking to the Site or Services; 
• Upload or transmit, or attempt to upload or transmit, any viruses or other malware or to take any action that may interfere with any other party’s uninterrupted use and enjoyment of our Site and Services or which otherwise modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site or Services; 
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; 
• Delete any intellectual property notice from any Content; 
• Attempt to impersonate another person or use the username of another user; 
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, such as spyware; 
• Interfere with, disrupt, or create an undue burden on the Site or Services or the networks or services connected to the Site or Services; 
• Harass, annoy, intimidate or threaten any other user; 
• Attempt to bypass any measures designed to prevent or restrict access to the Site or Services or any portion thereof; 
• Copy or adapt, decipher, decompile, disassemble or reverse engineer, the Services’ software, except where licensed by us and as permitted under the terms of any licensor or where permitted by applicable law; 
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, such as any spider, robot, cheat utility, scraper or offline reader that accesses the Site and/or Services, or use or launch any unauthorised script or other software; 
• Use a buying agent or purchasing agent to make purchases on the Services; 
• Make any unauthorised use of the Site or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; or 
• Use the Site or Services as part of any effort to compete with us or otherwise use the Site, Services, Content and/or Marks for any revenue generating endeavour or commercial enterprise. 

THIRD PARTIES AND EXTERNAL LINKS

We are not responsible for third party content or liable for anything that happens if you choose to use third party websites, including when you access their website or services through links that we provide on our Site or through our Services. You should read their terms and conditions and privacy policies carefully. You will be bound by those terms and conditions, and any personal information you give them will be used in line with their privacy policies, not ours.

If you link to our Site, you will need to follow these Terms and any relevant laws. You are also not allowed to pretend to be us, or suggest that you are endorsed by us, or connected to us, or link to us from content that could be offensive.

PRIVACY POLICY

Please read our Privacy Policy to see how we collect, use and protect your personal information.

SERVICES MANAGEMENT

We reserve the right but not the obligation to: (1) monitor the Services for violations of these Terms; (2) take legal action against anyone who, in our opinion, violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your user content or any part thereof or your access to our Site and/or Services; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our Site; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

TERM AND TERMINATION

These Terms remain in full force and effect while you use the Site and/or Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Site and/or Services to any person for any reason or for no reason.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the contents of the Site and/or Services at any time and for any reason without notice. We have no obligation to update any information on our Site or Services. We will not be liable to you or any third party for any modification, change, suspension or discontinuance of the Site and/or Services.

We cannot guarantee the Site and/or Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site and/or Services, resulting in interruptions, delays and/or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site and/or Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to main and support the Site and/or Services or to supply any corrections, updated or releases in connection therewith.

DISCLAIMER

There may be information on the Site or in our Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any such errors, inaccuracies or omissions and to change or otherwise update information on our Site or in our Services at any time without notice.

The Site and Services are provided on an ‘as-is’ and ‘as-available’ basis. You agree that your use of the services will be at your sole risk. We disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof. We make no warranties, express or implied, about the accuracy or completeness of the Site or Services or of any website or service linked to from our Site or Services. We will assume no liability or responsibility for any: (1) errors, mistakes or inaccuracies of content and materials; (2) personal injury or damage resulting from your access to and use of the Site and/or Services; (3) any unauthorised access to or use of our servers and/or any and all personal or other information stored therein or thereon; (4) any interruption or cessation of transmission to or from the Site or Services; (5) any bugs, viruses or other malware which may be transmitted to or through the Site or Services by any third party; and/or (6) any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site or Services. We do not endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or Services, any hyperlinked website, or any website or application featured in any banner or other advertising, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your own best judgement and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will Xuan Minh Hoang be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or Services, except where such limitation of liability is not permitted by law. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.

INDEMNIFICATION AND COMPENSATION

You agree to defend, indemnify and hold us harmless, including any subsidiaries or affiliates we may have, and all of our shareholders, officers, directors, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including attorney fees and expenses, made by any third party due to or arising from your: (1) use of the Site and/or Services; (2) breach of these Terms; (3) breach of your representations and warranties in these Terms; (4) violation of the rights of a third party; (5) overt harmful act toward any other user of the Site and/or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, or proceeding which is subject to this indemnification upon becoming aware of it.

You agree to compensate us for any liability or cost we may face as a result of: (1) any content that you post on our Site and/or Services, or via any other communications systems; (2) any actions you take that disrupt access to and/or the functioning of our Site and/or Services; or (3) any breach by you of your obligations under these Terms.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site and using the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or complete by us or via the services. You waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

The Terms are a contract between you and us about your use of our Site. No one can enforce any parts of these Terms for you.

You waive any and all defences that you may have based on the electronic form of these Terms and the lack of signing by parties hereto to execute these Terms.

There is no joint venture, partnership, employment or agency relationship created between you and us through these Terms or your use of our Site and/or Services.

Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision.

We may assign any or all of our rights and/or obligations to others at any time.

If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

English law governs these Terms and only the English courts can resolve any dispute between us in connection with these Terms.

HOW TO CONTACT US

Please contact us via our contact page.