Customer Terms Of Use

Purchase Terms & Conditions 

1. INFORMATION ABOUT US

SOTA Marketplace (State Of The Art Marketplace) are registered in England and Wales under company number 13132003

2. SERVICE AVAILABILITY

Our site is intended primarily for use by people who reside within our payment provider, Shopify Payment’s registered countries.

3. YOUR STATUS

By placing an order through our site, you warrant that:

• you are legally capable of entering into binding contracts
• you are at least 18 years old
• you are resident in either the UK or another Shopify approved state; and
• you are accessing our site from the UK or another Shopify approved state

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE ARTIST

4.1 After placing an order, you will receive an email from us confirming that your order has been accepted or not by the artist (Order Confirmation). The contract between the artist (Contract) will only be formed when we send you this Order Confirmation.

4.2 The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

5. CONSUMER RIGHTS

5.1 This section applies only to individuals who order from us. It does not apply to business or commercial customers or those individuals who purchase a Product for business or commercial use.

5.2 If you are contracting as a consumer, you may cancel a Contract at any time within 7 days dependent on the artist’s returns policy or if your order has been damaged, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy. 

5.3 To cancel a Contract, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resalable condition and undamaged in any way.

5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your statutory rights.

6. PRODUCTS

6.1 All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.

6.2 Price and availability is also subject to change without notice. We may correct any errors or withdraw any product from sales at any time without incurring liability. 

6.3 When buying an item, you agree to comply with the following:

• you are responsible for reading the full item listing before making a commitment to buy;
• you enter into a legally binding contract to purchase an item when you commit to buy an item

7. DELIVERY

7.1 We deliver to any address in the UK. The cost of delivery will be shown at the checkout. It is up to the artist's preference whether they ship to international postcodes. SOTA nor the artist are responsible for income duties or taxes. 

7.1.2 Whilst we try and ensure that all shipping prices which appear on this Website are accurate, errors may occur or charges might be higher in remote areas of the delivery network. If we discover an error in the price which you have paid we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. 

8. PRICE AND PAYMENT

8.1 You will be charged the current price for goods from our website at the date you place the order. All prices are displayed on our Website. We reserve the right to change prices at any time without notice to you, save that any changes will not affect orders in respect of which you have recieved an Order Confirmation.

8.2 Payment can be made via Shopify payments who charge 2% on all transactions.

8.3 Delivery costs will be applied at the checkout.

8.4 In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched), then you will receive a full refund.

8.5 Shopify payments charge currency conversion fees dependent on the customer’s location. As a result, all products will be marked up to cover this international fee.

9. DISCOUNT CODES

9.1 Discount codes may redeemed online at checkout. The discount code is applicable to full price products and is not redeemable against Sale or Promotion items.

10. OUR REFUNDS AND RETURNS POLICY

Please consult our returns policy page.

11. OUR LIABILITY

11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and fit for all the purposes for which products of the kind are commonly used.

11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

11.3 This does not include or limit in any way our liability:

• under section 2(3) of the Consumer Protection Act 1987
• for fraud or fraudulent misrepresentation
• for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

12. WRITTEN COMMUNICATIONS

12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. In the event of any questions or complaints please email info@sotamarketplace.co

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks;
• The acts, decrees, legislation, regulations or restrictions of any government.

13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14.  WAIVER

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above

15.SEVERABILITY

15.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT

16.1 These terms and conditions and any document expressly referred to in them, together with our Terms of Website Use, Privacy Policy and Cookie Policy represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing

16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

17.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

18.LAW AND JURISDICTION

18.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

19. COMPLAINTS PROCESS

29.1 If you have any complaints about the products or service that we have provided, please contact info@sotamarketplace.co and we will do our best to resolve it.

20. TERMS OF WEBSITE USE

20.1 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

20.2 Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the Website with any of your equipment, software or telecommunications links;
• technical problems including errors or interruptions of the Website;
• unsuitability, unreliability or inaccuracy of the Website; and
• failure of the Website to meet your requirements.

20.3 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.

21 INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

21.1 We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate

22. VIRUSES, HACKING AND OTHER OFFENCES

22.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

22.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

22.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

23. LINKING TO OUR SITE

23.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

24.LINKS FROM OUR SITE

24.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law.

24.2 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

25.PRIVACY POLICY

Please see full details of our Privacy policy here.

26. COOKIES

This site uses cookies for a better customer experience. By continuing to use this site you agree to our use of cookies in accordance with our privacy policy.