General Terms and Conditions ArtyStrayCats,

a brand of Totallykay Ltd.

1. Applicability

2. Offers, service descriptions

3. Order process, conclusion of the contract

4. Revocation policy

5. Registration

6. Prices, delivery costs

7. Delivery, product availability

8. Terms of payment

9. Retention of title

10. Copyright and use of products

11. Product warranty, guarantee

12. Liability

13. Personal data

14. Closing remarks

1. Applicability

1.1. The business relationship between Artystraycats, a brand of Totallykay Ltd., Serghides House, Office 102, 61 Archbishop Makarios III Avenue, 6017 Larnaca, Cyprus (hereinafter referred to as the “vendor”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.

1.2. Please address any questions or complaints to our customer service) per email to info@artystraycats.com.

2. Offers, service descriptions

The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. 

3. Order process, the conclusion of the contract

3.1. The customer is free to select the products of its choice from the vendor’s product range and gather them together in a so-called “basket” using the ‘Add to basket’ button. The customer can then proceed to their basket, amend its selection as required, and proceed to the final step in the order process using the ‘Proceed to checkout’ button.

3.2. When the customer clicks the ‘Place order (payment will be taken)’ button they make a binding request to buy the goods currently in their basket. Before order placement, the customer can view and amend their order data at any time and can also use their browser’s ‘Back’ function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).

3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the ‘Print’ function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation, or an invoice.

3.4. Please note: If the products the vendor supplies to the customer are made to measure, then the customer has no rights of cancellation in case of mind changing. 

4. Revocation policy

4.1. The customer has the right to cancel the contract without reason within 14 days after the day you (or someone you nominate) receives the products, except for paragraph 4.4.

4.2. The customer has the right to cancel the contract where the vendor changed the terms of the contract.

4.3. The customer has the right to cancel the contract in case the goods are defective or misdescribed.

4.4. The right to cancel the contract does not apply for works with a freely selectable size (variable size) from the ArtyStrayCats galleries. This is because these works are individually finished according to the customer’s preferences and then cut according to the customer’s needs.

The right to cancel the contract does also not apply for the supply of digital content not supplied on a physical medium.

4.5. Should the customer cancel the contract, the vendor will refund all payments received from the customer, including shipping costs (except for additional costs from selecting a different type of delivery than the standard, cost-effective shipping the vendor offers) promptly. 

4.6. The refund will be made within 14 days from the day on which the vendor has received the product back from the customer. 

4.7. In case of cancellation, the customer needs to ensure, that the work is packaged in the original packaging including all protective material and that it is well protected. The vendor reduces the refund of the price to reflect any reduction in the value of the product if this has been caused by improper handling of the products.

4.8. For the customer to exercise its right to cancel, the customer must inform  

Artystraycats, a brand of Totallykay Ltd.
Serghides House, Office 102, 61 Archbishop Makarios III Avenue
6017 Larnaca
Cyprus 

of the decision to cancel in a clear, written statement by E-Mail on info@artystraycats.com,

The customer must use the cancellation form the vendor provided here (link to the refund form). The deadline for the right to cancel will be met as long as the customer’s statement indicates the right to cancel and is sent within the allotted cancellation period.

5. Registration

5.1. Minors are not permitted to register. 

5.2. The vendor must ask that all information requested upon registration is entered completely and correctly.

5.3. Where registration is completed with respect to a legal person, registration may only be made by a natural person with the necessary authority. This person must be named.

5.4. Should any or all of the information indicated at registration subsequently change, it shall be incumbent upon you to correct the information without delay.

6. Prices, delivery costs

6.1. All prices indicated on the vendor’s website are exclusive of statutory value-added tax (VAT) at the valid rate.

6.2. If the domestic or foreign VAT identification number of the orderer cannot be validated as part of the qualified confirmation request via the VAT Information Exchange System of the European Commission (VIES), or if the customer has not provided their VAT identification number while placing the order, the order will be invoiced with VAT, also in case of cross-border delivery. The risk of non-validation of the indicated VAT identification number shall be borne by the customer if this is based on circumstances beyond the responsibility of Artystraycats.

6.3. The vendor charges delivery costs in addition to the prices indicated. Delivery costs are clearly explained to the customer here (link to shipping and delivery) and stated during the order process itself.

7. Delivery, product availability

7.1. The vendor is entitled to withdraw from the contract if, at the fault of the customer, delivery of the goods fails despite three delivery attempts. Any payments, except the delivery costs, already made by the customer will be refunded without delay.

7.2. The vendor is entitled to withdraw from the contract if the product ordered is not available because the vendor, through no fault of their own, has not been supplied with the material needed. If this situation arises the vendor will inform the customer without delay. If the customer does not wish to be supplied with a comparable product, the vendor will refund any payment already received to the customer without delay.

7.3. Customers are notified of delivery periods and restrictions in the respective product description.

8. Terms of payment

8.1. The customer is free to select one of the available payment types during the order process; its selection is made prior to completion of the order process. 

8.2. If third-party providers are commissioned to process the payment (e.g. PayPal), the general terms and conditions operated by those providers apply.

9. Retention of title

The vendor retains the title of the goods supplied until such time as full payment has been made.

10. Copyright and use of products

The copyright remains with Artystraycats. The purchased products are only allowed for personal use.

11. Product warranty and guarantee

11.1. The vendor offers a warranty as required under statutory regulations according to the Consumer Rights Act 2015.

11.2. If your products are faulty, you can get a refund up to 30 days.

11.3. If your products do not last a reasonable length of time you may be entitled to some money back up to 6 years.

11.4. The papers, dyes, chemicals, and other materials used in the manufacturing processes may, like other dyes, show trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product characteristics shall not form a sufficient basis for a defect.

11.5. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.

12. Liability

12.1. The vendor is liable without restriction if the damage was caused with wilful intent or gross negligence.

12.2. The vendor does not exclude or limit its liability in any way to customers where it would be unlawful to do so. This includes liability:

(a) for death or personal injury due to the vendor’s (or its employees) negligence, agents or subcontractors; and

(b) for breach of the customer’s legal rights in relation to the products, including the right to receive products which are as described and match the information the vendor provided to the customer and any sample or model seen or examined by you, of satisfactory quality, fit for any particular purpose made known to us, supplied with reasonable skill and care, and for defective products under the Consumer Protection Act 1987. 

12.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. Personal data

All information can be found in our Privacy policy.

14. Closing remarks

14.1. The legal domicile and place of fulfilment is the vendor’s headquarters insofar as the customer is a business person, a legal entity under public law, or a special asset under public law.

14.2. The language of the contract is English.

14.3. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

Date: October 2020