Terms of Use

Home > About > Terms

(You can find the terms of use for artists here)

1: Acceptance of terms

Access to and use of tokarta.com and any services provided by Tokarta Ltd is for lawful purposes only and subject exclusively to these Terms and Conditions. Use of tokarta.com constitutes unconditional acceptance of these terms, conditions and disclaimers. These Terms and Conditions may be updated or amended at any time to reflect changing legal or commercial conditions and your continued use of tokarta.com following any changes shall be deemed to be acceptance of such change.

2: Copyright

In accordance with the Copyright, Designs and Patents Act, 1988 the Copyright of all text, artworks, images of those artworks, trading names and their associated logos, trade marks or other intellectual property published on this website remains the property of their respective owner. All other aspects of this site are the property of Tokarta Ltd. Neither the images nor the text nor the files constituting this site may be reproduced, printed or manipulated in whole or in part without the written permission of the respective Copyright owner. Infringement of Copyright is theft and is a Criminal offence carrying severe penalties in most countries.

3: Personal Information

Personal information entrusted to Tokarta Ltd is stored in a protected manner and is only accessible by authorised employees of Tokarta Ltd and is only used in accordance with our Privacy Policy. Such information is only used by Tokarta Ltd as part of its legitimate business and is shared with third parties only where necessary to complete a transaction or if legally required to do so.

We may supply you with information relating to artists or services that we believe will be of interest to you. If you do not wish to receive such information please follow the link at the bottom of the email and we will immediately remove your details from our mailing list.

4: Content & Minors

Some content may be adult or controversial in nature. If you are aged 16 or under (18 or under in some areas), please get your parent/guardian's permission before viewing such content and before providing personal information on our website. Users without this consent are not allowed to provide us with personal information. Parents who wish to allow their children to access and to use tokarta.com should supervise such access and use.

5: Purchasing

Each individual Artist is responsible for all verbal and visual representations of the work offered for sale on this website.

If the Artist is registered for VAT (Sales Tax), purchase prices quoted on the website may include a tax element. When importing goods, buyers may be liable for duty charges levied by their own country. The buyer is solely responsible for payment of any import duty.

If you purchase a product through this website you are entering into a contractual agreement with the Artist. You agree to pay the artist in full within seven days and the Artist agrees to despatch the item safely and securely within the time stated as part of the item description.

You agree to register for sales using your correct name, address and any other requested details. You will be asked to enter credit, debit or charge card details which will be submitted direct to PayPal®. You must ensure that you are fully entitled to use that card when you provide those details, and that funds are available to cover all charges incurred on it in the course of making the purchase. You must be over 18 years old. Under the UK Distance Selling Regulations 2000 you have the right to cancel the transaction at any time up to seven working days after receiving the item on condition that it is returned to the Artist undamaged and properly packaged and that you pay the cost of return shipping. The Artist will then refund your original payment or replace the item according to the individual agreement made between you and the Artist.

6: Credit and Debit Card Information

Details entered as part of a credit card transaction are only made available to PayPal® to authenticate your payment which is securely processed by PayPal® using safe encryption technology. Neither Tokarta Ltd nor the Artist sees or has access to or retains any credit card or debit card information.

7: Proper use

No user shall at any time:
- use tokarta.com to send junk email, spam, chain letters, pyramid schemes;
- post, publish, distribute or disseminate material or information that is defamatory, obscene, pornographic, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability or nationality;
- use any information or material in a manner that infringes copyright, trademark patent or other intellectual property rights;
- advertise or offer to buy or sell goods other than through your own website or that of a gallery representing you;
- impersonate any person or entity for the purpose of misleading others;
- use tokarta.com in any manner that could damage, disable, overburden or impair its operation or interfere with any other party's use and enjoyment of tokarta.com;
- post, publish, distribute or disseminate material or information that you do not have a right to publish under legal, contractual or fiduciary relationships (including inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to any part of tokarta.com or computer systems or networks used by or connected to tokarta.com through hacking, password mining or any other means.
Tokarta Ltd shall be entitled, at our sole discretion, to remove any material that breaches these Conditions or is otherwise objectionable.

8: Liability for information

Tokarta Ltd does not control or endorse the Content of individual Artists' sites and cannot guarantee the accuracy, integrity or quality of such Content. You acknowledge that all information, text, graphics, logos, photographs, images, illustrations and other materials (the Content), whether posted publicly on tokarta.com or transmitted privately, is the sole responsibility of the person from whom such Content originated. You acknowledge that by using tokarta.com you may be exposed to Content that is adult in nature. Tokarta Ltd will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content on tokarta.com and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

9: Site Links

tokarta.com may include links to third party websites that are controlled and maintained by organisations other than Tokarta Ltd. You acknowledge and agree that Tokarta Ltd is not responsible for the content or availability of any such sites.

10: Indemnity

You agree to indemnify and hold Tokarta Ltd harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Tokarta Ltd by any third party arising out of your use of tokarta.com and/or any content submitted, posted or transmitted by you or on your behalf, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Tokarta Ltd in consequence of your breach of these Terms and Conditions.

11: Disclaimers and Limitation of Liability

USE OF TOKARTA.COM IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. TO THE EXTENT PERMITTED BY LAW, TOKARTA LTD WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER INCLUDING (WITHOUT LIMITATION) LOSS OF BUSINESS, OPPORTUNITY, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF TOKARTA.COM. TOKARTA LTD MAKES NO WARRANTY THAT TOKARTA.COM WILL MEET YOUR REQUIREMENTS, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE FUNCTIONALITY WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT TOKARTA.COM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE. TOKARTA LTD IS NOT RESPONSIBLE IN ANY WAY FOR ANY ARTWORK SALES OR PURCHASES THAT YOU OR THIRD PARTIES MAY ENGAGE IN USING TOKARTA.COM OR ANY DISPUTE ARISING FROM SUCH TRANSACTIONS. TOKARTA LTD RESERVES THE RIGHT TO REFUSE OR REMOVE IMAGES OR TEXT POSTED ON TOKARTA.COM THAT IT CONSIDERS TO BE OFFENSIVE OR INAPPROPRIATE.

12: Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13: Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and under the exclusive jurisdiction of the English courts.

14: Contact and ownership

Tokarta and the tokarta web-site is owned and operated by Tokarta Ltd, registered at 50 Cowick Street, St Thomas, Exeter, Devon EX4 1AP. Tokarta Limited is a company registered in England and Wales with company number 5998592. VAT registration: GB 896 3587 55