Service Policy

OVERVIEW

This website is jointly operated by Hollybush Gardens and Jan Mot. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Hollybush Gardens and Jan Mot. We offer this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

WEBSHOP TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve:

  • transmissions over various networks.
  • changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the webshop. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

 

ACCURACY OF BILLING AND INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and information for all purchases made at our webshop. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

PAYMENT

Online payment is facilitated by PayPal and we never store your payment details, or share customer details with any third parties. You can access the relevant user agreement and policy on PayPal’s website.

 

PERSONAL INFORMATION

Your submission of personal information through the webshop is governed by our Privacy Policy.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Belgium and the United Kingdom.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by email at

office@hollybushgardens.co.uk

OR

office@janmot.com

by post at

Hollybush Gardens, 1-2 Warner Yard, London EC1R 5EY, UK

OR

Jan Mot, Petit Sablon / Kleine Zavel 10, 1000 Brussels, Belgium
 

Delivery and Returns Policy

DELIVERY

We will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give to us at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times provided are estimates only, based on availability, normal processing and delivery companies. You will become the owner of the goods you have ordered when the goods are dispatched to you from our respective galleries.

 

CUSTOMS CHARGES

If you are ordering goods for delivery outside of the country of the BY ASSOCIATION member from whom you place your order, please note that your consignment may be subject to VAT (Value Added Tax), other taxes, customs duties and/or fees levied by the destination country. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that we have no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable for your online order.

 

RETURNS

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we cannot offer you a refund. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a proof of purchase. Only regular priced items may be refunded, unfortunately sale items cannot be refunded. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you are shipping an item over 75 GBP (£) or EUR (€), you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

To return your product, you should mail your product to one of the following appropriate addresses:

Hollybush Gardens, 1-2 Warner Yard, London EC1R 5EY, UK

OR

Jan Mot, Petit Sablon / Kleine Zavel 10, 1000 Brussels, Belgium

 

REFUNDS

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

 

LATE OR MISSING REFUNDS

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at:

office@hollybushgardens.co.uk

OR

office@janmot.com
 

Privacy Policy

This privacy policy explains how Hollybush Gardens and Jan Mot use and protect any information that you give us when you:

  • Use www.by-association.online
  • Engage with us by email or post.
  • Consent to receive our email marketing newsletters and announcements.
  • Consent to be emailed about artists of interest.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website or communicating via email, then you can be assured that it will only be used in accordance with this privacy statement. We may change this policy from time to time by updating this page. You should check this page occasionally to ensure that you are happy with any changes. This policy is effective from 21 May 2021.

 

WHAT WE COLLECT

We may collect the following information:

  • Name and job title of assigned representatives or points of contact.
  • Personal or company contact information including but not limited to email address, phone number, or delivery/invoice addresses.
  • Demographic information such as postcode, preferences and interests.

 

WHAT WE DO WITH THE INFORMATION WE GATHER

We require this information to understand your needs and provide you with a better service as well as to engage in trade. We gather this information in particular for the following reasons:

  • Internal record keeping.
  • To meet legal and accounting requirements.
  • To improve our services.
  • To communicate with you regarding web shop news, we may periodically send promotional emails about artists, works of art, special offers or other information which we think you may find interesting using the email address and/or phone number which you have provided.
  • To contact you for market research purposes. We may contact you by email, phone or post.
  • To transfer necessary information to third parties including but not limited to shippers, framers or other suppliers with whom we work to complete our services.
  • If you choose to limit specific personal or business data, this may impact the ability of us to adequately provide our services to you.
  • We keep this information and all information relevant to past sales processes for legal and financial records.
  • We endeavour to keep actively used information up to date.

 

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. If a security breach causes an unauthorised intrusion into our system, we will notify you as soon as possible and later report the action we took in response. We do not use cookies however this website may contain links to websites that use cookies. We are not responsible for interactions of cookies used by websites linked to or from this website, including our social media platforms. You should exercise caution and look at the privacy statement applicable to the website in question.

 

ACCURACY AND RETENTION OF DATA

We do our best to keep your data accurate and up to date. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with details of any of your personal information that we hold. We will retain your information for as long as your account is active or as long as needed to provide you with our services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

 

CONTROLLING YOUR PERSONAL INFORMATION

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at

office@hollybushgardens.co.uk

OR

office@janmot.com

If you wish to lodge a complaint with a supervisory authority, you should contact the Information Commissioner’s Office in the UK OR Belgian Data Protection Authority in Belgium. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the addresses below. We will promptly correct any information found to be incorrect.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to:

Hollybush Gardens, 1-2 Warner Yard, London EC1R 5EY, UK

OR

Jan Mot, Petit Sablon / Kleine Zavel 10, 1000 Brussels, Belgium