1. Definitions
2. Description of Goods & Services
3. Access to the Download Services and Subscription Services and Registration
4. Delivery of Goods
5. Faulty, Damaged or Incorrect Goods
6. Price and Payment
7. Termination and Cancellation of Services, Right to Withdraw
8. Privacy
9. Website
10. Intellectual Property (including Copyright)
11. Indemnification
12. Warranties and Liabilities
13. Entire Agreement
14. General
15. Other Provisions
16. Governing Law


These terms and conditions govern any agreement between you and Duck-Art for the purchase of certain Goods and/or Services (‘Goods’), the use of the Duck-Art Website and Privacy.

By ordering Goods and/or Services from Duck-Art and/or using the Duck-Art Website you agree to be bound by these Terms and Conditions and agree that these Terms and Conditions, together with our acceptance of any order and/or purchase and/or any use of the Website, constitutes a legally binding contract between you and Duck-Art.

• Definitions

  ‘Agreement’ means an offer to purchase Goods by you and acceptance of the offer by Duck-Art which incorporates these Conditions.

  ‘Duck-Art’ means 10 Storey Limited trading as Duck-Art (registered in England, number 05834767, registered office: Devonshire House, 60 Goswell Road, London, EC1M 7AD).

  ‘Terms’ means the Terms and Conditions set out herein.

  ‘End User Licence’ or ‘EULA’ means a licence to use the electronic media for personal, non-commercial purposes on the mobile phone, or other compatible devices as specified and offered on our website (www.duck-art.com) or WAP site.

  ‘Website’ or ‘on-line’ means the World Wide Web website www.duck-art.com or other related website/s which are managed/owned by Duck-Art.

  ‘Digital’ means the Digital form of a file or information which you can download or receive from Duck-Art which is offered as a Service by Duck-Art (e.g. PC screen download, PDA download, mobile phone download etc).

  ‘Goods' means any Goods containing any printed content (including Prints, Books, Posters, Stickers) and/or any other products or merchandise available for purchase from the Duck-Art.

  ‘Services’ means any Services containing any downloadable Digital content (including, but not limited to still images, moving images, ring tones, other video or audio content) available from Duck-Art, including Subscription Services.

  ‘SMS’ means Short Message Service as used a communication method.

  ‘WAP’ means Wireless Application Protocol as used as a communication method.

  ‘We’, ‘Us’ and ‘Our’ shall mean Duck-Art.

  ‘You’, ‘your’ and ‘yourself’ means any purchaser from, user of or visitor to the website or WAP site.



• Description of Goods and Services

  • Duck-Art provide Goods such as Prints, Posters, Stickers, Books, T-Shirts, Recordings, CDs etc. as well as other Products.
  • Duck-Art provide individual downloadable Services, such as graphics, ring tones and other data through its on-line and SMS services to certain mobile phones and compatible devices.
  • Duck-Art provide downloadable Services on a one year (payable monthly) Subscription Service which also incorporates Goods in the form of Prints.



• Access to the download Services and Subscription Services and Registration
  
  
  • Access to download Services

    You must be at least 18 years of age to use a download Service or Subscription Service and have the full consent of the subscriber of the mobile service to register, purchase and use the service on their behalf and agree on behalf of the subscriber and yourself to be bound by these Terms.

    You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service, you must have a mobile communications subscription with a participating mobile service provider or otherwise have access to a mobile communications network for which Duck-Art makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Duck-Art’s operations. Any equipment or software causing interference may be immediately disconnected from the Service and Duck-Art shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

  • Contracts for download Services and Subscription Services

    Duck-Art is offering its Service either as individual downloads or as a number of credits for a defined number of individual downloads on a one year subscription basis (this subscription basis also includes a defined number of Printed Goods). Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by Duck-Art, but as an invitation for you to order. The contract for the subscription Service between you and Duck-Art shall begin when Duck-Art, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that Duck-Art deems sufficient for your identification). Access to the Service is provided by delivering to you downloadable mobile content as described for the specific Subscription Service which you subscribe to (e.g. a Subscription Service entitles you to exclusive content related to the specific Subscription as well as additional content available form the Duck Pool General Downloads content). The subscription period is one year with monthly payments. The subscription shall remain in effect until terminated and/or cancelled by you or Duck-Art according to Section 7 of these Terms and/or the term of one year is reached. Contracts for the products and services of Duck-Art shall begin when Duck-Art has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or Duck-Art according to Section 7 of these Terms.

    The Duck-Art subscription Services include a certain defined number of credits (typically one per week) which entitle you to download, receive and/or access that defined number of individual downloads of mobile content, whilst the contract remains in effect, for a monthly flat fee. After entering into your subscription contract, on the frequency described in the product description (typically weekly) Duck-Art will transfer the appropriate download credit/s to your account. The mobile phone content that you are entitled to is dependent on the specific subscription you choose. Subscription charges shall be billed by the payment method established when you start the subscription and will occur monthly. The provision of credit/s and the making available of the possibility to download, receive and/or access a specified amount of mobile content is offered for a flat monthly fee. The monthly flat fee shall become due every month your subscription contract is valid irrespective of whether or not you actually download any content during any particular subscription period; the consideration for the monthly flat fee shall solely be the monthly provision of the right to download, receive and/or access downloadable mobile content, in other words the making available of the respective download service. The number of credits for downloads shall be reduced by actual downloaded mobile content, in other words the download of mobile content is evaluated as redemption of one credit and thereby reduces the total number of downloadable mobile content you are entitled to download, receive and/or access with your subscription contract during the subscription period. If you do not use/redeem all your credits within the subscription period, the unused credits will remain in your account until used/redeemed or until expiration or termination of your subscription contract. If you download mobile content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable Duck-Art retail rate for such additional downloads.

    Credits can only be used to download content offered by Duck-Art on the www.duck-art.com Website.

  • Responsibility for the Use of the Service

    You are fully responsible for all activities that occur under your password or account or through your subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify Duck-Art immediately in case you become aware of or suspect unauthorised use of your password or account or subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. Duck-Art cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.

  • Registration and Registration Data

    Upon your request, Duck-Art may register you as a user and provide you with access to the Service by allocating you a personal username and password. Duck-Art may need to change usernames allocated to certain aspects of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete. If Duck-Art has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Duck-Art has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Prior to any such withdrawal Duck-Art shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

  • Assignment

    You may not assign or transfer in any other way the contract or any of your contractual rights. Duck-Art shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to an Affiliated company upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

  • License to Download/s

    You acknowledge and agree that the Download/s made available as part of the Service are owned by Duck-Art and/or licensors, as applicable, and are protected by intellectual property laws. Duck-Art hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download/s and the Service on a specified compatible mobile device solely for your own personal and non-commercial use. You further acknowledge and agree that you may not reproduce, modify, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download/s except as explicitly provided in this Agreement.

  • Interruptions or Discontinuation of Service

    Duck-Art may suspend the Service for repair, maintenance, and/or upgrade work. In such event, Duck-Art shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible. Duck-Art reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by Duck-Art it will notify you of this fact and reimburse any pre-paid fees.

  • Delivery and Availability of Download/s and Download Services

    A text link/WAP push message will be sent to you upon purchase of the Download/s and the Download made available as soon as possible, and in any case within 24 hours of Duck-Art accepting your order.

    If you do not receive the text link/WAP push message within 24 hours of your purchase, you must notify Duck-Art by e-mail (to info@duck-art.com).

    Downloadable content purchased from Duck-Art shall be available for download for a period of 24 hours from being made available for download.

    Duck-Art is not responsible for the service provided by your mobile phone network operator or Internet Service Provider that you use to obtain access to the downloadable content made available by Duck-Art. It is your responsibility to ensure that your mobile phone, mobile network service provider/operator and Internet Service Provider are able to access and receive such downloads and Duck-Art shall not be liable to you if you are unable to access the text link/WAP push, Website, WAP site or other distribution mechanism to obtain the Download/s.



• Delivery of Goods

  Goods purchased from Duck-Art, that are held in stock, will be despatched within 72 hours of Duck-Art receiving payment, unless otherwise stated. If your Goods are not despatched within 7 working days Duck-Art will e-mail you with an update on the order’s progress. You can then chose to either wait for the Goods to be delivered, accept a refund or pick an alternative item from the website.

  There may be some delay where Goods are held by other suppliers.



• Faulty, Damaged or Incorrect Goods

  You shall inspect Goods upon delivery to you and notify Duck-Art immediately by e-mail of any defects in the Goods to info@duck-art.com. If no such notification is received within 3 working days of such delivery the Goods shall be deemed to be complete, in good order and condition and in every way satisfactory to you. Duck-Art will replace any Goods which, when delivered, are damaged or did not confirm to the specification stated on the website, provided always that you notify Duck-Art by e-mail within 3 working days of the delivery and provide us with full details of the non-conformity or damage. Said Goods are to be returned to Duck-Art where a refund or replacement will be arranged as appropriate.



• Price and Payment

  You shall pay all sums in advance and in full for the Goods or Services prior to you being send the Goods and, for downloaded Services, prior to you receiving the text link to where you can download your Digital image, and in any case within 48 hours.

  You are responsible for ensuring that you have sufficient funds on your mobile phone to pay for any downloaded Service if you use SMS as a payment method. If you have a prepaid mobile plan and you do not have sufficient credit on your account you will be charged as soon as your account is replenished.

  If you fail to make payment for Goods or Services of any sums due to Duck-Art under the Agreement within 48 hours, Duck-Art shall be entitled to withhold delivery of the Goods or Services and treat your offer as withdrawn.

  The price you pay for the Goods or Services is as shown on the website/promotional material at the time you order the Goods or Services. Any VAT due or postage and packaging will be charged where applicable.

  Duck-Art reserves the right to change prices listed on the website without notice.

  The price you pay for downloaded Services includes the cost of the text link sent to you for the download Service.

  Your mobile network operator or Internet Service Provider may make a charge for you to connect to the specified text link to receive the download Service, this charge will vary depending on the tariff you have agreed with your network operator or Internet Service Provider and is not included in the price you pay Duck-Art.

  Duck-Art accepts payment by SMS or PayPal (or other Payment method selected by Duck-Art) depending on the Goods or Services required. Payment by SMS is not permitted for the purchase of Premium download Services (as defined on the www.duck-art.com Website), nor for Subscription Services.

  For Goods and Services within the Subscription Services the monthly fee shall be charged for every subscription period the contract is in effect and for a maximum of 12 months. You shall pay Duck-Art for the Subscription Service and the use thereof in accordance with the price lists in force at the time of your order. The charges shall be billed by the payment method established when the Subscription Services was established. An additional single fee for postage and packaging will be charged when the Subscription Service is established.

  Any past due unpaid amount shall bear an annual interest of four percent (4%) or the highest interest allowed by applicable law, whichever is lower.

  Duck-Art shall not be liable for any duties, customs or other taxes that may be imposed by an authority in any country outside of the EU.



• Termination and Cancellation of Services, Right to Withdraw

  • Goods

    Goods ordered by you will be subject to the European Distance Selling Directive whereby you have the right to withdraw from the contract within 7 working days from receipt of the goods, and return the goods without having to give any reason. If you withdraw you will be reimbursed within 30 days. You will need to pay for the postage costs of returning the goods, but we do not add an administration or repackaging charge. Under these conditions, retuned goods must reach us in 100% resaleable condition for customers to be eligible for a refund.

  • Services

    For the purchase individual download Service/s (on a pay as you go basis) a contract between you and Duck-Art for the purchase of the Service/s will come into effect when you place an order through the SMS service or the website and your order is accepted by Duck-Art.

    Once you have placed an order for individual download Services, and paid in full, the End User Licence Agreement which enables you to use the Services will pass to you. As the acceptance process normally proceeds automatically you will be unable to cancel or withdraw your order.

  • Subscription Services

    You can terminate any Subscription Service by the following methods: (1) send an email to subs@duck-art.com or (2) call 0870 8921475. The termination shall become effective immediately upon receipt of the termination request.

    Any unused phone download credit/s accumulated up to the date of your termination of a Subscription Service, will continue to remain available to you in accordance Section 3 of this Agreement. In relation to the Subscription terminated you will not receive future credit/s for Download/s, you will not receive future credit/s for Premium or Exclusive Download/s and you will not receive any further Print/s. For the avoidance of doubt, you will not be entitled to receive any further mobile phone download content, Print or any other Good/s or Service/s in relation to the Subscription terminated. Duck-Art will not refund any of your fees paid to date, except as provided in provision 3 of these Terms.

  • Termination by Duck-Art

    You agree that Duck-Art, at its sole discretion, may at any time terminate your use of individual download Services or Subscription Services and remove and discard any content within such services if Duck-Art believes that you have violated or acted inconsistently with these Terms. You agree that upon termination of your access to the Services under any provision of these Terms, Duck-Art may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Duck-Art shall not be liable to you or any third party for any termination of your access to the Services. If you cancel your account or subscription for any reason, Duck-Art will not refund any of your fees paid to date, except as provided in provision 3 of these Terms.

    Additionally, with regard to Subscription Services, you will not receive any further Print/s or Good/s nor be entitled to such Print/s or Good/s.

  • European Statutory Rights

    Customers in the European Union also have a Statutory Right to Withdraw from the Contract within 7 working days after the Effective Date of the Agreement (“Withdrawal Period”), provided that your right to withdraw immediately terminates if your first use of the Service occurs before the end of the Withdrawal Period. To withdraw from the Agreement within the Withdrawal Period send a Termination Notice (within the Withdrawal Period) via email to info@duck-art.com and clearly state your Name, Address and Phone Number.



• Privacy

  You acknowledge that Duck-Art collects and processes "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number and e-mail address), and "demographic and usage information" (i.e. information that you submit, or that we collect, that is not personal information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal information collected by Duck-Art may be stored and processed in any country in which Duck-Art or its agents maintain facilities. Duck-Art will not transfer the data to third parties other than as required for the provision of the Services, for the collection of fees or for the delivery of Goods. By using the Service and/or purchasing Goods, you consent to any such transfer of information outside of your country. Your personal information and demographic information will be deleted no later than six months after termination of your subscription. Duck-Art may store your information beyond this date if that is required by law or contract. You agree that communication between Duck-Art and you can be by e-mail.

  Without prejudice to your rights (and Duck-Art’s obligations under relevant data protection laws) any personal information you send to Duck-Art via e-mail is done so at your own risk.



• Website

  • Use of Website

    Your use of the Duck-Art Website is subject to our Terms and the disclaimer/legal notices included in this Agreement.

    Duck-Art reserves the right to withdraw the Website, any information contained in the Website, and any Goods or Services offered for sale on the Website, at any time in part or in whole without any prior notice.

    You agree not to use the Website in any way that may cause degradation in performance of the Website or Duck-Art computer systems or interruption to the Website’s or Duck-Art’s systems operation.

    Duck-Art reserves the right to monitor your use of the Website and to investigate your use of the Website if we have grounds to suspect that you are breaking the Terms of this Agreement or any relevant law. We reserve the right to report any suspected unlawful use of the Website or fraudulent use of any credit card, debit card or other payment method to relevant law enforcement authorities.

  • Website Disclaimer and Legal Notices

    • The contents of the Website pages (including all website design, text, graphics, underlying source code, software and all other material) are copyright of Duck-Art or its content and technology providers except where stated on specific material or items. You may view the Website and download any part of it to a personal computer for personal viewing or printing for private purposes only but you are not permitted, without our explicit permission, to store it or any part of it (other than for personal viewing or printing as described in this paragraph), to print out copies of it or to reproduce, copy, change or transmit it (or any part of it) in any other way for any purpose or in any other form or medium.
    • No part of the Duck-Art Website may be used by any other party (than Duck-Art) for any commercial purpose, or incorporated in any other work or publication, whether printed or digital in form or any other format. No part of the Duck-Art Website may be reproduced or transmitted to or stored on any other website or servers or any form of electronic storage/retrieval system.
    • Copyright of any Digital or Printed image/s provided to Duck-Art by any third party, which are displayed on or used within the Duck-Art Website and/or WAP site, will remain with such third party.
    • Duck-Art, Duck-Art.com and the Duck-Art logo/s are trademarks of Duck-Art. Any use of the trademarks is prohibited other than with the explicit permission of Duck-Art. Such permission can only be granted, in writing, by a Director of Duck-Art.
    • Duck-Art gives no warranties and makes no representations, express or implied, as to the validity or completeness of the information contained in the Website and accepts no liability for any loss resulting directly or indirectly from the use of, or any action taken in reliance on, any such information. Duck-Art shall be under no obligation to notify any person of any error in the Website.
    • No warranty is given as to the absence of any viruses, defect, program or system errors, or other malicious programs or macros.
    • The website may contain certain links to other websites that are owned and operated by third parties. You accept that Duck-Art is in no way responsible for the availability of, the operation of, the content displayed on or available from, such websites.



• Intellectual Property (including Copyright)

  You acknowledge and agree that any and all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practised in connection with any of the Goods and Services provided to you under this Agreement and any and all intellectual property, including but not limited to intellectual property, created, developed, subsisting or used by Duck-Art in performance of the Agreement (to avoid any doubt including any copyright in any software) (Duck-Art Intellectual Property Rights) shall vest in or (as the case may be) remain the exclusive property of Duck-Art or such third party licensors as Duck-Art shall designate and nothing in these Conditions confers any right on you in this respect, and you agree to make no claim of interest in or ownership of such Duck-Art Intellectual Property Rights. You agree that no title to the Duck-Art Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

  You hereby warrant that you will not use, copy, alter or modify the Goods or Services for any purposes other than as expressly permitted by Duck-Art.



• Indemnification

  You shall keep Duck-Art, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees fully and effectively indemnified in respect of all losses, liabilities, damages, costs, stress, offence and expenses arising from any failure by you to use the Goods and Services and/or any intellectual property subsisting therein strictly in terms of the end user licence agreement, your representations and warranties within this Agreement. These obligations in respect of the intellectual property and copyright shall survive termination or performance of the contract.

  You are also responsible for ensuring that use of the Duck-Art Website or any part of it is permissible in your jurisdiction. You agree that Duck-Art shall not be liable to you, or any other party, to the extent that any laws in your jurisdiction render Duck-Art’s performance of its obligations under this Agreement unlawful.

  You agree to fully indemnify Duck-Art in respect of all losses, liabilities, damages, costs, stress, offence and expenses, suffered by Duck-Art arising out of any misuse of the website by you or any user of your computer equipment, whether authorised by you or not, or any misuse of the website or your Duck-Art information by any other such user (expect to the extent that such misuse arose from the intentional and unlawful disclosure of your account information by Duck-Art to third parties).



• Warranties and Liabilities

  Duck-Art confirms that in relation to any Goods and Services purchased from Duck-Art that it has the right to sell such Goods and provide such Services to you.

  Duck-Art warrant to use its best reasonable endeavours to provide the Goods and Services as described on the website, but reserve the right to withdraw such Goods and/or Services should the need arise. If a Subscription image is withdrawn Duck-Art will endeavour to replace the image with a suitable alternative.

  Duck-Art warrant to use its best reasonable endeavours to deliver the Services and/or supply the Goods in accordance with the terms of the Agreement and to perform any services with reasonable skill and care.

  Duck-Art shall use its best reasonable endeavours to meet the delivery timescales detailed in the terms of the Agreement but no warranty is given in this regard.

  We do not make and hereby disclaim any express or implied warranty regarding the services and/or Goods and/or the intellectual property insofar as it is competent to do so, including without limitation any warranty of merchantability of fitness for any particular purpose of the any of the Goods notwithstanding that such purpose may have been known or become known to us.

  Duck-Art excludes all other express or implied terms, conditions, warranties, representations or endorsements with regard to any Goods or Services. Duck-Art, its licensors and contractors (including any third parties providing all or part of the services) accept no liability for any indirect or consequential loss or damage, or any loss of data, profit, revenue or business (whether direct or indirect) however caused or whether foreseeable or not, arising from your purchase of Goods or Services from Duck-Art.

  Duck-Art’s total liability to you or any third person under any contract for the purchase of Goods or Services provided or otherwise under this Agreement and/or for any breach of this Agreement will be solely limited to the amount paid by you for such Goods purchased or such Services provided during the term of this Agreement.

  Duck-Art will not be responsible for any loss or damages incurred by unauthorised use of your payment method on the website. Duck-Art is not responsible for notifying your card issuer or any law enforcement authority in these instances.

  The limitations and exclusions in this clause do not affect your statutory rights and only apply to the extent permitted by applicable law.



• Entire Agreement

  These Terms are in addition to any Terms and Conditions applicable to Products, Goods and Services which may be posted in connection with such Product, Goods and Services (“Specific Terms”). In the case of any discrepancy between the Terms and such Specific Terms, the latter shall prevail. These Terms and any other terms or documents referred to herein represent your entire agreement with Duck-Art with respect to your use of the Services and purchase of Goods.

  These Terms can only be varied in writing when signed by a Director of Duck-Art. No additional terms or conditions requested by and communicated in any way by you will form part of this Agreement or contract whether accepted or not by an employee of Duck-Art. No employee of Duck-Art can alter the terms and conditions of this Agreement whether or not they confirm this to you in any way.



• General

  Any failure or neglect by Duck-Art to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of its rights hereunder nor in any way affect the validity of the whole or any part of the Agreement nor prejudice its right to take subsequent action.

  You shall not assign or sub-contract any of your rights or duties under the Agreement without the prior written approval of Duck-Art. Duck-Art shall be entitled to assign or otherwise transfer the benefit and/or burden of the Agreement without restriction.



• Other Provisions

  • Notices

    Duck-Art shall serve notices related to this Agrement by posting them on the www.duck-art.com Website or by sending them to the postal address or e-mail address you have given to Duck-Art. Unless otherwise expressly stated, any notices sent by e-mail pursuant to the terms of this Agreement shall be deemed to have been made upon such e-mail being sent. Notices posted on the Duck-Art Website shall be deemed received on the weekday following the day when they were posted. Notices sent by mail shall be deemed received seven days after they were sent.

  • Changes to Terms

    This Agreement is subject to change by Duck-Art at any time. Any changes shall be deemed effective when such changes are posted on the Duck-Art Website. Any subsequent use of Services after such posting on the Website shall constitute acceptance of such changes by you.

  • Severablity

    If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  • Waiver

    Duck-Art's failure to pursue any available claim or defence pursuant to this Agreement or otherwise shall not be deemed to be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the Terms herein.

  • Headings

    The section headings that appear in this Agreement serve only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

  • Survival

    In the event that this Agreement terminates or expires as provided herein, Sections 3(iii), 3(vii), 10, 11, 12 and 15 of these Terms shall survive such expiration or termination.

  • Force Majeure

    Duck-Art shall not be liable for any failure to deliver or delay in delivery of Goods and/or services, or damage to Goods delivered, arising from circumstances beyond the reasonable control of Duck-Art.



• Governing Law

  This Agreement and Goods shall be construed in accordance with and governed by the laws of England and Wales and you shall submit to the non-exclusive jurisdiction of the English and Welsh Courts in all matters relating to the subject matter of this Agreement.

CONTACT DETAILS

Should you wish to contact us, please e-mail info@duck-art.com

Duck-Art VAT Registration No. 887 8619 44 Company Registration No. 05834767