Terms of Service
By visiting our website and /or purchasing from us, you are engaging in our 'Service' and agree to be bound by the following 'Terms of Service'. You can always find the most up to date Terms of Service on this page. We reserve the right to make changes at any time. 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.
Accuracy and Completeness
We have made every effort to display as accurately as possible the colours of our product. However, the actual colour you see will depend on the resolution of your computer. We cannot guarantee that the colour, texture or detail of the product will be accurate as that displayed by your computer.
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We cannot guarantee that stock availability is 100% accurate at all times.
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We have made every effort to ensure that the information provided on the site is as accurate as possible. In particular, that all details, descriptions and prices of products shown are correct at the time of publishing. However, errors do sometimes occur, and we are not responsible if information available on the site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
Changes to the Service or price
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel any order placed by you in person, per address or per order. This may include orders placed under the same account, payment details or the same shipping/billing address. In the event we make such changes or cancel an order, we will make every attempt to contact you. Please note this will be via the email or phone number which was provided at the time the order was placed. You agree that email can be used as a means of communication, notification and billing between us. Please be advised that we will never ask for personal details or information via email. If you receive an email asking for your personal information, username or password, or payment information, please do not respond and contact us immediately.
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Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service 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.
Item condition
All our furniture is genuine vintage and while care will be taken to refinish it to a professional standard, it may show signs of a previous life in the way of minor imperfections relative to its age. Where glass is included, the original glass is likely not to be toughened and therefore may not comply with modern safety standards.
Personal Information
Your submission of personal information through the Site is governed by our privacy policy.
Delivery and Returns
Refer to our delivery and return section.
Site Content
The content and images of this site, including photography, designs, logos and text are the copyright of The Painted Toucan. All rights are reserved.
Disclaimers
Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.The Painted Toucan expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that make the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from The Painted Toucan or through or from the site shall create any warranty of any kind. The Painted Toucan does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognising such, you acknowledge and agree that to the fullest extent permitted by applicable law, neither The Painted Toucan nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, The Painted Toucan’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if The Painted Toucan, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither The Painted Toucan nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with The Painted Toucan is to discontinue your use of the site.
Indemnification
You agree to indemnify, defend and hold harmless The Painted Toucan and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers' fees and court costs, arising or resulting from that disruption. The Painted Toucan reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Painted Toucan in the defense of such matter.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and The Painted Toucan with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.