KAEÇEN is committed to respecting your privacy and complying with applicable laws and regulations to ensure that the personal information you share with us is kept securely and processed fairly and lawfully.
1. About Us
The website www.kaecen.com is owned by KAEÇEN LTD, a company registered in England and Wales under company number 14798429 and our registered office address is 71-75 Shelton Street, London, WC2H 9JQ.
You can contact us at contact@kaecen.com.
2. Information We Collect:
2.1. Personal Information:
We may collect the following types of personal information, including but not limited to:
- Name
- Contact Information (email address, phone number)
- Mailing Address
- Payment Information (credit card details, billing address)
- User Account Information
2.2. Non-Personal Information:
We may also collect non-personal information, such as browsing history, device information, and website usage statistics. This information is collected using cookies and similar technologies. You can manage cookie preferences through your web browser settings.
3. How We Use Your Information:
We may use your information for the following purposes:
- To process and fulfil your orders
- To improve our products and services
- To send marketing and promotional materials (with your consent)
- To respond to your inquiries and requests
- To analyse website usage and trends
4. Disclosure of Your Information:
We may disclose your information to the following third parties, but only as necessary to provide our services and with your consent:
- Payment processors
- Shipping and delivery services
- Marketing and advertising partners
- Legal authorities if required by law
5. Data Security:
We implement reasonable security measures to protect your personal information from unauthorised access, disclosure, alteration, and destruction. However, no online platform is entirely secure, so we cannot guarantee absolute data security.
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order, we use a Secure Socket Layer (SSL) encryption, which encrypts your information before it is sent to us to protect it from unauthorised use We take care to make our site secure and all credit or debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
6. Your Rights:
Under UK data protection laws, you have the following rights regarding your personal data:
- The right to access your data
- The right to rectify inaccuracies
- The right to erase your data (in certain circumstances)
- The right to restrict processing
- The right to data portability
- The right to object to processing
- The right not to be subject to automated decision-making, including profiling
7. Your Choices:
You can choose to opt-out of receiving marketing communications from KAEÇEN at any time. You can also exercise your rights by contacting us using the information provided in this policy.
We may use your contact information to send you alerts (by email or other method) for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest and marketing promotions.
We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by KAEÇEN.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any email we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the email.
8. Third-Party Links:
Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites. Please review their respective privacy policies before using their services.
9. Changes to This Privacy Policy:
We may update this Privacy Policy from time to time. Any changes will be posted on our website with the revised effective date.
10. Contact Us:
If you have any questions or concerns about our Privacy Policy or the way we handle your data, please contact us at contact@kaecen.com.
By using our services, you consent to the terms outlined in this Privacy Policy. Thank you for trusting us with your personal information.
Note: All privacy information held by data controllers and processors is regulated by the Information Commissioners Office (ICO). Information relating to your privacy rights and any complaints procedure can be found at www.ico.org.uk [England and Wales]
PRIVACY POLICY
LEGAL
This website is operated by KAEÇEN. Throughout the site, the terms “we”, “us” and “our” refer to KAEÇEN. KAEÇEN offers this website, including all information, tools 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. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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.
SECTION 1 - ONLINE STORE 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 unauthorized 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.
SECTION 2 - 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 (a) transmissions over various networks; and (b) 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.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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/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 account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - 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.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KAEÇEN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KAEÇEN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - 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.
SECTION 16 - 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).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - 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 the United Kingdom.
SECTION 19 - 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, at our sole discretion, 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.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@kaecen.com.
TERMS OF SERVICE
TERMS & CONDITIONS
Please read these Terms carefully before using the Platform and services offered by KAEÇEN. By accessing and using our Platform, you agree to comply with and be bound by these Terms and Conditions.
1. DEFINITIONS
1.1 Capitalised terms used herein shall have the following meanings:
“Artist” (“you”, “your”) means any person entering into a legally binding agreement to sell Artworks through the Platform.
“Artwork” means any artworks or prints sold by Artists through KAEÇEN.
“KAEÇEN” (“we”, “us”, “our”) means KAEÇEN Ltd, a private limited liability company incorporated and registered in England and Wales with its registered office at 71-75 Shelton Street, London, WC2H 9JQ and registered number 14798429.
“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
“Contract” “Contract” means the acceptance of an order by an Artist or by KAEÇEN, once an order for purchase of an Artwork has been placed by a User. A confirmation email from KAEÇEN will signify the acceptance of the order by the Artist and the creation of the Contract between the two parties.
“Listing” means any specification for an Artwork that is set out on the Platform.
“Platform” means the website at www.kaecen.com and any other Platform or application published by KAEÇEN from time to time on and through which it lists Artworks for sale.
“Services” means all the services provided by KAEÇEN through the Platform.
“Terms” means these Terms as amended from time to time.
“User” means any person entering into a transaction to purchase Artwork using KAEÇEN’s Services.
1.2 A reference to writing or written includes emails.
2. ACCEPTANCE OF TERMS OF AGREEMENT
2.1 These Terms constitute a legally binding agreement between the User and KAEÇEN and shall govern the User’s access to and use of the Platform to order Artworks and all other Services provided by KAEÇEN via the Platform.
2.2 We may revise these Terms from time to time. You should ensure that you review these Terms regularly, and prior to making any purchase on the KAEÇEN platform. Your continued access to and/or use of the Platform after changes have come into force constitutes acceptance of the revised Terms.
2.3 If you are acting on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms and to enter into a legally binding agreement on the business’ behalf between the business you represent and KAEÇEN.
2.4 We use Users’ personal information in accordance with our privacy policy which can be accessed at https://www.kaecen.com/legal.
2.5 Our Platform uses cookies as further detailed in our privacy policy. By using our Platform, the User consents to our use of cookies and other technologies as described in our privacy policy.
3. SCOPE OF SERVICES
3.1 KAEÇEN provides a service that connects Users with Artists and allows Artists to sell, and Users to buy artworks.
3.2 KAEÇEN does not own any Artworks. Whilst KAEÇEN makes every effort to ensure that each listing on the platform is correct, KAEÇEN is not liable for any errors in any listing or defect in any artwork. Artists are solely responsible for the accuracy of any Listing and for ensuring that any Artwork meets the specifications as set out in its Listing. The User acknowledges and agrees that KAEÇEN has no control over the quality, safety, legality or accuracy of any listing.
3.3 Artists are not employees of KAEÇEN and do not act on KAEÇEN’s behalf. Artists are independent, third party contractors to KAEÇEN.
3.4 By sending KAEÇEN information for the listing of an artwork on the platform, the Artist makes an offer to sell the Artwork. By proceeding to payment to buy the Artwork, the User accepts the offer and creates a binding agreement to buy the Artwork from the Artist on the terms set out in these Terms.
4. ACCESS TO PLATFORM AND SERVICES
4.1 KAEÇEN may restrict access to the platform or certain areas or features from time to time when deemed necessary or for maintenance purposes which may temporarily affect the availability and accessibility of the Services.
4.2 KAEÇEN reserves the right to withdraw or amend the services provided through the platform without notice. KAEÇEN will not be liable to any user for any losses, damages or costs arising from any suspension or unavailability of the services and/or the platform at any time or for any period.
4.3 You understand and agree that a breach by you of any of the terms may result in an immediate suspension and/or termination in your use of our services.
4.4 KAEÇEN relies on third party service providers to make the platform available to Users. KAEÇEN shall not be held liable for any losses or costs incurred from delays or failures of the platform as a result of any defect in performance by its service providers.
5. ELIGIBILITY
5.1 KAEÇEN does not assume any responsibility for the confirmation of any user’s identity but may in its sole and absolute discretion undertake additional checks on a user from time to time, as permitted by applicable laws, to verify the identity of the User.
5.2 To access and use the Platform, a user must be at least 18 years old and able to enter into legally binding contracts under applicable law. By accessing the platform and making an order through the platform, you represent and warrant that you are 18 years of age or older and can legally enter into an agreement constituted by these terms.
5.3 You are responsible for complying with all laws, applicable local rules and regulations including, without limitation, those relating to the Internet, data, email and privacy.
6. PURCHASING
6.1 By purchasing any artwork from KAEÇEN or on the KAEÇEN Platform, you confirm that you have authority to be legally bound to the agreement constituted by these terms and will comply with these terms including by granting KAEÇEN all permissions contemplated by these terms.
6.2 You agree that all the information provided by you is true, accurate, current and complete at the time of making the purchase.
6.3 The images of the Artwork on the Platform are for illustrative purposes only. Although KAEÇEN has tried to display the colours accurately, KAEÇEN cannot guarantee that your computer's display of the colours accurately reflect the colour of the Artwork and KAEÇEN is not liable for any such non-conformity.
7. PRICE AND PAYMENTS
7.1 All prices are presented in British Pound (GBP). The prices do not include shipping fees, which are either listed separately on the Platform or agreed with the user following purchase of the artwork.
7.2 KAEÇEN uses third party payment processors to process all payments made via the platform.
7.3 The standard Processing Services are provided by Adyen N.V. (“Adyen”), by Stripe Inc. (“Stripe”), by Apple Inc. (“Apple”) and by Google LLC (“Google”) (each, the “Processor”), their affiliates, and the acquiring bank. By purchasing from the platform, You, in addition to satisfying the other requirements detailed herein, hereby consent to and agree to be bound by the Processor Terms and Conditions (located here; the “Processor Terms”), which are hereby incorporated by reference.
7.4 Apple Inc. (“Apple”) also provides a processing service via Apple Pay. By using Apple Pay, You accept and agree to the Apple Pay Accounts Information Services Terms of Use.
7.5 Google LLC. (“Google”) also provides a processing service via Google Pay. By using Google Pay, You accept and agree to the Google Pay Terms of service.
7.6 By purchasing from KAEÇEN via a Point of Sale Sumup device, you agree to be bound by the Terms and Conditions of Sumup.
7.7 In order to process your payment, you will be asked to provide customary billing information such as name, billing address and financial instrument information. It is your responsibility to provide accurate, current and complete information when adding a payment method (“Payment Method”). KAEÇEN does not receive any credit or debit information. This information is held by Adyen, Stripe, Apple, Google or Sumup depending on the payment provider used by the USER.
7.8 Upon authorisation of a transaction, the full amount of the transaction will be processed by Adyen, Stripe, Apple, Google or Sumup. KAEÇEN reserves the right to offer or withdraw any Payment Method at any time.
7.9 In the event a User who has purchased an Artwork does not request delivery and/or the User refuses the Artwork upon delivery for reasons other than the Artwork being damaged, the amount paid for the Artwork may be refunded at KAEÇEN’s sole and absolute discretion net of any costs incurred to process the Artwork purchase transaction.
7.10 KAEÇEN will not be responsible for any transaction not made through its Services.
7.11 All prices quoted for Artworks are inclusive of VAT (if any).
7.12 Payment for the full price plus applicable delivery charges will be taken from the User’s credit or debit card and cleared before we dispatch the Artwork to you. KAEÇEN, or carefully selected third parties on KAEÇEN’s behalf, will carry out checks and/or authorisations on the User’s card for security reasons and KAEÇEN may contact the User if any problems arise.
8. PURCHASING ARTWORKS
8.1 By purchasing any Artwork via the Platform, a User enters into a legal agreement between the User and KAEÇEN based on the Contract.
8.2 Every effort is made to ensure that photographs of each Artwork and information provided in its Listing on the Platform are as accurate as possible. However, please note that all sizes, weights, textures, dimensions and measurements are for information purposes only.
8.3 Once an order for an Artwork is placed, the User will receive an automated confirmation email from KAEÇEN to acknowledge that we have received your order. However, this does not mean that the User’s order has been accepted. Our acceptance of an order will take place as described in clause 8.5.
8.4 KAEÇEN may reject any orders at our discretion and without explanation. Acceptance and fulfilment of orders will be subject to availability. You acknowledge and accept that some Artwork is unique or there may be limited availability. We will not be liable to you if the Artwork that you wish to order is unavailable for any reason.
8.5 If we accept your order we will confirm our acceptance by sending you a separate acceptance email ("Order Acceptance"). The Contract between KAEÇEN and the User will only be formed when we send you the Order Acceptance.
8.6 The order cannot be withdrawn and/or cancelled by the User once the Contract has come into effect. If the Artist fails to notify KAEÇEN that the Artwork is no longer available for sale, which results in the Artist being unable to fulfil the order, the Contract will be terminated and the User will be refunded. KAEÇEN shall bear no liability for any inconvenience, losses or costs incurred by the User.
9. SHIPPING AND HANDLING
9.1 KAEÇEN is responsible for shipping purchased artwork to Users, using trackable third party shipping handlers.
9.2 If the Artwork that you have ordered is on display in an exhibition at the time of your order, KAEÇEN will deliver the Artwork to you within 45 days of the conclusion of the exhibition unless otherwise agreed between us in writing. In all other instances we will use reasonable commercial endeavours to ensure that your order is fulfilled within 30 days from the Order Acceptance. Please be aware that if the Artwork is being delivered outside mainland England then delivery may take longer.
9.3 The delivery will be made to the address provided by the User prior to payment for the artwork. The User is responsible for ensuring that delivery details are accurate and complete. Incorrect details may delay delivery and KAEÇEN will not be held responsible for any delays.
9.4 In the event that a delivery is stolen or damaged as a result of incorrect instructions provided by the User to the shipping providers, KAEÇEN accepts no liability whatsoever. Any compensation offered will be at KAEÇEN’s sole and absolute discretion.
9.5 Shipping and handling charges within the UK will be calculated and applied as follows:
9.5.1 Generally, the shipping and handling charge within the UK is shown to the User as a separate approximated charge on the KAEÇEN website. The total selling price of the Artwork at checkout on Adyen, Stripe, Apple Pay, Google Pay and Sumup will include delivery charges for deliveries to the UK.
9.5.2 For all deliveries of Artwork, Users should request a separate quote with accurate shipping costs from KAEÇEN by emailing contact@kaecen.com. The User will be invoiced separately once the quote has been obtained from third party providers.
9.5.3 If the approximated shipping and handling charge provided on the website is higher than the accurate charge, the difference will be refunded to the user.
9.5.4 If the approximated shipping and handling charge provided on the website is lower than the accurate charge, the user will be invoiced separately for the difference.
9.5.5 Once delivery fees have been settled, the User will receive an email when their Artwork has been dispatched.
9.6 Any import tax duties for deliveries outside the UK is the responsibility of and payable by the User. The User will be responsible for payment of any such import duties and taxes. Please note that KAEÇEN has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.7 Although KAEÇEN may facilitate the fulfilment of the delivery of the Artwork purchased through the Platform KAEÇEN will not accept liability for any inconvenience or loss caused by any delays or damages during transit.
9.8 If you have ordered more than one item of Artwork we may deliver these to you separately.
10. DAMAGE TO THE ARTWORK
10.1 Although KAEÇEN will make every effort to ensure the delivery of Artworks in their original condition, damages and unforeseen incidents may occur at any time during the transfer from the courier to the User.
10.2 KAEÇEN cannot and will not be held responsible for any damages to the Artworks.
10.3 Users are responsible for inspecting the Artwork as soon as possible after delivery, and in any case within 48 hours of receipt. Users must immediately notify KAEÇEN by email at contact@kaecen.com in the event of any alleged damage made to the Artwork while in transit and send us photographic evidence of the damage.
10.4 KAEÇEN will contact the courier to inform them, passing all relevant information to them regarding the damage. The courier will be responsible for ascertaining the damage with the User.
10.5 The courier may require the User to return the Artwork to them, in which case the return cost will be agreed upon between the User and courier. The Artwork should be returned to the courier if possible in its original packaging and Users should take reasonable care to ensure that the Artwork is not damaged whilst in their possession or in transit from them.
10.6 In the event that damage has occurred, the User shall cooperate and assist KAEÇEN in all matters required to assess the claim and resolve any dispute that may arise from the damage.
10.7 Users may also agree on an alternative solution, such as commissioned Artworks or exchanges against another Artwork from the same Artist at the Artist’s sole discretion. KAEÇEN may facilitate the discussion between Artist and User but will have no further involvement in the process other than stated by the Terms and shall have no liability whatsoever to any party in connection with the same.
10.8 Neither KAEÇEN nor the Artist is responsible for damages made after the transfer of ownership to the User.
11. RETURNS AND REFUNDS
11.1 All sales made on the Platform are final once a Contract has been entered into unless the Artwork is damaged during transit between the Artist and the User, in which case the provisions at clause 10 will apply.
11.2 In the event the courier accepts responsibility for damage and confirmed as per clause 10, KAEÇEN will facilitate a discussion regarding a full refund including shipping costs.
11.3 KAEÇEN will make the reimbursement to the User using the same means of payment as you used for the initial payment.
11.4 If we are unable to supply you with the Artwork that you have ordered for any reason we will inform by email and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount including any delivery costs charged as soon as reasonably possible.
12. INSURANCE
12.1 KAEÇEN will ship the artwork to the User and insure it with the chosen third party transportation provider.
13. PROPRIETARY CONTENT
13.1 Each User and Artist acknowledges and agrees that KAEÇEN is the owner or the licensee of all intellectual property rights on the Platform and material published on it including marketing material content (“KAEÇEN Content”) and all associated content. All KAEÇEN Content is the exclusive property of KAEÇEN and is protected by all rights under patent, copyright, trade secret or trademark law and all other proprietary rights around the world. All such rights are reserved.
13.2 KAEÇEN Content includes logos, trade names, trademarks, texts, photos, audio, video or other Artist material or information. Listing information regarding descriptive details of the Artworks is excluded from KAEÇEN Content and is the sole responsibility of the Artist.
14. COPYRIGHT AND IMAGE RIGHTS
14.1 Unless otherwise agreed in writing by the User and Artist:
14.1.1 no copyright in the Artwork shall pass to the User;
14.1.2 the User undertakes that it shall not copy, reproduce, license or sell any visual representation of the Artwork; and
14.1.3 the Artist remains the sole author of the Artwork and asserts its moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the sole author of the Artwork.
14.2 KAEÇEN will not be liable for, and each of the User and the Artist agrees to indemnify KAEÇEN against, any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential, loss of profit, loss of reputation and all interest, penalties, legal costs and all other reasonable professional costs and expenses) arising from any dispute in connection with copyright infringement.
17. LIMITATION OF LIABILITY, DISCLAIMER & WAIVER
17.1 Users acknowledge that the Services are provided “as is” and “as available” and their use of our Services, our Platform, any purchases made on the Platform is at their sole risk to the maximum extent permitted under applicable law.
17.2 KAEÇEN does not assume any liability to Users, Artists or any third party or make any warranties of any kind, express or implied, direct or indirect, arising out of, in connection with or with respect to our Services and/or the Platform or any associated services except for liability that cannot be excluded under applicable law. KAEÇEN shall not be liable to Users or Artists whether in contract, tort (including negligence), breach of statutory duty or arising under or in connection with the Contract, for any losses including loss of profits, damages, injury or failure in performance resulting from causes beyond our control. KAEÇEN makes no guarantee regarding the availability of the Services and/or that the Services will be uninterrupted or error-free.
17.3 Unless expressly stated in these Terms, you agree that KAEÇEN has no responsibility or liability whatsoever to Users related to any purchases, logistics or delivery provided to Users by third party providers nor the quality, suitability, safety or ability of those third party services.
17.4 For the avoidance of doubt, the accuracy of any descriptive details of any Artwork set out on the Platform is the sole responsibility of the Artist. KAEÇEN does not make any representation or warranty or assume any liability whatsoever in respect of the merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance. exhibition history, literature or historical relevance of any Artwork and no information provided on the website or elsewhere shall constitute any such warranty or assumption of liability. KAEÇEN has no control over the safety or legality of any Artwork listed on the Platform.
17.5 Users agree to indemnify and hold KAEÇEN and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses suffered by KAEÇEN arising out or in connection with breach by the Users of the use of our Services and/or the Platform.
17.6 Failure by us to enforce any rights or provisions to which we are entitled to under the Terms does not constitute a waiver of such rights and Users shall not assume to be relieved from compliance with such obligations. No waiver by us of any of the Terms unless expressly stated and agreed in writing shall be effective.
18. APPLICABLE LAW
18.1 These Terms, your use of the Platform and any other non-contractual obligations, disputes or claims arising out or in connection with these Terms shall be governed by and subject to the laws of England and Wales.
18.2 Any dispute or claim in relation to or arising from these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
18.3 KAEÇEN will act as an intermediary in order to facilitate the resolution of disputes but does not guarantee the performance or conduct of any User, Artist or third party whether online or in person.
19. TERMINATION
19.1 Provided that sufficient notice has been given, KAEÇEN may terminate this Agreement at any time.
19.2 If Users have breached any material obligations under these Terms, KAEÇEN reserves the right to terminate this Agreement without further notice. In case of a breach of this Agreement by you, you may not be entitled to a refund on any pending orders.
20. SEVERABILITY
If any of the Terms shall be determined by any competent authority to be void, unlawful or unenforceable to any extent, such Term will to that extent be severed from the remaining Terms and will not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.
21. COMMENTS & FEEDBACK
21.1 We love to hear from you and your experience of using our Services. If you would like to get in touch, email us at contact@kaecen.com. By sending us your feedback or any submissions on the Platform, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable licence to use and publish such content without compensation to you.