Smarty Art Website Terms and Conditions


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE, as these will apply to your use of our site(s). We recommend that you retain a copy of this for future reference and re-familiarise yourself with these terms before re-using our site(s). By using our site(s), you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site(s).

Terms of website(s) use

This ‘Terms of Use’ (together with the documents referred to in it) tells you the terms of use on which you may make use of our website(s) and the temporary website(s) (our site(s)), whether as a guest or a registered user. Use of our site(s) includes accessing, browsing, registering to use our site(s) or using contact forms and other offered functionality within our site(s).

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site(s):

  • Our Privacy and Cookie Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site(s), you consent to such processing and you warrant that all data provided by you is accurate.

If you purchase goods from our site(s), our Terms and Conditions of Supply will apply to the sales.

Additionally, we have Smarty Art Specific Guidance and Information (which forms part of our Terms and Conditions) as it lists further details of our services, postage/click and collect service and provisions and important details for you to follow etc which aren't covered in such 'general/generic' terms and conditions.

Information about us and this temporary website address of are site(s) made by Smarty Art ("We"). Our main trading address is 39 High Street, Grantown-on-Spey, Moray, PH26 3EG. We use the iZettle e-commerce platform for the provision of our website and to process card payments. They form part of the PayPal group. Their most up to date privacy policy, terms and conditions and cookie policies will become available to you when you make a purchase using the card payment facility. (You may also visit for these).

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they form a legally binding agreement with you.

Changes to our site(s)

We may update our site(s) from time to time and may change the content at any time. However, please note that any of the content on our site(s) may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site(s), or any content on it, will be free from errors or omissions.

Accessing our site(s)

Our site(s) is made available free of charge.

We do not guarantee that our site(s), or any content on it, will always be available or be uninterrupted. Access to our site(s) is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site(s) without notice. We will not be liable to you if for any reason our site(s) is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site(s).

You are also responsible for ensuring that all persons who access our site(s) through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site(s) is directed to people residing in the United Kingdom. We do not represent that content available on or through our site(s) is appropriate or available in other locations. We may limit the availability of our site(s) or any service or product described on our site(s) to any person or geographic area at any time. If you choose to access our site(s) from outside the United Kingdom, you do so at your own risk.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected] or via another communication channel, as found in the ‘contact us’ section.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site(s), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site(s) for your personal use only and you may draw the attention of others to content posted on our site(s).

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site(s)must always be acknowledged.

You must not use any part of the content on our site(s) for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site(s) in breach of these terms of use, your right to use our site(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site(s) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site(s).

Although we make reasonable efforts to update the information on our site(s), we make no representations, warranties or guarantees, whether express or implied, that the content on our site(s) is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by UK (Scottish) law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site(s) or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

If you choose to purchase products from our site for business purposes, please note that in particular, we will not be liable for:

As a consumer user, please note that we only provide our site(s) for domestic and private use. You agree not to use our site(s) for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site(s) or to your downloading of any content on it, or on any website(s) linked to it.

We assume no responsibility for the content of websites linked on our site(s). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply [INSERT AS LINK TO TERMS AND CONDITIONS OF SUPPLY].

Uploading content to our site(s)

Whenever you make use of a feature that allows you to upload content to our site(s), or to make contact with other users of our site(s) you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site(s) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the Site(s)] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site(s) constitutes a violation of their intellectual property rights, or of their right to privacy, as permitted by law.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site(s).

We have the right to remove any posting you make on our site(s) if, in our opinion, your post does not comply with our content standards.

The views expressed by other users on our site(s) do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our site(s), you grant the following licenses:

· A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site(s) and across different media and to promote the site(s) or services; and

· A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.

We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.


We do not guarantee that our site(s) will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site(s). You should use your own virus protection software.

You must not misuse our site(s) by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site(s), the server on which our site(s) is stored or any server, computer or database connected to our site(s). You must not attack our site(s) via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site(s) will cease immediately.

Linking to our site(s)

You may link to our home page or picture gallery, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site(s) in any website(s) that is not owned by you.

Our site(s) must not be framed on any other site(s), nor may you create a link to any part of our site(s) other than the home page or picture gallery.

We reserve the right to withdraw linking permission without notice.

The website(s) in which you are linking must comply in all respects with our content standards.

If you wish to make any use of content on our site(s) other than that set out above, please contact [email protected]

Third party links and resources in our site(s)

Where our site(s) contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources, or indeed their terms of use, privacy policies and cookie settings to which you agree to completely separately from any on or our temporary website of

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by UK (Scottish) law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England and Wales.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Contact us

To contact us, please email [email protected]

You may also write to us at Smarty Art, 39 High Street, Grantown-on-Spey, Moray, PH26 3EG

Thank you for visiting our site(s).