Sophia Kisielewska (also known as Sophia Kisielewska-Dunbar and Sophia K-D) is a sole trader and artist based in London.  Please read these Website Terms of Use (“Terms of Use”) carefully before using www.sophiakdshop.com (the “Website”). If you have any questions about our Terms of Use or on how to use the Website, please contact us at sophiakdunbar@gmail.com.

1. Website Terms of Use

1.1 These Terms of Use apply to anyone who uses or accesses the Website (“you”), whether or not you purchase artworks from us or sign up for our newsletters. By using the Website, you confirm that you accept and agree to comply with these Terms of Use. Please also take the time to read our Privacy Notice available on our Website which sets out the terms on how we process any personal data we collect from you, our Cookie Policy available on our Website, and the Terms of Sale (which govern our agreement with you if you purchase artworks from us), which is available upon request. 

1.2 We may amend these Terms of Use from time to time. Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time. If the changes are material, we will let you know by posting a notice on the Website before changes go into effect. 

2. Accessing our Website

2.1 We may change, modify or close down the Website, or change the purpose around which the Website is based. In the event of a substantial change to the purpose of the Website, we shall amend our Terms of Use accordingly.

2.2 You are responsible for making all arrangements necessary to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

3. Purchasing Artworks from us 

3.1 You may be required to enter your email and other personal information in order to purchase artworks from us. You warrant that the personal information which you are required to provide is accurate and current in all respects. Please read our Privacy Notice available on our Website which sets out the terms on how we process any personal data we collect from you.

4. Intellectual Property Rights

4.1 All text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sounds, music, videos and images/ reproductions of artworks, including but not limited to the structure, design, expression, arrangement, and coordination of such material (together the “Content”), on the Website is owned or licensed by or to us, and is protected by intellectual property rights, including copyright and trade marks. By using the Website, you acknowledge that we are the owner or licensee of all intellectual property rights for the Website and the Content. You acknowledge that the Website and the Content may only be used according to these Terms of Use. You acknowledge that the Website and all Content, relevant trade marks, and any other portion thereof may not be reproduced, duplicated, copied, sold, resold, modified or otherwise exploited, in whole or in part, for any purpose without our written consent. All intellectual property rights in the Website and the Content are hereby reserved and our moral rights are hereby asserted.

4.2 By buying an artwork from us, you do not acquire any intellectual property rights in the Content relating to that artwork on our Website (such as descriptions, pictures or videos of the artwork), and any unauthorised use of the Website or Content may violate intellectual property laws, privacy laws, communications regulations, statutes and treaties. 

4.3 If you breach these Terms of Use, your right to use our Website will cease immediately and you must immediately cease use of the Website and destroy any materials downloaded or printed from the Website.

5. No Reliance on Information

5.1 While we endeavour to ensure that the information on the Website is correct, we cannot guarantee the accuracy and completeness of the Content on the Website. We may make changes to the Content on the Website, including the artworks described on it, at any time without notice.  

5.2 The Content on the Website is not intended to amount to advice, and we shall not be liable for any loss caused by your reliance on any Content on the Website. The Website and its Content is provided “as is” without any conditions, warranties or other terms of any kind.

5.3 Details of artworks sold or advertised by us are subject to our Terms of Sale, together with the exclusions contain therein which also apply to any Content about the artworks advertised on the Website.

5.4 The statements and opinions expressed in the Content on the Website by third parties, are the opinions of those individuals. They do not purport to reflect our own opinions.

6. Links to Third Parties and Third Party Content

6.1 The Website may contain hyperlinks to various websites and other resources provided by third parties with information outside of our control. By way of example, we have provided links to our pages on certain third party social networking websites including Facebook, YouTube and Twitter. These links are provided for your information only. No mention of any organisation, company or individual through a hyperlink shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on our part. We have no control over the content of those third-party websites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them. 

6.2 You acknowledge that we do not actively monitor any third party content or content appearing on the Website which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:

6.2.1 which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or

6.2.2 in which the intellectual property rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or

6.2.3 which is prohibited by the Data Protection Act 2018 or any other applicable data protection laws.

6.3 If we are informed or if we suspect that any material on the Website infringes the intellectual property or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If you have any concerns or queries about material which appears on our Website (including if you believe that any content displayed on the Website has violated your intellectual property rights) please email us at the email address listed above.

7. Connectivity and Technical Issues

7.1 Whilst we try to ensure that the Website is accessible at all times, access may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control. We shall not be held liable if for any reason the Website is unavailable at any time or for any period. We also do not guarantee the speed, accuracy or quality of any content on the Website.

7.2 Some users of the Website may experience technical problems in purchasing an artwork which are beyond our reasonable control such as firewalls, loss of internet connection or other technical issues with the Website or their own device. Whilst we will endeavour to fix any technical problems that occur on the Website as quickly as possible, we will not be responsible to you for any errors or failures to purchase artworks from us, including, without limitation, errors or failures caused by any loss of connection or faults with our payment software or the Website. 

7.3 We exercise reasonable skill and care to ensure that our Website is secure and free from viruses and malware; however, we do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. 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 Website or to your downloading of any Content on it, or on any Website linked to it.

8. User Material and Conduct

8.1 You shall not:

8.1.1 circumvent, remove, alter, deactivate, degrade or thwart any of the Website’s protections; 

8.1.2 use any robot, spider, scraper or other automated means to access the Content; 

8.1.3 decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website; 

8.1.4 insert any code or product or manipulate the Website in any way or use any data mining, data gathering or extraction method;

8.1.5 impersonate others; 

8.1.6 promote any activity that is illegal;

8.1.7 harass others or disclose personal information about others that could amount to harassment;

8.1.8 publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence; or

8.1.9 upload files that contain video, software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents.

8.2 You may link to the Website, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, 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. The Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. 

8.3 If you wish to make any use of Content on the Website, please address your request to us at the above mentioned email.

9. Limitation to our Liability

9.1 Nothing in the Terms of Use limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which may not by law be limited or excluded.

9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website and its Content, whether express or implied.

9.3 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 use of, or inability to use, our Website; or use of or reliance on any Content displayed on our Website. In particular, we will not be liable for any loss of profits, loss of business, goodwill, loss of anticipated savings or for any special, indirect, incidental, or consequential loss, costs, damages, charges or expenses to the fullest extent permitted by law.

9.4 You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Website or from any breach of these Terms of Use by you.

10. Miscellaneous

10.1 If a court finds that any part of these Terms of Use is not valid, or is illegal or impossible to enforce, that part of these Terms of Use will be treated as being deleted, and the rest of these Terms of Use will not be affected.

10.2 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

10.3 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

10.4 Neither party shall be liable for total or partial failure to perform any of its obligations or duties under the Terms of Use to the extent that such failure arises in consequence of any force majeure event, industrial dispute, fire, flood, pandemic, mobilisation, requisition, embargo, currency restrictions, insurrection, acts of government, war, and/or terrorism or any circumstances which are beyond their reasonable control. 

10.5 Any notice to be given hereunder shall be in writing and sent to our email listed above. Notices are deemed delivered by email, immediately upon transmission if transmitted during normal business hours in the country of the recipient, or otherwise on the following business.

10.6 These Terms of Use, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales and shall be subject to the non-exclusive courts of England and Wales. 

This version of the Terms of Use was last updated on 12 February 2024.