These terms and conditions are the contract between you and Alex Russell Creative Services (“me”, “I”, etc). By visiting or using alexrussell.com, you agree to be bound by them.
This version of the Terms and Conditions was updated on 25 May 2022 and supersedes all previous versions.
I am Alex Russell, an artist and creative coder, registered in the United Kingdom as a self-employed sole trader. Generative artwork and creative code are part of number of products and services I offer as Alex Russell Creative Services, the trading name for my business.
This website address:
+44 (0) 7950 632 648
21 Brooklawn Drive
Anyone who uses alexrussell.com or buy products and/or services from me.
Please read this terms and conditions agreement carefully and save or bookmark it. If you do not agree with it, you should leave alexrussell.com immediately. Thank you.
The terms and conditions
“Carrier” means any person or business contracted by me to carry Goods from me to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside her/his business; that is, a private sale.
“Client” means any individual or group of individuals, who, in connection with this agreement, are acting for a purpose which is for their business or employment; that is, a business sale.
“Content” means any content in any form published on alexrussell.com by me or any third party with my consent.
“Goods” means any of the goods I offer for sale on alexrussell.com, or, if the context requires, goods I sell to you.
“alexrussell.com” means this website of mine, and includes all web pages controlled by me.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to alexrussell.com, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
In this agreement unless the context otherwise requires:
2.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 these terms and conditions apply to all supplies of Goods by me to any customer. They prevail over any terms proposed by you.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4 except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
2.8 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour;
2.9 these terms and conditions apply in any event to you as a buyer or prospective buyer of my Goods and so far as the context allows, to you as a visitor to alexrussell.com;
2.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3 My contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 If you use alexrussell.com in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4 I do not guarantee that Goods advertised on alexrussell.com are available. I may change these terms from time to time. The terms that apply to you are those posted here on alexrussell.com on the day you order Goods.
3.5 The price of Goods may be changed by me at any time. I will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6 If in future, you buy Goods from me under any arrangement which does not involve your payment via alexrussell.com; these terms still apply so far as they can be applied.
3.7 I do not sell the Goods in all countries. I may refuse to deliver the Goods if you live in a country I do not serve.
4 Acceptance of your order
4.1 Your order is an offer to buy from me. Nothing that I do or say will amount to any acceptance of that offer until I actually dispatch the Goods to you. At any point up until then, I may decline to supply the Goods to you without giving any reason.
4.2 If I do not have all of the Goods you order in stock, I will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives I offer;
4.2.2 cancel all or part of your order.
5 Price and payment
5.1 The Price is as set out in the order.
5.2 It is possible that the price may have increased from that posted on alexrussell.com. If that happens, I will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3 Customers outside the UK are liable for any additional taxes, duties or customs fees that may be charged by their country. Customers in the do not have to pay UK value added tax (“VAT”) because Alex Russell Creative Services is not registered for VAT.
5.4 If the item you order is available in parts, you must pay me the full price of your order before I will send any part of it.
5.5 Bank charges by the receiving bank on payments to me will be borne by me. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.6 Any information given by me in relation to exchange rates are approximate only and may vary from time to time.
5.7 If, by mistake, I have under-priced Goods, I will not be liable to supply that those Goods to you at the stated price, provided that I notify you before I dispatch it to you.
5.8 The price of the Goods does not include the packaging and delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of alexrussell.com before I ask you to pay.
5.9 If I owe you money (for this or any other reason), I will credit your credit/debit card or PayPal account as soon as reasonably practicable but in any event no later than 14 days from the date when I accept that repayment is due.
5.10 Customers’ orders (private sales) will not be shipped until payment is received. Clients’ orders will not be be shipped until payment is received, unless invoicing terms have been agreed by myself and the client, in which case payment must be made with 30 days.
6 Security of your credit or debit card or bank account details
6.2 Payments are handled by PayPal and not processed through pages controlled by me. I use PayPal as my online payment service provider who will encrypt your card or bank account details in a secure environment.
7 Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract. They apply to private sales or commissions (for business sales or commissions, see section 11).
7.1 I now inform you that information relating to all aspects of my Goods is not in this document but in my marketing material, whether that is in the medium of alexrussell.com or in hard copy.
7.2 The following rules apply to cancellation of your order:
7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and I will return your money.
7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell me that you wish to cancel. You must also send the Goods back to me within that same 14 day period.
7.2.3 I will return your money subject to the following conditions:
22.214.171.124 I receive the Goods in a condition in which I can re-sell them at full price, in new condition, with labels and packaging intact.
126.96.36.199 you comply with my procedure for returns and refunds. I cannot return your money unless I know who sent them.
7.3 The option to cancel your order is not available:
7.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to me unsealed.
7.3.3 if the Goods are somehow mixed with other goods so that I cannot identify or easily separate them.
7.4 You are responsible for the cost of returning the Goods. I have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.5 In any of the above scenarios, I will return your money within 14 days.
8 Liability for subsequent defects
8.1 Please examine the Goods received from me immediately you receive them. If you do not tell me of any defect or problem within 30 days of receipt of the Goods, I shall assume that you have accepted them.
8.2 The procedure to return the faulty Goods is as follows:
8.2.1 the Goods must be returned to me as soon as any defect is discovered but not later than six months from receipt by you.
8.2.2 please follow the returns procedure provided on alexrussell.com.
8.3 I will return your money subject to the following conditions:
8.3.1 I receive the Goods with labels and packaging intact.
8.3.2 you comply with my returns procedure. I cannot return your money unless I know who sent them.
8.3.3 you tell me clearly what is the fault you complain of, when it first became apparent, and other information to enable me to identify or reproduce it. Photographs of the fault will be required.
8.4 If any defect is found, then I shall:
8.4.1 repair or replace the Goods, or
8.4.2 refund the full cost you have paid including the cost of returning the Goods.
9 Delivery and pick up
9.1 Goods should be delivered within 30 days from the day you place an order to purchase the Goods. For orders outside the UK, customs clearance may extend this delivery time.
9.2 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
9.3 If I or the Carrier are not able to deliver your Goods within 30 days of the date of your order, I shall notify you by e-mail to arrange another date for delivery.
9.4 I may deliver the Goods in instalments if they are not all available at the same time for delivery.
9.5 All Goods must be signed for (or Covid-safe equivalent) on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact me so that I may dispatch a replacement quickly and minimise your inconvenience.
9.6 Signing “Unchecked”, “Not Checked” or similar is not acceptable.
9.7 If I agree with you to deliver on a particular day or at a particular time, I will do my best to comply, but no time given is to be treated as contractual, so I am not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
9.8 Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
9.9 Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
9.10 Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
10 Foreign taxes and duties
10.1 If you are not in the UK, I have no knowledge of, and no responsibility for, the laws in your country.
10.2 If you are not in the UK, you are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties, customs fees and taxes of any kind levied in your country.
11 Goods returned
These provisions apply if you buy from me as a Client, or other than being a Consumer. They apply to business sales or commissions (for private sales or commissions, see section 7). The following rules apply to return the faulty Goods:
11.1 I do not accept returns unless there was a defect in the Goods at the time of purchase, or I have agreed in correspondence that you may return them.
11.2 The Goods must be returned to me as soon as any defect is discovered but not later than 14 days.
11.3 So far as possible, Goods should be returned:
11.3.1 with both Goods and all packaging as far as possible in their original condition; 11.3.2 securely wrapped;
11.3.3 including my delivery slip or the manufacturer’s delivery slip;
11.3.4 at your risk and cost.
11.4 The procedure for return of Goods is set out on alexrussell.com. If you do not follow this procedure, I may be unable to identify you as the sender of the Goods and attend to your complaint.
11.5 In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
11.6 If I agree that the Goods are faulty, I will:
11.6.1 refund the cost of return carriage;
11.6.2 repair or replace the Goods as I choose.
11.7 If I repair or replace the Goods, you have no additional claim against me either under this agreement or by statute or common law, in respect of the defect.
12.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3 I make no representation or warranty for:
12.3.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.3.2 the adequacy or appropriateness of the Goods for your purpose.
12.4 I claim no expert knowledge in any subject. I disclaim any obligation or liability to you arising directly or indirectly from information you take from alexrussell.com.
12.5 You agree that in any circumstances when I may become liable to you, the limit of my liability is the amount you have paid me in the immediately preceding 12 month period for the Goods concerned.
12.6 I shall not be liable to you for any loss or expense which is:
12.6.1 indirect or consequential loss; or
12.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or I knew you might incur it.
12.7 This paragraph (and any other paragraph which excludes or restricts my liability) applies to my directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to me.
12.8 If you become aware of any breach of any term of this agreement by any person, please tell me by email or post. I welcome your input but do not guarantee to agree with your judgement.
13 Your account with me
13.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. I need this information to provide you with the Goods.
13.2 If you use alexrussell.com, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell me immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
14 Restrictions on what you may Post to alexrussell.com
You agree that you will not use or allow anyone else to use alexrussell.com to Post Content which is or may:
14.1 be malicious or defamatory;
14.2 consist in commercial audio, video or music files;
14.3 be illegal, racist, obscene, offensive, threatening or violent;
14.4 be sexually explicit or pornographic;
14.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
14.6 give the impression that it emanates from me or that you are connected with me or that I have endorsed you or your business;
14.7 solicit passwords or personal information from anyone;
14.8 be used to sell any goods or services or for any other commercial use;
14.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as I designate;
14.10 link to any of the material specified above, in this paragraph;
14.11 send age-inappropriate communications or Content to anyone under the age of 18.
15 Your Posting: restricted content
In connection with the restrictions set out below, I may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:
15.1 hyperlinks, other than those specifically authorised by me;
15.2 keywords or words repeated, which are irrelevant to the Content Posted;
15.3 the name, logo or trademark of any organisation other than yours;
15.4 inaccurate, false, or misleading information.
16 How I handle your Content
16.2 If you Post Content to any public area of alexrussell.com it becomes available in the public domain. I have no control who sees it or what anyone does with it.
16.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
16.4 Posting content of any sort does not change your ownership of the copyright in it. I have no claim over it and I will not protect your rights for you.
16.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
16.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
16.7 Please notify me of any security breach or unauthorised use of your account.
17 Removal of offensive Content
17.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on alexrussell.com for any purpose.
17.2 I am under no obligation to monitor or record the activity of any customer for any purpose, nor do I assume any responsibility to monitor or police Internet-related activities. However, I may do so without notice to you and without giving you a reason.
17.3 If you are offended by any Content, the following procedure applies:
17.3.1 Your claim or complaint must be submitted to me in the form available on alexrussell.com, or contain the same information as that requested in my form. It must be sent to me by post or email;
17.3.2 I shall remove the offending Content as soon as I are reasonably able;
17.3.3 after I receive notice of a claim or complaint, I shall investigate so far as I alone decide;
17.3.4 I may re-instate the Content about which you have complained or not.
17.4 In respect of any complaint made by you or any person on your behalf, whether using my form of complaint or not, you now irrevocably grant to me a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay me the cost of my investigation including legal fees, if any.
18 Security of alexrussell.com
If you violate alexrussell.com I shall take legal action against you. You now agree that you will not, and will not allow any other person to:
18.1 modify, copy, or cause damage or unintended effect to any portion of alexrussell.com, or any software used within it;
18.2 link to alexrussell.com in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
18.3 download any part of alexrussell.com, without my express written consent;
18.4 collect or use any product listings, descriptions, or prices;
18.5 collect or use any information obtained from or about alexrussell.com or the Content except as intended by this agreement;
18.6 aggregate, copy or duplicate in any manner any of the Content or information available from alexrussell.com, other than as permitted by this agreement or as is reasonably necessary for your use of alexrussell.com;
18.7 share with a third party any login credentials to alexrussell.com.
18.8 Despite the above terms, I now grant a licence to you to:
18.8.1 create a hyperlink to alexrussell.com for the purpose of promoting an interest common to both of me. You can do this without specific permission. This licence is conditional upon your not portraying me or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of mine as part of the link without my express written consent.
18.8.2 You may copy the text of any page for your personal use in connection with the purpose of alexrussell.com.
You agree to indemnify me against all costs, claims and expense arising directly or indirectly from:
19.1 your failure to comply with the law of any country;
19.2 your breach of this agreement;
19.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
19.4 a contractual claim arising from your use of the Goods;
19.5 a breach of the intellectual property rights of any person.
20 Intellectual Property and Copyright
20.1 I will defend the intellectual property rights in connection with my Goods and alexrussell.com, including copyright in the Content or the Goods whether provided by me or by any other content provider (including copyright in: artwork, prints, text, graphics, logos, icons, images, audio clips, products, digital downloads, data, code, and software).
20.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or the Goods, in whole or in part.
20.3 You may not use my name or logos or trademarks or any other Content or Goods on any website of yours or that of any other person.
20.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
20.5 Copyright for any design, artwork or other creative work I make remains with me, with all rights reserved.
20.6 If you are a Client, I may offer the sale or licensing of the copyright to a design, artwork, computer programme or other creative work. This will only apply if I make the offer in writing. Any and all claims to intellectual property or copyright rights within this offer will remain with me and will not transfer to you, your business, your employer or your client or any other party until I have received payment in full for the work undertaken.
21 Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015. The following terms apply in the event of a dispute between the parties:
21.1 If you are not happy with my services or have any complaint then you must tell me by email message to firstname.lastname@example.org.
21.2 If a dispute is not settled between you and me, I hope you will agree to attempt to resolve it by engaging in good faith with me in a process of mediation or arbitration.
21.3 I can propose an ADR Provider or will listen to your proposal.
22 Miscellaneous matters
22.1 When I communicate with you I do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
22.2 Where I provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon me in respect of those goods or that service.
22.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
22.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
22.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
22.6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
22.7 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
22.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
22.9 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
22.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
These Terms and Conditions are based on a set written by Net Lawman and released under licence. They protect your rights as well as mine.
Information about your statutory right to cancel
Your right to cancel
If you are a Consumer, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or I have delivered it to you.
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform me of your decision to cancel this contract by a clear statement, sent to me by post or e-mail.
You may use the model cancellation form below, but you can use your own words as long as your intention is clear.
Model cancellation form
To: Alex Russell, 21 Brooklawn Drive, Manchester, M20 3GY, UK;
I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of Goods and the Order Number here].
Ordered on [date] / received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: [only if this form is notified on paper],