Terms and Conditions

TERMS AND CONDITIONS

 

 

INTRODUCTION

 

  • This document tells you the terms and conditions upon which I will sell ‘Goods’ to you. You may print a copy for future reference.
  • 'Goods' refers to ready made items, including prints, listed on my website which I may supply.
  • Before confirming your order please read through these Conditions and in particular
  • my cancellations and returns policy and limitation of my liability and your indemnity.
  • By ordering any of the Goods, you agree to be legally bound by these Conditions.
  • You will be unable to proceed with your transaction if you do not accept these terms
  • and conditions.

 

 

ABOUT ME

 

  • I, Anne-Marie Winchester, own and operate this website. My place of business is Park Land, Ladburn Lane, Shilton, OXON. UNITED KINGDOM OX18 4AJ
  • My email address is annemarie@snowypheasant.co.uk.
  • Tel: 01993 764784

 

 

 

OVERSEAS ORDERS

 

  • may accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying any additional shipping or postage costs.
  • I will inform you of any additional shipping or postage costs as soon as possible after you have placed the order. If you do not wish to pay these costs you may cancel your order. If you wish to continue with the order you must confirm to me that you will pay these additional costs within 7 days of me telling you what they will be. If I do not receive this confirmation from you within this time period, I will treat you as having cancelled your order.
  • Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
  • If I agree to supply any goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to my price including the cost of delivery. Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

 

 

ELIGIBILITY TO PURCHASE FROM THIS WEBSITE

 

  • To be eligible to purchase the Goods and lawfully enter into and form a contract with me, you must be 18 years of age or over.

 

 

PRICE

 

  • The prices of the Goods are quoted on the order page.
  • Prices are subject to change and without notice.
  • Prices and any other charges quoted on the order page are based on delivery of the Goods in the United Kingdom unless otherwise specified.
  • Prices quoted do not include the costs of delivery of the Goods. The costs of delivery
  • of the Goods will be shown separately on the order page and added to the amount
  • payable by you.
  • Unless otherwise stated, the prices quoted exclude VAT (I am not VAT registered).

 

 

PAYMENT

 

  • Payment can be made by debit card only or by using a PayPal account. However, I do not accept the following: American Express.
  • By placing an order, you consent to payment being charged to your debit card account or PayPal account as provided on the order form.
  • If you pay me by credit or debit card or PayPal account I will take payment from your card or PayPal account for the Goods when you place the order.
  • I shall contact you should any problems occur with the authorisation of your card or payment through your PayPal account.

 

 

ORDER PROCESS

 

  • My Website, catalogue and brochure merely illustrate my Goods and the packaging of the Goods. Your computer may not accurately display the colours of the Goods. Although I aim to accurately depict my Goods and their packaging, there may be differences between the packaging and the colours of the Goods delivered to you and those shown on my Website and in my catalogue and brochure.
  • All orders are subject to acceptance and availability. If I am unable to supply you with the Goods in your order due to matters such as unavailability of stock, materials, key staff or an Event Outside My Control or because I have identified a mistake in the description of the Goods or the price stated by me, I will notify you. I will not proceed with the order and will refund any sums you have paid me.
  • If the Goods are temporarily unavailable, I will notify you by email of the date they are expected to be available. You will have the option either to wait until they are available or to cancel your order. If you cancel your order, I will refund any sums you have paid me.

 

 

CUSTOM AND PERSONALISED ORDERS

 

  • When placing an order for a custom illustration, please ensure that you send me photographs and images from which you would like me to work from. In addition, include any further special instructions ‘Project Brief’. On receipt of this, I may ask for additional photographs and discuss with you any further requirements. Once I am happy that I have enough to work from, I will send you an email ‘Custom Order Acknowledgement’ that I can begin the commission. 
  • If additional details to the commissioned work amount to considerable extra work for me, it may incur an extra cost. This will always be discussed and agreed with you in advance to commencement of the commissioned work. 
  • If you place an order for a custom commission and do not send me any photographs or project brief within 14 days, I will assume that you no longer wish to proceed and I will cancel the order and return any money owing to you. I will notify you of this should this occur. I will not cancel the order if you email me and ask me to wait, within this time frame. I am sorry I am unable to hold orders open for longer than 60 days due to my order books becoming full. 
  • The time frame for Custom orders are variable depending on my current lead times. I will always endeavour to ensure that this is within 30 days of receipt of photographs and project brief, and sending you my “Custom Order Acknowledgment’, unless there are exceptional circumstances. 
  • I will always send a proof copy for custom orders prior to dispatch which will need confirmation of approval by you before completion by email.
  • Customers are responsible for thoroughly checking their proof (particularly address details!) and I cannot take responsibility for any errors that were signed off at proof stage. If necessary, I will happily redraw as cost-effectively as possible but customers will need to bear these costs. I take full responsibility for correcting and reprinting if any errors are identified in the final product that WERE NOT present in the proof.
  • Copyrights of all illustrations, prints and originals (including custom orders) are non-transferable with sale. All work is original and made by me ©Anne-Marie Dahlstrom. Copying or redistribution the artists work in any manner without the express written permission of the artist is strictly prohibited,  If you're interested in purchasing the copyright for your image, please contact me by email. A license agreement may be available for personalised orders, in which case, please contact me by email to discuss. 
  • I may use any illustrations, including custom orders, for other future use including, but not limited to, my social media, website and hard copy print. All identifying features (names, addresses etc) will be removed in advance. If you would prefer me not to use your custom illustration for these purposes, please contact me to discuss. 
  • If your custom order requires me to work closely from a photo, please ensure you have copyright (it's your photo) or have requested permission from the copyright owner (for example, your wedding photographer.

 

 

DELIVERY

 

  • Goods and Custom Orders will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card if you have paid by card.
  • Any dates quoted for delivery of Goods and Custom Orders are approximate only. If no date is specified then it will take place as soon as reasonably possible, unless there is an Event Outside My Control.
  • If you have agreed to collect Goods or Custom Orders from my premises, delivery shall occur at my premises when I hand them to you.
  • If an error has been made by you with an incorrect delivery address, I cannot be held responsible for the loss of the item and a refund will not be made. If it has been returned to me due to an incorrect delivery address, I can resend the order but you will need to bear the cost.
  • If you have asked me to use an independent carrier other than my normal carrier to deliver  Goods  or Custom Order to you, delivery shall occur when I deliver the items to that carrier.
  • You must examine the Goods or Custom Order within a reasonable time after arrival and let me know as soon as reasonably possible if they are faulty, damaged or not as described.
  • If no one is present at your delivery address to take delivery, I will advise you of my attempted delivery. You must then contact me to make arrangements for me to deliver the Goods.
  • I may end the contract with you and charge you for any extra storage costs I have incurred if I have agreed to deliver the Goods, you have not been available to take delivery on the date I agreed to deliver them, and I have not been able to re- arrange delivery within 14 Business Days of the original delivery date.
  • For Christmas deliveries, I recommend that you check the Website for the last order date. I will endeavour to dispatch all Goods that are in stock within 48 hours. However, I cannot guarantee delivery by 24 December.

 

 

RISK AND TITLE

 

  • The Goods will be at your risk from the time of delivery.
  • Ownership of the Goods will only pass to you when I receive full payment of all sums due in respect of them including the cost of delivery. This refers to physical items and not copyright or intellectuual property.

 

 

CANCELLING YOUR CONTRACT AND RETURNS 

 

  • You may cancel your order for Goods by notifying me of your decision to cancel within 24 hours of you placing the order. This is because I like to dispatch Goods to you as soon as possible.
  • You may notify me of your decision to cancel by emailing a statement saying that you wish to cancel quoting your name, address, the name or a description of the Goods and your order reference number by:
  • Email at annemarie@snowypheasant.co.uk
  • You may cancel your order for Custom Orders, until you have received a ‘Custom Order Acknowledgement’ from me. This will be after we have discussed the project brief and you have sent photographs to me. After this, the order cannot be cancelled.

 

 

RETURN OF GOODS

 

  • Upon receiving notice of your cancellation, I will contact you and provide details of where you must return the Goods and other relevant instructions. You must then return the Goods to me without delay and at the latest within 14 days of notifying me of your cancellation.
  • You must return the Goods at your own risk and at your own cost unless I offer to pay the cost of return. 
  • If the value of the Goods is reduced as a result of your handling of them beyond what is necessary to determine the nature, characteristics or functioning of the Goods, I will be entitled to claim this reduction in value from you and to deduct it from any money which you have paid me.
  • Custom and Personalised Orders can not be returned. A proof copy will be emailed to you before dispatch when I will require it to be signed off by you to ensure that you are happy with the Custom Order. 

 

 

COMPLAINTS

 

  • If you have a comment, concern or complaint about any Goods or Custom Orders you have purchased from me, please contact me by email at annemarie@snowypheasant.co.uk

 

 

LIABILITY AND INDEMNITY

 

  • I have a duty to supply Goods to you that conform to the Contract including a duty to ensure that
  • The Goods are as described in the contract
  • The Goods correspond to any samples I have sent you
  • The Goods are fit for any purpose you specifically told me they were required for, and are not faulty.             
  • You are purchasing the Goods as a consumer. If you purchase the Goods for any business purpose including for re-sale, I will not be liable for any business losses, loss of profits, loss of contracts, loss of business opportunities, loss of management time, loss of business data or losses due to interruption of your business.
  • I will not be responsible for any delay in delivering the Goods if I have asked you to provide specified information that is necessary for delivering the Goods and you have failed to provide complete and accurate information or you have provided such information later than the date I have asked you to supply it by.

 

 

MY RIGHTS OF TERMINATION

 

  • I reserve the right to terminate the Contract by writing to you if you fail to make any payment to me when due and you still do not make payment within 14 days of me reminding you that payment is due.
  • Events outside my control
  • Except for my obligations under this clause, I shall not be responsible for delays or failures in delivery or performance of my obligations to you resulting from any act, event, omission, failure or accident outside my reasonable control ('Event Outside My Control').
  • I will take all reasonable steps to minimise a delay in performing my obligations to you which arises from an Event Outside My Control.
  • I will promptly notify you of any Event Outside My Control which prevents me from or delays me in performing my obligations to you, giving details of it and (where possible) the extent and likely duration of any delay.
  • My performance will be deemed to be suspended for the period that the Event Outside My Control continues.
  • You may end the Contract after I have notified you of an Event Outside My Control and I will then refund you any money you have paid to me under the Contract for the Goods which I have been unable to deliver to you.

 

USE OF PERSONAL DATA AND PRIVACY POLICY

 

  • I envisage that I will request personal information from you whilst you use my website. This information will only be requested and processed in accordance with my Privacy Policy.
  • I will act fairly in connection with personal information requested from you, when I request information I will alert you to my Privacy Policy, and unless the information is necessary for a reason specified in the General Data Protection Regulation (GDPR) I will only process it with your consent. Before receiving your information I'll endeavour to provide the information required by the GDPR.
  • Third party rights
  • Except for my affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

 

OTHER TERMS

 

  • I reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
  • Every effort is made to keep information regarding stock availability on the Website up to date. However, I do not guarantee that this is the case, or that stock will always be available.

 

 

SITE ACCESS

1.1                You will be able to this Website without having to register any details with us.

USE OF WEBSITE

1.2                You may not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

1.3                The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

1.4                Subject to paragraph 1.2, no part of this Website may be reproduced without our prior written permission.

SITE UPTIME

1.5                We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

1.6                This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

VISITOR CONDUCT

1.7                With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

1.8                When using this website you shall not post or send to or from this Website any material:

(a)            for which you have not obtained all necessary consents;

(b)            that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c)            which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.9                [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.8.]

LINKS TO AND FROM OTHER WEBSITES

1.10            Any links to third party websites located on this Website are provided for your convenience only.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from this Website, it is at your own risk.

1.11            If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

(a)            you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b)            you do not misrepresent your relationship with us or present any false information about us;

(c)            you do not link from a website that is not owned by you; and

(d)            your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

1.12            If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

DISCLAIMER

1.13            We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

1.14            The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

 EXCLUSION OF LIABILITY

1.15            Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

1.16            Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

Our website terms have been provided by ecommerce law experts www.ecomlegal.com. Ecomlegal.com provides a range of ecommerce and intellectual property documents.