artbyheart
TERMS AND CONDITIONS

Introduction

(a) This website is operated by artbyheart (or “we” or “us”).  These terms and conditions (“Terms”) govern the relationship between you and Us.  This website (and the services provided through this website) may only be used if you agree to these Terms, and use the website in accordance with its Terms. Only persons aged eighteen years or over may agree to the Terms and use the website (or the services provided through the website).

(b) We may modify the Terms at any time. We will post the modified terms on the website. We require that you revisit the Terms (as modified) when you use or return to this website. The modified terms will come into effect as soon as they are posted on the website and use of the website (or of any services provided through the website) after that point will be subject to the modified terms, and you agree to be legally bound by the Terms (as modified).

Contents:

  1. Ownership
  2. Operation of Website
  3. Privacy
  4. Products
  5. Payment
  6. Cancellation/ Refund Policy
  7. Delivery
  8. Censored Images
  9. Disclaimer
  10. Limitation of Liability
  11. General

1. Ownership

1.1 This site is owned and operated by artbyheart. All content included on our site, such as prints, photographs, illustrations, images, text (”Content') is owned by artbyheart. All Content is protected by English and international copyright laws.
1.2 You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the content in any way except for your own personal, non-commercial use. You agree not to adapt, alter or create a derivative work from any content except for your own personal, non-commercial use.
1.3 Images of people or places displayed on this site are either the property of artbyheart or used with permission of the copyright owner. The use of these images by you, or anyone else authorised by you, is expressly prohibited (unless specifically permitted by these Terms).

2. Operation of Website

2.1 We may change the format and content of the website (or of any products or services provided through the website) at any time.
2.2 We may terminate or suspend the operation of the website (or terminate or suspend provision of any products or services provided through the website) for support or maintenance work, in order to update the content, or for any other reason. We may do this at any time and without notice.

3. Privacy

3.1 Personal data provided to us through the website will only be used in accordance with our privacy policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our privacy policy.

4. Products

4.1 We reserve the right to withdraw any products from this website at any time.
4.2 You accept that a photograph when enlarged may lose some definition and that colour variation may occur in finished item. The quality of the final print is dependent on the quality of the original image supplied.
4.3 You accept that we need to exercise a degree of license to crop and edit images to fit and to achieve the very best results.
4.4 Product sizes are relatively accurate, but due to the nature of making customised products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on the website. Occasionally we may substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages.
4.5 Promotional images of our products are good guides for what we make. We do not warrant that the final item will be exactly as per the images contained in the website. There are often improvements made to products that are not visible in the promotion photographs, and there may be occasion when a stock component may be unavailable giving rise to the need to supply a variant of that part in the finished item.
4.6 To maintain continuity of service we reserve the right to use alternative materials in production, to those stated on the website.
4.7 You are advised to keep back ups of all material provided to us. In particular, it is your responsibility to keep backup copies of images uploaded by you or emailed to us. We will not be held responsible or held liable for keeping backups or for loss of, deletion or corruption of any images or any other material. artbyheart accepts no responsibility for the loss or damage to any photograph or painting supplied to it.
4.8 In the unlikely event of a manufacturing fault, we shall use our reasonable endeavours to repair any such fault, at no cost to you.
4.9 In the unlikely event of a concern with the product on receipt it must be brought to our attention within 7days or receipt of goods, or in the case of non-delivery in a reasonable time after the goods were expected to arrive.  Failure to make such a notification shall be deemed to be conclusive evidence of the conformity of the goods supplied to your request.
4.10 We may like to take a photo of your finished product for display in our web gallery and reserve the right to do so unless you expressly forbid us from so doing at time of order.

5. Payment

5.1 All prices are inclusive of VAT (where applicable) and are correct at the time of entering the information on the website. The total cost of your order is the price of the products ordered plus delivery charges, as detailed on the website.

5.2 In the event that orders are received for shipment outside the European Union, any applicable duties for the import of products into such countries from the UK are the sole responsibility of you.
5.3 Payment may be made by any of the methods specified in the payment section of this website. By placing an order, you confirm that the credit or debit card that is being used is your own, or is being used with full authorisation of the card holder.

5.4 All credit and debit card holders will be subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us we will not be able to process your order, nor will we be liable for any delay or non-delivery of product(s) as a result.

5.5 By making an offer to buy a product, you specifically authorise us to transmit information or to obtain information about you from certain third parties specific to financial authorisation including but not limited to your debit or credit card number and credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

6. Cancellation/ Refund Policy

6.1 Each piece of artwork ordered through the website is bespoke and created uniquely for you. No refunds will be given, nor cancellation accepted, once the order has been accepted. We may, however, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned, dependent on the circumstances arising.This does not affect your statutory rights.
6.2 Once you have placed an order for any goods or services via this web site (including any order for product or services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation will be by email. The decision as to whether to accept any order from you is at our sole discretion and we are not bound to do so.
6.3 We may refuse to process any transaction for any reason or refuse service to you at our sole discretion.

7. Delivery

7.1 Delivery times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date.

8. Censored Images

8.1 You are not allowed to upload, email to us or order products of any images or other material which may contain:
- pornographic or obscene material, racist material, material that is likely to incite hatred against any person or group, blasphemous material, defamatory or otherwise actionable material,
images of any criminal act, material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, or material that breaches any applicable laws or legislation.
8.2 We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions).
8.3 We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
8.4 We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
8.5 We may refuse to provide any further services to anyone who breaches these terms.
8.6 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
- any use by you or your guests of the website in breach of these terms, any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights, any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

9. Disclaimer

9.1 Our site and its contents are provided to you on an 'as is' basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law.

9.2 Although we use our reasonable endeavours to ensure the accuracy of the Content on our site, we make no representations or warranties as to the accuracy, correctness, or reliability of the Content. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this website or its contents. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. By using this website you acknowledge that its use is at your own risk. The website may link to other websites that may be of interest to you, but such websites are not under our control. These links are not endorsed by artbyheart and we are not responsible for the availability of, or the content contained in, any linked site.

10. Limitation of Liability

10.1 artbyheart and its Content providers are not liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of this website (or the services provided through the website).

10.2 It is the sole responsibility of the person sending pictures to the website to ensure that they have the permission of the copyright owner to use any such image. By sending any image to the website you warrant that:

a) it is your own or your child’s original work, or that you have the written permission of the copyright owner and that you have the right to make it available to artbyheart for processing;

b) it does not infringe any law;

c) you indemnify artbyheart against all legal fees, damages and other expenses that may be incurred by artbyheart as a result of your breach of the above warranties 10.2 (a) and 10.2 (b); and

10.3 You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.

11. General

11.1 If any of the above provisions are held to be illegal or unenforceable such provisions shall be severed and the remainder of this agreement shall remain in full force and effect.

11.2 Neither party to this agreement shall be responsible to the other party for any delay in performance of non-performance due to a force majeure event. “Force majeure event” means an event beyond the reasonable control of either party including without limitation strike, lock-out, labour dispute, act of God, war, civil commotion, terrorism, malicious damage, compliance with a law or government order, rule, regulation or direction, fire, flood, or storm.

11.3 This agreement constitutes the entire agreement between artbyheart and you and supersedes all previous communications, representations and agreements, whether written or oral (other than fraudulent misrepresentation).  You acknowledge that no reliance is placed on any representation made but not embodied in this agreement. For the avoidance of doubt nothing in this agreement shall limit in any way any rights that you may have arising by virtue of the Contracts (Rights of Third Parties) Act 1999.

11.4 The terms of this agreement shall govern the relationship between artbyheart and you and the use of the services provided by Us shall constitute acceptance by you of the Terms.

11.5 This agreement shall be governed by and construed in accordance with English Law.
The courts of England have exclusive jurisdiction over any dispute arising from this agreement and each party irrevocable submits to the jurisdiction of the courts of England