Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
In this contract:
• ‘Us’, ‘we’ or ‘our’ means Pictures of Paintings Limited, company no. 11911623, with its registered office at 297 Croydon Road, Caterham, England, CR3 6PJ; and
• ‘You’ or ‘your’ means the person using our site to buy goods from us.
• ‘Print' refers to any of the products listed on this site.
If you don’t understand any of this contract and want to talk to me about it, please contact us by email at hello@picturesofpaintings.com.
1. Introduction
1.1. If you buy goods on www.picturesofpaintings.shop (the Site) you agree to be legally bound by this contract.
1.2. You may only buy goods from the Site for non-business reasons.
1.3. When buying any goods you also agree to be legally bound by:
1.3.1. the Site’s Terms of Use https://www.picturesofpaintings.shop/pages/about; and
1.3.2. any applicable third party terms and conditions, including without limitation those of Printful and Ecwid. which form part of this contract as though set out in full here.
2. Information I give you
2.1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information shall be sent to you by the relevant third party partner by email in the acknowledgement email (see clause 4.2.1). Alternatively you may request this information by contacting us using the contact details at the top of this page.
2.2. This key information forms part of this contract (as though it is set out in full here).
2.3. If we have to change any key information once a legally binding contract between us is made, we can only do this if you agree to it.
3. Your privacy and personal information
3.1. The Site’s Privacy Policy is available at https://www.picturesofpaintings.shop/pages/privacypolicy.
3.2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with the Privacy Policy, which explains what personal information we collect from you, how and why it is collected, stored, used and shared, what your rights are in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. Ordering goods
4.1. Below, we set out how a legally binding contract between us is made.
4.2. You place an order on the site by selecting the print you wish to purchase and by completing the online checkout process. Please read and check your order carefully before submitting it.
4.2.1. When you place your order at the end of the online checkout process (by clicking the ‘pay now’ button), you will receive an acknowledgement by email. This acknowledgement does not, however, mean that your order has been accepted.
4.2.2. We, or our appointed third party stock and delivery partner may contact you to say that we do not accept your order. This may be because the goods are unavailable, we cannot authorise your payment; we are not allowed to sell the goods to you or there has been a mistake on the pricing or description of the goods.
4.2.3. We will only accept your order when we email you to confirm this (Confirmation Email). At this point, a legally binding contract will be in place between you and us and we will dispatch the goods to you.
5. Cancellation/returns policy
The products for sale on the Site are made to order, to each customer’s specifications. Unfortunately this means that we cannot accept the cancellation or withdrawal of your order, or offer any product returns or refunds.
6. Delivery
6.1. We may use a third party service providers to deliver our goods.
6.2. Any issues which arise and relate to delivery of your goods by such third party partners are subject to their terms and conditions and return policy. We currently use Printful, and you can find more information about them here.
6.3. If something happens which:
6.3.1. is outside of my or the relevant third party’s control; and
6.3.2. affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
6.4. Delivery of the goods will take place when the third party service provider delivers them to the address that you gave to us.
7. Payment
7.1. We may use a third party service provider to process all payments on our behalf. We currently use Ecwid.
7.2. We accept any payment methods accepted by the relevant third party service provider, which includes without limitation credit cards and debit cards, and PayPal. We do not accept cash.
7.3. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.4. Your credit card or debit card (or other payment method as may be applicable) will be charged as soon as your order is accepted.
7.5. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via the relevant card provider website.
7.6. If for whatever reason your payment is not received by us and you have already received the goods, you:
7.6.1. must pay for such goods within 7 days; or
7.6.2. must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
7.7. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.8. The price of the goods:
7.8.1. is in pounds sterling (£)(GBP);
7.8.2. includes VAT at the applicable rate; and
7.8.3. does not include the cost of delivering the goods.
8. Nature of the goods
8.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
8.1.1. are of satisfactory quality;
8.1.2. are fit for purpose;
8.1.3. match the description, sample or model; and
8.1.4. are installed properly (if we install any goods).
8.2. We must provide you with goods that comply with your legal rights.
8.3. The packaging of the goods may be different from that shown on the site.
8.4. While we try to make sure that:
8.4.1. all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements in some goods; and
8.4.2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
8.5. Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
8.6. If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this specific case:
8.6.1. we will let you know if we intend to do this but this may not always be possible; and
8.6.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
9. Faulty goods
9.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
9.1.1. visit Printful’s webpage: https://www.printful.com/policies/returns;
9.1.2. contact us using the contact details at the top of this page; or
9.1.3. visit the Citizens Advice website: www.citizensadvice.org.uk or call 03454 04 05 06.
9.2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3. Please contact us using the contact details at the top of this page, if you want:
9.3.1. us to repair the goods;
9.3.2. us to replace the goods;
9.3.3. a price reduction; or
9.3.4. to reject the goods and get a refund.
10. End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
11. Limit on our responsibility to you
11.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, I am not legally responsible for:
11.1.1. losses that:
(a) were not foreseeable to you and I when the contract was formed; or
(b) that were not caused by any breach on my part;
11.1.2. business losses; and
11.1.3. losses to non-consumers.
12. Disputes
12.1. We will try to resolve any disputes with you quickly and efficiently.
12.2. If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible.
12.3. If we cannot resolve a dispute informally, you may use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
12.4. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
12.5. The laws of England and Wales will apply to this contract.
13. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
14. Product Descriptions
The site and its associates attempt to be as accurate as possible. However, the site does not warrant that product descriptions or other content of this site is completely accurate, complete, reliable, current, or error-free. If a product offered by Pictures of Paintings is not as described or if the print does not adhere to the quality you anticipate, we apologise to you, but it is not currently possible to offer a return or refund in any circumstances except for the case outlined in Section 8.6. Sorry, we are working on this, and will update this Return Policy in the future.