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1. Overview

1.1 This website and online shop are owned and operated by Josephine Darbyshire, trading as Amusing Art.  For the purposes of these terms and conditions, and copyright notices on artwork, the name Amusing Art will be used to represent Josephine Darbyshire and the related business.

1.2 In these terms and conditions, ‘we’ means Amusing Art (and ‘us’ and ‘our’ will be construed accordingly); and ‘you’ means our customer or potential customer for products (and ‘your’ will be construed accordingly).

1.3 The only language in which we provide these terms and conditions is English.

1.4 By stopping by Amusing Art’s website, and/or buying at the online shop, you accept all these terms and conditions in full.  If you disagree with these terms in any way, you must not use, or shop at this website.

1.5 We may alter or vary these terms and conditions at any time.

1.6 These terms and conditions will not affect your statutory rights as a customer.

1.7 Your use of this website and online shop, and any dispute arising out of such use of the website, is subject to the laws of England.

1.8 We reserve the right to take legal action against any person(s) committing or attempting to commit online fraud, or acting against these terms and conditions in any way.

1.9 The information on this site is for personal, non-commercial use.  Moreover, any artwork, logos or text used or exhibited on this website, or in goods sold via the online shop, are subject to copyright of Amusing Art or the respective guest artist and therefore must not be copied, reproduced, modified, posted, transmitted, distributed by any means or in any manner, passed off by others as their own work, or adapted in any way without asking the artists nicely for their permission first.  A charge may be applied for such usage at the artists’ discretion.  All rights are reserved by Amusing Art or its guest artists.  

1.10 The rule regarding copying of this website’s content or related materials excepts only the printing and retaining of these terms and conditions, as well as any order confirmation emails provided through the online shopping process.

1.11 You must also not interfere with the working of this website, nor must you circumvent security on the site, tamper with, hack into, or otherwise attempt to disrupt our computer system, server, website, online shop, router or any other internet connected device or service.

1.12 Amusing Art makes every effort to be accurate in its information.  But we cannot accept responsibility for any inconvenience, loss or damage caused as a result of inaccurate information on this website.

1.13 Occasionally, this website may include links to other websites, to provide further information for your convenience.  This does not mean we endorse these websites, or have any responsibility for the content of such linked websites.

1.14 On account of us not wanting to collect any personal information about minors, which gets problematic in this day and age, you must be at least 18 years of age to use this website.  By using this website and agreeing to the terms and conditions thereof, you warrant and represent that you are at least 18 years of age.

1.15 If you shop on our site, you also agree with our privacy policy (see below), which simply means we are allowed to collect the data we need to run this website, as long as we make no further use of it.

1.16 Amusing Art’s: Business address: Werrington Heights, Irvine Road, Staffordshire, ST9 0DR; Email: amusingart@outlook.com

1.17 If a provision of these terms and conditions is determined by any English court to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

1.18 If there is a conflict or contradiction between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, those which relate specifically to a particular section of the website shall prevail in respect of your use of the relevant section of the website.

1.19 These terms of conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and online shop, and supersede all previous agreements in respect of your use of this website.


2. Online Shop Code of Conduct and Terms of Sale

2.1 It is our intention at Amusing Art to respond to any email correspondence, whether in reference to the online shop or otherwise, within two working days.  If you have not had a response in this time period, please check your junk mail inbox first before contacting us about this.

2.2 Any other form of communication with Amusing Art cannot be guaranteed a response other than within the timescale of ten working days.

2.3 The advertising of products on our website constitutes an ‘invitation to treat’, not a contractual offer.  The contract will have been deemed to be accepted by us only upon dispatch of the goods ordered by a customer.  This right is reserved.  Should we decide to cancel any order prior to its acceptance by us, which is deemed to be the time of dispatch, we will notify you via email, including the reason for this cancellation.  Any monies taken before this point via PayPal, a third party, will be fully refunded to you the customer, should your order not be accepted and the order cancelled in whole or part, as per these conditions.  Reasons for this lack of acceptance of an order include, but are not limited to: stock unavailability, a last-minute change in price of the products, the identification of a product description error, or our inability to obtain authorisation for your payment.  We feel it is only right to re-agree the order with both parties, before the sale contract can be completed.  We may therefore offer, for instance, an alternative item, the item at its new cost, a later shipping date, or the chance for you to retry payment for an item, depending upon the issue.

2.4 Upon the cancellation of an order on this basis of non-acceptance of your order, we will cease to have any obligation to deliver products which are undelivered at the date of cancellation.

2.5 We will not be liable to you or any third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website, refusing to process an order, or unwinding or suspending any order after processing has begun until the time of dispatch of the order.

2.6 We also reserve the right to change or remove any products offered, or their prices, on this website at any time, though we will make every attempt possible to fulfil and accept orders that have already been submitted for items prior to our product or price updates.


3. Prices, Payment, Shopping and Delivery

3.1 Payment for goods purchased from this website may be made by credit or debit card, with transactions processed securely via PayPal only.  This means that Amusing Art does not store or have access to credit or debit card details.  PayPal is an internationally recognised e-commerce company, which handles payments securely and safely online, and offers high levels of fraud prevention.  

3.2 Should you experience any issues with PayPal regarding payments for your order or otherwise, this must be taken up with PayPal, as this is a third party and we accept no responsibility or liability relating to this company.

3.3 The prices of products sold on our website are clearly marked in GB Pounds Sterling, and include postage to all mainland UK-based addresses, on standard Royal Mail delivery.

3.4 Currently, no orders are accepted for delivery to addresses outside of the UK mainland.

3.5 Please note: Royal Mail do not deliver on Sundays or Bank Holidays.

3.6 While shopping, any items added to your basket will remain until such time as you empty it or submit your order.  You can change your order at any time during this period.  Once you have submitted your order to us, and made payment via PayPal, you will receive an email confirming the details and cost of your order, along with an expected delivery time and a link to these terms and conditions.

3.7 Should you feel the need to amend your order after submission, you will have 12 hours to do so, and this request must be sent to us via email.  We will make every effort to respond to your request, excepting circumstances including, but not limited to, the following: if we do not receive your email in this time period, if your request is not feasible on account of stock not being available at the time the amendment request is received, or if there have been price changes on stock in the interim period.  However, we will make every attempt to send out the requested amended order to the shortest timescale possible.

3.8 All orders are posted to the address specified when the product is ordered.  It is the responsibility of you the customer to make sure this address is correct.  

3.9 On account of our payment process going via PayPal, we cannot unfortunately allow you to specify a delivery address which is different to your billing address, unless it has already been submitted via PayPal during the order payment stage.  Should you need to change a delivery address after you have made payment, you must email within 12 hours of submitting your order for us to be able to cancel the order prior to dispatch, so that you may resubmit your order with the correct delivery address.  Should we not be in receipt of the email within this time, we cannot be held liable for posting out products to the original address you provided to us.

3.10 Amusing Art’s working day constitutes 8 am to 4pm, Monday to Friday, for the purposes of these terms and conditions.  Bank holidays, weekends, Christmas Eve and New Year’s Eve are not working days for Amusing Art.

3.11 Unless otherwise stated in the product information displayed on the shop pages, our intention is to ship orders on the following working day, provided that the order is submitted, paid for and we receive confirmation of your payment via PayPal by 4pm on the previous working day.  You will have a further extension of 12 hours to amend your order, change a delivery address, as aforementioned in these terms and conditions, before dispatch of your order will take place on the following working day.  However, this clause regarding intended dispatch times cannot be guaranteed, for instance at busy periods such as Christmas, though it is our responsibility to have dispatched accepted orders within 30 days of the order having been submitted and paid to us.  It is your responsibility to add any additional time to your order to ensure it arrives when you need it to.  

3.12 Should delivery be attempted when you are not available to accept the package, Royal Mail will usually leave a card to notify you of this.  You can then arrange a re-delivery with them or go to your local sorting depot to collect the package yourself.  Packages that are not collected within about a week, or are incorrectly addressed, are returned to us.  You will need to check with the local depots for accurate return times.  If you wish for the package to be sent out to you again, we will resend it once it arrives with us, though there will be a £5 charge to cover the admin and postage costs involved.  

3.13 Should the items you ordered not arrive within the delivery time we have stipulated in our emailed order notification, usually 1-3 working days via Royal Mail’s 1st Class post, it is not possible for us to track the order down with the Royal Mail, though it would be helpful to us if you contacted us as soon as possible thereafter.  In the first instance, you need to wait up to 15 working days, after dispatch, for the item to be declared officially as lost or undelivered.  You will need to check with the local sorting depot on a regular basis, as well as neighbours, just in case the package has been left in someone else’s care.  However, Royal Mail usually leave a note to inform you as to the whereabouts of your package.  If, after 15 working days, your parcel has still not arrived, we will then make a claim with Royal Mail and organise a replacement of your products to be sent to you free of charge.  Otherwise, delivery times and any inconvenient delays are not the responsibility of Amusing Art.  

3.14 We shall not be held liable for any failure or delay in delivering goods where such failure arises as a result of any act or omission which is outside of our control and reasonable precautions that we take to ensure that orders are fulfilled, such as, but not limited to, an act of God, theft, erroneous delivery, or mishandling during delivery.

3.15 All risk of loss or damage to the ordered goods shall pass to you upon delivery.

3.16 A receipt will be sent out with the goods.  Any order confirmation sent to the customer up to this point will not be deemed as a receipt.

3.17 Charitable Donations. The percentage proportion of profits from related product sales, clear of 30 days after purchase by customers to allow for refunds or similar, will be paid on the last day of each calendar month to the named charity, providing that the accrued amount exceeds a threshold of £10. Should this percentage proportion of profits not exceed the £10 threshold, the related profits will be rolled over to the next calendar month, until such time as they accrue £10 or more.


4. Cooling Off Period and Refunds

4.1 You have a fourteen day cooling off period after you receive your goods to have a look at them.  The receiving time, unless otherwise agreed between you and ourselves, will be deemed to be the expected delivery date as detailed on the emailed order confirmation we send you after you submit and pay for your order.  If you email us in the following 14 days’ time, we will, depending upon your request, offer a free replacement, exchange, or cancel your order and offer you a full refund for your purchase, excluding any postage paid.  If we are posting out an exchange or replacement, postage costs will be the same as laid out elsewhere in these terms and conditions.  Any offer of a refund, or shipment of such goods, will only be actioned once we have received the original goods back with us, having been maintained in good condition by you the customer.  

4.2 On commission see section number 9 below.

4.3 We can only offer a replacement, exchange, or a full refund and cancellation during this cooling off period, if you meet the following conditions: your request must be made in writing (email by preference due to time constraints), within the initial 14 day cooling off period; this request must include your order number, personal details, your reason for the cancellation, exchange or wish to replace the order; you must return the ordered goods to us with the original order receipt posted to you, or proof of purchase in the form of a bank or card statement, within 14 days of your cooling off request; and if upon seeing the returned goods we agree with you, the customer, that you have maintained the ordered products in good condition.  

4.4 You will not have any such right to these cooling off terms and conditions insofar as a contract relates to: the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; the supply of newspapers, periodicals or magazines; the supply of goods made to your specifications or clearly personalised; or the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

4.5 There is a 14 day returns period from the time of your order being received.  The date of which the order is received by you shall constitute, for the purposes of these terms and conditions, the date of delivery specified in the order confirmation email we send to you, unless otherwise agreed between you and us.  From this date, you will have 14 days to return your ordered goods, should one or more items not be as it was/they were described on the website, along with your original receipt, your personal details, your order number, and your reason for the return or request for a replacement.  No returns or replacements will be offered if any defect of the item is as a result of natural wear and tear, or because of any damage or faults caused by you the customer.  If orders returned to us by you are in non-resalable condition as a result of your fault, damage or negligence, then we reserve the right to refuse to offer a refund or replacement for such orders.

4.6 We do employ a rigorous quality check of all of our products, to ensure they are free from defects and are fit for purpose and as described on our website, prior to dispatch, and ensure that packaging is apt to prevent any everyday handling while the goods are in transit, so we trust that the need for returns or replacements will be rare.

4.7 Should we need to replace or refund an order, however, we will send this within 14 days of receipt of the original order that has been returned to us.  Should we not be in receipt of the original order in this time period, we reserve the right to refuse to refund or replace the order.

4.8 Any refund will be made in the same form of payment that was used to make the initial purchase.

4.9 Any refund or replacement can only be given to the original purchaser and to the original delivery address.

4.10 The consumer will be responsible for return postage of the goods unless the goods are deemed to be faulty by agreement.

4.11 We cannot be held responsible for packages lost in transit when you return items.  

4.12 If your product(s) have been damaged upon delivery, please email us immediately so that we can contact Royal Mail.  You should keep the damaged product(s), receipt and all packaging material until further notice, and send photographic evidence so that we can start a claim with Royal Mail.  A refund or replacement order can be sent out to you at no extra charge, including postage costs, once we have established that your damaged goods have been a result solely of the negligence of Royal Mail.  If these steps are not taken by you it is unlikely that we will be able to replace or refund the items.

4.13 Where you return a product in contravention of these terms and conditions, and where you do not have any other legal right to return the product, we will not refund, replace or exchange the product; and we may retain the returned product until you pay such additional amount as we may charge for this re-delivery of the returned product.

4.14 If there are data outages, emails that get lost in transit, or any similar technical glitch that impedes communication between Amusing Art and you the customer, we will not automatically agree to offer refunds, replacements, exchanges or cancellations of orders.  However, we will make every reasonable attempt we can to right any issues that we believe would be fair to both parties.

4.15 A template cancellation form will be included with all orders for use in case of a requirement to return goods; this should be completed and returned with the goods.


5. Reviews

5.1 You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your reviews in any existing or future media.  You also grant us the right to sub-licence these rights, and the right to bring action for infringement of these rights.

5.2 Product reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.  You must also not submit any reviews to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.  

5.3 Reviews that do not adhere to these policies will be taken down from the website.


6. Complaints

6.1 Should you have any complaints you may contact us via our email address as listed on this page or on this website’s Contact page we will endeavour to do what we can to rectify the problem.  We cannot guarantee the time period for resolving your complaints, due to their potentially varied nature, though we will endeavour to respond to all email correspondence within 2 working days of receipt.

6.2 If you should wish to make a complaint about any of these terms and conditions, we may at our discretion, as a gesture of goodwill only, submit to negotiation of conditions where we alone deem there has been an unacceptable inconvenience to you the customer, or we are obliged by law to do so.

 

7. Privacy Policy

7.1 We will keep copies of customer orders electronically for a period deemed necessary to the business, Amusing Art, but no longer than the time period in which to comply with the Data Protection Act 1998.  This information is kept for our own records and for VAT purposes only, and will not be passed to any third party, excepting where it is required for legal purposes.  

7.2 Copies of your records with us can be obtained at any time if you provide us with your full details, including name and address and legally valid proof of identity, in writing or by email.  We will endeavour to send you an electronic copy of your record within 30 days of your request.  There will be a small charge of £5 for processing this request.

7.3 This website uses Google Analytics to track web usage.  Google does install a cookie on your computer as part of this system, but no personal data is ever accessible to Amusing Art. All we ever see is aggregate traffic data broken down by origin and so forth.

7.4 We will, from time to time, send promotional emails to previous customers with updates of our online shop and products.  However, if at any time you would like to opt out of these, you can contact us via email and we will remove you from these lists as soon as we are able to.


8. Disclaimer of Liability

8.1 Products sold on this website are not toys and are not suitable for young children or other vulnerable parties.

8.2 Every effort has been made to display products as accurate to the original colours as possible; however screen images should be used as a guide only.

8.3 To the maximum extent permitted by law, the website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered  by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website or products including packaging sold by this website, any information contained on the website, you or your company’s personal information or material and information transmitted over our system.  In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or inconsequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions take in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

8.4 Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

8.5 The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.


9. Commissions

By commissioning a painting by Jo Darbyshire through www.amusingart.co.uk you are hereby agreeing to the terms and conditions outlined in this agreement.

The Commission Order Process

9.1 Submit Order, an invoice will be raised through Paypal, and payment must be received. The painting commissioned will be the subject of a painting produced by Jo Darbyshire, and that the image will be the artist’s interpretation of the subject based on the pictures and information provided by the customer.

9.2 Submit Photo References. The customer will supply the photo(s) of the subject that will be used for the painting along with as much detail as possible about what they want their painting to look like.

9.3 Confirm Order and Approve Painting. The artist (Jo Darbyshire) will create some rough drawings or computer generated images for the customer to review, suggest changes and approve. All design changes should be made at this point. When the Commission is completed, the artist will send a digital proof of the final painting for the customer’s approval. Reasonable alterations can be made at this point.

9.4 Full Payment and Delivery. Once the customer’s full payment is received and verified, the painting will be insured and shipped. Royal Mail is used for shipping. Additional fees may be required if the customer chooses to use another shipping method. Without limitation, Amusing Art holds the full and complete copyright and reproduction right to copy, exhibit, publish, display, or distribute copies of the painting. The customer will not use the image of the painting except for individual use without written permission from Jo Darbyshire at Amusing Art.

9.5 Payment. Payments can be made online with a credit card via Pay Pal. If the balance of the amount owed is not paid upon completion of the painting, the painting will not be shipped and the payment will be retained by the artist to help recover costs incurred for supplies and time spent by the artist.

9.6 Customer Supplied Photos. It is the responsibility of the customer to supply any photographs or other materials that will be used as references for the portrait. These reference materials can be sent to the artist by sending them as attachments to an email. All supplied materials that are not in electronic or digital form will be shipped back to the customer in their original form along with the finished painting. However, the artist cannot be held responsible for items lost or damaged during shipment. The customer authorises Jo Darbyshire Amusing Art all rights to the photography sent.

9.7 Painting Changes. Although it is possible to make changes to a painting at any time, and some changes are a normal part of the process, if a customer initiated change involves duplicating the efforts of the artist after the customer has already approved the artist to advance, there will be additional charges. These types of changes could include layout, size, canvas, theme, style, material, design and major colour changes. In most cases these charges will be no less than £15.00 and no more than £100.00 depending on the extent of the change.

9.8 Refund Policy If at any time during the first phase of The Painting Process, you decide, for any reason, that you are not happy with the results you are getting, you may request a full refund of all money paid, no questions asked. If at any time later in the painting process you decide that you are not happy with the results you are getting you may still request a refund, but some funds will be deducted from the refund to help recover costs incurred and time lost by the artist. Once you receive your finished painting, it is not returnable and you will not receive a refund of payment.

9.9 Portrait Completion Time. The time line for the completion of a painting can vary greatly depending on several factors, such as the size and number of subjects in the painting, a background is required, how many changes are requested by the customer, time spent waiting for approvals and payments from customers, etc. Because of these factors, the artist cannot be held to any specific time line. If however, there are no delays on the customers end, such as waiting for payments or approvals, or excessive changes to the painting, most paintings should be finished and delivered within 10-14 days of receiving all customer supplied reference materials as discussed in Customer Supplied Photos.


10. Contacting Us

Should you need to contact us regarding these terms and conditions, the online shop, or about our very amusing artwork, you can reach us via our Contact Page or by emailing us at amusingart@outlook.com

And though we can’t enforce this, feel free to tell everyone about how amazing our artwork is!

http://amusingart.co.uk/


Copyright © Amusing Art 2013.  All rights reserved


Terms & Conditions

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