Terms & Conditions

Welcome to artbyhew terms and conditions. These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out. If you do not agree to be bound by these terms and conditions you may not use or access this website. These terms and conditions also include information relating to International delivery. If you have any questions relating to these terms and conditions please email info@artbyhew.co.uk.

 

Definitions

"Conditions" means these terms and conditions and the special conditions. "Product" means a product displayed for sale on the website, if the item is sold this will be displayed in the 'Title' section. "Title" means the options of product type available. "Size" means the measurement of the product available. "Quantity" means the amount of that product type. "Product Description" means the specific detail regards that product."Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the website collectively; "Personal Information" means the details provided by you on registration; "We/us/me" means artbyhew. "Website" means the website located at www.artbyhew.co.uk or any subsequent URL which may replace it; "Cookies" means small text files which our website may place on your computer's hard drive to store information about your shopping session and to identify your computer; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this website. "International" means any country outside of United Kingdom.

 

Use of the website

Access

You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.

Registration

You warrant that:

• The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
• You will notify us immediately of any changes to the personal Information by emailing info@artbyhew.co.uk

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our employees, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

Our rights

We reserve the right to:

• modify or withdraw, temporarily or permanently, this website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
• change the conditions from time to time, and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.

Third party links

To provide increased value to our users, links to other websites or resources may be provided for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Privacy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

When you shop on this website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service, or be used to present you with artbyhew products which are relevant to your browsing history when you visit other websites. 

We confirm that any personal information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

• Processing your orders;
• For statistical or survey purposes to improve this Website and its services to you;
• To serve website content and advertisements to you;
• To administer this website;
• If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

Cookies may be used to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if may need to enable these Cookies to use website.

Please check back frequently to see any updates or changes to our privacy policy.

Questions regarding this Policy should be directed as follows: info@artbyhew.co.uk

Purchase of products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

• You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
• We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from artbyhew.co.uk
• As your product is shipped from storage we will send you a dispatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in change or cancel an order

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock.
• Our inability to obtain authorisation for your payment.
• The identification of a pricing or product description error.
• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

The details of your specific contract will not be filed by artbyhew.co.uk, if you do require any information regarding orders you have placed with artbyhew please email

 

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone:

• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services. 

• Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. Such products are described as 'commission/s' on this website. 

• If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.

• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.

• You can cancel by email: info@artbyhew.co.uk

• If you decide to cancel, you should return the goods to us at your own cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This excludes the cost of return delivery to artbyhew, your refund may also exclude any charity donation that has already been made from the sale of goods, however usually the donation will be made once the 14 day policy has elapsed, each case will be treated individually.

• We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied. If goods have not been received back in time to make the reimbursement within 14 days we cannot be help accountable and will make the reimbursement as soon after receipt as possible.  

Description of products

Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. Photographs although representative will not match the products exactly so variations in colour may occur on receipt. Frames may vary in style to those shown in the photographs but colours will remain the same and have been selected to compliment the painting. If you prefer to purchase the painting without the mount and or frame we can adjust the price accordingly and send unframed. We take all reasonable care to ensure your painting arrives undamaged however if your order is damaged in anyway please retain all packaging and the product itself in case photographs or returns are required. Not doing so may affect your rights to a replacement or refund.

Insurance

The postage type chosen for delivery of your product/s ensures the total value of the package is insured. On receipt of your product/s insurance is no longer in place artbyhew or third parties cannot be held accountable for any insurances required thereafter. Insurance for these product/s there after is the sole responsibility of you or those you wish to give the product/s to. If you are returning product/s to artbyhew it is the sole responsibility of you or those returning the product/s on your behalf to ensure the relevant packaging and relevant delivery type, inclusive of insurance for the total value of the package is in place. 

General

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You must seek permission if you wish to use any material or content on the website and await a response from artbyhew.

Content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. 

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an "as is"and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These Conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what artbyhew and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact

For any queries regarding service, please contact via email or phone. Postal address will be provided if and when requested. 

Company details are:
artbyhew

Helen Elizabeth Wakeman

info@artbyhew.co.uk