Terms and Conditions

Sales Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which I supply any of the products (“Products”) listed on my website portraitsbynumbers.co.uk (“my site”) to you.

Please read these terms and conditions carefully before ordering any Products from my site. You should understand that by ordering any of my Products, you agree to be bound by these terms and conditions.

Information about me

PortraitsByNumbers.co.uk is a site operated by Ben Simpson trading as PortraitsByNumbers.co.uk (“I” or “me”). I am a Sole Trader and am not registered for VAT. For contact details please refer to my contact page.

Your status

By placing an order through my site, you warrant that:

  • You are legally capable of entering into binding contracts
  • You are resident in one of the Serviced Countries
  • You are accessing my site from that country

How the contract is formed between you and me

After placing an order, you will receive an e-mail from me acknowledging that I have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to me to buy a Product (“Product”). All orders are subject to acceptance by me, and I will confirm such acceptance to you by sending you an e-mail confirming that I have begun work on your Product (“Order Confirmation”). The contract between us (“Contract”) will only be formed when I send you the Order Confirmation.

The Contract will relate only to those Products whose that I confirm that work has begun in the Order Confirmation. I will not be obliged to supply any other Products which may have been part of your order until the confirmation of work on such Products has been made in a separate Order Confirmation.

Consumer rights

You will not have any right to cancel a Contract for the supply of any Product that is produced from your supplied photograph(s), these are custom products constructed to your specifications.

This provision does not affect your statutory rights.

Availability and delivery

When your order has been completed you will be sent an email confirming its dispatch (“Dispatch Confirmation”). Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days if you are contracting with me as a consumer or within a reasonable time of the date of the Dispatch Confirmation if you are purchasing goods in the course of a business, unless there are exceptional circumstances which prevent me from doing so.

Risk and title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when I receive full payment of all sums due in respect of the Products, including delivery charges.

Price and payment

The price of any Products will be as quoted on my site from time to time, except in cases of obvious error.

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in my shipping information page.

Prices are liable to change at any time, but changes will not affect orders in respect of which I have already sent you an Order Confirmation.

Our site contains a large number of Product variations and it is always possible that, despite my best efforts, some of the Products listed on my site may be incorrectly priced. I will normally verify prices as part of my confirmation procedures so that, where a Product’s correct price is less than my stated price, I will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on my site, I will normally, at my discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after I have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment for all Products is by Pay Pal. Payments are taken when your order is placed.

Our refunds policy

When you return a Product to me:

  • Only defective Products may be returned since my Products are custom made to your specifications.
  • I will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. I will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day I confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  • Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  • I will usually refund any money received from you using the same method originally used by you to pay for your purchase.

My liability

I warrant to you that any Product purchased from me through my site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

My liability for losses you suffer as a result of me breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of me breaking the agreement. Losses are foreseeable where they could be contemplated by you and I at the time your order is accepted by me.

  • This does not include or limit in any way my liability
  • For death or personal injury caused by my negligence
  • Under section 2(3) of the Consumer Protection Act 1987
  • For fraud or fraudulent misrepresentation; or
  • For any matter for which it would be illegal for me to exclude, or attempt to exclude, my liability.

I am not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and I, including but not limited to:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of data
  • loss of data, or
  • waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable]

provided that this shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clauses in this section or any other claims for direct financial loss that are not excluded by any of the above bullet points and inclusive of this section.

Import duty

If you order Products from my site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that I have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. I will not be liable for any breach by you of any such laws.

Written communications

Applicable laws require that some of the information or communications I send to you should be in writing. When using my site, you accept that communication with me will be mainly electronic. I will contact you by e-mail or provide you with information by posting notices on my website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to me must be given to Ben Simpson trading as PortraitsByNumbers.co.uk at ben@portraitsbynumbers.co.uk or in writing to the address on my contact page. I may give notice to you at either the e-mail or postal address you provide to me when placing an order. Notice will be deemed received and properly served immediately when posted on my website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and I is binding on you and I and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without my prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of my rights or obligations arising under it, at any time during the term of the Contract.

Events outside my control

I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by events outside my reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond my reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and I will have an extension of time for performance for the duration of that period. I will use my reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which my obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by me of any default shall not constitute a waiver of any subsequent default.

No waiver by me of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this document.

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

I intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While I accept responsibility for statements and representations made by my duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

My right to vary these terms and conditions

I have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting my business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in my system’s capabilities [OTHER].

You will be subject to the policies and terms and conditions in force at the time that you order products from me, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if I notify you of the change to those policies or these terms and conditions before I send you the Order Confirmation (in which case I have the right to assume that you have accepted the change to the terms and conditions, unless you notify me to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

Contracts for the purchase of Products through my site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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