Terms and Conditions
| ‘we’, ‘us’ or ‘our’ | is a reference to Emma Hedderson trading as Longdog Art; | ||
| ‘you’ or ‘your’ | is a reference to the person to whom we are supplying Artwork and who is required to pay for the Artwork we supply; | ||
| ‘Artwork’ | means the art work that we shall produce for you in accordance with your specification in your commission; | ||
| ‘Site’ | means www.longdog-petportraits.co.uk | ||
| ‘Photograph’ | means the photographs or other images forming part of the Commission or order details |
The wording below sets out the terms and conditions upon which we supply the Artwork to you.
Placing your Commission
When you place your order for us to produce an Artwork for you (‘Commission’) it is an offer by you to enter into a legal contract with us.
You and we will only enter into a binding contract when you receive notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification.
Payment for Artwork
The prices for Artwork are located on the Size/Price Guide page of Site. The price you will pay will be that stated at the time you place your order.
Your Commission for one or more piece of Artwork can only be made through the appropriate page on our website or by telephone. We do not accept orders made by any other means.
All Artwork we provide must be paid for in advance, and can only be made with the use of a credit debit card, cheque or bank transfer.
Where we have accepted a Commission from you and have received payment, if the payment is subsequently refused or rejected then we reserve the right to refuse to perform any further or unfulfilled part of the Commission you have placed.
All prices must be paid in UK sterling currency as quoted in the price guide on the Size/Price Guide page of Site.
Information on the Site
Data and material (‘Web Information’) which is to be found on our website to which you have access is subject to the following limitations:
the Web Information is provided only for you to obtain a general understanding of the topics and issues to which it relates;
the Web Information is not to be relied upon by or utilised by you to help you or advise or assist you with any problem or issue you are having. Moreover the Web Information must not form the basis on which you decide to take no action or not to do something;
the Web Information may not be up-to-date or provide all the relevant material or data concerning the topic or issues it addresses;
the Web Information may not be copied by you or provided to any other person by you, except that you may print to a printer or download one copy of the Web Information to store on your own personal computer for subsequent reading by you. However, you may show the Web Information you have copied, downloaded or printed to a person or organisation who is providing you with advice and assistance;
you will only search or otherwise access or view the Web Information through a standard internet browser (such as FireFox, Internet Explorer, Safari or Opera). In particular, you will not use any software or device to copy, transfer or download complete or partial parts of the Web Information or our website (text, code, software, graphics etc) to enable you or another person to run our website.
Other Provisions
The terms and conditions of use of the Site, our data protection policy and copyright notices (‘Other Provisions’) shall be incorporated into these terms and conditions and shall be equally binding on you when you enter into a contract with us.
Termination
We may terminate this Agreement where you are:
in substantial breach of the provisions of this Agreement;
in breach of the Other Provisions.
We may also terminate this Agreement where we decide to withdraw the Site (whether on a temporary or permanent basis) or decide no longer to permit access to the Site by you (by use of passwords or changes of passwords or by any other means). In such cases, where you have paid for any Artwork and have not received all of the Artwork you have paid for, we may in our absolute discretion either:
return any amounts you have paid; or
complete production of the Artwork which remains unperformed.
Exclusion of Liability
Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum you have paid for the Artwork.
We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you:
of an indirect or consequential nature nor
for any economic loss or other loss of turnover, profits, business or goodwill.
Nothing in this Agreement excludes liability for our fraud.
Without prejudice to the generality of the foregoing provisions of this clause, and by way of illustration only, we shall not be liable for the followings losses or liability you may suffer or face caused by your reliance or use of the Services (or by not relying on or not using our Services, or by your using or relying them in a reasonable way):
your missing a deadline or
you (or someone on your behalf) suffering loss by reason of inaccuracy or incompleteness of any information or data provided to you;
you suffering a business loss or being unable to undertake any business activity;
a third party making a claim against you; or
a government or regulatory authority imposing a fine, penalty or obligation on you.
Right to Cancel
The Consumer Protection (Distance Selling) Regulations 2000 (‘2000 Regulations’) permits consumers to cancel certain contracts.
We agree that the contract between us is one for the supply of goods made to your specifications or clearly personalised for you. As a result of regulation 13(c) of the 2000 Regulations you have no right to cancel
Intellectual Property and other issues
By commissioning the Artwork from us you are:
Granting us permission for a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right and license to reproduce, distribute, publish, transmit, modify, adapt, print, display, distribute, prepare derivative works based upon and otherwise use or exploit your Photograph(s);
Irrevocably granting permission to us to use the Photograph(s) (and the images and content therein), in whole or in part, on the Site and in print and electronic or any other media and to edit, combine with other material and make derivative works of same, in whole or in part, without notifying you and without obligation to you;
Certifying and acknowledging that you own the Photograph(s) or have the legal right (permission) to permit us and the Site to use, edit or publish and otherwise exploit the Photograph without obligation or liability to any other third party;
Representing and warranting that if any minors appear in the Photograph(s), you are the mother, father or duly appointed guardian of such child(ren) or have the irrevocable permission of the parents or duly appointed guardian(s) of such child(ren) to grant the rights set forth herein to us on behalf of such minor(s) and will indemnify us in the event of this representation proving to be false or misleading in any respect
All images are copyright to the Site and Longdog Art. Portrait images must not be used, downloaded or reproduced in any form without the express permission of the copyright holder
All content included on the Site, such as, but not limited to, images, text, graphics and logos, are our property and are protected by international copyright laws. The purchase of any Artwork does not provide you with any copyright interest or other intellectual property right to the Artwork.
Any content on the Site that is not our property of is used with permission.
Post Completion Dissatisfaction
In the unlikely event of you being dissatisfied with your finished Artwork you must notify us of your dissatisfaction with 14 days of delivery by us to you by returning the same to us. In these circumstances we shall pay to you 60% of the price for the Artwork that you have paid to us, less all postage and packaging costs on receipt of the returned Artwork. The Artwork remains our property and is subject to the same terms and conditions.
Contacting each other
If you wish to send us any notice then it needs to be sent by email to emma@longdog-petportraits.co.uk and should be marked for the attention of Emma Hedderson. If we wish to send you a notice we will use the email address you have given in Commission.
Reliance on these terms and conditions
We intend to rely on these terms and conditions as being the terms and conditions of the contract between you and us. We cannot accept any changes to these terms and conditions.
Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
