Terms and Conditions

BACKGROUND:

            These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods and Bespoke Hand-drawn image are sold by Us to consumers through this website, www.dbhouseportraits.co.uk (“My Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods and/or Bespoke Hand-drawn image from My Site.  You will be required to read and accept these Terms of Sale when ordering Goods and/or Bespoke Hand-drawn image.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods and/or Bespoke Hand-drawn image through My Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation
    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Bespoke Hand-drawn image”means goods made or customised to order of a property at your request, sold by me through my Site;
“Contract”means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Content”means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site; and
“Goods”means goods (that are pre-designed and printed not madeto order) sold by me through my Site;
  
“My/Me/I”means DB House Portraits.
“Order / Commission”means your order for Goods and/or Bespoke Hand-drawn image;
  
  
  1. Information About Us

My Site is operated by DB House Portraits.
Postal address: Briar Cottage, Kirmond Road, Binbrook, Lincolnshire LN8 6DS.

  1. How to Contact Us

To contact Us, please email me at dbhouseportraits@gmail.com. Or call meTelephone number: 07470 230015.

  1. Access to and Use of my Site
    • Access to my Site is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access my Site.
    • Access to my Site is provided “as is” and on an “as available” basis.  I  may alter, suspend or discontinue my Site (or any part of it) at any time and without notice.  I will not be liable to you in any way if my Site (or any part of it) is unavailable at any time and for any period.
  2. Use of my Site is subject to these:
  1. International Customers
    • Happy to sell to international customers.  Postage for destinations outside of the UK will be charged at £3 (packaging costs) PLUS the postage rate at that time (this will be confirmed before final payment is due).
  1. Goods, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods and Bespoke Hand-drawn image available from Us correspond to the actual Goods and/or Bespoke Hand-drawn image that you will receive.  Please note, however, the following:
      • Images of Goods and Bespoke Hand-drawn image are for illustrative purposes only.  Yours will be based on the image you provide.
      •  Images and/or descriptions of packaging are for illustrative purposes only; the actual packaging may vary.
    2. Please note that sub-Clause 7.1 does not exclude my responsibility for mistakes due to negligence on my part and refers only to minor variations of the correct Goods and/or Bespoke Hand-drawn image, not to different ones altogether. 
    3. If you order Bespoke Hand-drawn image from me, I will create a hand-drawn image based on the images provided by you.  When you place an Order for Bespoke Hand-drawn image, I will provide details of the information required from you and confirm image size.
    4. When placing an Order for Bespoke Hand-drawn image, please ensure that all information that you provide to me is correct, accurate, and complete.  I cannot accept the return of any Bespoke Hand-drawn image if that return is due to incorrect information provided by you.  Please note that this does not affect your legal rights.
    5. We make all reasonable efforts to ensure that all prices shown on my Site are correct at the time of going online.  I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already.
    6. All prices are checked by me before I accept your Order or commission.  In the unlikely event that I have shown incorrect pricing information, I will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, I will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, I will give you the option to purchase the Goods and/or Bespoke Hand-drawn image at the correct price or to cancel your Order (or the affected part of it).  I will not proceed with processing your Order in this case until you respond. 
    7. In the event that the price of Goods and/or Bespoke Hand-drawn image you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on my Site at the time of placing your order.
    8. Delivery charges are not included in the price of Goods or Bespoke Hand-drawn image displayed on my Site.  For more information on delivery charges, please refer to each product page.  Delivery options and related charges will be presented to you as part of the order process.
  1. Orders
    1. Orders/Commission requests must be placed/confirmed by email. If you are ordering Bespoke Hand-drawn image, please check the details in email confirmation carefully as I may not be able to accommodate changes once I  have begun work on image.
    2. £20 non-refundable deposit is required to secure your commission slot. The balance is due on completion or can be paid in instalments while work is being carried out.
    3.  Customising your Bespoke Hand-drawn image you are required to send to me:
      • Several good quality and in-focus photos of the house or building. Ideally, these should be from several angles, including your preferred angle (please state which one you prefer).
      • Photos taken on a day with an even light are best – bright sun or wet conditions can alter the appearance of brick colour, which is particularly pertinent for older buildings with interesting brick or stonework. Close-ups of particular details such as ornate woodwork or doors, for example, are also extremely useful.
      • Ideally, I need to see the foreground also, so if there are any objects obscuring particular points then please try to take photos either with these items removed or with them not included. For instance, a car parked on the drive or in front of the house. 
      • Obviously, some objects can’t be removed, such as trees or shrubs and can make a nice feature, so let me know if you want them including as they are or trimmed back!
      • Items can also be added in. Hanging baskets are always a popular request, particularly if the photos have been taken in the winter. Photos of the garden in spring or summer are useful if it is to appear in the painting. I don’t really do animals, but I have added a couple of very small dogs before now.
      • If, during the order process, you provide me with incorrect or incomplete information, please contact me as soon as possible.  If I am unable to process your Order due to incorrect or incomplete information, I will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of my request, I will cancel your Order and treat the Contract as being at an end. 
    4. An estimated completion dates:
      • A4 House Portrait – 6 weeks
      • A5 House Portrait – 6 weeks
      • A5 Door Portrait – 3 weeks
      • A6 Door Portrait – 3 weeks
      • Pack of blank cards – a small amount of stock available.
    5. If I do not accept or cannot fulfil your Order for any reason, I will explain why in writing.  No payment will be taken under normal circumstances.  If I have taken payment any such sums will be refunded to you as soon as possible.
    6. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods and/or Bespoke Hand-drawn image.
  2. All commissions postage fees:
    • UK postage and packing for full house portraits is charged at £10 for a first-class, tracked Royal Mail service.
    • For door portraits postage and packing is £5 a first-class, signed for Royal Mail service – “tracked service” available for an extra fee).
    • Postage for destinations outside of the UK will be charged at £3 (packaging costs) PLUS the postage rate at that time (this will be confirmed before final payment is due).
  3. Packs of pre-designed blank cards will be sent using Royal mail and charged.
  4. Local customers (I’m based in Binbrook, Lincolnshire) are welcome to arrange collection from my home address if preferred.
  • Payment
    1. Payment for Goods and/or Bespoke Hand-drawn image and related delivery charges must always be made in advance and you will be prompted to pay during the order process. 
    2. I accept the following methods of payment:
      • PayPal.
      • Invoice/BACS – Preferred method
  1. Cancelling and Returning Goods if You Change Your Mind
    1. If you are a consumer, you may have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, subject to the exceptions stated below (including, but not limited to, Bespoke Hand-drawn image).  This period begins once your Order is complete and I  have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed.  You may also cancel for any reason before I start working on the commission.
    2. If you wish to exercise your right to cancel under this Clause 10, you must inform me of your decision within the cooling-off period.  You may do so in any way you wish,  Please use the following details:
      • Email address: dbhouseportraits@gmail.com.
      • Telephone number: 07470 230015.
      • Postal address: Briar Cottage, Kirmond Road, Binbrook, Lincolnshire LN8 6DS.
      • In each case, providing Us with your name, address, email address, telephone number.
    3. We may ask you why you have chosen to cancel and may use any answers you provide to improve my products and services, however please note that you are under no obligation to provide any details if you do not wish to.
    4. Please note that Bespoke Hand-drawn image do not qualify for a 14 calendar day cooling off period, so you must notify us before I start work on a commission.  You may cancel after receiving Bespoke Hand-drawn image if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.
    5. Pre-designed/printed cards orders maybe cancelled as part of the cooling off period but you should notify me within 14 calendar day.
    6. Please ensure that you return Goods to me no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 10.
    7. You may return Goods to Us by post or another suitable delivery service of your choice to my returns address at Briar Cottage, Kirmond Road, Binbrook, Lincolnshire LN8 6DS.
    8. Please note that you must bear the costs of returning Goods to me if cancelling under this Clause 10.
    9. Refunds under this Clause 10 will be issued to you within 14 calendar days of cards being returned assuming they are returned in the same condition they were delivered to you.
    10. Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Goods.
  1. Events Outside of my Control (Force Majeure)
    1. I will not be liable for any failure or delay in performing my obligations where that failure or delay results from any cause that is beyond my reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond my reasonable control.
    1. If any event described under this Clause 11 occurs that is likely to adversely affect my performance of any of my obligations under these Terms of Sale:
      • We will inform you as soon as is reasonably possible;
      • We will take all reasonable steps to minimise the delay;
      • To the extent that I  cannot minimise the delay, my affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that I  are bound by will be extended accordingly;
      • We will inform you when the event outside of my control is over and provide details of any new dates, times or availability of Goods and/or Bespoke Hand-drawn image as necessary;
  1. Other Important Terms
    1. I may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If I change these Terms of Sale as they relate to your Order, I will give you reasonable advance notice of the changes and provide details of how to cancel if you will be affected and are not happy with them.
  2. Changes to these Terms and Conditions
    1. I may alter these Terms and Conditions at any time. If I do so, details of the changes will be highlighted at the top of this page. As explained above, your use of My Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of My Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use My Site.
    2. If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless I explicitly state otherwise.
  1. How You May Use My Site and Content (Intellectual Property Rights)
    1. All Content included on My Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by me, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. You may access, view, and use My Site in a web browser (including any web browsing capability built into other types of software or app) and you may download My Site (or any part of it) for caching (this usually occurs automatically).
    3. You may print one copy and download extracts of any page(s) from My Site for personal use only.
    4. You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from My Site must not be used separately from accompanying text.
    5. My status as the owner and author of the Content on My Site must always be acknowledged.
    6. All Content included on My Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by me, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    7. You may access, view, and use My Site in a web browser (including any web browsing capability built into other types of software or app) and you may download My Site (or any part of it) for caching (this usually occurs automatically).
    8. My status as the owner and author of the Content on My Site (or that of identified licensors, as applicable) must always be acknowledged.
    9. You may not use any Content saved or downloaded from My Site for commercial purposes. This does not prevent the normal access, viewing, and use of My Site for general information purposes by business users or consumers.
    10. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
  1. Links to My Site
    1. You may link to any page on My Site
    2. Links to My Site must be fair and lawful. You must not take unfair advantage of my reputation or attempt to damage my reputation.
    3. You must not link to My Site in a manner that suggests any association with me (where there is none) or any endorsement or approval from me (where there is none).
    4. Your link should not use any logos or trade marks displayed on My Site without My express written permission.
    5. You must not frame or embed My Site on another website without my express written permission.
    6. You may not link to My Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that I deem to be otherwise objectionable.
  1. Links to Other Sites
    1. Links to other websites may be included on My Site. Unless expressly stated, these sites are not under my control. I accept no responsibility or liability for the content of third-party websites.
    2. The inclusion of a link to another website on My Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
  1. Disclaimers
    1. Nothing on My Site constitutes professional advice on which you should rely. It is provided for general information purposes only.
    2. We make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up to date, but I make no warranties, representations, or guarantees (express or implied) that this will always be the case.
    3. If you are a business user, I exclude all implied representations, warranties, conditions, and other terms that may apply to My Site and Content.
  1. Viruses, Malware, and Security
    1. We exercise reasonable skill and care to ensure that My Site is secure and free from viruses and malware; however, I do not guarantee that this is the case.
    2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.
    4. You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.
    5. You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of Parts 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.
  1. Acceptable Usage of My Site
    1. You may only use My Site in a lawful manner:
      • You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
      • You must not use My site in any way, or for any purpose, that is unlawful or fraudulent; and
      • You must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
    2. If you fail to comply with the provisions of this Part 12, you will be in breach of these Terms and Conditions. I may take one or more of the following actions in response:
      • Suspend or terminate your right to use My Site;
      • Issue you with a written warning;
      • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • Take further legal action against you, as appropriate;
      • Disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or
      • Any other actions which I deem reasonably appropriate (and lawful).
    3. We hereby exclude any and all liability arising out of any actions that I may take (including, but not limited to those set out above in Part 13.2) in response to your breach.
  1. How I Use Your Personal Information

We will only use your personal information as set out in My PRIVACY policy and My Cookie Policy.

  1. Communications from Us
    • If I have your contact details, I may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to My Site or to these Terms and Conditions.
    • We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from me include an unsubscribe link.
  2. Law and Jurisdiction
    • These Terms and Conditions, and the relationship between you and me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 15.1 takes away from or reduces your legal rights as a consumer.
    • If you are a consumer, any dispute, controversy, proceedings, or claim between you and me relating to these Terms and Conditions or to the relationship between you and me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business user, any dispute, controversy, proceedings, or claim between you and me relating to these Terms and Conditions or to the relationship between you and me (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.