Terms and Conditions
For the purpose of these Terms and Conditions (T&Cs) Positive Images Art will be referred to as the "THE COMPANY" , www.positiveimagesart.co.uk will be referred to as "THE SITE" and you as the purchaser will be referred to as "THE PURCHASER" and any person who accesses the site, purchaser or not, will be referred to as "YOU".
Positive Images Art can be contacted either by post at The Winery, Southlands Lane, West Chiltington, West Sussex RH20 2JU or by email
art@positiveimages.co.uk or by phone on 01798 817900.
Terms of Use
By clicking the "I Accept" button, "YOU" agree to be bound by the terms of this legal agreement between "YOU" and “THE COMPANY” which sets out the terms and conditions (T&Cs) relating to the use of the service provided via www.positiveimagesart.co.uk and any information or materials contained therein.
In accessing and exploring the site, "YOU" hereby agree with "THE COMPANY" that the following T&Cs are applicable to "YOU" as the user and will agree with all the proprietary notices and copyright information exhibited in "THE SITE". “THE COMPANY” reserves the right to update or modify the T&Cs at any time without prior notice.
"THE SITE" may contain links to other third party sites. “YOU” acknowledge and agree that a) “THE COMPANY" has no control over third party sites which "YOU" link to through the site or via links to the site; b) “THE COMPANY” is not responsible for the availability of such third party sites; c) “THE COMPANY” does not endorse/is not responsible or liable for any content, advertising, products or other materials on or available from such third party sites; and d) “THE COMPANY” is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party sites.
“THE COMPANY" makes all reasonable efforts to ensure the accuracy of the information contained within the site; however, “THE COMPANY" accepts no liability for any inaccuracies or mistakes that may arise and “THE PURCHASER" will have no claim against “THE COMPANY" in respect of these or their effect. “THE COMPANY" will correct any inaccuracies should they arise as soon as this is brought to its attention. Please direct any corrections or observations to art@positiveimagesart.co.uk. “THE COMPANY" reserves the right to cancel or decline any order from any person or business in any jurisdiction.
“THE PURCHASER" or any person accessing the site will acknowledge that all information, imagery, copyrights, designs, products, proprietary information rights and any other information displayed on the site is solely the property of “THE COMPANY" and belong to and are the absolute property of “THE COMPANY” automatically and without further formality on their coming into existence. Accordingly, "YOU" hereby assign all such intellectual property rights including imagery in the content which "YOU" provide us by way of present assignment of future intellectual property rights and "YOU" confirm that all rights arising in the content vest in us.
"YOU" or “THE PURCHASER" should note that when submitting imagery by way of post or by way of uploading to "THE SITE" that "YOU" have confirmed that "YOU" have all rights or have obtained the relevant written permission for the respective image and that “THE COMPANY" cannot accept any responsibility or liability for any legal action that may arise.
“THE COMPANY" accepts no liability whatsoever for any imagery supplied by "YOU", regardless of format, that may be lost or damaged in transit and/or whilst in the safe keeping of “THE COMPANY” and recommends that any imagery supplied to “THE COMPANY” be copied prior to dispatch. Similarly, “THE COMPANY" has the right to refuse to supply the product if the imagery supplied is deemed to be an offence to public taste. All imagery supplied by "YOU" may incur a degree of cropping or editing in which case “THE COMPANY’S” design team will determine the best result in their opinion.
Acceptance
The order shall be concluded only when “THE COMPANY'S" on screen Acknowledgement of Order is sent and your payment by credit card has been authorised or cleared.
Products
The products contained within "THE SITE" may differ in colour from the way in which they are represented from one computer monitor to another. What a customer may see on screen can only be used as a guide and not as an exact representation.
Pricing
All prices are displayed on the site and are inclusive of delivery and local taxes. All prices are quoted in pounds sterling. In the event that there is a typographical or human error in relation to prices and/or sizes “THE COMPANY" has the right to cancel orders and can accept no liability whatsoever.
Payment
Payment of goods can be transacted by credit card via the site or direct by telephone. Where card details are taken online, our website uses industry standard SSL technology to encrypt your card details as they are transferred to our server.
Payment Types
“THE COMPANY" accepts all major credit cards and debit cards including Visa, Mastercard and Switch.
Delivery
Once payment has been received by way of cleared funds "THE PURCHASER" should allow up to 14 days for delivery. Goods will be dispatched on an overnight service with “THE COMPANY'S" preferred distribution partner. A signature will be required in order for the goods to be delivered. All damage to packaging must be stated on the signed delivery note and advised to “THE COMPANY” immediately. If in the unlikely event the product is found to be damaged upon opening “THE PURCHASER" must notify “THE COMPANY" within two days of receipt of the product so that “THE COMPANY" can investigate further and take action accordingly.
Returns and Refunds
Products are made to order and “THE COMPANY" cannot offer a money back guarantee. However, if a customer is not entirely satisfied with the product they should inform “THE COMPANY" within seven working days and return the item appropriately packaged within 14 days of receipt of the product so that the product can be replaced with a product of equal value.
Complaints
In the event that “THE COMPANY" fails to meet its high standards of customer service, we request that “THE PURCHASER” contact “THE COMPANY" directly, either by telephone on 01798 817900 or by email to art@positiveimagesart.co.uk for the complaint to be dealt with promptly and satisfactorily.
Statutory Rights
Nothing contained within these T&Cs affects or will affect the statutory rights of the “THE PURCHASER" or the recipient in relation to the quality, fitness or description of the goods supplied.
Copyright
All website design, text, graphic and designs of the prints and or products within the site are copyright © Positive Images Art or its suppliers.
Data Protection and Privacy
“THE COMPANY" values its customers’ privacy and works on a non-disclosure basis and does not pass on client information to third parties. In order for “THE COMPANY" to process an order we have to collect your name, address, email address and telephone number(s). “THE COMPANY" also constantly monitors traffic patterns so that it can constantly improve its website; however, if "YOU" would prefer not to receive information from “THE COMPANY" on promotions please advise art@positiveimagesart.co.uk. When “THE COMPANY" processes your order we will use the WorldPay secure payment system that encrypts all your information before it is sent to us.
These T&Cs shall be governed, construed and shall take effect in accordance with the laws of England and Wales and shall be subject to the jurisdiction of the English courts. If any of these T&Cs are ineffective in any way, the remainder of them shall form the T&Cs binding "YOU" and “THE COMPANY". Any failure by “THE COMPANY" to enforce at any time any of these T&Cs shall not be construed as or deemed to be a waiver by “THE COMPANY" of its rights under this agreement. Nor shall failure in any way affect the validity of the whole or any part of these T&Cs and “THE COMPANY'S" right to take subsequent action shall not be prejudiced by such failure.