Terms & Conditions
Contents
Terms and Conditions – Use of Website, and Sales
1. Introduction
2. Who can use this website
3. Ordering
4. Products, Pricing and Payment
5. Delivery
6. Our Right to End the Contract
7. Your Rights to End the Contract
8. How to end the contract with us (Including if you have changed your mind)
9. If there is a problem with the product
10. Returns and Refunds
11. Intellectual Property
12. Limitation of Liability
13. Right to change and modify Terms
14. Promotional emails and content
15. Governing Law and Jurisdiction
​
Terms and Conditions – Use of Website, and Sales
1. Introduction
1.1 This website is owned and operated by Francesca Grace Muirhead ("Artist", "we", "us", or "our").
1.2 Francesca Grace Muirhead can be contacted (i) by email at mcleodfrancesca@gmail.com, (ii) by post at 16 St Aubyns Road, Portslade, Brighton, BN41 1AD, or (iii) by phone on 07756250333.
1.3 These terms and conditions (“Terms”) govern the use of the website www.francescagrace.co.uk (the "Website"), and sale of artworks and home décor ("Artworks") by Francesca Grace Muirhead ("Artist", "we", "us", or "our") to you, the purchaser ("you" or "buyer"), through the website.
1.4 By accessing or using the website, or placing an order, you approve that you have read, understood, and agree to be bound by these terms.
2. Who can use this website
2.1 In order to use our website and/or receive our services, you must possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
3. Ordering
3.1 When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
3.2 The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
3.3 Once an order is placed, you will receive an email acknowledging receipt of your order. This email is not an acceptance of your order; it is a confirmation that we have received your order.
3.4 All orders are subject to availability and acceptance by the Artist. The Artist reserves the right to refuse any order placed through the Website.
3.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. Please note that we reserve the right to reject the order, even after an email pursuant to clause 3.3 has been sent.
4. Products, Pricing and Payment
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a tolerance.
4.2 The price of each Artwork is as stated on the Website and is inclusive of any applicable taxes.
4.3 Payment for all orders must be made in full at the time of placing the order. We accept payment via Debit/Credit Cards, Klarna or PayPal.
5. Delivery
5.1 Delivery costs will be confirmed through the checkout process for all items purchased through the Website. For commissioned Artwork, delivery costs will be negotiated directly with the Artist during communications outside of the Website.
5.2 For purchases made through the Website, we will endeavour to deliver the Artwork to you within the timeframe specified on the Website. However, all delivery times are estimates only, and we shall not be liable for any delay in delivery.
5.3 We will endeavour to communicate with you should there be any foreseeable delay in delivery. This may be due to the need to purchase elements of some Artworks to order, or where bespoke requests have been made for Artwork composition.
5.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery please contact the courier to rearrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 6.1 will apply.
5.5 Risk of loss or damage to the Artwork passes to you upon delivery.
5.6 If you fail to accept delivery of the Artwork or fail to provide accurate delivery instructions, the Artwork will be deemed to have been delivered, and we may store the Artwork until delivery is accepted. In such cases, additional charges may apply.
6. Our Right to End the Contract
6.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(i) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(iii) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(iv) you do not, within a reasonable time, allow us access to your premises to supply the services.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 6.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract or for any damage to the goods.
7. Your Rights to End the Contract
7.1 You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see Clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 9;
(c) If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 calendar days; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. See Clause 8 for details.
7.4 How long do I have to change my mind? 14 days after the day you (or someone you nominate) receives the goods.
8. How to end the contract with us (Including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at mcleodfrancesca@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at 16 St Aubyns Road, Portslade, Brighton, BN41 1AD or (if they are not suitable for posting) allow us to collect them from you. Products must be securely packaged to avoid damage in transit. Please call on 07756 250333 or email us at mcleodfrancesca@gmail.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made. We will make any refunds due to you as soon as reasonably possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone 07756 250333 or write to us at mcleodfrancesca@gmail.com.
9.2 No exclusion of your legal rights. Nothing in these terms will affect your legal rights.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 07756250333 or email us at mcleodfrancesca@gmail.com for a return label or to arrange collection.
10. Returns and Refunds
10.1 We take great care to ensure that our Artworks are delivered to you in excellent condition. However, if you are not satisfied with your purchase, you may return the Artwork within14 days of receipt for a full refund, excluding any shipping costs, or an exchange for a like-for-like Artwork.
10.2 To initiate a return, please contact us at mcleaodfrancesca@gmail.com to obtain a return authorisation and shipping instructions.
10.3 please note that Artworks can only be returned in the country in which they were originally purchased.
11. Intellectual Property
11.1 The Artist retains all intellectual property rights in the Artworks, including, but not limited to, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the Artist. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
11.2 By purchasing an Artwork, you acquire only the physical embodiment of the Artwork and do not acquire any right or license to reproduce, distribute, or display the Artwork for commercial purposes.
12. Limitation of Liability
12.1 To the fullest extent permitted by law, in no event shall the Artist be liable for any indirect, punitive, incidental, special, consequential or exemplary loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information, or any special, indirect, consequential, or pure economic loss, costs, damages, charges, claims or expenses arising out of or in connection with your use of this website or these terms and conditions. This includes supposed liabilities owing to errors, mistakes, or inaccuracies of content on this website.
13. Right to change and modify Terms
13.1 We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
14. Promotional emails and content
14.1 Where you have signed up to the Website’s newsletter, you agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
14.2 Please find detailed information on the control of your data in our Privacy Policy.
15. Governing Law and Jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with UK law.
15.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the UK.