TERMS AND CONDITIONS

1. INTRODUCTION

1.1 This website eteportraits.com (“the Site”) allows its users to purchase original artworks, limited edition artwork prints, and commission artwork with certain additional services and features. The Site is operated by ETE Portraits, a pseudonym for Emma Towers-Evans (“we” or “us” or “our”).

1.2 Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

1.3 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

1.4 This Website may contain links to other websites, which are not operated by us (the “Linked Sites”). We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

2. PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

3. PROHIBITIONS

3.1 You must not misuse this Website. You will not: commit or encourage a criminal offence, transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

3.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

4.1 The intellectual property rights in all software and content made available to you on or through this Website remains the property of us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

4.2 You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us or our licensors. All images on this site are the intellectual property of us. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of us.

5. INTERNET-BASED SERVICES

5.1 The uptime and accessibility of internet-based services is not guaranteed. We will not accept liability for any failure of any internet-based services as a result of computer system failure, internet failure, software bugs, computer viruses, software or hardware breakdown, incompatibility of our internet-based services with any third party software being used by the Client, or for any other reason outside of our reasonable control.

5.2 The Client shall be responsible for maintaining the confidentiality of all passwords for access to internet-based services, and we will not accept any liability for lost or stolen passwords, or for any unauthorised access to the Client’s digital data held on any internet-based service.

6. ORDERS

6.1 The Client may order services and/or consumables online.

6.2 All orders for services and/or consumables shall be binding on the Client whether or not they are confirmed by us.

6.3 We shall not be responsible for any errors made by the Client.

6.4 We shall be entitled to assume that any person placing and/or signing an order on behalf of the Client is authorised to do so.

6.5 We reserve the right in our absolute discretion to refuse to accept any order.

6.6 Once an order has been accepted by us, we shall supply the services and/or product/s ordered in accordance with these Terms and Conditions.

6.7 We reserve the right to produce work via the optimum method available to fulfil the order.

7. TERMS OF SALE

7.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

7.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

7.3 In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be by us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

8. OUR CONTRACT

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

9. PAYMENT

9.1 Payments can be made through this website via Stripe, or PayPal using this website’s checkout process. Online payments take place on PayPal or Stripe servers – we do not see or store any of your payment data.

9.2 We accept Paypal, American Express, Mastercard and VISA for payments on the website and American Express, Mastercard and VISA on the site.

9.3 Our credit card processor is Stripe. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available.

10. SSL AND HSTS

Stripe forces HTTPS for all services, including their public website. They regularly audit the details of their implementation: the certificates they serve, the certificate authorities they use, and the cyphers they support. They use HSTS to ensure browsers interact with Stripe only over HTTPS. Stripe is also on the HSTS preloaded lists for both Chrome and Firefox.

11. ENCRYPTION

All card numbers are encrypted on disk with AES-256. Decryption keys are stored on separate machines. None of Stripe’s internal servers and daemons are able to obtain plaintext card numbers; instead, they can just request that cards be sent to a service provider on a static whitelist. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure and doesn’t share any credentials with Stripe’s primary services (API, website, etc.).

12. PRICING AND AVAILABILITY

12.1 Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

12.2 The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies

12.3 Our quotes are all provided with an expiry date which they are valid until, usually of one month from the date that the quote was issued. After this period if payment has not been received, a new quote will be issued. We do not guarantee fixed prices.

12.4 Full payment must be received before we begin work on a commission. We will provide the client with a personalised invoice once payment has been received.

12.5 Our prices and quotes are provided in GBP. We are not responsible for any losses due to fluctuations in the exchange rate.

12.6 VAT is currently not charged on our drawings and products.

13. DISCOUNT CODES

13.1 Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Website.

13.2 The conditions of use relating to any discount code will be specified at the time of issue.

13.3 These T&Cs relate to all our promotions, competitions and discount codes (unless otherwise stated).

13.4 Only one promotion code can be used per order.

13.5 A promotion code can’t be used after an order has been placed.

14. DELIVERY OF GOODS

14.1 The Client may have goods delivered by us for an additional delivery charge.

14.2 Whilst we will make every effort to collect the Client’s materials and deliver orders as quickly as possible, we will not be liable for any losses arising from delays in delivery.

14.3 Service times which are quoted are target times only. we reserve the right to vary service times and accept no liability for failure to comply with quoted service times resulting in any loss, direct or indirect.

14.4 Where we have agreed to deliver goods to the Client, goods shall be delivered to the delivery address specified by the Client. If our representative(s) is/are unable to gain access to the delivery address and/or if delivery is delayed due to any act or omission of the Client, the Client shall be responsible for any additional delivery costs incurred by us as a result of rearranging delivery and shall pay hire charges as if the delivery had not been so delayed.

14.5 Immediately upon receipt of any goods, the Client shall inspect and satisfy themself as to its condition. If the Client fails to notify us, within seven days after receipt, of any defect in or problem with the equipment and/or if the Client starts to use the goods, the Client shall be deemed to have confirmed that the goods are in a satisfactory condition upon delivery or collection.

14.6 We always ship with full insurance and tracking. Any issues during transit will be fully addressed by us, to ensure that as little stress and hassle as possible is incurred to the client. We cannot accept responsibility for any damage incurred after the portrait has been delivered.

14.7 If any damage is incurred to a portrait during transit, the client must inform us with photographic evidence immediately upon receipt so that we can begin any necessary insurance claims and arrange necessary repairs with the client.

14.8 We are happy to ship portraits intended as gifts directly to the recipient.

14.9 Shipping times may vary depending on where in the world you are based. We will inform clients of lead times on a case-by-case basis.

15. CANCELLATION OF COMMISSIONED DRAWINGS

15.1 If a cancellation of a commission needs to be made once payment has been received, the client must inform us as soon as possible. If work has begun on the drawing by this point, we will not be able to issue a full refund. We will always inform the client via email when we are about to begin work on their commission.

15.2 For commission orders there is a cancellation fee of £50, which covers transaction fees and administration associated with the commission in question.

16. RETURNS AND REFUNDS FOR COMMISSIONED DRAWINGS

16.1 For commissioned works it is important that the Client is happy with the photo they send us, as the drawing will resemble it closely. We will be in touch with the client throughout the commissioning process to ensure there are many opportunities to discuss the drawing.
The Client must approve the drawing before it is posted.

16.2 If the Client is unhappy with their commission we will work with them on a case-by-case basis to resolve any issues. The Client is responsible for postage fees if they wish to send their commission back to us for alterations.

16.3 Due to the nature of the commission service we provide, we cannot accept returns. If there are any issues, we will work with the client on a case-by-case basis to resolve these.

17. RETURNS AND REFUNDS FOR OUR ONLINE STORE

17.1 This returns policy and procedure is applicable to items purchased in the online store, and not for commissions.

17.2 Returns Policy:

  • 17.2.1 Items purchased through the Shop are returnable within 14 days, in line with the Consumer Rights Act of 2015.
  • 17.2.2 Returned items should be unused and unwrapped in their original packaging.
  • 17.2.3 Returns are sent at the cost of the client.
  • 17.2.4 The client’s refund will be processed within 28 days of receipt of the returned item.
  • 17.2.5 Postage arrangements are not Our responsibility, and so necessary postage insurance should be arranged in case the returned item is lost in transit.
  • 17.2.5 We will refund shipping costs on faulty orders only.
  • 17.2.6 We cannot offer goods in exchange for the ones that are returned, only replacements. 

17.3 Returns procedure:

  • 17.3.1 Contact us with your order number handy and the reason for your return.
  • 17.3.1 As soon as we receive your request, we’ll send step-by-step instructions on how to return your order.
  • 17.3.3 Repack the item unwrapped and in the original packaging it came in. The order must be in the original pristine condition you received it in.
  • 17.3.4 Once we receive your returned order, we’ll replace or refund it, including the cost of return shipping if your order is faulty.
  • 17.3.5 We process all refunds within 28 days.

18. DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

19. LINKS TO THIS WEBSITE

19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

19.2 You must not establish a link from any website that is not owned by you.

19.3 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

19.4 Disclaimer as to ownership of trademarks, images of personalities and third party copyright

19.5 Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

20. FORCE MAJEURE

We shall not be liable for any delay in performing or failure to perform its obligations hereunder to the extent that such delay or failure results from any cause or circumstance beyond its reasonable control, including without limitation any inability of us to secure labour, materials, supplies or transport, scarcity of fuel, power or components, breakdown of machinery, fire, storm, flood, acts of God, internet failure, war, civil disturbance, strikes, lockouts or industrial action (each an “event of force majeure”). If any event of force majeure occurs, the date(s) for the performance of our affected obligation(s) shall be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues for a period of or exceeding 60 days, the Client may cancel the affected order (or the affected part(s) of it) by written notice to us.

21. INDEMNITY

You agree to indemnify, defend and hold harmless us from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

22. VARIATION

We have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

23. INVALIDITY

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected. All other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

24. COMPLAINTS

If you have a complaint or a comment, please use the contact form to contact us.

25. WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

26. GOVERNING LAW AND JURISDICTION

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

27. ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Emma Towers-Evans.