TERMS AND CONDITIONS
Use of Website
Terms and Conditions of Sale
USE OF WEBSITE
michellehouse.co.uk is the website of the artist and designer Michelle House who is based in London in the UK.
You can contact us by email at: mail@michellehouse.co.uk
1 ACCEPTANCE OF TERMS
Your access to and use of michellehouse.co.uk ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
michellehouse.co.uk reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that michellehouse.co.uk shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Michelle House or otherwise used by Michelle House as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, michellehouse.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 michellehouse.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of michellehouse.co.uk for death or personal injury as a result of the negligence of michellehouse.co.uk or that of its employees or agents.
7 PRIVACY AND COOKIES
7.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions. To view the Privacy Policy, click here
7.2 The Website uses cookies. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes:
To improve the functionality of the website and to improve the browsing experience.
This site uses Squarespace analytics cookies to help us improve the content of the website and to see what is of interest to the visitors of michellehouse.co.uk
Further details of cookies are included in our Privacy Policy here. By accepting these terms and conditions, you are giving consent to michellehouse.co.uk to place cookies on your computer. Please read the information contained in the Privacy Policy prior to acceptance.
If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
8 INDEMNITY
You agree to indemnify and hold michellehouse.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against michellehouse.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
9 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SALE – michellehouse.co.uk
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Michelle House (mail@michellehouse.co.uk) who owns and operates michellehouse.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means michellehouse.co.uk
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's email address stated in clause 1.5.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 To order Goods from this Website, the buyer must legally hold a valid credit / debit card or hold a valid PayPal account.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days.
4 DESCRIPTION OF GOODS AND PRODUCT VARIATIONS
4.1 The visual representations of Goods on the Website are as accurate as possible. Any Goods that are hand-printed may vary slightly to the photo on the Website. We try to match colour and print as closely as possible, however work is made in small batches and there may be variations between each batch in terms of colour, size, print and the weave of fabric.
4.2 We try very hard to display the colours of Prints and other Goods as accurately as possible, however different monitors vary and we cannot guarantee the accuracy of colours on our website or what in turn you the Buyer will see on your monitor.
4.3 Where image sizes have changed on prints and differ from the photograph on the Website, a note will be on the bottom of the description to advise the Buyer of this.
4.4 Paper sizes are approximate and fit common frame sizes.
5 PRICE AND PAYMENT
5.1 The price of the Goods shall be that stipulated on the Website.
5.2 The total purchase price, including delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
5.4 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
5.5 The Buyer has two options for payment of Goods on this Website:
a) PayPal: If choosing PayPal, the Buyer is required to have a valid PayPal account.
b) Stripe: The Buyer can pay either by valid Credit Card or Debit Card through this method. This store accepts Visa, MasterCard and American Express.
5.6 The Buyers order is shipped after the payment has been processed and reaches the sellers account.
Please see Delivery below for shipping times to the UK and outside of the UK.
6 RIGHTS OF SELLER
6.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
6.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
7.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
8 DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 5 to 10 working days of acceptance of order if in stock, but in any event, within 30 days after the Contract is entered into.
8.2 Goods supplied outside the UK will normally be delivered within 7 to 15 working days of acceptance of order if in stock, but in any event, within 30 days after the Contract is entered into.
8.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.5 Risk in the Goods shall pass to the Buyer when the goods are delivered to the address specified in the order, either themselves (the buyer) or a third party as indicated by the Buyer
8.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8.7 The Buyer shall inspect the Goods immediately and thoroughly upon receipt for any damage and shall contact the seller at mail@michellehouse.co.uk within 7 days if the Goods are damaged. Please refer to the Returns section below.
9 RETURN OF GOODS
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us at the address provided on the delivery note and receipt. The deadline is met if you send back the goods before the period of 14 days has expired.
10 COST OF RETURNING GOODS
You will have to bear the direct cost of returning the goods. Please ensure that:
a) The Goods are returned in the original packaging (if it’s not damaged) or otherwise sufficiently packaged and labelled correctly to Michelle House at the delivery address provided to you on your receipt and order.
b) You include your name, address and order number inside the package.
c) That the Goods are unused and in perfect condition when returning to the Seller.
d) You obtain a Certificate of Posting form the Post Office as proof of posting and ensure that the Goods are sufficiently insured for the return journey to the Seller.
11 DAMAGES AND FAULTY GOODS
If the Buyer claims that the goods arrived in a damaged or faulty condition, the Goods shall be returned to the Seller within 28 days of delivery following the steps above. If the Goods are defective, the Buyer is entitled to a full refund including delivery and postage costs. (Please get a Certificate of Posting from the Post Office as your proof of postage)
12 CANCELLATION
12.1 You have the right to cancel this contract within 14 days without giving any reason.
12.2 The cancellation period will expire after 14 days from the day:
(a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
12.3 To exercise the right to cancel, you must inform michellehouse.co.uk of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail, mail@michellehouse.co.uk).
12.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
12.5 If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
12.6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
12.7 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or
(b) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
12.8 We will make the reimbursement using the same means of payment as you used for the initial transaction.
12.9 In the event of cancellation we will withhold reimbursement until we have received the goods back in perfect condition.
13 LIMITATION OF LIABILITY
13.1 The Seller shall not be responsible for:
13.1.1 losses that were not caused by any breach on the part of the Seller; or
13.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
13.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
13.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
13.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.
14 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
15 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
16 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
17 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
18 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.