terms & conditions

1. Products

1.1 We reserve the right to withdraw any products from this website at any time. 1.2 You accept that a photograph when enlarged may lose some definition and that colour variation may occur in finished item. The quality of the final print is dependent on the quality of the original image supplied. 1.3 You accept that we need to exercise a degree of license to crop and edit images to fit and to achieve the very best results. 1.4 Product sizes are relatively accurate, but due to the nature of making customised products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on the website. Occasionally we may substitute materials and adjust product design to accommodate production considerations in relation to supply or stock shortages. 1.5 Promotional images of our products are good guides for what we make. We do not warrant that the final item will be exactly as per the images contained in the website. There are often improvements made to products that are not visible in the promotion photographs, and there may be occasion when a stock component may be unavailable giving rise to the need to supply a variant of that part in the finished item. 1.6 To maintain continuity of service we reserve the right to use alternative materials in production, to those stated on the website. 1.7 You are advised to keep back ups of all material provided to us. In particular, it is your responsibility to keep backup copies of images uploaded by you or emailed to us. We will not be held responsible or held liable for keeping backups or for loss of, deletion or corruption of any images or any other material. artbyheart accepts no responsibility for the loss or damage to any photograph or painting supplied to it. 1.8 In the unlikely event of a manufacturing fault, we shall use our reasonable endeavours to repair any such fault, at no cost to you. 1.9 In the unlikely event of a concern with the product on receipt it must be brought to our attention within 7days or receipt of goods, or in the case of non-delivery in a reasonable time after the goods were expected to arrive. Failure to make such a notification shall be deemed to be conclusive evidence of the conformity of the goods supplied to your request. 1.10 We may like to take a photo of your finished product for display in our web gallery and reserve the right to do so unless you expressly forbid us from so doing at time of order.

2. Delivery

2.1 Delivery times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date.

3. Disclaimer

3.1 Our site and its contents are provided to you on an 'as is' basis. We make no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible pursuant to applicable law. 3.2 Although we use our reasonable endeavours to ensure the accuracy of the Content on our site, we make no representations or warranties as to the accuracy, correctness, or reliability of the Content. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this website or its contents. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. By using this website you acknowledge that its use is at your own risk. The website may link to other websites that may be of interest to you, but such websites are not under our control. These links are not endorsed by artbyheart and we are not responsible for the availability of, or the content contained in, any linked site.

4. Limitation of Liability

4.1 artbyheart and its Content providers are not liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of this website (or the services provided through the website). 4.2 It is the sole responsibility of the person sending pictures to the website to ensure that they have the permission of the copyright owner to use any such image. By sending any image to the website you warrant that: a) it is your own or your child’s original work, or that you have the written permission of the copyright owner and that you have the right to make it available to artbyheart for processing; b) it does not infringe any law; c) you indemnify artbyheart against all legal fees, damages and other expenses that may be incurred by artbyheart as a result of your breach of the above warranties 4.2 (a) and 4.2 (b); and 4.3 You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.

5. General

5.1 If any of the above provisions are held to be illegal or unenforceable such provisions shall be severed and the remainder of this agreement shall remain in full force and effect.

5.2 Neither party to this agreement shall be responsible to the other party for any delay in performance of non-performance due to a force majeure event. “Force majeure event” means an event beyond the reasonable control of either party including without limitation strike, lock-out, labour dispute, act of God, war, civil commotion, terrorism, malicious damage, compliance with a law or government order, rule, regulation or direction, fire, flood, or storm.

5.3 This agreement constitutes the entire agreement between artbyheart and you and supersedes all previous communications, representations and agreements, whether written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied in this agreement. For the avoidance of doubt nothing in this agreement shall limit in any way any rights that you may have arising by virtue of the Contracts (Rights of Third Parties) Act 1999.

5.4 The terms of this agreement shall govern the relationship between artbyheart and you and the use of the services provided by Us shall constitute acceptance by you of the Terms.

5.5 This agreement shall be governed by and construed in accordance with English Law. The courts of England have exclusive jurisdiction over any dispute arising from this agreement and each party irrevocable submits to the jurisdiction of the courts of England