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Terms and conditions

  1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Millie Fry, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

  2. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Millie Fry and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Millie Fry and accessing the Website in connection with the provision of such services.

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are Millie Fry, with email address milliefryart@outlook.com; (the Supplier or us or we).

  2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

  2. Contract means the legally binding agreement between you and us for the supply of the Goods;

  3. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

  5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

  6. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

  8. Website means our website www.milliefryartist.com on which the Goods are advertised.

Goods

  1. The description of the Goods is as set out on the Website. Any description/ photo is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

  2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All Goods which appear on the Website are subject to availability

 

 

Personal information and Registration

  1. When registering to use the Website members section you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

  2. We retain and use all information strictly under the Privacy Policy.

  3. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

  2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

  3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

  4. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

  2. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

  3. 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. 

 

 

Delivery

 

  1. Delivery in the UK is £10.00, usually within 5 working days (not guaranteed).

  2. All paintings are sent out with a high standard of protective packaging to ensure the painting arrives safely. Your parcel will need to be signed for.

  3. Once you have placed an order you will receive a confirmation email and delivery updates from me.

  4. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

  5. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

  6. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

 

Returns and cancellation policy

 

Change of mind / Cancellation

 

  1. In the unlikely event you are not 100% happy with the artwork you have purchased, you have 14 days of receiving the order to notify and discuss with Millie Fry you wish to return your artwork. Once you have notified and arranged a return with Millie Fry you must return the artwork within 14 days. Cost of return is to be covered by you, the customer. The artwork must be in original protective packaging. Once received, the artwork will be inspected to ensure the piece is returned as it was dispatched. If the artwork is received and approved under the inspection, the refund (of artwork only) will be arranged within 14 days. If the artwork is received and not approved under the inspection, the refund will be disputed to that individual case.

 

  1. Artwork has to be returned by the original buyer; returns are not accepted by anyone else. Proof of purchase may be required for a refund. Return only accepted if artwork was purchased through Milliefryartist.com.

​Damages

 

  1. If your order arrives damaged, you must email Millie Fry within 24 hours of receiving artwork, along with photo evidence and summary of damage to artwork. No return can made before communicating with Millie Fry.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and returns policy. See at bottom of website, milliefryartist.com.

 

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Millie Fry, our affiliates or other relevant third parties. In these terms and conditions, Content means any photos, images of artwork, text, graphics, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

  2. You may, for your own personal, non-commercial use only, do the following:

  3. retrieve, display and view the Content on a computer screen

  4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Millie Fry. 

Uploading content

  1. You recognise and agree that by uploading any content (including, but not limited to comments, images and text) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Community

  1. Milliefryartist.com is hosted by Wix. Wix offers its users the ability to create communities for the users of their websites, in order to interact with such users in a better way. 
    All users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (posts or comments) will be visible to other visitors of the website.
    Any user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

            

Prohibited use

  1. You may not use the Website for any of the following purposes:

  2. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

  3. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.

  4. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Millie Fry or that of our affiliates.

  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Millie Fry makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Millie Fry is under no obligation to update information on the Website.

  2. Whilst Millie Fry uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

  3. Millie Fry accepts no liability for any disruption or non-availability of the Website.

  4. Millie Fry reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

  5. Millie Fry reserves the right to modify these terms from time to time at her sole discretion. Therefore, you should review these pages periodically. Your continued use of the Website 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.

Promotional emails and content.

  1. 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. 

 

  Indemnification

  1. You agree to indemnify and hold Millie Fry harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability

  1. To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

    To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Governing law, jurisdiction and complaints

 

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

  3. We try to avoid any dispute, so please contact Millie Fry at milliefryart@outllok.com and we will try to solve the issue.

 

16 September 2021

For any questions regarding these terms and conditions please contact Millie Fry at milliefryart@outlook.com. Thank you.

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