Terms and Conditions

Website terms and conditions

 

Last updated in November 2023.

Hello - I’m Vivienne Hollis, of Beautiful Art for Small Spaces. Welcome to my terms and conditions! They explain the terms under which you visit my website at https://www.artforsmallspaces.shop/, or make a purchase of goods from my website.

By visiting my website, or making a purchase of my goods, you’re considered to have accepted these terms and agree to the legally binding contract that forms between you and me. If you don’t agree, you shouldn’t use my website or purchase my goods.

 

My shop

Pricing and availability

The images I provide of the goods on my website are for illustrative purposes only. While I make every effort to display the colours and packaging (if applicable) accurately, I just can’t guarantee that a device's display of the colours will reflect the actual goods. Your goods might therefore vary slightly from those images you’ve seen online.

I can’t guarantee that the goods you would like to purchase will always be available and it is possible that my website may not reflect that a particular item is out of stock.

I use my reasonable efforts to ensure the prices on my website are right, but I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price won’t affect any order you’ve already placed.

I check the prices before I accept your order, but in the unlikely event that I’ve shown incorrect pricing information, I’ll email you to inform you of the mistake. If the correct price is lower than that shown when you made your order, I’ll charge you the lower amount and continue processing your order. If the correct price is higher, I’ll give you the option to purchase the goods at the correct price or to cancel your order (or the affected part of it). I won’t proceed with processing your order in this case until you respond. If I don’t receive a response from you within 14 days, I’ll treat your order as cancelled and will notify you of this by email.

On the flip side, if the price of the goods you’ve ordered changes between your order being placed and me processing your order and taking payment, you’ll be charged the price shown on my website at the time of placing your order.

 

The legal contract

No part of my website forms a contractual offer capable of acceptance. Your order of my goods forms a contractual offer that I can, at my sole discretion, accept or reject. If I acknowledge receipt of your order, that doesn’t necessarily mean I’ve accepted it. My acceptance of your order is shown when I send you the order confirmation by email. Only once I’ve sent you an order confirmation will there be a legally binding contract between you and me.

You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as I’m not liable if you make a mistake and give the wrong address. If you do, you should let me know immediately so I can update the delivery address (if I’m able to).

Payments

You must pay for the goods in advance via my website and you’ll be prompted to pay during the order process. The store on my website is run by Stripe. You should read their terms and conditions and privacy policy before making a payment on my website. I accept all major credit or debit cards.

Dispatch and delivery

At this time, delivery is free to the select countries that I ship to, and all goods are sent with a tracking number. The goods purchased on my website will normally be dispatched within 3 days after I’ve sent you the order confirmation (unless I advise otherwise). I provide delivery within the UK and internationally, except to the EU. The delivery timescales will therefore depend on your delivery location and I can only deliver to the following countries:

  • For deliveries within the UK, the estimated delivery time is 1-3 business days from dispatch.
  • For deliveries in the US the estimated delivery time is 5-10 business days from dispatch.

t’s important you understand and accept any dispatch or delivery dates I provide are estimations only and the time of dispatch or delivery is not of the essence. There may be industrial action (or something similar) that causes delays to postage services, and I’ll use my reasonable efforts to keep you updated of any delays in delivery.

For any deliveries to be made outside the UK, your goods might be subject to customs duties or taxes and it is your sole responsibility for payment of these to the relevant authority. 

Please also refer to the ‘force majeure’ section of these terms below, as this sets out what happens if an event outside my control affects dispatch or delivery.

Ownership and risk

You will own the goods once I have accepted your order and you have made payment of the cost of the goods. The risk of the goods will then pass to you once it is in your physical possession, in the possession of someone else that you nominate (such as a neighbour), or left in a designated place, such as a porch.

Refunds policy

If you change your mind after purchasing goods from my website, then under UK consumer legislation you have up to 14 days after receiving your goods to request a refund, and a further 14 days to return the goods to me. You’ll be responsible for the cost of the return and ensuring that the goods are in the exact same condition, with undamaged original packaging, as it was when it was delivered to you. If you’ve changed your mind and would like a refund, please contact me as soon as possible.

If you’re eligible for a full refund, this will be made using the same details you used to pay for the goods within 14 days of receiving the returned goods. 

Faulty goods

It’s my promise that the goods will be free from defects, of satisfactory quality and fit for purpose. That being said, if the goods you’ve purchased don’t meet this standard, please contact me as soon as possible. I’ll then discuss your options for a refund with you.

If you have any questions or complaints about the goods you’ve purchased, please contact me as soon as possible by emailing me at mini@artlover.com. You should provide me with photos of the condition of the goods.

When you return the goods to me, they must be in the original packaging and in the same condition it was when it arrived. I’ll then examine the goods and, if you are eligible, reimburse you the cost of goods and the return costs using the same payment details you provided when you made the payment. The refund will be made within 14 days of receiving the returned goods and declaring that you’re eligible. 

 

Website terms of use

Suspending or withdrawing my website

My website is provided to you at no cost. While I strive to maintain its availability, I cannot guarantee that the website or its content will be accessible without interruption. There might be instances when I need to suspend, withdraw, or restrict access to all or parts of the website due to business or operational reasons.

Please ensure that anyone accessing my website through your internet connection is aware of these terms and that they follow them.

Transferring these terms

I can transfer my rights and obligations under these terms to another organisation. I’ll tell you in writing if this happens and will ensure that the transfer won’t affect your rights under these terms.

Privacy of accounts

If you happen to create or receive a user identification code, password, or any other security-related information, please remember to treat it as confidential and avoid sharing it with others.

If these guidelines aren't followed, I might need to disable the user identification code or password. Should you ever suspect that someone besides you has access to your login details, please feel free to reach out to me at mini@artlover.com. Your help in keeping our online space secure is truly appreciated!

No text or data mining, or web scraping

This clause shall not apply insofar as (but only to the extent that) I’m unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to me.

Please avoid using any methods or tools to extract information or data from my website without permission. This includes not allowing or attempting to use automated devices, programs, or techniques like robots, bots, spiders, or scrapers to access, copy, or republish any part of my website or the data and content it contains.

Additionally, you must not use automated analysis techniques to study text and data from my website to find patterns, trends, or correlations. This clause serves as a clear reservation of my rights in this matter, including those outlined in Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

Please note that this rule may not apply if the applicable laws prevent me from restricting such activities by contract.

Computer misuse

I can't promise that my website will always be secure or completely free from bugs or viruses. It's your responsibility to set up your computer and software properly to access my website and to use your own antivirus software.

Please avoid misusing my website by introducing harmful elements such as viruses, trojans, worms, or other malicious materials. Do not attempt unauthorised access to my website or any related servers, computers, or databases. You must not attack my website with denial-of-service or distributed denial-of-service attacks.

If you break these rules, you'd be committing a criminal offence under the Computer Misuse Act 1990. I will report any violations to law enforcement and cooperate with them, which could include sharing your identity. If this occurs, your right to use my website will end immediately.

Reliance

The information on my website is meant for general purposes and shouldn't be taken as advice for your specific situation. Before making decisions or taking any action based on my website's content, it's important to seek professional or specialist guidance.

While I try my best to keep the information on my website current, I can't guarantee its accuracy, completeness, or timeliness.

Third party links

If my website has links to other sites or resources from third parties, please note that I'm not endorsing them or their content. I don't have control over the content of those websites or resources, and the links are only there for your convenience.

Links to my website

Feel free to link to my homepage, but make sure it's done fairly and legally without harming my reputation or taking advantage of it. Avoid suggesting any association, approval, or endorsement by me if it doesn't exist. Also, please don't link to my website from a site you don't own.

Don't frame my website on other sites, and avoid linking to any part of my website other than the homepage. I have the right to remove linking permissions without notice. If you'd like to link to or use content from my website in any other way, please reach out to mini@artlover.com.

General legal terms

Changes to these terms

It’s possible I might amend these terms from time to time to reflect changes to my goods, products, services, my customer’s needs, or my business priorities. Every time you wish to visit my website, please check these terms to ensure you understand the terms that apply at that time.

Intellectual property rights

My intellectual property rights are incredibly important to me. In a nutshell, intellectual property rights means the rights granted to those that create anything, whether it is in trade marks, text content, typographical arrangements, designs, photos, graphics, layouts or anything else. My website is full of intellectual property rights that I either own or I’m the authorised licensee of, including but not limited to the photos, the blog posts, the designs and anything else. 

All content you find on my website, save for any user-generated consent, is protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any pages from my website for your own personal use.

That being said, you are not permitted to modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on my website for commercial purposes without obtaining a licence to do so from me or my licensors.

My status as the author of the content on my website must always be acknowledged (except where the content is user-generated).

If you print off, copy, download, share or repost any part of my website in breach of these terms, your right to use my website will stop immediately and you must, at my option, return or destroy any copies of the materials you have made.

Liability

I’m not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and me.

My total liability to you for all other losses arising out of or in connection with the contract for sale between you and me, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss.

Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Nothing in these terms seeks to limit or exclude my liability for: (i) death or personal injury caused by my negligence (including that of my employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability can’t be excluded or restricted by law.

Force majeure

I won’t be liable for any failure or delay in performing my obligations under these terms where my failure or delay is due to a cause beyond my reasonable control (“force majeure event”).  Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond my reasonable control.

If a force majeure event is likely to adversely affect my performance of any of my obligations under these terms:

  • I’ll inform you as soon as is reasonably possible;
  • I’ll take reasonable steps to minimise the delay;
  • to the extent that I can’t minimise the delay, my affected obligations under these terms will be suspended and any time limits that I’m bound by will be extended accordingly;
  • I’ll inform you when the force majeure event is over and provide details of the availability of the goods; and
  • if the force majeure event continues for more than 60 days, I’ll cancel your order and the legal contract with you and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the goods.

Data protection

Your privacy is important to me. I comply with my applicable data protection legislation, including the EU law retained version of the General Data Protection Regulations ((EU) (2016/679) and the Data Protection Act 2018. If you’re a California resident, I’ll also comply with the Californian Consumer Privacy Act. For more details on how I use your personal data, please check out my privacy and cookie policy.

The boring legal bit

Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to me by email to mini@artlover.com and I’ll use the email you have given me. If your contact details change, please let me know. This doesn’t apply to the service of legal proceedings, which can’t be emailed.

Entire agreement. These terms represent the entire understanding and agreement between you and me with regards to the subject matter and formation of these terms, and replaces all other negotiations, understandings, and representations, if any, made by and between you and me. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms or any other agreement related to these terms and expressly references herein is of any force and effect.

No delay. Delay in exercising a right under these terms won’t take away that right or any other right.

Third parties. No one other than you and I have any right to enforce any provision of these terms and so the Contracts (Rights of Third Parties) Act 1999 don’t apply to these terms.

Severability. If any provision or part-provision of these terms is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these terms.

Governing law and jurisdiction. These terms, and any non-contractual obligations arising under them, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any matter and proceedings arising out of these terms.