Terms and Conditions of Supply
This page together with our Privacy & Cookies Policy and Terms of Website Use tells you information about us and the legal terms and conditions on which we sell any of the products listed on our website to you.
These terms will apply to any contract between you and us for the sale of products to you. Please read these terms carefully and make sure that you understand them, before ordering any products from our website. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our website.
You should print a copy of these terms or save them to your computer for future reference.
We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.
- These terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Who these terms apply to. These terms generally apply to both business and consumer customers. Where certain clauses apply only to business or consumers customers we have stated that clearly. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
- Information about us and how to contact us
- Who we are. We are Animal Portrait
- How to contact us. You can contact us by writing to us at email@example.com.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that each image or your computer’s accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
- Our rights to make changes
- Minor changes to the products. We may change the products:
- to implement minor adjustments and improvements.
- Providing the products
- Delivery costs. Delivery will be charge as stated for purchases made in the United Kingdom.
- When we will provide the products. We will deliver the products to you within 3 working days of the order being made.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our delivery provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
- When you become responsible for the products. The products will be your responsibility from the time we deliver the product to the address you gave us.
- When you own products. You own the products once we have received payment in full.
- Your rights to end the contract if you are a consumer
- Minor changes to the products. We may change the products:
This clause only applies to you if you are a consumer.
- If you are a consumer you can end your contract with us in some circumstances. Your rights as a consumer when you end the contract will depend on whether there is anything wrong with what you have bought, how we are performing and when you decide to end the contract:
- If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
- If you are a consumer and end the contract because of something we have done or are going to do. If you are ending a contract as a consumer for a reason set out at below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to;
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
- you have a legal right to end the contract because of something we have done wrong.
- If you are a consumer you can exercise your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online as a consumer you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- How long do I as a consumer have to change my mind? If you are a consumer you have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
How to end the contract with us if you are consumer (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the cancellation form at the bottom of this page and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract if you are a consumer. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the products in person to where you bought them, post them back to us. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. If you are a consumer we will pay the costs of return:
- if the products are faulty or mis-described;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind as a consumer. If you are exercising your right to change your mind as a consumer:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which damages them or in a way which would not be reasonably be permitted in a shop prior to the purchase of the product. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind as a consumer then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 6.
If there is a problem with the product
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
- Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. You may reject faulty or mis-described products. Nothing in these terms will affect your legal rights.
- Your obligation to return rejected faulty or mis-described products. If you wish to exercise your legal rights to reject faulty or mis-decribed products you must post them back to us. We will pay the costs of postage. Please contact us at firstname.lastname@example.org to arrange for the return of any such products.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products to you ; or
- you do not, within a reasonable time, allow us to deliver the products to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- Price and payment
- Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
- When you must pay and how you must pay. We accept payment by any of the payment methods we confirm to you are acceptable during the order process. You must pay for the products before we dispatch them.
Our responsibility for loss or damage suffered by you if you are a consumer
If you are a consumer we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
If you are a consumer we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987
We are not liable for business losses if you are a consumer. We only supply the products for domestic and private use if you are a consumer. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and if you are a consumer or a business you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Consumer Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Animal Portrait
Email Address: email@example.com
I hereby give notice that I cancel my contract of sale of the following for the supply of the following products:
I ordered the products on the following date:
My order number is:
My name is:
My address is:
(only required if a paper copy of this cancellation form is being provided)