To protect your own interests, please read these conditions carefully. If you are uncertain as to your rights or you want an explanation about them, please write, telephone or email our customer service department BEFORE you place the order.
YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an order and purchasing goods from My Child’s Art you enter a legally binding agreement with us on the following conditions. You should read and understand these conditions because they affect your rights and liabilities. These are the standard terms and conditions of sale of My Child’s Art (a trading style of Crestline Printers Ltd) – registered number 01724476 – registered office: c/o Charnwood Accountants, The Point, Granite Way, Mountsorrel, Loughborough, Leicestershire LE12 7TZ ("the seller", "we" or "us") for products and services as set out in the pages on this site ("the goods"). VAT no 371 8579 16 subject to the provisions of clause 4 below. The price of the goods, the delivery charges and VAT (Value Added Tax) where applicable is set out on the order form. In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw can be found in clause 10 below.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS AND SERVICES DESCRIBED ON THIS WEB SITE.
In these conditions: 'Conditions' means the standard terms and conditions of sale set out in this document; 'Contract’ means the contract for the sale of the goods; ‘Company’ means My Child’s Art; 'Payment card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the goods of which you have provided details to us when placing the order; 'Goods' means products and services which are available for purchase from our web site in accordance with the conditions; 'Order’ means any order placed by you with us for the supply of goods; 'Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000; 'Web site' means our presence on the World Wide Web, currently accessible via the address www.mychildsart.co.uk;
1.1 Unless the context otherwise requires:
1.1.1 Words importing the singular shall include the plural and vice versa;
1.1.2 Words importing the masculine gender shall include the feminine gender and vice versa;
1.1.3 References to persons shall include bodies of persons whether corporate or incorporate;
1.1.4 Headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only the goods which you have set out in an order and which have been accepted by us.
2.2 We reserve the right to reject any order.
2.3 Unless otherwise agreed in writing, each such sale of goods will be subject to these terms and conditions.
2.4 No order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.5 No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.6 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3.1 The quantity, quality and description of the goods will be those set out in your order (if accepted by us). Orders are accepted at our sole discretion but are normally accepted if the goods are available, the order reflects current pricing, you are based in the United Kingdom and your payment card is authorised for the transaction.
3.2 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you and for giving us any necessary information relating to the goods within a sufficient time to enable us to perform the contract in accordance with its terms.
3.3 You are responsible for the correct spelling, colour, font choice, text layout and position of text inside your card or on any of the products purchased.
3.4 You can only proceed to complete your order and make payment once you have approved the artwork that you have created. You must satisfy yourself that you are happy with the text and artwork that you have set at the online proof stage. Once you have approved the artwork and submitted your order, you are responsible for it. My Child’s Art is not bound to make additional quality checks in regards to artwork once it has been approved by you, and you will not be entitled to any compensation should you approve artwork that you later deem to be inadequate (including artwork that is upside down or that has additional marks, such as paint splatters or pen marks), unless the fault has been caused directly by My Child’s Art. Should you make a complaint in this regard, My Child’s Art will endeavour to investigate where this fault has occurred.
3.5 To ensure your child’s protection, we use a coded naming system. This system forces the purchaser to retype and therefore confirm the spelling of their child’s name before proceeding with a purchase, therefore we will not reprint or offer any refund against a complaint regarding incorrect or incomplete text – CHECK YOUR ONLINE PROOF VERY CAREFULLY. If it is not correct, go back a stage and make the change, re-check it and then proceed.
3.5.1 Alternatively, you should contact customer services for assistance on 01530 887650 prior to purchasing; once an order has been placed the company is not bound to make changes and will assume that the text and artwork confirmed by the purchaser is correct.
3.6 The quantity, quality and description of and any specification for the goods shall be those set out in the relevant pages of this site. We reserve the right to make changes in the specification of the goods which are required to conform with any applicable statutory requirements. Once paid for, due to the nature of personalised products; orders cannot be modified, amended or cancelled.
3.7 Each personalised product is unique and is printed individually through different print processes, including sublimation (heat) and digital. Thus, products should not be compared to each other and My Child’s Art makes it clear that colours and specifications may vary between products and processes. Additionally, the company accepts no liability for any differences between the products you receive and those from a previous order: by placing an order, you accept that the specification listed on the website is what you will receive, as set out in clause 3.6.
4. Price of the goods
4.1 The price of the goods shall be the price set out on the relevant page of this site.
4.2 We reserve the right to change the prices set out on this site provided that if we accept an order from you, the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.3 Postage and packaging charges are calculated at the point of order and are dependent upon the quantity / weight / size of the goods ordered. The postage and packaging figure will be shown for your order before you proceed to payment.
4.4 The total price is inclusive of any applicable VAT.
5. Terms of payment
5.1 Upon providing us with details of the payment card and submitting the order you:
5.1.1 Confirm and undertake that the information contained within the order is true and accurate and that you are duly authorised to use the payment card;
5.1.2 Authorise us to deduct from the payment card account the full price of the goods and all other payments which may become due to us under the contract.
5.2 If it is not possible to obtain full payment for the goods from your account on delivery of the goods to you, we can cancel the order or suspend any further deliveries to you. This does not affect any other rights we may have.
5.3 Where goods are returned by you in accordance with your rights under the provisions of clause 9, we shall credit the payment card with the appropriate amount.
5.4 We will not pass your personal information on to any third party without your permission.
5.5 Unless solely due to our negligence, we cannot be held liable for any losses you may suffer.
5.6 If in any event your payment card is used fraudulently, you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
6.1 Delivery of the goods shall be made where possible by Royal Mail second class post (letters and small parcels) or by DPD carrier (large parcels) to the address provided at the point of ordering. It is important that this address is correct. The carrier service is chosen at the company's discretion and may be changed at any time.
6.2 Once the goods have been delivered in accordance with your delivery instructions, you will be responsible for them.
6.3 It is the customer’s responsibility to check that all aspects of the delivery address are correct prior to placing their order and the company is not liable for any non-deliveries unless it is caused by the company’s own negligence.
6.4 Should you notice that the delivery address is incorrect, you should notify customer services immediately by email (firstname.lastname@example.org) or by phone (01530 887650). My Child’s Art is not bound to make any amendments caused by customer error.
6.5 Where possible, My Child’s Art will make efforts to make such amendments in a timely manner, although the company is not liable for any delays caused in this situation that are deemed to have been caused by your error.
6.6 Our responsibility for everything other than damage due to our negligence or due to a manufacturing / design fault will cease upon delivery.
6.7 We aim to dispatch orders within 10 working days of placement due to personalisation, although this timeframe is not guaranteed, and may be extended during busier times at the company’s discretion.
6.8 Please allow up to 28 days from the date of dispatch for delivery.
6.9 No liability is accepted for any consequential loss or additional expense should we not be able to deliver in a timely manner. No compensation is offered.
6.10 Where we are unable to deliver within 28 days from the date of dispatch, you will be entitled to a full refund or reprint.
6.11 If we fail for any reason within our control to fully / partially deliver your goods, any reimbursement shall be no more than the price of the goods together with any delivery and / or reasonable return costs.
6.12 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery.
6.12.1 If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
6.13 The company is not responsible for any delays deemed outside of their control (including postal delays), and therefore the customer should take any delays (seasonal or otherwise) into consideration before placing their order and plan accordingly.
7. Risk and property
As soon as we have delivered the goods, you will be responsible for them.
7.1 If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them as set out in the contract.
7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods.
7.3 Goods supplied to you are not for resale.
7.4 Any artwork submitted to My Child’s Art becomes the property of the company.
7.4.1 Children’s artwork is only kept until the 31st of July of the same year for Self Portrait projects and 31st of December of the same year for Christmas projects.
7.4.2 If you wish to have the original artwork returned, please send a C4 stamped addressed envelope and list your child’s name and school BEFORE 5th July (self portrait project) or 5th December (Christmas project) of the same year.
7.4.2 Once we have posted the artwork back in your supplied stamped addressed envelope, we accept no further responsibility for it.
7.4.4 Any artwork submitted and not claimed in this way is destroyed after the 31st July (self portrait project) and 31st of December (Christmas project) of the same year.
8. Warranties and liability As a consumer you have statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
9. Time limit for notification of claims
You are asked to examine the goods as soon as reasonably possible after delivery.
9.1 Any claim by you based on any defect in the quality or condition of the goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery.
9.2 Where a valid claim in respect of goods delivered is notified to us within 14 days of the delivery date, you are entitled to:
9.2.1 Reject the goods and receive a full refund;
9.2.2 Or have the goods (or the part in question) replaced free of charge.
9.3 Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, shall be entitled to either:
9.3.1 Replace the goods (or the part in question) free of charge;
9.3.2 Or at our sole discretion, refund to you the price of the goods (or a proportionate part of the price) and we shall have no further liability to you.
9.4 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
9.4.1 There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
9.4.2 Such loss or damage is not a reasonably foreseeable result of any such breach;
9.4.2 Any increase in loss or damage resulting from breach by you of any term of this contract.
9.5 In the event that you are using the supply address in part for commercial purposes, then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
9.6 Subject to our obligations and your rights under the regulations; we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the goods if the delay or failure was due to any cause beyond our reasonable control.
9.7 We assume no responsibility for the contents of any other web sites to which this web site has links.
10. Right to Cancel
10.1 As all products sold by My Child’s Art are personalised, there is no 'cooling off period’ entitlement in law.
10.2 Once an order is placed and paid for online, it cannot be cancelled or amended.
10.3 In the event that we supply substituted goods to you in accordance with the provisions of clause 2, your right to cancel is as set out as above except that the cost of returning the goods shall be borne by us.
11.1 Any communication sent electronically by e-mail or otherwise:
11.1.1 Will be deemed to have been sent once it enters an information system outside the control of the originator of the message;
11.1.2 Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an information system which is capable of access by the intended recipient;
11.1.3 Will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
11.1.4 Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
11.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
12.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
12.2 The clauses of these conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
12.3 No term of the contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the agreement (whether under the Contracts – Rights of Third Parties Act 1999 or otherwise).
12.4 If any provision of these conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part; it will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
12.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
12.6 The headings in these conditions are for convenience only and will not affect their interpretation.