Terms & Conditions
(1) Introduction
These terms and conditions govern your use of our web site; by using our web site, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our web site.
(2) Intellectual property rights
Unless otherwise stated, we (Fauxtograph) own the intellectual property rights in the web site and material on the web site. Subject to the licence below, all our intellectual property rights are reserved.
(3) Licence to use web site
You may view, download for caching purposes only, and print pages from the web site, provided that:
(a) you must not republish material from this web site (including republication on another web site), or reproduce or store material from this web site in any public or private electronic retrieval system;
(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our web site or material on our web site for a commercial purpose, without our express written consent;
(4) Limitations of liability
The information on this web site is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this web site and the information on this web site.
Whilst we endeavour to ensure that the information on this web site is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the web site remains available or that the material on this web site is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our web site, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(6) Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our web site, and supersede all previous agreements in respect of your use of this web site.
(7) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
(8) Pictures sent to Fauxtograph
It is solely and without exception the responsibility of the person sending pictures to the site to ensure that they have the permission of the copyright owner to use the image.
By sending your picture to Fauxtograph.co.uk you warrant that:
a) it is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to Fauxtograph.co.uk for all the purposes specified above;
b) it does not infringe any law; and
c) you indemnify Fauxtograph.co.uk against all legal fees, damages and other expenses that may be incurred by Fauxtograph as a result of your breach of the above warranty; and
d) you waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.
(9) Cancellation/ Refund Policy
Every piece of photographic artwork purchased through fauxtograph.co.uk is manufactured explicitly and uniquely for you. This means that unfortunately we are not able to offer you a refund or a cancellation once your order is accepted. However this does not affect your statutory rights.
Under the distance selling Regulations, if you have received goods and have simply changed your mind about purchasing them, you may return goods for credit subject to the following conditions:
• You inform us within seven working days of receipt of the product(s)
• You pay any return delivery charges.
• Goods are returned in a re-saleable condition and in their original packaging
• Goods are not an electronically delivered airbrushed or re-touched photo. (See below for details)
Retouched photos delivered electronically.
The photo airbrushing and re-touching service at fauxtograph.co.uk is provided as a unique service to the client on a one to one basis, based on the examples shown on this site. You, as the customer give the artist responsible full creative title to recreate the said examples based on your requests to the best of his/her ability.
Due to the bespoke nature of airbrushed and re-touched photos, items that are delivered via electronic mail (email) as described and in good condition may not be returned or a refund given. Under certain circumstances we may reproduce your artwork if we believe the artwork delivered did not match the description and quality described in the product information at fauxtograph.co.uk. Damaged items will be exchanged free of charge. We reserve the right to charge for re-posting returned orders, which have been especially produced to meet your personal requirements.
Damages
Full refunds will be made for items lost or damaged in transit. You should keep all packaging and/or artwork as found and notify us within 24 hours of the item arriving in damaged condition to be eligible for a full refund or exchange.
(10) Payment
All prices are exclusive of VAT and are correct at the time of entering the information onto our database. The total cost of your order is the price of products ordered plus delivery charges if applicable as stated upon the web site.
For all orders received for shipment beyond the boundaries of the European Union; any applicable duties for the import of products into chosen countries from the UK are the responsibility of you, the ordering customer.
Payment can be made by any of the methods specified in the payment section of this web site. By placing an order, you confirm that the credit or debit card that is being used is your own, or is being used with full authorisation of the card holder.
All credit and debit card holders will be subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us we will not be able to process your order, nor will we be liable for any delay or non-delivery of product(s) as a result.
(11) Refusal of Transaction
We reserve the right to withdraw any products from this web site at any time. We may refuse to process any transaction for any reason or refuse service to you at our sole discretion.
To be eligible to purchase products on this web site and lawfully enter into contracts under English law you must:
- Register by providing your real name, phone number, Email address, invoice and delivery address and payment information
- Be 18 or over years of age
- Possess a valid credit or debit card
By making an offer to buy a product, you specifically authorise us to transmit information or to obtain information about you from certain third parties specific to financial authorisation including but not limited to your debit or credit card number and credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
(12) Our contact details
The full name of our company is Fauxtograph.co.uk. Our address is 44 Harmer Green Lane, Welwyn, Herts, AL6 0AT. You can contact us by email by using the "contact us" link on Fauxtograph.co.uk, or by telephone on +44(0)208 123 8781 and fax on +44(0)1438 712 319