Terms & Conditions

This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and services (the 'Products') listed on this website (the 'Website') to you.

Before confirming your order please read through these terms and conditions (the 'Conditions') and Print a copy for future reference. 

By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time. 

We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions. 

1. Orders 

1.1 All orders will be posted within 14 days. 

1.2 The prices of the Products are quoted on the Website. 

1.3 Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs (in the case of goods). The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website. 

1.4 Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation. 

2. Returns and exchanges 

2.1 If an item does arrive damaged please return it to Annie Gray Designs, The Hermitage, Main Street, Padbury, MK18 2AP, and it will be replaced upon receipt of the damaged goods. 

2.2 If you are unhappy with your purchase please contact us within 7 days of receipt and we will use our best endeavours to work out a solution with you. Refunds or exchanges cannot be processed after this 7 day period so please open and inspect your package immediately upon receipt. Personalised pictures are non refundable. 

2.3 We will exchange or refund your picture if you are unhappy with your purchase within the above 7 day period. In such case we ask that you kindly return it to us at your expense and provided the item is undamaged, and it will be able to be resold, we will refund you the cost minus 20% restocking fee, or exchange for a picture of the same value. 

3. Payment 

3.1 All payment must be made in full prior to your order being dispatched. 

3.2 Payments can be made through this website, with credit and debit cards. 

3.3 By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form. Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you 

3.4 Items are made and shipped only after payment has been received and cleared. 

3.5 By accepting these Conditions you: 

• Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered 

• Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale 

• Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention  

• We shall contact you should any problems occur with the authorisation of your card. 

• We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website. 

4. Shipping 

4.1 Orders are shipped to the address provided, unless you otherwise notified. 

4.2 All orders are shipped using the UK Post Office service. No tracking is provided. If you would like an order sent via registered mail please contact me and you will be forwarded a quote for the additional postage fee. 

4.3 All pictures being sent within the UK are bubble-wrapped and boxed to ensure they reach you in perfect condition. 

4.4 International customers are responsible for all fees, taxes, and duties associated with shipping to their respective countries. These are not the responsibility of Annie Gray Designs. 

4.5 For orders outside of the UK pictures are mounted but NOT framed to reduce postage cost and avoid risk of damage in transit. If you would however still like your order framed please contact me and you will be forwarded a quote for the additional postage fee. 

5 .Intellectual Property 

5.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Annie Gray Designs moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors. 

5.2. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. 

5.3. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content. 

5.4 No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies. 

5.5. Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights. 

6. Website Use 

• You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use. 

7. Liability & Indemnity 

7.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for: 

 • Death or personal injury resulting from our negligence 

 • Fraud or fraudulent misrepresentation 

 • Action pursuant to section 2(3) of the Consumer Protection Act 1987 

 • Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability 

7.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom. 

7.3. We will not be liable if the Website is unavailable at any time. 

7.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. 

7.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website. 

7.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it. 

7.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so. 

7.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for: 

 • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or 

 • any loss of goodwill or reputation; or 

 • any special or indirect losses; or 

 • any loss of data; or 

 • wasted management or office time; or 

 • any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate 

7.9. If you buy any goods or services from a third party seller through our Website, the seller's individual liability will be set out in their own terms and conditions. 

7.10. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority. 

7.11. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.  

8. Governing Law & Jurisdiction 

8.1. The Website is controlled and operated in the United Kingdom. 

8.2. Every purchase you make shall be deemed performed in England and Wales.  

8.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales. 

Website - terms and conditions of use 

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the 'Website') 

The Website is owned and operated by Annie Gray Designs ('we'/'us'/'our') of The Hermitage, Main Street, Padbury, MK18 2AP, Buckinghamshire, United Kingdom. Contact number: 07854 162 978 

The term 'you' refers to the user or viewer of our Website. 

By browsing on or using the Website you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website. 

1. USING THE WEBSITE 

 1.1. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them. 

 1.2. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair. 

 1.3. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so. 

2. ELIGIBILITY TO PURCHASE FROM THE WEBSITE 

 2.1. To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must: 

  • Be 18 years of age or over 
  • Be legally capable of entering into a binding contract 
  • Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Products 

 2.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website 

3. INTELLECTUAL PROPERTY 

 3.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Annie Gray Designs moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world). 

 3.2. You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors. 

 3.3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited. 

 3.4. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. 

3.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. 

 3.6. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content. 

4. DISCLAIMER 

 4.1. We will not be liable to you if the Website is unavailable at any time. 

4.2. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.  

 4.3. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide. 

 4.4. Any prices and offers are only valid at the time they are published on the Website. 

 4.5. All prices and descriptions supersede all previous publications. 

 4.6. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available. 

 4.7. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom. 

 4.8. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. 

 4.9. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website. 

 4.10. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it. 

 4.11. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

5. USE OF THE WEBSITE 

 5.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you. 

 5.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law. 

 5.3. We reserve the right to: 

  • Make changes to the information or materials on this Website at any time and without notice to you. 
  • Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party. 
  • Refuse to post material on the Website or to remove material already posted on the Website 

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

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material 
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise 
  • Breaching any applicable local, national or international laws, regulations or code of practice 
  • Gaining unauthorised access to other computer systems 
  • Interfering with any other person's use or enjoyment of the Website 
  • Breaching any laws concerning the use of public telecommunications networks 
  • Interfering with, disrupting or damaging networks or websites connected to the Website 
  • Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website 
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation 
  • To create and/or publish your own database that features all or substantial parts of the Website 
  • Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner 

 5.5. In addition, you must not: 

  • Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website 
  • Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it 
  • Attack the Website via a denial-of-service attack or a distributed denial-of service attack 
  • Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website 

 5.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease imediately. 

6. SUSPENDING, RESTRICTING OR TERMINATING YOUR ACCESS 

 6.1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if: 

  • You fail to make any payment to us when due 
  • You breach the terms of these terms and conditions (repeatedly or otherwise) 
  • You are impersonating any other person or entity 
  • When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity 
  • We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website 

 7. LINKING TO THE WEBSITE 

 7.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent. 

 7.2. Any agreed link must be: 

  • To the Website's homepage 
  • Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted 
  • Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it 
  • Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists 

 7.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate. 

 7.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done. 

8.EXTERNAL LINKS 

 8.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for: 

  • The privacy practices of such websites 
  • The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources 
  • The use which others make of these websites 
  • Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.   

9.LIMITATION OF LIABILITY AND INDEMNITY 

 9.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for: 

  • Death or personal injury resulting from our negligence 
  • Fraud or fraudulent misrepresentation 
  • Action pursuant to section 2(3) of the Consumer Protection Act 1987 
  • Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability 
 9.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach: 

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) 
  • Any loss of goodwill or reputation; or 
  • Any special or indirect losses; or 
  • Any loss of data 
  • Wasted management or office time 
  • Any other loss or damage of any kind 
 9.3. If you buy any goods or services from a third party seller through our Website, the seller's individual liability will be set out in their own terms and conditions. 

 9.4. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority. 

 9.5. This clause does not affect your statutory rights as a consumer. 

10.GENERAL 

 10.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time. 

 10.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected. 

 10.3. All Contracts are concluded and available in English only. 

 10.4. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. 

 10.5. A waiver by us of any default shall not constitute a waiver of any subsequent default. 

 10.6. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

11.GOVERNING LAW AND JURISDICTION 

 11.1. The Website is controlled and operated in the United Kingdom. 

 11.2. These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.