Terms of Service

Terms and Conditions of Service

The original illustrations and paintings are all by done me, Sarah Jane Vickery. The inspiration for many of the illustrations comes from the many kind people who have shared their photos. I always contact those who send me photos to check that they are happy for me to draw from their images. I hope you enjoy seeing and giving my cards, illustrations and paintings as much as I have enjoyed creating them. 

General

Any reference in these Terms and Conditions to “I” or “me” or “myself” or “seller” refers to Sarah Jane Vickery. “Buyer” or “you” means the person, trade customer or organisation who buys goods.

This section explains the Terms and Conditions you are agreeing to when you use or buy from me directly, through my Etsy shop or through my website sarahjanevickery.com The Website is controlled and operated in the United Kingdom.

These Terms and Conditions shall apply to sales of goods by Sarah Jane Vickery to you the buyer to the exclusion of all other terms and conditions referred to, offered or relied on by you whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by you unless you specifically state in writing separately from such terms that you wish such terms to apply and this has been acknowledged by me in writing. Any variation to these Terms and Conditions including any special terms and conditions agreed between the parties shall be inapplicable unless agreed in writing by me. 

A contract for the sale of the goods shall exist once either you accept my quotation in writing or the goods are despatched whichever occurs sooner. Once this has occurred your acceptance of these conditions will be deemed to have occurred.

Any contract made with me whether to purchase products or services through the site will be governed by the laws of England and Wales and all parties submit to the jurisdiction of the English Courts.

If any provision of these terms and conditions shall be unlawful, void or for any reason not enforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

By ordering any of the goods listed on this website, you agree to be legally bound by these Terms and Conditions. You will be unable to proceed with your transaction if you do not accept these Terms and Conditions.

I will update these Terms and Conditions at any time and notify such changes by uploading them onto my website. If you do not wish to accept any new Terms and Conditions you should not continue to use my website or place orders with me.

Website

I have made every effort to ensure the accuracy of the information and images on my website. The website is provided on an ‘as is’ and ‘as available’ basis. I cannot guarantee the uninterrupted service of my website and cannot guarantee that the information will always be completely up to date and free of errors. Access to my website may be suspended or temporarily unavailable without prior notice in the case of system failure, maintenance and repair or reasons beyond my control. I cannot accept liability for any loss or damage arising as a result of problems with my website nor from the use of any of the information contained in any of the materials on my website.

I will use all reasonable means to carry out orders placed through my website 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.

Hyperlinks in my website may lead to other websites that are not under my control. When you activate any of these links, you will leave my website and I cannot accept liability or responsibility for the material on any other website which is not under my control. If your use of the material on my website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.

Registration

By registering on my website you undertake that all the details you provide are true, accurate, current and complete in all respects. You agree to notify immediately of any changes to the information provided on registration or to your personal information. You are responsible for all actions taken under your chosen email address and password. You undertake not to disclose your password to anyone and to change your password immediately upon discovering that it has been compromised.

Eligibility

To be eligible to purchase the items on my website and lawfully enter into and form contracts you must be 18 years of age or over, be legally capable of entering into a binding contract and provide full details of a delivery address.

Communication

The Buyer agrees that email and other electronic communications can be used as a means of communication and acknowledge that all contracts, notices, information and other communications provided to you electronically comply with any legal requirement that such communications be in writing. All communication will be made in English.

Termination

I reserve the right to terminate an agreement formed with you or terminate your access to the website without notice to you if:
You fail to make any payment when due
You breach the Terms & Conditions
You are impersonating any other person or entity
You fail to provide me reasonable time or fail to respond when I make a request to determine the accuracy and validity of any information supplied by you or your identity.
I suspect you have engaged in or are about to engage in fraudulent or illegal activity on the website

Description

I make every effort to describe and display my products accurately. Due to the nature of original artwork and printed products there may be variations in colour, typefaces, size and layouts. The Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

Colour Reproduction

Computers and mobile devices display colours in different ways and so exact colour matches and representation are not yet possible. I cannot accept refunds on original artwork or printed artwork due to colour and design variations.

Damaged Items

I always try to ensure that my products are sent out in perfect condition. It is possible that damage may happen during delivery. If you receive a damaged or incorrect item please contact me at sarahjanevickery@gmail.com within 5 business days of receiving your order with your full name, postal address, problem description and a photograph.

Order Process

Any order placed by you constitutes an offer to purchase goods from me. All orders are subject to acceptance by me. I reserve the right to refuse any order placed at any time prior to acceptance without providing an explanation. I may not be able to accept your order for reasons including but not limited to: your chosen good is not available; I cannot obtain authorisation for your payment; there has been a pricing error; there has been a description error; or all details requested from you have not been entered correctly. You shall be responsible for ensuring the accuracy of the information you provide during the order process. You agree that if I contact you to acknowledge receipt of your order that such communication shall not amount to my acceptance of your order.

Order Amendments

Please email me at sarahjanevickery@gmail.com or via the contact form on my website to discuss your amendment. I always try to accommodate changes but it is possible that I have already begun your artwork before your email is processed and will be unable to make the changes you request.

Fulfilment

I reserve the right to restrict the number of items available for sale to any individual customer, trade customer or business. All orders are subject to availability. If your order cannot be fulfilled you will be offered an alternative or given a full refund.

Availability

It is possible that at times some items may be temporarily unavailable. In this event I will delay the delivery until all of the items have been sourced. In the event of the delay being more than 5 business days I will contact you about a substitution either by email or telephone. If I am unable to contact you or do not receive your reply then I will cancel the order and confirm this by email after another 5 business days. I will not split the delivery unless it is agreed in writing and you pay for the additional postage cost.

International Orders

You acknowledge that when shipping internationally orders are subject to inspection by customs authorities. You acknowledge that goods may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any duties and/or taxes in addition to our price and the cost of delivery. You must comply with all applicable laws and regulations of the country of destination. I will not be liable for any breach by you of any such laws.

Force Majeure

I shall not be liable for any delay or failure to perform any of its obligations if it results from events or circumstances outside its reasonable control including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply and I shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as I consider unreasonable then I may without liability on my part terminate the contract.

Copyright

All design, text, graphics and their arrangement on my website are the copyright of myself or my content providers. Permission is granted to users to electronically copy or print portions of my website for their own personal, non-commercial and non-business use. Any other use of materials without my prior written consent is strictly prohibited including but not limited to changing, publishing, renting, licensing, selling or distributing. All designs and artwork including but not limited to greeting cards, custom greeting cards, pet portraits, drawings and paintings are the copyright of myself.

Limitation of Liability

I shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price. I will not be liable for any business loss including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any other indirect or consequential loss that is not reasonably foreseeable by either party when the contract for sale is formed. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of myself for death or personal injury as a result of my negligence or that of my employees or agents.

Waiver

The failure by either the Buyer or myself to enforce at any time or for any period any one or more of these Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

For Retail Customers

Prices

The prices payable for the items that you order are shown on my website. I am not VAT registered and do not charge VAT. The price of the items does not include delivery.

Customisation

I cannot accept responsibility or offer a replacement or refund if the customisation details you have provided me are not accurate and this results in an error with your item. 

Payment

I accept payment by PayPal, through my website, through my Etsy Shop or by direct bank transfer upon request. Payment will be debited from your account before despatch of your purchase. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. I will not be liable for any delay or non-delivery if the issuer of your payment card refuses to authorise payment. You agree not to hold me responsible for banking charges incurred due to payments on your account.

Delivery

For retail customers, Greeting Cards, Gift tags and Prints are shipped within 2 business days of payment. Custom items such as Pet Portraits and Custom Cards take longer; from the time I receive your photos, it can take up to 2 weeks to illustrate your work. I try to complete custom work more quickly but it all depends on my backlog of work. For custom items please allow 3 weeks from your order date until receipt if you are in the UK or 4 weeks if you are in the USA and within 5 weeks if you are in Canada, Australia, New Zealand or the rest of the world. Any dates quoted for delivery of the items are approximate only.

I will deliver your item to the address that you have provided as a delivery address during the checkout process. If you wish to have your order sent to an alternative address to your billing address then you must enter this in at the time of purchase. I cannot be liable for any missing items if any of the address details that you provide are incorrect.

The dispatch day is the day I send the item out via the carrier and not the day it will be delivered. I cannot accept liability or costs incurred due to failed or delayed deliveries. If you do not receive your items please check your local sorting office even if you have not received a calling card.

All items are posted by Royal Mail. If you are located in some postal addresses in Northern Ireland, offshore islands or remote areas of Great Britain I may need to contact you to advise you of extra postage charges.

Any damages, shortages, over deliveries and duplicated orders should be reported to me within 5 business days of signed receipt to enable replacement or refund.

I reserve the right to wait up to 10 working days from the date of despatch before taking further action regarding an undeliverable item. I reserve the right to cancel any recurring orders or subscriptions if it becomes apparent that the postal service in your area is unreliable.

If I deliver goods for you that are subsequently returned to me as undeliverable by Royal Mail, I reserve the right to charge an administration fee of up to 100% of the price of the goods.

Order Cancellation

Retail customers are entitled to a 7 day cooling-off period, during which time you may cancel the purchase of a product by providing written notice of cancellation by email to me at sarahjanevickery@gmail.com or via the contact form on my website. If you cancel an order on this basis and the item has not already been dispatched to you then I will issue a full refund.

Photo and Content Submission

By submitting any photos or content to me to use as inspiration and information for the illustrations and paintings I create you represent and warrant that:

You are the sole author and owner of the rights of the photos or content
All “moral rights” that you may have in such content have been voluntarily waived by you
All content that you post is accurate

You further agree and warrant that you shall not submit any photos or content that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

You agree to indemnify and me harmless from all claims, demands and damages of every kind and nature, known and unknown including reasonable solicitor’s fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any photos or content that you submit, you grant me a perpetual, irrevocable, royalty-free, transferrable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation or recognition to you.

You agree to allow me to display any artwork that I create from the content or photos that you submit on my website, on social media platforms, on my online shops, in my portfolio or used in my printed or electronic advertising.

Promotional Codes

Promotional codes can only be used once per customer as defined by their email address or delivery address. Only one promotional code can be used per transaction. Promotional codes offering a discount when you spend a certain amount can only apply to a single transaction and exclude delivery charges. Offers are non-transferrable and no cash alternative will be offered.