Terms and Conditions

Copyright and Licensing

Please note that copyright belongs to the artist, regardless of who owns the artwork. Therefore, I retain copyright of all artwork, photographs and blog posts on this website, unless specified otherwise.

If I sell a picture to a private client, they do not have the right to reproduce it, e.g. as a greetings card. Anyone wishing to reproduce anything on this website has to seek my written permission (details available on request).

I license my artwork.

Website Terms and conditions: sale of goods to consumers

Who are we and our contact details

I am Hannah Kirk Artist, a trading name of Morning Coffee With Abba Ltd.. Morning Coffee With Abba Ltd is a company registered in England and Wales with company number 11532057 whose registered address is at 7 The Breech, College Town, Sandhurst, Berkshire, GU47 0PN.

You can get hold of us in any of the following ways:

  1. by telephoning us on 07809446496;
  2. by emailing us at hannahkirkart@gmail.com; or
  3. by writing to us at 7 The Breech, College Town, Sandhurst, Berkshire, GU47 0PN.

What do these terms do, and why are they important?

Please read these terms and conditions carefully before you place an order with me via the website. They contain important information, including

  1. how I will provide you with the goods that you have ordered
  2. my payment terms and delivery times
  3. the situations in which this contract may be amended or cancelled by you or by me (including within a cooling-off period)
  4. what you should do if there is a fault with the goods that I have provided to you, and
  5. how I will use your personal details

as well as other matters.

If, in these terms and conditions, I say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.

Your personal information

For information about how I collect and use your personal information, please see my general privacy notice, which is available at https://hannahkirkartist.com/privacy-policy/.

Order Process and the Contract between you and us

When you place an order with me, the legal contract between you and me will only come into existence when I tell you that we can provide the goods to you, which I will usually communicate by email. If I tell you that we cannot provide the goods to you for whatever reason, then I will not charge you for them. If I tell you that we are unable to provide the goods, and we have already received payment from you, then I will promptly refund you for any goods that I cannot provide to you.

About the goods

Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on my website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.

Many of our goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 5% above or below the amounts quoted on our website.

If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.

Changes to goods

If you would like to make a change to the goods for which you have already placed an order, please contact us as promptly as you can. I will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, I’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how I need to fulfill your request

It is possible that, exceptionally, I may need to make a more major change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.

Payment details

The price of the goods will be the price set out on my website at the time when you place your order. My prices include VAT at the current rate.

I make all reasonable efforts to ensure that I do not make errors with the prices that I charge you. For example, before I accept your order, I usually try to check the website price against my price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then I will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, I will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 15.1 of these terms and conditions will apply).

Any costs for delivery of the goods will be the amounts that were set out to you in the order process on our website.

When you need to pay me depends on whether the goods are one-off or provided on a subscription basis:

  1. For one-off goods, you must pay for them before I deliver them to you;
  2. For subscriptions to goods you must pay weekly or monthly;

I accept payment by cash card, direct bank transfer, or PayPal.

Delivery and collection of goods

I will contact you if there will be a delay in delivering the goods to you because of circumstances that are not within my control. If I contact you within a reasonable time to let you know about this, then I will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact me to cancel the contract, and I will provide you with a refund for any goods that you have paid for but not yet received.

If you told me that you would like to collect the goods, then you can collect them once I have confirmed that they are ready for collection. If you do not collect the goods from me within a reasonable time of me letting you know that they are ready for collection, I will contact you about what to do next, and I may charge you for the storage costs I incur during this period. If I am still unable to arrange collection of the goods with you, then I may cancel the contract, and the consequences set out in section 15.2 will apply.

Responsibility for and ownership of goods

You will be responsible for goods from the point at which I deliver the goods to you, or if you have told me that you are collecting the goods, then from the point at which you collect the goods from me.

You will only own the goods once I have received full payment for them.

I retain the copyright of all artwork. If I sell a picture to a private client, they do not have the right to reproduce it, e.g. as a greetings card. Anyone wishing to reproduce anything on this website has to seek my written permission (details available on request).

Your obligations

I will inform you in the description of the goods on my website, or during the order process, of information that I need from you in order to provide you with the goods. I will contact you to request this information.

If you don’t provide me with this required information in a reasonable time, or if information that you give me is not accurate, I may cancel the contract (and the consequences set out in section 16.2 will apply), or I may charge you for the additional costs that I incur as a result.

If you don’t give me required information within a reasonable time, I will not be liable to you if this causes a delay in providing you with the goods, or if I do not provide any part of them to you.

If there is a fault with the goods

I hope that you are satisfied with the goods that I have supplied to you, but if there is a fault with them, then please contact me using the details set out in section 1.

I must provide goods to you that meet your consumer rights.

This section 11.3 provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.

  1. If I have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods, you’re entitled to the following:
    1. For up to 30 days if your goods are faulty, you can get an immediate refund.
    2. For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
    3. For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.

If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to me, or if the goods are not suitable for postage, allow me to collect the goods from you. I will pay for the costs of return or collection in these circumstances.

Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 13.

Our liability if you suffer loss or damage

If I do not comply with any section of these terms and conditions, or if I do not use reasonable care and skill in providing the goods to you, then I am liable to you for loss and damage that you suffer and that I cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of me breaking the contract, or if it is obvious that it might happen because of something you told me about when we entered into the contract.

I do not limit or exclude my liability to you, where I am not allowed to do so by law. This means that I do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods or for providing you with defective items under the Consumer Protection Act 1987.

If I provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. I will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.

Cooling-off period and your right to cancel the contract during it

Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 14 below.

When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 13.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 13.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide me with any reason for cancelling.

The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 13.4 below. You can calculate the cooling-off period as follows:

  1. For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
  2. For goods that have been ordered together but that are delivered to you separately on different days, then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
  3. For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract.

If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:

  1. if the goods have been personalised or made to your specification;

If you want to cancel the contract because you have changed your mind, then you should let me know before the end of the cooling-off period (as calculated in accordance with section 13.3) in one of the following ways:

  1. contacting me on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel; or
  2. filling out the form that is available at https://hannahkirkartist.com/contact/ and submitting it to us, or print off that form and post it to us, in either case using the details set out in section 1.

If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.

If you cancel the contract during the cooling-off period because you have changed your mind, then I will provide you with a refund for the goods as well as any standard delivery costs that you paid, but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then I will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day I receive the goods back from you or, if earlier within 14 days of you providing me with proof that the goods have been sent back to me. If your order does not include goods that need to be returned to me then we will provide you with a refund within 14 days of the day after you let me know that you want to cancel the contract.

I have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. So, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If I have already provided you with a refund, then I may charge you the amount that I would have deducted.

Your rights to cancel the contract

In addition to your rights to cancel the contract during the cooling-off period set out in section 13, if any of the following circumstances apply, you have the right to cancel this contract immediately:

  1. I have informed you that there was an error with the price or the description of the goods when you placed the order, and you now do not wish to proceed based on the correct price or description;
  2. I have informed you that I need to make a major change to the goods and you do not want to proceed with the change;
  3. there is a significant delay in providing the goods to you, because of circumstances that are not within our control (see section 7.2);
  4. I have informed you that I need to suspend the supply of goods to you; or
  5. you have some other legal right to cancel the contract because of something I have done.

If you do cancel the contract for any of the above reasons (section 14.1(a) to 14.1(e)), then I will provide you with a refund for any goods that you have paid for but I have not yet provided, or I may provide you with a refund for any goods that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.

If there is a fault with the goods that I have provided to you, please see section 11 of these terms and conditions.

If you are cancelling the contract for any other reason that is not set out in section 14.1 or section 13 (where you are cancelling the contract during the cooling-off period) or that is due to a fault with the goods (see section 11), then the contract will end immediately and I will provide you with a refund for any goods that you have paid for but not yet received. However, I may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then I may charge you an amount of reasonable compensation for costs that I incur due to you cancelling the contract.

If you cancel the contract after I have dispatched goods, then you must return the goods to me (by returning the goods in person to the place where you bought them or posting them back to me). If you cancel the contract because of circumstances set out in section 14.1 or because there is a fault with them (see section 11), I will pay the costs of returning the goods to me or the costs of collecting them from you. If you cancel the contract for any other reason, you will be responsible for the costs of returning the goods to me or for contacting me promptly to make arrangements for collection, which will be at your cost.

Our rights to cancel the contract

If you don’t comply with your obligations in these terms and conditions, I may cancel the contract. The following are examples of circumstances where I would consider that you have not complied with your obligations:

  1. you do not pay me on time and you do not pay me within 3 days of us telling you that payment is overdue;
  2. you do not allow me to deliver the goods to you and do not re-arrange delivery or collection of the goods;
  3. you do not collect the goods within a reasonable time and you do not re-arrange collection;
  4. you do not provide me with information that I have requested from you within a reasonable time;

If I cancel the contract because you have not performed your obligations (including those examples listed in section 15.1), I will provide you with a refund for any goods for which you have paid but not yet received. However I may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then I may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.

If we stop providing goods

If the goods with which I provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), I may decide at some point in the future to stop providing them. If I decide to stop providing them, I will contact you at least 1 month before I stop providing them, to let you know. If you have made payment for goods that I will no longer be providing to you, I will give you the relevant refund for what you will not receive.

General

You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting my consent in writing.

If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.

If I delay in exercising any right I have under the contract, this will not stop me from exercising that right against you at a later date.

This contract is only between you and me. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.

If there is ever any dispute between you and me, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.

If you are dissatisfied with how I have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

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