As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just Email us: support@paintapik.co.uk or call us on: +44 7888461735.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are trading as paintapik.co.uk, Email address: support@paintapik.co.uk : Telephone number +44 7888461735 (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order.
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step-by-step process set out on the Website.
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.
10. Website means our website paintapik.co.uk on which the Goods are advertised.

Goods

11. The description of the Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements (i.e. all paintings made by us from an uploaded photo by the customer/user/consumer), it is your responsibility to ensure that any information or specification you provide is accurate, including accurate delivery information.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information

15. We retain and use all information strictly under the Privacy Policy.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 15 days from its date unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
23. If we wish to use one or all of your uploads on our website for any purpose, we will contact you and obtain permission, in writing, before doing so.You shall be solely responsible for your uploads and the consequences of uploading them.
24. You agree that you have all the necessary consents and permissions from all individuals depicted in your Uploads or submissions and that you retain all of your ownership rights to your uploads or submissions onto our website.
25. You authorize us to use all Intellectual Property Rights both foreign or domestic regarding your uploads onto our website and you agree that you own or have the necessary rights and permissions to use them.
26. BY VISITING AND USING OUR WEBSITE:
    We reserve the right to deactivate or edit any User Generated Content we deem, in our reasonable discretion, to be in violation of these Terms and conditions or which we are instructed to refuse to list or remove by any court or law enforcement or regulatory authority.
    We reserve the right to request proof of your right to submit or upload photos and/or other User Generated Content.In the event we: (a) receive any complaints about a photo you have uploaded onto our website or submitted for us to reproduce as a painting (b) receive notice of an investigation into your ownership and right to use a photo you have uploaded or submitted by any law enforcement or regulatory authority; or (c) otherwise become aware of any violation of these Terms or any illegal behaviour conducted by you, we reserve the right to temporarily suspend or remove (with or without notice) any order submitted or photo uploaded by you while we investigate the matter.You are responsible for the content of any photo, upload, submission onto our website by you, including any errors, omissions or inaccuracies contained in such photos. We accept no liability to you or any other person for the content of any photos you upload or submit on our website. We advise that you check the content of your photo after uploading it onto the website to ensure you are happy with it. You may remove any photos you have uploaded on the website at any time during the order process.
27. You agree that any photo you upload or submit onto our website will be in compliance with all laws and regulations both domestic and international and you will act in accordance with such arrangements, laws and regulations at all times.
28. You agree not to use the website or any information or material made available to you on the website, in any improper or unlawful manner or in breach of any rule, regulation, legislation or licence that applies to you.
29. You will not create any integrations (software or otherwise) to the website without the express written consent of PAINTAPIK.
30. Without limiting the foregoing, you agree that when using the website, you will not:

1. 1. (a) Publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence.
   2. (b) Send ‘spamming’ material or any other form of bulk communication.
   3. (c) Upload files or photos that contain software or other material which are the Intellectual Property Rights of any third party, or which are protected by rights of privacy or publicity of any third party without having received all necessary consents.
   4. (d) Upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the website or any other computer.
   5. (e) Promote any activity that is illegal.
   6. (f) Use software or any other means to harvest information from the website.
   7. (g) Harass others or disclose personal information about others that could amount to harassment.
   8. (h) Use any unauthorised integrations (software or otherwise) to the website.
   9. (i) Impersonate others or create false accounts on the website
   10. (j) Act in contravention of any policies for uploading content that we may make you aware of from time to time; or do or omit to do anything that, in our opinion: (i) brings us or our website into public disrepute, contempt, scandal or ridicule; (ii) damages or puts at risk any other users of our website; or (iii) materially prejudices us or our website.

Price and Payment

31. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
32. Prices and charges include VAT at the rate applicable at the time of the Order.
33. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately for the deposit amount and then completion of the balance or otherwise before delivery of the Goods.

Delivery

34. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 60 days after the day on which the Contract is entered into.
35. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
    1. a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made and you said to us before the Contract was made that delivery on time was essential; or
    2. b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
36. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
37. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
38. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
39. If we deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. you may need to pay import duties or other taxes, as we will not pay them. We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in a refund of shipment cost, however, we will make reasonable efforts to assist you with such delays in a timely manner.
40. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
41. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
42. Prices and fees related to Products may vary when you place an order depending on method of delivery, place of delivery and the number of figures included in the Products. The price of the Product does not include expedited shipping, framing of the painting, unless specifically selected and displayed on the payment page of our website. Standard shipping can take up to approximately 30 days from the date of the shipment.
43. To place an order, you will need to pay the displayed deposit amount in advance of the full order price excluding additional optional services. The balance payments will be charged once you review and approve the painting. Any additional services will be charged once shipping methods are finalized.
44. We will contact you via email to obtain your approval of the completed painting. Upon your approval, you will be requested to complete the order and to make a final outstanding balance payment, including charges to the price of the Painting/s depending on the shipment option.
45. If your painting arrives damaged, please contact us by email at (support@paintapik.co.uk). We will either repair the damage or, if the damage cannot be fixed, we will make a new painting for you free of charge. Evidence of the damage must be recorded and submitted to us and any final offer of repair or replacement will be at the final discretion of paintapik.
46. If you decide to cancel your order after paying the deposit but before your approval of the completed product then the deposit will not be refunded.

Risk and Title

47. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
48. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you.

Withdrawal and Cancellation

49. You can withdraw the Order by telling us before the Contract is made (i.e. before you receive a conformation email from us), if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
50. You can cancel the Contract EXCEPT FOR ANY GOODS WHICH ARE MADE TO YOUR SPECIAL REQUIREMENTS (i.e. any painting you requested us to make for you) (the Returns Right) by telling us no later than  14  calendar days  from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
51. This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. THESE CANCELLATION RIGHTS, HOWEVER, DO NOT APPLY, TO A CONTRACT FOR THE FOLLOWING GOODS (with no others) in the following circumstances:
    1. a. GOODS THAT ARE MADE TO YOUR SPECIFICATIONS OR ARE CLEARLY PERSONALIZED (I.E. ANY PAINTING WE PRODUCE FOR YOU)
52. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
    1. a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to Cancel

53. SUBJECT AS STATED IN THESE TERMS AND CONDITIONS, you can cancel this contract within 14 days without giving any reason.
54. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
55. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory.
56. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website paintapik.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
57. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation in the Cancellation Period

58. Except as set out below, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods Supplied

59. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
60. If you cancel this Contract after we have commenced the production of your painting but before delivery we will not refund your deposit or any costs related to the delivery of the product to your designated location.

Timing of Reimbursement

61. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
    1. a. 14 days after the day we receive back from you any Goods supplied, or
    2. b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
62. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
63. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

64. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 54 GLOUCESTER AVENUE,  SLOUGH,  BERKSHIRE, SL1 3AY. UNITED KINGDOM without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
65. For the purposes of these Cancellation Rights, these words have the following meanings:
    1. a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
    2. b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

66. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
67. Upon delivery, the Goods will:
    1. a. be of satisfactory quality;
    2. b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
    3. c. conform to their description.
68. It is not a failure to conform if the failure has its origin in your materials.
69. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by us. Details of the guarantee, including the name and address of paintapik, the duration and territorial scope of the guarantee, are set out in the paintapik guarantee provided with the Goods or by email. This guarantee will take effect at the time the Goods are delivered and will not reduce your legal rights.
70. We will provide the following after-sales service: Support will be provided within the first 30 days after delivery. You are entitled to a one-time refund of your payment (less the deposit paid and the cost of any shipping to and from your delivery address). The refund will only be paid when we receive the purchased product at the address given to you by us. If a customer doesn’t receive their product after shipping, then we will provide support in locating their product.

Successors and Our Sub-Contractors

71. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

72. In the event of any failure by a party because of something beyond its reasonable control:
    1. a. the party will advise the other party as soon as reasonably practicable; and
    2. b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

73. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
74. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://paintapik.co.uk/policy) and Cookies Policy (https://paintapik.co.uk/cookie).
75. For the purposes of these Terms and Conditions:
    1. a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. b. ‘GDPR’ means the UK General Data Protection Regulation.
    3. c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
76. We are a Data Controller of the Personal Data we Process in providing Goods to you.
77. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. b. we will only Process Personal Data for the purposes identified;
    3. c. we will respect your rights in relation to your Personal Data; and
    4. d. we will implement technical and organisational measures to ensure your Personal Data is secure.
78. For any enquiries or complaints regarding data privacy, you can e-mail: support@paintapik.co.uk.

Excluding Liability

79. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
80. To the fullest extent permissible by law, we do not and will not accept liability for any direct, indirect, punitive, exemplary, special, consequential or incidental damages or losses of any kind or for any loss of revenue, profits, data or reputation, arising under these terms and conditions or out of your use of, or inability to use, our website.
81. Notwithstanding other provisions of these terms and conditions, if we are found to be liable to you for any damage or loss which arises out of your use of our website or any content within it, our liability shall in no event exceed the amount paid by you to us during the twelve (12) months period immediately preceding the date on which the cause of action arose.

Governing Law, Jurisdiction and Complaints

82. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
83. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
84. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
85. Model Cancellation Form

To SANDIP SANDHU trading as PAINTAPIK, 54 GLOUCESTER AVENUE SLOUGH BERKSHIRE SL1 3AY Email address: support@paintapik.co.uk
Telephone number: +44 7888461735

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date

[*] Delete as appropriate.