Terms and Conditions
This website is operated by Daphne Fitch. Throughout the site, the terms “we”, “us” and “our” refer to Daphne Fitch.
Overview
Please read this agreement carefully as by visiting, registering or making a purchase from this website, you agree to the following terms and conditions. (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This does not affect your non-excludable statutory rights.
These Terms and Conditions of Service (“Terms”) govern your use of daphnefitch.com (including, without limitation, both mobile and online versions of our website and our website store), and also applies to your use of all features, applications, content, downloads and other services that we make available through the website and/or that post a link to these Terms (collectively, referred to herein as the “Website”).
By using the Website, you consent to the collection and use of your data (including Personal Data as defined therein) in accordance with the Privacy Policy. By using the Website, you further agree that Daphne Fitch may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimise your use of the Website.
You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online Store Terms
1. Purchasing & Payment
We must receive payment in full for your order before it can be accepted. Once your credit card has been authorised and the stock has been checked, we will send you an email receipt confirming your order. Please keep this receipt for your records. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
We can only accept orders for items that are in stock. If we are not able to fulfil an order we have accepted, your credit card will be re-credited with the original price and we will notify you by email. In no circumstances will we be liable to you for any additional amounts.
We reserve the right to refuse to supply to any person for whatever reason. We also reserve the right to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our: withdrawing of any goods from the Website whether or not such goods have been sold; removing or editing content on the Website, or, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You can pay online with any of the following credit/debit cards: Visa, MasterCard, Maestro, or PayPal. To ensure that shopping online is secure, your credit/debit details will be encrypted to minimise the possibility of someone being able to read your details as they are transferred over networks.
2. Right to Cancel Online Orders
Please refer to our Returns Policy for information about your right to return. Please email shop@daphnefitch.com for all enquiries relating to cancelling orders.
3. Online Pricing
All prices are shown on our Website, are quoted in British Sterling (£)
We try to make sure that the prices on our Website are accurate but errors may occur. If we discover an error in pricing of the goods in your order we will inform you as soon as possible using the contact details you supply us and give you the option of reconfirming your order at the correct price or cancelling it. (If we are unable to reach you we will treat the order as cancelled). In the event of an order being cancelled, any payment made for the goods will be refunded in full.
All offers are available while stocks last. If we are unable to supply a particular item which you have ordered or if the correct price for an item is different from the price on your order, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund you any money which you have paid.
Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
4. Delivery outside UK
We do not deliver outside of the United Kingdom.We hope to commence deliveries to EU member countries in the near future, and then rest of the world, if the sale and delivery of our goods to your particular country or location is permissible, so please be aware of your own geographic import restrictions. The timescale for this is unknown at present, so please keep checking our social channels, and website for any future announcements.
5. General Conditions
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
6. Modifications to the Service and Price
Prices for our goods are subject to change without notice.
We reserve the right at any time to modify or discontinue goods or services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of goods and services.
7. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
8. Our Responsibility
We make no promise that our Website will be uninterrupted or entirely error free. Because of the nature of the Internet, the shopping online service is provided on an "as is" and "as available" basis. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
This does not affect your statutory rights as a consumer.
9. Personal Information
The following applies to any information you provide to us, for example during any registration or ordering process. Full details about our use of your personal information can be found in our privacy policy.
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our Website by us or our sub-contractors. If you obtain or choose to buy through our Website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as 'Personal Information';
You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our Website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
10. Copyright, Trademarks & Data Protection
All rights in the designs and information on our Website are owned by us. They are protected by copyright, trademarks and other intellectual property rights.
You may view, copy and print portions of our Website for the sole purpose of placing an order with us. The materials on our Website may not be used for any other purpose.
We will use the information which you provide and the records of items you buy to constantly monitor and improve our service and for marketing purposes in accordance with our Privacy Policy.
11. Third Party Links
Our Website may contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding any third-party products should be directed to the third-party.
12. Use of Cookies
As a result of viewing this Website some information may become stored upon your computer. This information may be in the form of a 'cookie' or similar file which may help Daphne Fitch in many ways for instance to improve the content of the Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our Website you consent to Daphne Fitch’s use of any information gathered for the purposes mentioned above.
13. Availability of our Website
We may change or withdraw any part of our Website, or may refuse you access to the Website at any time if we consider it necessary.
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device. You must not transmit any worms or viruses or any code of a destructive nature.
14. Liability
The entire liability of Daphne Fitch under or in connection with any contract for any goods to which these conditions apply shall not exceed the price of the goods. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use the Website is at your sole risk. The service and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
15. User’s Responsibilities
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
16. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website.
You also agree to indemnify us for any loss, damage, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Website infrastructure.
17. Offers & Promotions
We will run offers and promotions via our email newsletters and across the site. These offers may vary, but only one offer can be redeemed at a time. Offers are available whilst stocks last or during the time specified, whichever comes first. Times of offers are set on GMT time zones unless otherwise specified. We reserve the right to change or withdraw the offer at any time. We reserve the right to cancel an order if we suspect fraud.
18. Validity
If for any reason part of these Terms and Conditions is unenforceable, the validity of the remaining Terms of Sale shall not be affected.
19. Governing Law and Jurisdiction
These Terms and Conditions and your use of our Website are governed by the laws of England and Wales and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Updates to these Terms & Conditions
We may alter these terms and conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our Website.
21. Terms and Conditions for Commissions
The following terms and conditions apply to the commissions service provided by Daphne Fitch to you, the Client.
22. Acceptance
It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions an artwork from Daphne Fitch then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any commission or use services implies that you have read, understood and accepted these terms and conditions.
23. Price Quotations
Charges for services to be provided by Daphne Fitch are defined in the price quotation that the Client will receive, upon request, via email. Quotations are valid for a period of 30 days. Daphne Fitch reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
24. Deposit
Daphne Fitch requires a 30% deposit from the Client to confirm a commission slot. This deposit is non refundable.
25. Commission Progress
Once work commences on a Clients commission, Daphne Fitch will email photos of the progress of the commission and an estimated completion date.
At this stage minor alterations can be made to its design content.
Daphne Fitch reserves the right to share “in progress” photos to social media unless the Client expresses this not to be done.
Once commission is complete Daphne Fitch will email the Client a watermarked digital photo of the finished commission. At this stage only very minor adjustments can be made.
26. Additional Expenses
The Client agrees to reimburse Daphne Fitch for any additional expenses incurred for the completion of the work. Examples of these instances would be postage charges, extra travel expenses for delivery etc.
27. Copyright
The Client retains ownership of the artwork, but Daphne Fitch retains the copyright to the created commission. Daphne Fitch will not reproduce images of the commission and its usage will not be allowed on any other website apart from the Daphne Fitch website and social media pages, unless the Client gives written permission to do so.
Daphne Fitch reserves the right to display the commission on their website and social media pages. If a Client is unhappy about the commission being displayed, they must declare this upon placing the commission.
28. Payments
Invoices will be issued by Daphne Fitch upon completion of the commission and before collection/delivery. Invoices are primarily sent via email. The Client will also be required to provide a current postal address to receive hard copy invoices. Payment in full is due within 7 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Daphne Fitch does not accept payment in part or via instalments.
Daphne Fitch accepts payment by the following method:
Bank Transfer (BACS)
Please email sophie@daphnefitch.com for complete payment details.
Upon receiving full payment, and depending the type of commission, and what was agreed at the outset. The commission will usually be despatched with an agreed courier within 1-2 business days, unless a specific day is requested by the Client, or the commission will become available for collection/ drop off at a date and time agreed with the Client, or any files sent to the Client electronically within any agreed time frame. Daphne Fitch’s usual opening hours are 9:30hrs – 16:30hrs, Monday – Friday, (not including bank holiday’s or weekends).
29. For termination before completion of commission
If the client chooses to terminate the services of Daphne Fitch after agreeing a commission arrangement but before the commissioned project is complete, Daphne Fitch reserves the right to retain any non-refundable deposits paid.Should the Client cancel the commission agreement after the commission has been completed, Daphne Fitch reserves the right to charge up to 85% of the total projected costs. The scale of the charge will be dependent on the discretion of Daphne Fitch and the stage of the project at the time of cancellation.
If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from Daphne Fitch) Daphne Fitch will issue a warning email. If this warning email is not replied to (and communication does not resume) with a following period of 30 days, Daphne Fitch reserves the right to to terminate the commission. In this event, all deposits paid will be retained by Daphne Fitch and the commission will be cancelled.
If the Client wishes to continue the commission at a later date they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-refundable deposit.
Contact information
If you have questions about these Terms, you should direct them to us via email at info@daphnefitch.com
