Our Terms For Online Purchases
Table Of Contents
1......... THESE TERMS.............................................................................................................. 1
2......... INFORMATION ABOUT US AND HOW TO CONTACT US........................................ 1
3......... OUR CONTRACT WITH YOU...................................................................................... 1
4......... OUR PRODUCTS......................................................................................................... 2
5......... MADE TO ORDER WORKS.......................................................................................... 2
6......... OUR RIGHTS TO MAKE CHANGES............................................................................ 2
7......... PROVIDING THE PRODUCTS..................................................................................... 2
8......... YOUR RIGHTS TO END THE CONTRACT................................................................. 4
9......... HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)......5
10....... OUR RIGHTS TO END THE CONTRACT................................................................... 6
11....... IF THERE IS A PROBLEM WITH THE PRODUCT...................................................... 6
12....... PRICE AND PAYMENT................................................................................................. 7
13....... OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.................. 7
14....... HOW WE MAY USE YOUR PERSONAL INFORMATION........................................... 8
15....... OTHER IMPORTANT TERMS...................................................................................... 8
Schedule 1 Model Cancellation Form.................................................................................... 9
1. These Terms For Online Purchases
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you when you place an order online. Please note that these terms and conditions do not apply to:
1.1.1 purchases made at art shows (which are subject to separate terms and conditions), or
1.1.2 purchases from retailers (which are subject to the retailer’s terms and conditions).
1.2 What you can order. You can order the following goods from our website:
1.2.1 Giclee Prints and Original Art Works (Finished Works); and
1.2.2 Original Art Works made to your specifications (Made to Order Works).
Each of these is a Product.
1.3 Where indicated on our website a Product will be supplied with a bottle of specially prepared fragrance.
1.4 Please note that these terms apply differently to the Made to Order Works in some places, for example at clauses 5 and 8.4.
1.5 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Important Information About Us And How To Contact Us
2.1 Who we are. We are Louise Hiley Limited a company registered in England and Wales. Our company registration number is 10186105 and our registered office is Stanford House, Croston Close, Alderley Edge, Cheshire, SK9 7BX. We are currently not registered for VAT.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org or Louise Hiley Limited, Stanford House, Croston Close, Alderley Edge, Cheshire, SK9 7BX.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, dimensions and measurements indicated on our website have a 10% tolerance.
4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
4.3 Making sure your measurements are accurate. If we are making the Product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. Made To Order Works
5.1 Made to Order Works. Loutheartist Limited will provide you with a Colour Card within 14 days of the order.
5.2 To hand-make your Made to Order Work we must receive the information at 5.2.1 to 5.2.4 (Information) from you within  days of you receiving your Colour Card:
5.2.1 the shape of the Made to Order Work;
5.2.2 the dimensions of the Made to Order Work in centimetres;
5.2.3 the colours or types of foil to be used in the Made to Order Work; and
5.2.4 the scent to be provided with the Made to Order Work.
5.3 Agreeing the specification. We will contact you within  days of receiving the Information and work with you to hand-make a collage that reflects the Information you provide in accordance with clause 5.1 and any other variations or customisations which we are able to incorporate into your Made to Order Work (Specification).
5.4 If we are unable to agree with you (a) a Specification and/or (b) a cost for the Made to Order Work (Price) within [2 months] of your order being placed, we may notify you in accordance with clause 10.1.4 that we are ending the contract.
5.5 Price and Time. The Price will be based on our estimate of the amount of time we will need in order to create a Product of appropriate quality and the materials that will be necessary to hand-make your Made to Order Work. The amount of time that it takes to create a Made to Order Work will vary on each occasion but we will always complete your Made to Order Work within [3 months] of our agreeing the Specification and Price (unless we agree otherwise in writing with you).
5.6 Completion. We will contact you to let you know the Made to Order Work is complete. The Price will become payable within [14 days] of the day we write to you by post or email to inform you that the Made to Order Work has been completed.
5.7 The Made to Order Work will be sent to you in accordance with clause 7.
6. Our Rights To Make Changes
Minor changes to the Products. We may change the Product to reflect changes in relevant laws and regulatory requirements including, but not limited to, the manufacture of perfumes and the use of recycled materials in the Products.
7. Providing The Products
7.1 Delivery costs. The costs of delivery will be as follows:
Free UK Mainland Delivery. International Delivery will be quoted by email when you enquire in advance of your order.
7.2 When we will deliver the Products. We will deliver them to you as soon as reasonably possible and (subject to the terms of this clause 7):
7.2.1 for Made to Order Works within 30 days after the day on which we receive payment for your order in accordance with clause
7.2.2 for Finished Works within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed:
7.3.1 by an event outside our control; or
7.3.2 by our specially ordering materials to hand-make your Made to Order Work we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by either 7.3.1 or 7.3.2, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products, then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the Products; or
7.6.2 you told us in writing before we accepted your order that delivery within the delivery deadline was essential.
7.7 When you become responsible for Products. A Product will be your responsibility from the time we deliver it to the address you gave us.
7.8 When you own the Product. You own the Product once we have received payment in full.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, the Information as specified in clause 5.1 in relation to Made to Order Works. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Your Rights To End The Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the Product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.3 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
8.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
8.2.3 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6)).
8.3 Your right to change your mind. For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Made to Order Works.
8.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products .
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. Our contract with you is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How To End The Contract With Us (Including If You Have Changed Your Mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Email. Email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, complete the Model Cancellation Form and email.
9.1.2 By post. Write to us at Louise Hiley Limited, Stanford House, Croston Close, Alderley Edge, Cheshire, SK9 7BX, including details of what you bought, when you ordered or received it and your name and address. Alternatively, complete the Model Cancellation Form and return by post.
9.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Louise Hiley Limited, Stanford House, Croston Close, Alderley Edge, Cheshire, SK9 7BX. Please email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the Products are faulty or misdescribed;
9.3.2 if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.5.1 We may reduce your refund of the Product’s price (excluding delivery costs) to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way which would not be permitted in a gallery, exhibition, art show or retail outlet. Please note that the Finished Works and Made to Order Works are art objects and as such mis-handling can result in a significant or total loss of value which may affect your refund in accordance with this clause 9.5.1. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2.
10. Our Rights to End The Contract
10.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your address for delivery;
10.1.3 you do not, within a reasonable time, allow us to deliver the Products to you; or
10.1.4 we are unable to agree the Specification and/or Price for Made to Order Works with you in accordance with clause 5.3.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract the contract.
11. If There is A Problem With The Product
11.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can write to us at email@example.com and Louise Hiley Limited, Stanford House, Croston Close, Alderley Edge, Cheshire, SK9 7BX.
11.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary Of Your Key Legal Rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
For the purposes of the Consumer Rights Act 2015 your Product is goods. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
- up to 30 days: if the Product is faulty, then you can get an immediate refund.
- up to six months: if the Product can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if your Product does not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. regarding your right to change your mind.
11.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products, you must post them back to us. We will pay the costs of postage (except where you are exercising your right to change your mind in accordance with clause 8.3). Please email us at firstname.lastname@example.org for a return label.
12. Price And Payment
12.1 Where to find the price for the Product. The price of Finished Works (which currently does not include VAT) will be the price indicated on our website. For the Price of Made to Order Works please see clause 5.4. We use our best efforts to ensure that the price of the Finished Works advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Product you order.
12.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
12.3 When you must pay and how you must pay. We accept payment via Paypal. You must pay for Made to Order Works in accordance with clause 5.4 and for Finished Works before we dispatch them.
13. Our Responsibility For Loss Or Damages Suffered By You
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987
13.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How We May Use Your Personal Information
In accordance with the Data Protection Act 1998 we will only use the information collected from you to enable us to process your order, contact you in the event of a query and email you our newsletter if requested. We do not hold your personal Paypal or credit card details. The payment total only is provided by Paypal and your credit card company to us to show that you have paid. We will not pass your address or order details to any third party unless we are legally required to do so.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other Important Terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there are any payments due outstanding.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms (subject to clauses 15.1 and 15.2) Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.