Terms and conditions

Welcome to ToTheWillowGarden
These terms and conditions outline the rules and regulations for the use of ToTheWillowGarden's Website.
ToTheWillowGarden is located at: www.tothewillowgarden.co.uk

By accessing this website we assume you accept these terms and conditions in full.

We may change these Terms and Conditions from time to time and it is your responsibility to check the Terms and Conditions which apply at the time of your order.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

(1)"Client", "You" and "Your" "Buyer" refers to you, the person accessing this website and accepting the Company's terms and conditions.

(2)"The Company", "Ourselves", "We", "Our" and "Us", refers to ToTheWillowGarden/Paula McBride. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves.

(3)"Artwork" or "Painting" means the pieces of art or artwork which a Buyer agrees to buy from us using our Website.

(4) "Commission" is Artwork/Painting supplied according to the Buyer's requirements.

(5) "Intellectual Property Rights" means any design right, trademark, registered design, copyright, or any database rights and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.

(6) "Order confirmation" means the email confirming the Buyer's order and will confirm such details as the buyer ordered, the price and expected delivery date.

(7) "Mainland UK" includes most delivery addresses in the United Kingdom, but not all, please contact for details.

8) "Standard Delivery" means a method of delivery within Mainland UK, using an approved carrier, with the Artwork being insured to at least to the value of the asked price and for which the carrier obtains a signature upon delivery to show receipt.

(9) "Terms and Conditions" means these Terms and Conditions, and any other Terms and Conditions on our Website, plus they include any special terms and conditions agreed in writing by us.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of.

Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Commissioned Artwork

Any quotes for commissioned work will be valid for a period of 30 days.

Any other item, apart from the Artwork purchased or commissioned, is not part of the agreement, unless specifically stated within the Order Confirmation. (eg: preliminary sketches, ideas shown.)

Commissions - together we will agree a price for a commission, based on any requirements from you. Commissions require a non-refundable 25% deposit to be paid in advance with the balance being payable once you have approved of the Artwork.. You will be sent images for approval, once you approve an image then you are liable to pay in full, before the item is despatched.

Price and Payment

The price of the Artwork is as displayed in GBP on the Website at the time of purchase. The price that you will pay will be confirmed in the Order Confirmation that we will supply you with. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.

The Price includes standard delivery within Mainland UK. We will provide postage details in your despatch email.

An additional charge will be made for anything other than standard delivery and for International Deliveries, according to the address, size and weight of the Artwork.

Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts.

Once you have placed an order you are responsible for payment.

International Sales

The price is displayed in British pounds, so you will be paying using GBP.

Currency exchange rates and charges are your responsibility.

Delivery of Artwork to an international address is at your own expense and risk and so we always advise that you check directly with customs officials in the country where any delivery address is located so that you understand what duties or charges may be imposed.

You are solely responsible for complying with any import requirements and laws which apply to the country where the delivery address is located.

In addition to the actual purchase price of the Artwork, you will be solely and fully responsible for any and all tax or duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.

This means that we will not be responsible for any costs incurred as a result of any delivery of Artwork to you.

If you have any queries about the Artwork or shipping and delivery please contact us directly using the details provided on the Website - we will be happy to deal with any questions you have.

Delivery

Delivery is arranged by the us to the address, as provided by you on the Order Confirmation.

Delivery times are estimates and not guaranteed.

Multiple pieces of Artwork may be combined.

If you have any particular shipping requirements then you must please contact us directly using the "contact" form available on the Website or email us.

Other than for Commissions, we aim to dispatch your order as soon as possible, usually within 3 working days of the date of accepting your order. If there is going to be a delay we will let you know by email.

You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of the Artwork.

Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.

Delivery of the Artwork will usually be by a service which requires a signature on receipt.

Returns

If you would like to return your order, please confirm this in writing by contacting us directly using the "contact" form available on the Website or emailing us at paula@tothewillowgarden.co.uk within 14 days following the date you received your Artwork. We will then help you with information about the Returns Method.

Please note that these cancellation rights do not apply to any commissioned Artwork.

Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to us using the postal address as provided on the invoice unless we have specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending.

You will be responsible for the costs in returning the item to us.

The law enables sellers (us) to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary - i.e. "unreasonable use".

When you cancel an order for Artwork we will refund the amount you paid for the Artwork and our standard 'signed for' delivery costs. So, for example, if you have chosen next day delivery you will only be reimbursed the amount of our standard 'signed for' delivery costs.

Where you cancel an order for Artwork then we will refund you within 14 days of the date we receive the Artwork.

Refunds are made using the same payment method that you used to pay us.

Cookies

We employ the use of cookies. By using ToTheWillowGarden's website you consent to the use of cookies in accordance with ToTheWillowGarden's privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Intellectual Property Rights

Unless otherwise stated, Paula McBride and ToTheWillowGarden and/or it's licensors own the intellectual property rights for all material on ToTheWillowGarden.

All intellectual property rights are reserved meaning: Title, ownership rights, and intellectual property rights of the Artwork shall remain the sole property of Paula McBride, even after the Artwork has been sold to the buyer.

You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Artwork, in whole or in part, unless specifically agreed to in writing from us.

You may use the Artwork for your own personal use. You may not store electronically the Artwork or any significant portion of the Artwork.

You may view and/or print pages from https://www.tothewillowgarden.co.uk for your own personal use subject to restrictions set in these terms and conditions.
You must not:Republish material from https://www.tothewillowgarden.co.uk
Sell, rent or sub-license material from https://www.tothewillowgarden.co.uk
Reproduce, duplicate or copy material from https://www.tothewillowgarden.co.uk

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.