1. Acceptance of terms.

• 1.1. Customer Terms: These terms together with the Standards of Service, Privacy Policy any other documents referred to in these provisions set out the terms and conditions upon which you may (a) commission artwork through the ‘Paintmeapresent’ website (the "Site"), and/or (b) use the Site generally ("Customer Terms").
• 1.2. Using the Site: By using the Site you are warranting that you are above 18 years of age and agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Site.

2. About us and the Site.

• 2.1. Operator: The Site is operated by ‘Paint me a Present’, a sole Trader based in London, SW18 (“PMAP”, “we”, “us”). You can contact us by clicking on the ‘Contact us’ tab on the Site.
• 2.2. Purpose: You may commission us to engage one of our artists (“Artist”) to create a painting (“Picture”) of a photograph of your choice(“Photograph”) via the Site.
• 2.3. Contract: The legal contract you enter into if you commission a Picture pursuant to clause 2.2is between you and us and shall be governed by the Customer Terms.

3. Accessing the Site and registration.

• 3.1. Registration: You will need to register on the Site in order to commission a Picture. Any personal data and other information provided by you when registering shall be processed by us in accordance with our Privacy Policy.
• 3.2. Username and password: As part of the registration process, you will be required to choose a username and password that will be needed to access certain areas of the Site. You are responsible for maintaining the security of your username and password and you are responsible for any action taken under your username or password (whether authorised or not) subject to PMAP taking all reasonable steps to ensure the security of your information on our systems.

4. Ordering a Picture on the Site

• 4.1. Process: The process to order a Picture is as follows:
• 4.1.1. if you are a new user, register on the Site in accordance with paragraph 3.1, or if you are a returning user, log into the Site using your username and password;
• 4.1.2. choose the category of the Picture;
• 4.1.3. choose the style of the Picture from the example Pictures shown (this will determine which Artist paints your Picture);
• 4.1.4. choose the size of the Picture you want;
• 4.1.5. upload the Photograph that will form the basis of the Picture;
• 4.1.6. write any special instructions to the Artist you might have in relation to the Picture in the ‘notes’ section;
• 4.1.7. provide us with the address to which you would like the Picture delivered and choose the delivery method; and
• 4.1.8. pay for the Picture and delivery of the Picture in accordance with clause 5, the price of which shall be calculated based on the preferences you have chosen for the Picture and the method and place of delivery.
• 4.2. Confirmation email: Once you have completed the steps outlined in clause 4.1, we will send you an email confirming the order for your Picture (“Confirmation Email”).If you do not receive an email confirmation within 24 hours after placing the order, please contact us.
• 4.3. Acceptance of order: The Confirmation Email is our acceptance of your order; until you receive the Confirmation Email, we do not have any legal contract with you to provide you with the Picture.
• 4.4. Review of order: You should review the Confirmation Email carefully. If there are any mistakes in the Confirmation Email, you should contact us immediately. If you do not contact us to notify us of any mistakes within 24 hours of receiving the Confirmation Email, we may not be able to amend your order as the Artist may have already commenced working on your Picture.

5. Payment and pricing.

• 5.1. Full payment for the Picture and delivery of the Picture is required at the time the Picture is ordered. You can pay by debit/credit cards or paypal using the payment gateway on the Site.
• 5.2. All prices shall be shown in your selected currency and payable in that currency. The price for a Picture in your selected currency shall not vary according to your location; however delivery charges will vary depending on the destination to which the Picture shall be delivered. Additional charges may apply if you are ordering the Picture from outside of the UK.
• 5.3. All prices are shown as VAT inclusive.

6. Delivery

• 6.1. Timing: We shall procure that your Picture is delivered to the address you provided at the time of order within 15 working days (three calendar weeks) of the date you receive the Confirmation Email.
• 6.2. Risk and Title: Risk and title in the Picture shall pass to you at the time of delivery.
• 6.3. Packaging: Your Picture will be packaged in our branded tissue paper and adequately protected with bubble wrap so as to minimise the likelihood of damage whilst in transit.
• 6.4. Damage/non-delivery: Claims for damage to the Picture must be made to us within 3 working days of receipt of the Picture. The damaged Picture and all packaging must be retained for inspection. Claims of non-delivery must be made to us within 7 working days of the date the Picture was supposed to be delivered.

7. Quality control, returns and cancellation

• 7.1. Undertaking as to quality: We undertake to you that your Picture will be representative of the Photograph and will be painted in the the style you ordered. We further undertake to you that the materials used in creating your Picture shall be of reasonable quality.
• 7.2. Alterations: If you are not happy with your Picture, please let us know and we will pass on any such feedback to the Artist. We may procure (in our absolute discretion) that the Artist alters the Picture in accordance with your requests, however the Picture is sold to you on an ‘as is’ basis, and we make no representation or undertaking to you regarding your requested alterations to the Picture. If we do agree to have the Picture altered by the Artist, you shall be responsible for delivering the Picture back to the Artist for amendment and any resulting delivery costs incurred as a result thereof.
• 7.3. Distance Selling Regulations: You do not have a right to cancel the purchase of the Picture pursuant to the Consumer Protection (Distance Selling Regulations) 2000 because the personalised nature of the Picture means it cannot be returned.
• 7.4. Refunds: We do not offer any refunds on Pictures delivered to you in accordance with the Customer Terms and which are undamaged.

8. Intellectual property rights

• 8.1. Warranty: You warrant that:
• 8.1.1. you own or are otherwise entitled to all intellectual property rights contained in the Photograph, and have full rights to grant the rights as set out in clause 8.2; and
• 8.1.2. thePhotograph does not infringe any intellectual property rights of any third party.
• 8.2. Licence: By uploading a Photograph to the Site, you grant us a perpetual, non-exclusive, royalty-free, licence(which we are entitled to sub-licence to the Artist) to use, copy, modify, reproduce, print, display and publish the image and any text included in the image on the Site and on the Picture. For the avoidance of doubt, this licence shall extend to creating derivative works from the Photograph.
• 8.3. Indemnity: You agree to indemnify and hold us and the Artist harmless from any claims, losses and expenses, including all legal fees arising from our and/or the Artist’s use of the image in accordance with clause 8.2.
• 8.4. Copyright in the Picture: You acknowledge that you do not own the copyright in the Picture and you shall not be entitled to reproduce, modify or distribute copies of the Picture or any images of the Picture in any manner whatsoever without our prior express permission.
• 8.5. Site: The content and software on this Site is the property of PMAP. You may not without our permission reproduce, edit, publish or transmit any of the contents of this Site. You may use the Site to purchase Pictures for your personal use only. All rights in the trade mark and logo “Paint me a Present” are expressly reserved to us and all goodwill derived from use of the “Paint me a Present” trade mark or logo accrues to us.

9. Liability

• 9.1. Total liability: Subject to 9.3, our total liability to you in respect of each Picture you purchase via the Site shall be limited to the aggregate of the price you paid to us for each such Picture and the costs of the Picture’s delivery to you.
• 9.2. Consequential and indirect loss: We shall not be liable to you for any indirect or consequential losses or any loss of enjoyment or opportunity arising out of your use of the Site, including without limitation compensation for inconvenience if you do not receive a Picture in time to be given as a gift its intended recipient, or if you do not like the Picture and do not wish to give it as a gift to its intended recipient.
• 9.3. Negligence or fraudulent misrepresentation:Nothing in these Customer Terms is intended or shall be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.

10. Gift vouchers

• 10.1. Application of Customer Terms: It is possible to purchase a Paintmeapresent gift voucher (“Gift Voucher”) via the Site, which shall be transferable to a person of your choice. These Customer Terms shall apply to the Gift Voucher’s intended recipient. You must nominate the name of the intended recipient at the time of purchase of the Gift Voucher.
• 10.2. Dispatch: Gift Vouchers shall be dispatched by email to you as a downloadable PDF once we have received payment for the Gift Voucher (this email we send to you containing the Gift Voucher shall be sent to you in place of the Confirmation Email).The Gift Voucher will have a unique code and shall identify the name of the intended recipient. It is your responsibility to ensure that the delivery email address entered on the Site is correct.

11. General

• 11.1. Applicable law: These Customer Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English Courts.
• 11.2. Modification: We may update these Customer Terms (and the documents referred to in them) from time to time and will notify such changes to you by uploading them on the Site. You should review the Customer Terms periodically for changes.If you have an outstanding order for a Picture at the time we update these Customer Terms, the original Customer Terms current at the time of placing your order shall remain in force in respect of that Picture.
• 11.3. Entire Agreement: These Customer Terms (and all documents incorporated by reference) constitutes the entire agreement between you and us in relation to the purchase of a Picture and supersedes all prior agreements and understandings between us with respect to the Picture whether written or oral. If any provision of these Customer Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Customer Terms shall not be affected.
• 11.4. Force majeure: Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control then our performance of its obligations shall be postponed for the period of time that the circumstances continue.
• 11.5. Viruses, hacking and other offences: You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
• 11.6. Waiver: No failure or delay by us in exercising any of our rights under these Customer Terms should be deemed to be a waiver thereof and no waiver of a breach of a provision of these Customer Terms shall be deemed to be a waiver of any subsequent breach.
• 11.7. Conflict: If there is any conflict or inconsistency between these Customer Terms and any other information provided on the Site, these Customer Terms shall prevail to the extent of the conflict or inconsistency.