Terms and Conditions

These Terms and Conditions of Service (“Terms”) govern The Picture Gallery’s online service (“Service”). Your use of the Service constitutes your agreement to be bound by these Terms. The Service is available to everyone.

You may order printed items from the The Picture Gallery by uploading digital images to us for either printing on photographic paper, or canvas, or by selecting one of our stock images. You also have the choice to order mounts, picture frames, multi photo mounts & frames, letter frames, football shirt frames, decorative frames, personalised items, photo and poster prints, and other items from our online shop.

Order details

We do not hold stocks of any products offered on our website apart from sundry items such as tape and hanging accessories. All orders placed on this website are made to order to your specifications including our standard size frames. It is your responsibility to ensure the sizes and information for personalised items you enter on our website are correct before placing your order. Once the order has been made and received in good condition we cannot offer a refund or exchange for correctly supplied goods. This is in accordance with the laws regarding Long Distance Selling Regulations. Please see http://www.out-law.com/page-430#services for more information.

Order Confirmation

All orders placed on this site will be confirmed by email. These Terms will not form a binding contract between you and The Picture Gallery for the purchase and supply of printed items, mounts, frames and items from our online shop until The Picture Gallery confirms your order by email.

Accuracy

Every attempt has been made to ensure the information given and colour representation of frames and mounts on our website is as accurate as possible. However, colour monitors and other internet accessible devices do vary from screen to screen therefore we cannot be held responsible if the colour of your frames or mounts are not an exact colour match to what you see on your monitor. If an exact colour match is important to you then we suggest you order frame or mount samples before ordering. Sample mounts/frames can be sent to you at a cost of £2.00 for up to 5 samples. This is refundable against any order you place within 28 days.

Pricing

All prices shown on this website are in English pounds and are inclusive of VAT.

Delivery charges

Please see our delivery information page for a breakdown of our delivery charges. Delivery charges will be added at the final checkout process according to your post code area.

Payment

You agree to pay for your online order when you confirm your order. We accept payment by Visa, Switch and Mastercard securely through OGONE. We also accept PayPal payments.

Returns

Every frame/mount/canvas print etc. we make is made to your specification therefore we cannot offer a refund on any correctly supplied items. This complies with the UK's distance selling regulations for goods made to order. Please see http://www.out-law.com/page-430#services for more information.

In the unlikely event your item arrives damaged you need to inform us within 48 hours making sure you retain all packaging. Please call us on 01234 360030 so we can discuss the problem with you. It would help us if you could provide photographic evidence via email of the damage so we can make a claim with our courier. If you are unable to send photographic evidence via email we may ask you to return the goods, at our expense, for inspeciton. Once we have inspected the goods we will then replace them for you to the exact specifications as your original order.

No Obligation to Monitor Content

The Picture Gallery does not control the content of your images and has no obligation to monitor such content for any purpose. You are solely responsible for all content and material you provide for the service.

Your Responsibility

You must have the legal right to copy each image that you order. Photographs obtained from websites or print publications may be protected by copyright and should not be sent to The Picture Gallery. You agree NOT to use the Service: for any illegal or improper purpose; to upload any material that is obscene, indecent, offensive, blasphemous, pornographic, illegal, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, or otherwise objectionable; to upload any material that you do not have a right to transmit under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including but not limited to The Picture Gallery; to harm minors in any way, including, but not limited to, content that is indecent, violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; to upload any material which is likely to cause harm to The Picture Gallery’s or anyone else’s computer system, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service; to interfere with or disrupt this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or to provide any information to The Picture Gallery that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

Refusal to Provide Service; Deletion

The Picture Gallery may at any time without notice: change or suspend any part of the Service; and/or refuse to fulfill any order and delete any images you have sent to the Service if, in The Picture Gallery's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires The Picture Gallery to do so; and/or delete your digital images following printing. The Picture Gallery is not obligated to store your digital images for you.

Privacy

The Picture Gallery is committed to safeguarding privacy.

The Picture Gallery’s Liability

The Picture Gallery will conduct the Service with reasonable skill and care, and will use its reasonable endeavours to ensure that the Service is available at all times and to ensure that the files available for you to download from the The Picture Gallery’s website are virus free, but does not guarantee this.

THE SERVICE IS PROVIDED BY THE PICTURE GALLERY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE PICTURE GALLERY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ACCESSIBLE, USABLE OR ERROR FREE.

You are advised to keep backup copies of all material downloaded or uploaded through the Service or emailed to The Picture Gallery. THE PICTURE GALLERY WILL NOT BE RESPONSIBLE FOR KEEPING BACKUPS OR FOR THE LOSS OF, DELETION OR CORRUPTION OF, OR DAMAGE TO ANY CONTENT, IMAGES OR ANY OTHER MATERIAL.

YOU AGREE THAT THE PICTURE GALLERY SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE FOR ANY LOSS OF REVENUE, BUSINESS, CONTRACTS, PROFIT, DATA, GOODWILL OR REPUTATION OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICE, EVEN IF THE PICTURE GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

NOTHING IN THESE TERMS SHALL APPLY TO LIMIT OR RESTRICT THE PICTURE GALLERY’S LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY ARISING FROM THE PICTURE GALLERY’S NEGLIGENCE.

NOTHING IN THESE TERMS APPLIES TO THE PICTURE GALLERY’S LIABILITY IN RESPECT OF ANY PRINTS SUPPLIED TO YOU BY THE PICTURE GALLERY.

Trademarks

All trademarks, service marks, names, and other intellectual property used in reference to the Service that identify The Picture Gallery or third parties and their products or services belong to The Picture Gallery and/or the relevant third parties. Neither the offer nor provision of the Service shall be deemed a grant to any person of any licence or right.

Copyright

The Picture Gallery and/or the relevant third parties own all copyright and database rights in the Service and its contents, unless stated otherwise. Publishing, distributing, extracting, modifying, re-utilising and reproducing any such content in any form, whether in hard or soft copy form, is strictly prohibited.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

Entire Agreement

These terms constitute the entire agreement between The Picture Gallery and you with respect to your use of the Service. The Picture Gallery’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more right or provision contained in these Terms is invalid, the remainder of the Terms shall be enforceable.

No Third Party Rights

Nothing in these Terms and Conditions shall confer on any third party any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms.