Access to and use of this site www.myfirstpainting.com is provided subject to the following conditions:

1. By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site. If you do not agree to be legally bound by all the following terms please do not access and/or use www.myfirstpainting.com.
2. My First Painting Ltd may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by My First Painting Ltd. Your continued use of www.myfirstpainting.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Ownership of the site

1.    This site is owned and operated by My First Painting Ltd herein referred to as 'My First Painting Ltd', 'we,' 'us' and 'our'. All content included on our site, such as prints, photographs, illustrations, images, text (referred to as 'Content') is owned by My First Painting Ltd or our content providers. All Content is protected by English and International copyright laws. For the protection of My First Painting Ltd and our content providers, images may be watermarked. My First Painting is a trading name for My First Painting Ltd.

Use of content

2.    You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content except for your own personal, non-commercial use. Any other use of www.myfirstpaining.com content requires the prior written permission of My First Painting Ltd or relevant copyright owners.

3.    Images of people or places displayed on this site are either the property of My First Painting Ltd, or used with permission of the copyright owner. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate Copyright Laws, Trademark Laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimers

4.    Our site and its contents are provided to you on an 'as is' basis.

5.    Although we make our reasonable best efforts to ensure the accuracy of the Content on our site, we make no representations or warranties as to the accuracy, correctness, or reliability of the Content.

5.1    There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this web site or its contents, which have escaped our attention. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. By using this site you acknowledge that its use is at your own risk.

5.2    Our site and its contents have been designed and validated according to current web programming standards (HTML 4.01 with CSS and Javascript), and will render correctly with all major browsers. To view of all the features and for all functions to work properly, it is necessary that images and Javascript are enabled. Browsers which do not support the full range of current standards may fail to display all aspects correctly, eg. Safari does not recognise styling of forms elements, and are therefore not recommended for use with our site.

5.3    For your convenience, our Web site may link to other Web sites that may be of interest to you but which are not under our control. These links do not imply an endorsement by My First Painting Ltd and we are not responsible for the availability of, or the content contained in, any linked site.

Limitation of liability

6.    If any of our products are delivered damaged or defective then we shall not have any liability to you, unless you notify us in writing by e-mail of the problem within 7 working days of the delivery of the products. This does not affect your rights of cancellation as below.

7.    If you do not receive the products ordered by you within 20 days of the date on which you ordered the same, we shall have no liability to you unless you notify us in writing by e-mail of the situation within 7 days of the date on which you ordered the products. If so notified, our only obligation will be to refund to you the amount paid by you for the products.

8.    My First Painting Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any such occurrence and My First Painting Ltd shall have no liability to pay any money to you by way of compensation other than to refund to you the Price paid where you are so entitled.

9.    You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the products from the Site. The importation or exportation of certain of the products to you may be prohibited by certain National laws. No representations are made by My First Painting Ltd as to this and no liability is accepted in respect of the export or import of the products You purchase.

10.    Notwithstanding the above, nothing in these Terms is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our or the supplier's negligence.

Pictures sent to myfirstpainting.com

11.    It is solely and without exception the responsibility of the person sending pictures to the site to ensure that they have the permission of the copyright owner to use the image.

12.    By sending your picture to myfirstpainting.com you warrant that:

12.1    it is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to My First Painting Ltd for all the purposes specified above;

12.2    it does not infringe any law; and

12.3    you indemnify My First Painting Ltd against all legal fees, damages and other expenses that may be incurred by My First Painting Ltd as a result of your breach of the above warranty; and

12.4    you waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.

Cancellation / Refund Policy

13.    Under the UK's Distance Selling Regulations, if you have received goods and have simply changed your mind about purchasing them, you may return goods for credit subject to the following conditions:
  - You inform us within seven working days of receipt of the goods
  - You pay the return delivery charges
  - Goods are returned in a re-saleable condition and in their original packaging
  - Goods are not "bespoke myfirstpainting items" (see below for details):

Subject to the clause above, you may cancel your contract with us for the "standard" products you order at any time up to the end of the seventh working day from the date you receive the products. You do not need to give us any reason for cancelling the contract.

14.    To cancel your contract you must notify us in writing. You should use the e-mail contact address set out in the Order Form.

15.    My First Painting Ltd will refund your payment for the Price for the products after deducting the costs of postage, packaging and shipping provided:

15.1    Notice of cancellation has been properly received.

15.2    The products are re-despatched by you to us at your cost by means of secure packaging within 7 days of delivery.

15.3    If the products are damaged, you are required to particularise that damage comprehensively, in order that My First Painting Ltd can properly assess that damage. Failure to do so may result in a refund being refused.

16.    In the event of cancellation by you and if you do not return the products delivered to you then we shall be entitled to deduct the direct costs of recovering the products from the amount due to be re-credited to you.

Payment

17.    All prices are inclusive of VAT (where applicable). Shipping, postage, packaging and transit insurance can be charged as an extra, at the supplier's discretion and are correct at the time of entering the information onto our database. The total cost of your order is the price of products ordered plus delivery charges as stated upon the website and detailed on the order form. Further, an additional charge for special delivery may be payable as notified on the site.

18.    For all orders received for shipment beyond the boundaries of the European Union; any applicable duties for the import of products into chosen countries from the UK are the responsibility of you, the ordering customer.

19.    Payment can be made by any of the methods specified in the payment section of this website. By placing an order, you confirm that the credit or debit card that is being used is your own, or is being used with full authorisation of the card holder.

20.    All credit and debit card holders will be subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us we will not be able to process your order, nor will we be liable for any delay or non-delivery of product(s) as a result.

21.    Once the credit card payment has been processed and payment in full for the price received, then My First Painting Ltd will send to you by e-mail confirmation of your order by way of acceptance to the e-mail address you have provided for on your order form.

22.    All payments must be made in pounds sterling.

Refusal of Transaction

23.    We reserve the right to withdraw any products from this website at any time. We may refuse to process any transaction for any reason or refuse service to you at our sole discretion.

24.    To be eligible to purchase products on this website and lawfully enter into contracts under English law you must:

24.1    Register by providing your real name, phone number, e-mail address, invoice and delivery address and payment information.

24.2    Be 18 or over years of age

24.3    Possess a valid credit or debit card

24.4    Waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above

25.    By making an offer to buy products, you specifically authorise us to transmit information or to obtain information about you from certain third parties specific to financial authorisation including but not limited to your debit or credit card number and credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Delivery

26.    The supplier will deliver the products ordered by you to the address you give on the Order Form for delivery.

27.    Delivery will be made as soon as possible after your order is accepted and in any event within 20 days of your order.

28.    You will become the owner of the products you have ordered when they have been delivered to you. Once the products have been delivered to you, you will be responsible for insurance as they will be held at your risk and we will not be liable for any loss or destruction.

Availability

29.    We reserve the right to cancel the contract between us if the products are no longer available for sale by the supplier.

30.    If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible, but in any event within 7 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Colour Accuracy

31.    We have made every effort to display as accurately as possible the colours of the Products that appear on the Site. However, as the actual colours you see will depend upon your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Your canvas print will be made to order so please ensure you select the photo that you want to print carefully and be aware that some loss of definition and colour/brightness variation may occur in the printing process.

NOTICES

32.    Unless otherwise expressly stated in these Terms or agreed, all notices from you to us must be in writing and send by e-mail to us at info@myfirstpainting.com and all notices from us to you will be displayed on the Web Site from time to time.

EVENTS BEYOND OUR CONTROL

33.    We shall have no liability to you for any failure to deliver the products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, a breakdown of systems or network access, flood, fire, explosion or accident.

INVALIDITY

34.    If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) then enforceability of any other part of these conditions will not be affected.

PRIVACY AND LEGAL NOTICE

35.    You acknowledge and agree to be bound by the Terms of our Data Protection & Privacy Policy and the Legal Notice.

THIRD PARTY RIGHTS

36.    Except for the supplier, our directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

GOVERNING LAW

37.    The Contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have non-exclusive jurisdiction to resolve any disputes between us.

ENTIRE AGREEMENT

37.    These terms and conditions, together with our current Web Site Prices, delivery details, contact details, Legal Notice and Data Protection & Privacy Policy, set out the whole of our agreement relating to the supply of the products to you by My First Painting Ltd. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.