FeelCreative Art Ltd trading as Sarah Berry Creative
- This website is operated by Sarah Berry Creative (“we” or “us”)
- All services provided by this website may only be used in accordance with the terms and conditions provided below. By using Sarah Berry Creative’s services you agree to be bound by our terms & conditions.
- The placing of an order with Sarah Berry Creative creates a contract on the basis of the terms and conditions.
- We may change, modify or revise these terms and conditions at any time by amending this page. The changes made will come into effect as soon as they are posted on our website and your use of our website (or of any services provided through our website) will be subject to the amended terms. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you.
Payments & Prices
- Payment is accepted using PayPal and Shopify payments.
- We do not store credit card details nor do we share customer details with any 3rd parties.
- All prices listed are current at the time of purchase, inclusive of VAT at the rate applicable at the time of purchase. We reserve rights to modify prices without notice but with no effect to existing orders.
- You may upload digital images to our website or you can send the images to us by email for uploading to our website. In either event, images uploaded to our websites must be digital images in .JPG, .PNG, PSD, PDF or TIFF file format. Images submitted in formats not specified by the upload procedure, may not be accepted.
- As detailed below, Sarah Berry Creative accepts no responsibility for the copyright or licensing issues of files submitted to be printed. It is the user’s sole responsibility to ensure he/she has permission to use/disseminate/reproduce the image or file uploaded for transformation into a print and it is copyright free or the copyright is owned by the user.
- Users are not permitted to remove any copyright, trademark or any other intellectual property notices contained within the original material or from any material copied or printed from the website.
- Users are expressly forbidden to copy (by printing, storing, or disseminating in any way), alter or tamper in any way, or otherwise use any materials contained in this website except as set within these terms and conditions.
- Users are not permitted to request that Sarah Berry Creative print images containing or relating to the following:
- Material which is defamatory of any person;
- Material which is pornographic, obscene, indecent or offensive;
- Material which promotes discrimination based on race, sex, religion, nationality, disability, or age;
- Material that is likely to incite hatred or violence against any person or group;
- Material which concerns or relates to any criminal act;
- Material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
- Material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- Material that breaches any applicable laws or legislation.
- Although we prohibit the uploading of certain types of image to our website, we cannot control, nor do we monitor the use of our website. It is possible that images or other material may appear on our website which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material. If you become aware of any such images or material on our website please contact us without delay.
- We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our websites including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
- We may without notice, and at our sole discretion, delete or remove any image that has been uploaded, emailed or submitted for printing which is in breach of these terms.
Copyrights & Indemnifications
- You may not upload, email to us, request us to print, or otherwise deal in relation to our website, with any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right. By using our website, you are representing that you have full rights to use the copy, design and images in your artwork without infringing the intellectual property rights of any third party.
- You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
- Any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights; or
- Any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights.
- Users acknowledge that breach of copyright in the course of trade and business is both a civil wrong and a criminal offence under the terms of Copyright, Designs, and Patents Act 1988.
- You retain all intellectual property rights, including copyright, in those images that you have uploaded to our websites or emailed to us where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our websites.
- We may delete, remove or refuse to display any material from your photo album at our sole discretion.
- We may display, modify, print, transmit or distribute any of the images that you upload or email to us, in order to provide any of the services offered by us through our website subject to these terms.
- It is a condition of allowing you to use our website and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our website and to allow us to process and otherwise deal with those images in accordance with these terms.
- We may change the format and content of our website, including any products or services offered therein, at any time.
- We may terminate or suspend the operation of our website or terminate or suspend provision of any products or services offered through our website, for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
- You are advised to keep back ups of all material provided to us, in particular, backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of images or any other material uploaded onto our website.
- Sarah Berry Creative will operate with reasonable care in the handling and processing of all materials and data belonging to any user.
- It is the responsibility of the user to insure any original materials or data held within Sarah Berry Creative and its related systems for the purposes of the order whilst in transit. We therefore shall not be liable for any losses, damages, or other indirect losses, howsoever arising. Use of this website by the user constitutes acceptance of such.
- In regards to delivery, it is the sole responsibility of the users to provide independent insurance cover for possible loss or damages incurred in delivery if they wish to do so.
- Unless otherwise agreed by us specifically in writing, any time or date specified for the completion of an order and its delivery is an estimate only, and whilst every reasonable effort will be taken to achieve a quality of service, we will not be held responsible for any damages or losses, direct or indirect, resulting from delays in completion of an order.
Personal data supplied to
Once you have placed an order for any products or services through our website, the order will not be treated as having been accepted until you receive confirmation from us that this is the case.
- This confirmation may be provided by email or post.
- The decision as to whether to accept any order from you is at our sole discretion.
- In the event that printed items are produced, and, prior to dispatch, are then discovered to be in breach of these terms, we will not dispatch the printed items to you or to any guest who ordered the printed items. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the printed items had been dispatched.
- To maintain continuity of service, we reserve the right to use alternative photographic paper to those stated on our website, in the production of printed items.
- We use reasonable endeavor to reply promptly to all correspondence. Such reply may be by email or by post.
Delivery will be provided by specialist couriers who will require for someone to be present to sign and collect the artwork. It is the sole responsibility of the customer to ensure that someone is available to take delivery and we cannot be held responsible for any late, lost or unforeseeable event caused by a delivery date not being met. You shall be deemed to have accepted the goods after receiving delivery. Therefore, It is your responsibility to check the delivery before signing for it and we cannot refund any damaged deliveries that have not been logged by the courier firm at the point of delivery. We shall not be held responsible for any damage to, discrepancies in or shortages of delivered materials unless notified by the client within 48 hours of receipt. Any claims for damages must be supported by the return of the damaged article which we will arrange the collection of. No actions will be taken by us without receipt of the damaged item.
We may terminate your order without notice at our sole discretion. Once your order is terminated, your images will be removed from our systems. We will refund any monies due in such a circumstance.
Please note we will not accept returns without prior agreement and will only accept returns due to damaged goods logged upon receipt and informed to the couriers. When you return a product to us we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the product in full, excluding postage costs. However, you will be responsible for the cost of returning the item to us.
We usually refund any money received from you using the method originally used by you to pay for your purchase.
What does not qualify for quality based refund/replacement:
- Colour variation between your monitor and product.
- Low quality prints (pixelation) – this is based on your provided artwork and its quality (resolution).
- No liability can be accepted by us for grammar or spelling errors or other errors or omissions on artwork approved to print by the customer.
FeelCreative Art Ltd – Company Number 9864329. Registered in England & Wales. Registered Address – 31 Wilmslow Road, Cheadle, Cheshire, SK8 1DR. Telephone – 0161 821 0101. Email – [email protected]
Laws & Jurisdiction
These terms, and the provision of goods and services by us, are governed by and are to be interpreted in accordance with English law. In the event of any dispute arising in relation to these terms or in relation to the provision of any goods and services by us, the English courts will have exclusive jurisdiction over such dispute.