LAST UPDATED JANUARY 2022
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Helen McNicholas. Terms such as "HMA", "we", "us" and "our" refer to Helen McNicholas where they are used in these terms and conditions.
2. By purchasing something from our ecommerce store, you agree to be bound by the terms and conditions contained in this document.
4. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
5. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
6. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
7. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
8. Your order will only be accepted by us once your goods have been dispatched.
9. On completing your purchase you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
10. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
11. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
12. Where items have not been dispatched prior to a cancellation request our refund policy will apply.
13. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
14. Helen McNicholas shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
15. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
16. These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.
17. These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Helen McNicholas whether written or oral.
18. We may change these terms and conditions at any time.
19. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
20. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure.
3. We may change this policy from time to time by updating this page and so you should check it regularly to ensure that you are happy with any changes.
4. Data we collect about you; We may collect the following information about you:
i) Your Name
ii) Company Name
iii) Telephone Number
iv) Email Address
v) Any postal addresses that you provide
This information will be taken from you at the time that you make a purchase through our online store, or make contact with us through the contact us page on our online profile.
5. How we handle your data; We use this information for the following reasons:
i) Process any orders you make through our ecommerce platform
ii) To respond to your question/query
iii) Improve our products and services by looking at customer trends etc.. (ie. what products are popular)
We do not pass on any of your details to any third parties, except from any information used on your delivery packages (ie. your name and address)
6. Emails and Newsletters; we do not use the data provided to us above for any marketing activity or emails. You may sign up separately to receive our newsletter, in accordance with new GDPR regulations. If you provide an email address to enable you to receive this newsletter this information will only be used for this purpose. It will not be passed on to any third parties and you will be free to unsubscribe at any time. Our newsletter is handled by an online service which adheres to all current data protection regulations.
7. We are committed to ensuring that the data you provide is handled securely and have put in place suitable physical, electronic and managerial processes to safeguard your information. No hard copies of your information are retained after your order has been processed.
8. Cookies; Cookies are small files which are placed on your computer's hard drive. Cookies help this website to analyse traffic and visitors and help our site respond to you as an individual. We use traffic log cookies to identify which pages are being used on our site and analyse visitor behaviour through statistics.
9. Links to other websites; You may encounter a link to an external website page whilst visiting our online store or profile on this website. If the link is to a website that is operated by a third party you should know that we have no control over that website and as such cannot be responsible for the protection and privacy of your data or information you provide whilst visiting the site.
10. Controlling your information; You may request details of personal information that we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us. If you believe that any information we hold about you is incorrect or incomplete then please write to or email us as soon as possible and we will promptly correct any information found to be incorrect.
REFUNDS AND RETURNS
1. This policy sets out the returns policy for goods or services purchased through the online store operated by Helen McNicholas.
2. To be eligible for a return, your item must be unused and in the same condition that you received it, and it must be in the original packaging.
3. Some types of goods are exempt from being returned for a refund where they are perishable (e.g. food, flowers, newspapers, magazines) or where they are intimate or sanitary goods (like underwear), or where they are hazardous materials or flammable liquids or gases.
4. Other types of services cannot be returned for a refund, for example where the service begins as soon as you make the payment (e.g. a downloadable software product) or a gift card or gift wrapping service.
5. Under the Consumer Protection (Distance Selling) Regulations 2000, if you change your mind about a purchase you have made within 7 working days after the date of delivery you are entitled to a full refund of the original purchase price for the goods or services you wish to return, and the original postage and packaging charges made. You will not be entitled to a refund of the cost you incur in returning the item to us. Please note: This does not apply to custom orders (personalised or bespoke products)
6. Our standard returns policy entitles you to a full refund of the purchase price and original postage and packaging charges if you change your mind (i.e. the goods or services provided are not faulty or were not described properly) within 7 working days. Please note: This does not apply to custom orders (personalised or bespoke products). You will be responsible for paying the cost of returning the product to us.
7. If the item you purchased was faulty or did not work properly, or you think the item was not as described in the item description, please contact us first before requesting a refund as we may be able to resolve your problem to your satisfaction. In accordance with the Consumer Rights Act, you have 30 days after purchase to report any problems to be within your rights to request a refund.
8. Where you would like to return a physical product you have purchased, please contact us to let us know that you will be returning the item. To obtain a refund for a non-physical product (like a service) please contact us for further information about how this can be done.
9. Once your return is received and inspected we'll contact you to let you know whether your refund will be processed or not, and credit your original method of payment, within a certain amount of days.
10. If you haven't received a refund yet where we have told you we have issued one, please check your bank account or card statement to make sure it hasn't been received and then contact your bank as some banks or card companies take a number of days to credit your account.
11. If an item you purchased was purchased with a discount voucher, then we will only refund the amount that you paid (and not the amount the item was listed for).
12. If an item you purchased was in a sale then it may not be eligible for a refund if you have changed your mind. If you are in any doubt please contact us before making the purchase.
This Site contains intellectual property owned by HMA. HMA reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of HMA.
LAWFUL PURPOSE ONLY
DESCRIPTION OF SITE OFFERINGS
HMA endeavors to describe and display the content and products shown on the Site as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time HMA may correct errors in pricing and descriptions. HMA reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.
HMA invites comments to blog posts on the site. While lively and vigorous commentary is welcomed, disrespectful, libelous, or false commentary is not. HMA reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Site, by posting material on the Site, you grant HMA a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Site and related publications.
Your use of the site and service is at your sole risk. The site is provided on an “AS IS” and “AS AVAILABLE” basis. The site and services and products within it are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HMA, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
OUR TRADING ADDRESS
Helen McNicholas Art
9 Knight Road
Email: [email protected]