Terms and conditions
General
This page tells you the terms and conditions on which we supply any of the products (‘Products’) listed on our website www.elensworld.com or any of the other sites through which we supply Products or services. By ordering any of our Products and services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
About us
Elen’s World, is a sole trader registered in Hove, England.
Making a contract with us
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. An email confirming your order and successful payment constitutes a contract between us.
Availability and deliverability
Your order will be fulfilled withing 2 weeks of the date of the Order Confirmation, unless there are exceptional circumstances.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of the Products includes delivery charges within the UK. For non-U.K orders there may be added duties/ import costs upon your order collection, the amount will vary depending on your country and delivery times vary between 5-10 working days.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
Payment for all Products must be by credit/debit card or other method as available on our web site. We accept payment by Mastercard, Visa, American Express, Maestro, Visa Electron and Visa Delta. You will be charged at the time of placing the order and payment confirmation and an email Confirming your order forms a contract between us.
Returns
Unfortunately since all the orders are printed on demand, once you place the order, submit the payment and receive an order confirmation from use, the instruction to the printers is gone automatically, it is not possible to stop the process, and no refunds or returns are possible.
Damage / non-delivery
In the case of claims of an order damaged in transit, please contact elen@elensworld.com and I will liaise with my printers directly.
This claim will need to be made within 24 hours of receiving the goods. It is the responsibility of the customer to verify the damage (photograph of the damage) and notify me at your earliest convenience. All accepted claims will be handled with the highest priority and re-shipped. For notification of damage outside 24-hour requirement, our printer may charge for a replacement in full.
Corrections
Descriptions of goods and services included in the Elen’s World are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images, mounts and frames may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly between production batches. For this reason, we strongly recommend that you wait to receive your unframed prints before committing to third-party frames. If you need to know the precise dimensions of a product, please contact us.
Quality
For standard sizes(A3,2,1,0), all Elen’s World work is giclée printed in a Hahnemühle Certified Print Studio, resulting in beautifully archival prints.
All prints are printed with a white border and the border thickness is proportional to the size you have chosen. (A3 – 20mm, A2 – 30mm, A1 40mm and A0 – 50mm)
The paper is Photo Rag 308gsm, a matt off white paper with a slightly textured surface and matt finish.
All prints are relief embossed with a discreet Elen’s World seal to ensure authenticity.
Some photographs have a hazy blurred feel and texture, which is a part of the work’s look and these imperfections are intentional and to be regarded part of the charm.
Copyright
The images and designs used on the Elen’s World website are the property of Elen’s World. All copyright, trademarks and other intellectual property rights in and relating to Elen’s World are vested in Elen’s World or our partners where appropriate. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Our liability
Subject to ‘Negligence etc’, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
Subject to ‘Negligence etc’, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause.
Negligence etc.
Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Import Tax and Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Orders shipping to EU destinations will be sent on ‘Delivery Duty Paid (DDP)’ basis. Normally there should normally be no additional fees to pay on receipt, but local differences may apply.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Notices
All notices given by you to us must be given to Elen’s World at elen@elensworld.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events outside of our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Notices’ above.
Entire agreement
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to this agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
Severability
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Misuse of our site
Elen’s World reserves the right to suspend or terminate any members account or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.
Applicable law
Elen’s World is a Sole Trader registered in England, and every sale shall be deemed to be performed in England. English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.
