Terms & Conditions

The following terms and conditions apply your usage of this website  

The use of this website is subject to the following terms of use:

  1. Introduction
    1. The term “Art to Fabric” or “us” or “we” refers to the owner of the website which is Fotofabric (DHD) Limited and whose registered office is Unit 429 Birch Park, Thorp Arch Estate, Wetherby. LS23 7FG. The term “you” refers to the user or viewer of our website.
    1. If you continue to browse and or use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Art to Fabric’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
    1. We may update, change or replace any part of these terms and conditions and t is your responsibility to check our website for changes periodically and furthermore your continued use the website following any changes will constitute acceptance of those changes.
  2. Usage of Our Website
    1. You may:
      1. view pages of this website in a web browser;
      1. download pages from our website for caching in a web browser;
      1. print pages from our website;
      1. subject to the other provisions of these terms and conditions
    1. Except as expressly permitted by Section 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    1. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
    1. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    1. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      1. sell, rent or sub-license material from our website;
      1. exploit material from our website for a commercial purpose; or
      1. redistribute material from our website.
    1. We reserve the right to restrict access to areas of our website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  3. Acceptable Use
    1. You must not:
      1. use our website in any way or do anything that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      1. use our website and do anything that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      1. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      1. undertake any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      1. use any data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    1. You must ensure that any information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
    1. Your use of our website or expressly implies agreement to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
      1. yourself; and
      1. the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
  • Registration and Account
    • This Section 4 applies to buyers and prospective buyers.
    • To be eligible for an account on our website under this Section 4, you must be at least 18 years of age.
    • You may register an account with our website by:
      • completing the account registration form on our website or;
      • creating an account during the checkout process
  • Cancellation and Suspension of Account
    • We may:
      • suspend your account;
      • cancel your account; and/or
      • edit your account details,
      • at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable method.
    • You may cancel your account on our website by contacting us.
  • Passwords
    • When register for an account on our website, you will be required to choose a password.
    • You must keep your password private and confidential.
    • You must notify us in writing immediately should you become aware of any disclosure of your password and change your password immediately.
    • It is your responsibility for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  • Artwork
    • In these terms and conditions, “Your Artwork” means all works and materials (including without limitation text, graphics, images, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
    • If you choose to upload any artwork to our website, you grant to us permission to use, store and reproduce your artwork for the purpose of fulfilling your order.
    • You may edit your artwork to the extent permitted using any editing functionality made available on our website.
    • Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete or unpublish any or all of your artwork.
    • You warrant and represent that your artwork will comply with these terms and conditions.
    • You warrant and represent that you own all rights including copyright to the artwork, or have the written permission of all persons who own any rights to the artwork to use the artwork as stated in these terms.
    • If someone other than you is the owner of the artwork, or has created the artwork, you must obtain written permission from those persons before uploading to our website. By uploading the artwork to our website you confirm that you are in possession of these permissions.
    • Your artwork must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    • Your artwork, and the use of your design by us in accordance with these terms and conditions, must not:
      • be maliciously false or ibellous;
      • be indecent or obscene;
      • infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
      • infringe any right of confidence, right of privacy or right under data protection legislation;
      • constitute negligent advice or contain any negligent statement;
      • constitute an incitement to commit a crime
      • be in contempt of any court, or in breach of any court order;
      • be in breach of racial or religious hatred or discrimination legislation including, but not limited to,  on the grounds of gender or sexual orientation;
      • be in breach of official secrets legislation;
      • be in breach of any contractual obligation owed to any person(s);
      • be pornographic
      • be untrue, false, inaccurate or misleading;
    • Your artwork must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
    • You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
    • You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  • Products
    • The advertising of products on our website does not constitute a contractual offer.
    • We reserve the right periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
    • The sale and purchase of products through our website will be subject to these terms, and we will ask you to agree to the terms of that document every time you make a purchase on our website.
  • Prices
    • Our prices are quoted on our website, at the point of selecting a product and at the checkout.
    • We may from time to time change the prices quoted on our website, but this will not affect contractual transactions that have previously come into force.
    • All amounts stated in these terms and conditions or on our website are stated exclusive of VAT if applicable.
    • It may be possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
    • The price(s) of the products are entirely for that element of the transaction, and you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force at the point of sale in the checkout on our website.
  • Order Process
    • No contract will come into force between you and us unless and until we accept any order in accordance with the procedure set out in this section
    • To enter into a contract through our website to purchase products from us, you will be required to add products to your basket and complete the checkout process
    • You will have the opportunity to identify and correct any input errors prior to making your order before submitting it at checkout.
    • We reserve the right to reject any order at our own discretion without explanation always provided that we issue a full refund including any element of processing fees.
  • Payments
    • You must pay the prices of the products you order during the checkout process.
    • Payments may be made by the permitted methods specified on our website.
    • If you do not, for any reason,  pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, we may withhold the products ordered and/or at any time cancel the contract of sale for the products.
    • If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
      • an amount equal to the amount of the charge-back;
      • all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      • an administration fee of £10.00 excluding VAT; and
      • all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section.
    • Trade customers who enjoy a credit account facility with us must trade within our payment terms and this includes ensuring that all outstanding balances are cleared within their agreed times. We reserve the right to remove credit to any customer trading outside of this condition.
  • Deliveries
    • We will arrange for the products you purchase to be delivered to the delivery address you supply to us during the checkout process.
    • We will use reasonable endeavours to despatch your products within 10 working days following the date of the order confirmation; however, we do not guarantee delivery by this date.
    • We do guarantee that unless there are exceptional circumstances all deliveries of products will be despatched within 10 working days following the later of receipt of payment and the date of the order confirmation.
  • Order Cancellation
    • You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
      • beginning upon the submission of your offer; and
      • before your order production has been commenced at which time an email notification will be sent.
      • You may not withdraw an offer to contract or cancel a contract after commencement of manufacture as the goods are deemed to be of a personalised nature utilising your artwork entirely.
      • In order to withdraw an offer to contract or cancel a contract on the basis described in this section, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us by replying to the order confirmation email we send to you upon receipt of your order. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
  • Order Returns
    • We are only to accept returns on made to order items (for the avoidance of doubt all orders we accept are for personalised goods utilising your artwork solely and thus are made to order) if they are:
      • damaged or;
      • faulty or;
      • incorrectly supplied;
      • and you have notified us within 30 days of receipt by means of a clear statement including a copy of your order invoice via email or by telephone
    • We may require you to provide photographic evidence and / or to return the products to us. In such case, you will be required to do so within 30 days of receipt.
    • If we request you to return the item to us, we will arrange collection of the return or require you to pay the costs associated with the return of products on the condition that the items are:
      • damaged or;
      • faulty or;
      • incorrectly supplied;
    • We will make your refund using the same method used to make the payment, unless you have expressly agreed otherwise. You will not incur any fees as a result of the refund.
    • We will process any refund due to you because of a return on the basis described in this section within the period of 30 days after the day the order was placed.
  • Limitation of Warranties
    • We do not warrant or represent:
      • the completeness or accuracy of the information published on our website;
      • that the material on our website is up to date; or
      • that our website or any service on our website will remain available.
    • We may discontinue or alter any or all of our website services, and to cease publishing our website, at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we cease publishing our website.
    • To the maximum extent permitted by applicable law and subject to Section 22.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  • Limitations and Exclusions of Liability
    • Nothing in these terms and conditions shall:
      • limit or exclude any liability for death or personal injury resulting from negligence;
      • limit or exclude any liability for fraud or fraudulent misrepresentation;
      • limit any liabilities in any way that is not permitted under applicable law; or
      • exclude any liabilities that may not be excluded under applicable law,
      • and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
    • The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
      • are subject to Section 16.1; and
      • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    • To the extent that our website and the information and services on our website are provided free of charge, we shall not be liable for any loss or damage of any nature.
    • We shall not be liable to you in respect of any losses arising out of any event or events beyond those which are out with our reasonable control.
    • We shall not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
    • We shall not be liable to you in respect of any loss or corruption of any data, database or software.
    • We shall not be liable to you in respect of any special, indirect, or consequential loss or damage.
    • We, having an interest in limiting the personal liability of our officers and employees, require you to accept the same and that having regard to that interest, you acknowledge that we are a limited liability entity; you agree to not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  • Indemnity
    • You hereby indemnify us, and undertake to keep us indemnified, against all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
      • any breach by you of any provision of these terms and conditions; or
      • your use of our website.
  • Breaches of these Terms and Conditions
    • Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      • send you one or more formal warnings;
      • suspend (temporarily or permanently) your access to our website;
      • block any devices using your IP address from accessing our website;
      • contact any or all of your internet service providers (ISP’s) and request that they block your access to our website;
      • enter into legal action against you, whether for breach of contract or otherwise;
      • either suspend or delete your account on our website.
    • Where we suspend or prohibit or block your access to our website or a part of our website, you must make any attempt to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
  • Third Party Websites
    • Our website may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    • We have no control over third party websites and their contents, and assuch accept no responsibility for them or for any loss or damage that may arise from your use of them.
  • Trademarks
    • The names Art to Fabric & Fotofabric (DHD) Limited, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    • The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners, therefore, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  • Variation
    • We may revise these terms and conditions periodically at any time.
    • Any revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on our website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to any revised terms and conditions, you must stop using our website.
  • Assignment
    • You hereby agree that we can assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    • You are hereby prevented from,  without our prior written consent assigning, transferring, sub-contracting or otherwise dealing with any of your rights and/or obligations under these terms and conditions.
  • Severability
    • If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    • If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.
  • Third Party Rights
    • A contract under these terms and conditions is exclusively for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
    • The exercise of the parties’ rights under any contract under these terms and conditions is not subject to the consent of any third party whatsoever.
  • Entire Agreement
    • These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede any and all previous agreements between you and us in relation to your use of our website.
  • Law and Jurisdiction
    • These terms and conditions shall be governed by and construed in accordance with English law.
    • Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  • Statutory and Regulatory Disclosures
    • We will specify on our website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
    • We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    • These terms and conditions are available in the English language only.
    • We are registered in England & Wales and our registration number is 09947570.
    • Our VAT number is 230750243.
  • Our Details
    • This website is owned and operated by Fotofabric (DHD) Limited.
    • We are registered in England and Wales under registration number 8093311, and our registered office is at Unit 429 Birch Park, Thorp Arch Estate, Wetherby. LS24 9LL, United Kingdom.
    • We were registered at Companies House, Cardiff on the 1st of June 2012.
    • Our principal place of business is at Unit 429 Birch Park, Thorp Arch Estate, Wetherby. LS24 9LL, United Kingdom.
    • You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website or by email to the email address given on our website.
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