Terms and Conditions

Contact details

Laura K Smith Paintings (hereafter: LKSP)
Company number: 0758.944.628
Burgemeester Jean Herinckxlaan 6 box 4
1180 Ukkel, Belgium
+32 (0) 485 84 03 43
laura.k.smith48@gmail.com
www.lauraksmithpaintings.com

Scope of application

These Terms and Conditions apply to the use of the Laura K Smith Web Shop and Orders made through it. Please read these Terms and Conditions carefully before using the Laura K Smith Web Shop. By accessing the Laura K Smith Web Shop and/or by placing an Order, you signify your agreement to be bound by these Terms and Conditions.

Definitions and interpretation

Digital Licensed Image: a high resolution digitally-downloaded image made available for sale on the LKSP Web Shop (as defined below).

Laura K Smith Paintings or LKSP: the operating name of Laura K Smith Paintings, a small business with company number 0758.944.628 located at Burgemeester Jean Herinckxlaan 6 box 4, 1180 Ukkel, Belgium.

Laura K Smith Paintings Web Shop or LKSP Web Shop: the online marketplace operated by LKSP.

Items: the items (or any part of them) made available for sale on the LKSP Web Shop (including Digital Licensed Images) or those set out in the Order.

Order: the Order for the Items submitted by you.

Coupons: Coupons and discounts (including discounts, offers, promotions, prize draws, vouchers, competitions etc.) offered by the LKSP Web Shop to new and/or existing LKSP customers.

We, Our, Us: refers to LKSP.

The agreement

LKSP may use third party service providers to fulfil its obligations under the Agreement.

Your use of the Digital Licensed Images supplied to you via the LKSP Web Shop shall be governed by and subject to the separate LKSP Digital Licensed Image Agreement between you and LKSP Web Shop entered into when you purchase the Digital Licensed Image from the LKSP Web Shop.

Your Order is an offer to LKSP to buy the Items in your Order. When you place an Order to purchase a product from LKSP, we will send you an e-mail confirming receipt of your Order. This confirmation e-mail is acknowledgement that we have received your Order and taken payment, but does not confirm acceptance of your offer to buy the Item(s) ordered. We only accept your offer, and conclude the Agreement of sale for Items ordered by you, when we dispatch the Items to you and send an e-mail confirmation to you that we’ve dispatched the Items to you. If your Items are dispatched in more than one package, you may receive a separate confirmation e-mail for each package, and each confirmation e-mail and corresponding dispatch will conclude a separate Agreement of sale between us for the Items specified in that confirmation e-mail. Without affecting your right of return, you can cancel your Order for Items following the process set out below at no cost any time before we send the dispatch confirmation e-mail relating to that product.

It is your responsibility to ensure you are able to receive e-mails from the LKSP Web Shop. We recommend you add laura.k.smith48@gmail.com to your ‘safe sender’ list, and check that your online security software does not block e-mails from us.

Value Added Tax (VAT)

LKSP is a small company exempt from VAT. All prices are exclusive of VAT.

Modes of payment

Items purchased on the LKSP Web Shop can be finalised making use of any of the modes of payment offered to you prior to completion of the Order.

You undertake that all details you provide for the purpose of ordering or purchasing Items are correct, that the credit or debit card you are using is your own (or have authority to use it) and that there are sufficient funds to cover the cost of the Items ordered.

LKSP Image Licence Agreement

Your use of the Digital Licensed Images purchased via the LKSP Web Shop shall also be governed by and subject to the separate LKSP Digital Licensed Image Agreement between you, LKSP entered into when you purchase the Digital Licensed Image from the LKSP Web Shop.

Pricing and availability

If, due to an error specific Items are out of stock or unavailable we will endeavour to contact you to: (a) discuss an alternative; (b) offer an alternative delivery date; or (c) arrange a refund.

The price of Items available in the LKSP Web Shop may change from time to time, without prior notice. The price you pay will be the price displayed on the LKSP Web Shop at the time we receive your Order, apart from the following exceptions:

(a) While we do our best to ensure that all our prices on the LKSP Web Shop are accurate, it is possible that, occasionally, prices may be incorrectly listed. If we discover an error in the price of the Items you have ordered we will inform you as soon as possible and offer you the Items at the correct price. We are under no obligation to provide Items to you at an incorrect, lower price, even after we have acknowledged your Order. If we cannot contact you, we will treat the Order as cancelled and refund you the price paid.

(b) We list prices in euro (€) and all prices are exclusive of VAT. The prices of the Items are exclusive of the costs and charges of delivery. Delivery charges will depend on the delivery method you choose and will be clearly shown throughout the checkout process.

(c) All prices are exclusive of any other sales tax or duty that may be applicable and which will be payable in addition to the price unless otherwise stated.

Delivery terms

Depending on your location, Items can be picked up at LKSP’s place of business (see the contact details above) or be delivered to the address (for Digital Licensed Images, the email address) specified in your Order. Please be clear and precise about your address when placing your Order.

We cannot accept any liability for any loss or damage to the Items arising after they have been delivered to you.

Every effort will be made to dispatch the Items in your Order within seven (7) working days and in any event within 28 days from receipt of your Order.

Digital Licensed Images should become available within 30 minutes of receipt of payment. If your download is not available within one hour please contact us by emailing laura.k.smith48@gmail.com. Your image will be available to download for 28 days.

Returns policy

This section sets out your rights to return Items, or cancel an Order under defined circumstances.

You can buy the following three types of Items from the LKSP Web Shop:

  • Original Acrylic Paintings
  • Greeting Cards and Postcards
  • Posters
  • Digital Licensed Images.

Original Acrylic Paintings

Original Acrylic Paintings are treated as manufactured items. If you are a consumer based in the EU, you have the right to cancel your Order prior to despatch or within 14 days of receiving your Items, and you will receive a full refund.

If you wish to cancel your order please or email us at laura.k.smith48@gmail.com as soon as possible, but at the latest within 14 days of receiving your Items.

If Items have already been received, you will be responsible for returning the Items including all costs. You must return Items within 14 days of notifying us of your intent to cancel.

If you cancel your Order in accordance with these Terms and Conditions we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case we will refund the price of the Items to be returned in full (including the original postage cost of sending the Items to you).

In all cases we will only refund to the payment card used in the original purchase.

Posters, Greeting Cards and Postcards

Posters, Greeting Cards and Postcards are bespoke and customised Items. The posters are made to order according to your chosen options for size, paper type, frame type and colour. As such, these Items cannot be resold by us and do not attract the cancellation rights that typically apply to a distance contract with an EU-based consumer.

If a poster, a greeting card or a postcard is faulty or damaged when you receive it, you may be eligible for a replacement or a refund.

If you are unhappy with the quality of the printing of your product please contact us to explain why and we will arrange to replace it. We reserve the right to deduct up to 50% of the price paid for an item if it is returned and our offer of a replacement is not accepted.

Please email us at laura.k.smith48@gmail.com with the following information:

(a) your details;

(b) your Order number; and

(c) a photo of the damage to or fault with the item and packaging.

Digital Licensed Images

Digital Licensed Images are digital downloads and you acknowledge that you will not have the right to cancel your Order for a Digital Licensed Image once you click the download button.

You will be required to tick an acknowledgement message before you can download your Digital Licensed Image. This acknowledgement will be recorded as proof of acceptance of this term.

However, if a Digital Licensed Image is faulty or damaged when you receive it, you will be entitled to have it repaired or replaced for free unless it is impossible or disproportionately expensive to do so, in which case you will be entitled to a price reduction to take account of the fault or damage, which may be the full amount of the price.

You must notify of us of any fault or damage within 14 days of receipt. Please email us at laura.k.smith48@gmail.com and provide the following information:

(a) your details;

(b) your Order number; and

(c) a description of the damage to or fault with the Digital Licensed Image.

Warranty

The customer is reminded of the existence of a legal warranty as provided for in Articles 1641 to 1649 of the Belgian Civil Code, as amended from time to time, as well as the existence of a legal obligation to deliver Items in conformity with the agreement made between the seller (here: LKSP) and the customer, as provided for in Articles 1649bis to 1649octies of the Belgian Civil Code, as amended from time to time. LKSP does not offer any additional warranty, after-sale services or assistance.

Duration of the agreement

The agreement between the customer and LKSP comes to an end either upon the expiry of the said period within which the customer can exercise his/her right of return, or upon the refund of item(s) for which the customer has exercised the said right, as the case may be.

Coupons

General terms

A Coupon may only be redeemed online at the LKSP Web Shop.

Discounts and/or free items cannot be redeemed elsewhere unless expressly advertised.

A Coupon cannot be used in conjunction with any other offer, discount or promotion. Only one Coupon can be used per transaction/household.

A Coupon is redeemed by entering the code at the appropriate point in the Order process for a qualifying purchase or in the case of discounts, vouchers and/or free items, as expressly advertised.

A Coupon is not exchangeable for cash and is non-transferable and non-refundable.

We accept no responsibility for Coupons that are illegible, lost, delayed or damaged.

Coupons not submitted in accordance with these Terms and Conditions, or that are incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.

By entering a Coupon, your personal data will be held only for the purpose of administering the Coupon and contacting you in relation to it.

Period of use

A Coupon is only valid during the period identified and on the products specified in the media in which it was delivered.

We reserve the right to:

(a) cancel or withdraw any Coupon,

(b) refuse to allow any customer to participate in the Coupon,

(c) decline to accept Orders where, in our opinion the Coupon is invalid for the Order being placed,

(d) exclude any single or group of products from any general promotion; and/or

(e) amend this provision at any time (and LKSP will use reasonable endeavours to notify changes to participants).

Returns of Items or cancellation of Orders which were part of a promotion or incentive

In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute the free item for another of similar quality and value for any reason. In the case of a returned Order, any free Items must be returned at your own cost and risk, as new, at the same time in their original packaging with the product documentation, and with proof of the Coupon used. The Items must not have been used and, where applicable, must not have been removed from the sealed clear packaging.

Where the redemption of a Coupon is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Coupon).

Customer service

Support is provided by telephone (+32 (0) 485 84 03 43) and e-mail (laura.k.smith48@gmail.com) during our normal business hours of 9am to 5.30pm Monday to Friday.

Complaints policy

If you have any questions or complaints about the Items, please contact us. We aim to deal with all complaints as effectively as possible.

Your complaint should be sent by email to laura.k.smith48@gmail.com.

We aim to acknowledge any complaint made through the LKSP Web Shop by email within two working days, and to conclude our investigations as soon as possible thereafter and, in any event, within 14 days. Telephone complaints will not necessarily be acknowledged by email prior to investigation. If we are unable to resolve your complaint we shall give you an explanation of why your complaint was rejected (where applicable).

Copyright

Copyright in and to the purchased item(s), including commissioned works, remains with the author thereof and the purchase of (an) item(s) in no way implies a transfer of copyright to the customer.

Privacy and Data Protection

I shall process your data in accordance with the terms of the LKSP Web Shop Privacy Policy. This Privacy Policy is incorporated into and considered part of these Terms and Conditions. By accessing or using this website, including the LKSP Web Shop, in any way, you agree that your personal data may be collected, stored, shared, processed, and used in accordance with my Privacy Policy and these Terms and Conditions. Please view the Privacy Policy for further information.

When you visit my website, including the LKSP Web Shop, or send e-mails to me, you are communicating with me electronically. I will normally communicate with you by e-mail. For contractual purposes, you consent to receive communications from me electronically and you agree that all agreements, notices, disclosures and other communications that I provide to you electronically satisfy any legal requirement that such communications be in writing.

Customs

When ordering goods from the LKSP Web Shop for delivery overseas you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from the LKSP Web Shop you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.

Variation

LKSP reserves the right to make changes to these Terms and Conditions at any time. However, you will be subject to the Terms and Conditions and policies in force at the time that you Order Items from us, unless any change to those policies or these Terms and Conditions is required to be made by law (in which case it may apply to Orders previously placed by you).

Severance

If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.

Waiver

No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.

Third party rights

A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.

Applicable law

Any and all agreements between LKSP and a customer and any dispute or claim arising out of or in connection with any such agreements or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Belgium.

Dispute Settlement

The customer is reminded of the existence of the Online Dispute Resolution (ODR) platform and the option to use this platform for the settlement of disputes arising from e-commerce: https://ec.europa.eu/consumers/odr/.

LKSP and the customer irrevocably agree that the courts of Belgium shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the said agreements or their subject matter or formation (including non-contractual disputes or claims).

LKSP

January 2021