1. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

2. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

3. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

4. You may not permit, create unauthorised framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

5. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

6. Subject to the licence granted to you to use the Site, Pop Up Portraits Limited reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Pop Up Portraits Limited and its affiliates’ trademarks, trade and business names and service marks under this Agreement will vest in Pop Up Portraits Limited and its affiliates, as appropriate.

7. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Pop Up Portraits Limited tracks the electronic ‘fingerprints’ of every order placed on popuportraits.studio to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

8. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:

   1. you fail to make any payment to us when due;

   2. you breach the terms of this Agreement (repeatedly or otherwise);

   3. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

   4. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

9. Pop Up Portraits Limited may amend these Terms from time to time, and place the new version on the Site. When Pop Up Portraits Limited does so, it will mention the fact on our home page. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms; otherwise such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Pop Up Portraits Limited posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

10. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Pop Up Portraits Limited and you relating to your purchase. Pop Up Portraits Limited advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Pop Up Portraits Limited. We will store a copy of the contract entered into by you with Pop Up Portraits Limited. You are advised to read (and are responsible for reading) fully all information on this website.

11. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

12. These Terms are subject to the laws and exclusive jurisdiction of England.

General

1. The owner of this website is Pop Up Portraits Limited, whose address is 55 Lower Lane, Chinley, High Peak SK23 6DB. Registration number 13234572.

2. Your contract for purchases made through the Site is with Pop Up Portraits Limited, and you undertake that any and all goods ordered by you are for your own private and domestic use only.

3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.

4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

5. No contract for the sale of any product will subsist between you and Pop Up Portraits Limited until Pop Up Portraits Limited dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation email amounts to an acceptance by Pop Up Portraits Limited of your offer to buy goods from Pop Up Portraits Limited or a third party supplier that is engaged on your behalf by Pop Up Portraits Limited (whether or not you receive that e-mail).

6. You agree that email can be used as a long-distance means of communication.

7. This confirmatory email will contain all relevant statutory information concerning your contract. The confirmatory email will also contain a link to these terms and conditions, and may be amended in accordance from time to time.

8. You must check that the details on this confirmatory email are correct as soon as possible and you should print out and keep a copy of it.

9. Pop Up Portraits Limited will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy Please view this document below for further information.

10. You undertake that all details you provide to Pop Up Portraits Limited for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

11. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

12. If there are any changes to the details supplied by you it is your responsibility to inform Pop Up Portraits Limited as soon as possible.

13. All purchases are non-exchangeable, non-refundable and non-transferable.

14. You may cancel your order by contacting our offices at hello@popupportraits.studio, our office working hours are Monday to Friday 9am to 5pm.

15. Once Pop Up Portraits Limited receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Pop Up Portraits Limited from your credit card in relation to your order will be re-credited to that credit card account as soon as possible, and in any event within 30 days of your order, provided that the goods you wish to return are received by Pop Up Portraits Limited in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to us.

16. Pop Up Portraits Limited reserves the right to refuse any returns that are considered to be not in mint condition. Your statutory rights are not affected.

17. This section applies only to the extent permitted by law. For the avoidance of doubt, Pop Up Portraits Limited does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Pop Up Portraits Limited negligence or wilful default, or that of Pop Up Portraits Limited employees, agents or subcontractors or (b) fraudulent misrepresentation.

18. Pop Up Portraits Limited does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, prices, specifications and descriptions of listed goods, products and services.

19. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price; if the item(s) has been charged and not dispatched we will cancel and refund your order.

20. Pop Up Portraits Limited will do its best to correct errors and omissions as quickly as practicable after being notified of them.

21. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Pop Up Portraits Limited shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Pop Up Portraits Limited of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

22. You and Pop Up Portraits Limited will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

23. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Pop Up Portraits Limited does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Pop Up Portraits Limited.

Processing Orders

1. Credit and Debit cards are debited on the day purchase by Pop Up Portraits Limited. All prices include sales taxes (where applicable) unless otherwise stated.

2. Every purchase you make shall be deemed performed in England. The law in England shall govern every aspect of contractual agreement concerning purchases made from the Site.

3. Pop Up Portraits Limited aims to arrange shipment of all ‘in stock’ items within 10 days of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable, and the current stock status is approximate. Pop Up Portraits Limited is not able to supply dates our suppliers may get an item in stock.

4. We do not offer digital downloads of class or group photographs in line with our Child Protection policy.

Delivery Risk

1. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.

2. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

3. For Christmas Deliveries, we recommend that you order by the 6th December. We will endeavour to dispatch all ‘in stock’ orders within 72 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

Notice regarding archiving of photos and email notifications

Archiving your photos to allow new orders is part of our service and thus, it is a contractual part of creating a customer account.

In addition, sending reminders / notifications via email (for example, information about the provision of photos or their deletion) is part of our service and therefore no separate consent request is needed.

Since sending emails is currently being heavily discussed in the media, we have decided to seek additional consent for new customer accounts. Please write us an email or click the unsubscribe link within an email notification if you do not want to receive any further messages from us.

Our full privacy policy can be found here.