Terms and Conditions of Helen Parry Watercolour Artist

Website Terms of Use

Welcome to my website. If you continue to browse and 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 Helen Parry’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.

The term Helen Parry or Helen Parry Artist or Helen Parry Watercolour Artist or ‘us’ or ‘we’ refers to the owner of the website whose registered office is The Cross, High Grosvenor, Bridgnorth, Shropshire.WV15 5PN The term ‘you’ refers to the user or viewer of our website.

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

▪ The content of the pages of this website is for your general information and use only. It is subject to change without notice.

▪ This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us. We DO NOT disclose this information to any by third parties.

▪ Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

▪ Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

▪ This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

▪ All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

▪ Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

▪ You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our prior written consent.

▪ From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

▪ Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

All content of http://www.helenparry.co.uk is the sole copyright of ©Helen Parry

PRIVACY POLICY

1 WHO ARE WE?

1.1 We are Helen Parry Watercolour Artist. Our contact details are in the “contact us” section on our site. Please get in touch if you have any questions or feedback about this policy.

2. WHAT IS THE POINT OF THIS POLICY?

2.1 The idea is that we tell you how we deal your “personal data”. (This is the technical term for information about any identified or identifiable living person). Please read on to find out what kinds personal data we collect, how we use and protect it, to whom we disclose it and how you can access and rectify it.

2.2 We want you to feel comfortable with what we do. If you do use our site, we’ll assume that you do accept the policy.

3. MIGHT THE POLICY CHANGE?

3.1 It may well do and so you should check it whenever you visit our site. We’ll assume you agree to the revised policy if you use the site after the effective date shown at the top of the policy.

4. WHAT PERSONAL OR OTHER DATA DO WE COLLECT?

4.1 We may collect and store any information which you give us via any forms on our site – such as your name, address, email address, phone number and so on – or when communicating with us by email or in some other way.

4.2 We may receive and store certain information automatically when you interact with us. Examples include the internet protocol (IP) address used to connect your computer to the internet and connection information such as browser type and version.

5. USE OF COOKIES

5.1 We use cookies. As you may know, a cookie is a small file of letters and numbers which usually includes an anonymised unique identifier. If you visit a website, its computer asks your computer for permission to store the file in the cookies section of your hard drive. Cookies are widely used to make websites work, or work more efficiently, as well as to provide information to the site owner or others. Session cookies are temporary cookies that remain in the cookie file of your browser until you leave the site. Persistent cookies stay in the cookie file of your browser for longer (though how long will depend on the lifetime of the specific cookie). For further information on cookies, including how to use your browser to block them, visit the helpful cookie information page on the website of the Information Commissioner

5.2 We use non-essential persistent cookies (up to 2 years) set by Google to recognize and count the number of visitors to our site as well as providing other information about the visit such as duration, route through the site and what sites the visitor came from. This information helps us to improve the way our site works, for example by making sure users find what they need easily. Google requires us to tell you the following: “This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above”. Click here for information about Google Analytics cookies.

5.3 By continuing to use our site you are deemed to consent to use of the cookies mentioned above and to use of a persistent cookie (30 days) to remember your preference and avoid showing you our cookie notice repeatedly.

6. HOW DO WE USE YOUR PERSONAL DATA?

6.1 If you have agreed on our site, we may use your personal data to send you emails (or other communications) comprising newsletters or details of our services which may be of interest to you.

6.2 We may use IP addresses or personal data to recognize you when you visit or return to our site so we can track anonymised traffic and usage patterns or to help us improve our site.

7. HOW DO WE PROTECT PERSONAL DATA?

7.1 Security is a high priority. We take appropriate precautions to protect personal data from loss, misuse, unauthorised access or disclosure, alteration or destruction using the same safeguards as we use for our own proprietary information.

7.2 Don’t forget that email and other electronic communications are not secure if they haven’t been encrypted. Your communications may pass through servers in a number of countries before they reach us. So we don’t accept responsibility for any unauthorised access to or loss of personal data that stems from a cause beyond our control. Nor can we be held responsible for the actions or omissions of other users or third parties who may misuse your personal data which they collect from the site.

8. TO WHOM DO WE DISCLOSE PERSONAL DATA?

8.1 We don’t provide your personal data to third parties.

9.HOW CAN YOU ACCESS AND RECTIFY PERSONAL DATA?

9.1 You can access and rectify your personal data by contacting us via the “contact us” page on our website. We may charge an administration fee in line with data protection laws.

9.2 For information about your rights under UK data protection laws, see the website of the UK Information Commissioner.

Terms and Conditions for the purchase of Originals & Prints & Returns

Terms & Conditions for the purchase of goods and services from the my-shop section of this website

ABOUT US
helenparry.co.uk is a website owned by Helen Parry, registered address is The Cross, High Grosvenor, Bridgnorth Shropshire WV15 5PN

PAYMENT METHODS
Payment can be made by MasterCard, Visa, Switch, Solo and Delta and other such cards as may be stated on our website via the PayPal payment system. Payment is deducted when we process your order. If your payment cannot be authorised for any reason we will tell you. Full title to the goods purchased will only pass to you once full payment has been received by us.

PRICES
Prices on the website are not subject to VAT.. We reserve the right to alter prices at any time. It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT should we decide to become VAT registered. Any changes will be confirmed to you at the time of ordering.

RECEIPT OF ORDER CONFIRMATION
Once you have placed an order with us you will receive a receipt confirmation email. This should be kept in a safe place as we may ask you for information from it in any correspondence. If you do not receive this email please contact artist(at)heleparry.co.uk and we will investigate and confirm that your order has been placed successfully.

AVAILABILITY OF GOODS
All items are subject to availability. We will inform you as soon as possible if goods you have ordered are not available. Due to the nature of our stock we cannot guarantee we will have all the items shown on our website all of the time.

DELIVERY POLICY
We will always try to dispatch your goods within 5-days of you placing the order but in any case you should receive your goods in 5-14 working days. If there is any delay we will get in touch with you by telephone or email to let you know.

We deliver online orders to anywhere in the UK and to most countries worldwide. Smaller items will be sent by Royal Mail with a proof of posting. Larger items will be sent via a reputable courier company. Delivery costs will be advised before payment when you checkout. Costs for larger items and for deliveries to the Scottish Highlands, Isle of Man, Channel Islands, Northern Ireland and overseas destinations will be advised by email or phone call.

In all cases a signature to acknowledge receipt of the goods is required and please let us know if there is a more suitable day for delivery by contacting artist(at)helenparry.co.uk.

If circumstances beyond our control delay the arrival of your order we will keep you informed by telephone or email.

ITEMS SHIPPED IN A POSTAL TUBE
I highly recommend that you leave the un-rolling of the print to a professional Fine Art Trade Guild – Commended Framer (FATG), there’s a real chance you MAY damage the print by bruising or creasing the paper. Helen Parry Watercolour Artist, accepts no liability for any damage caused in the un-rolling of the print.

IMPORT TAX (DUTY)
The recipient is wholly responsible for the payment of any import duty and taxes, and it is their responsibility to find out if these will apply to the goods within their order. Any returned shipments refused at entry will have the full cost of shipping deducted from any refund.

RETURNS POLICY
Under the Consumer Contracts (Distance Selling) Regulations 2000, you are entitled to cancel your contract by giving us notice before you receive the goods or within 7 working days of receipt of the goods. If you wish to exercise this right prior to dispatch of goods please email artist(at)helenparry.co.uk.

If you are unhappy with the goods for any reason, just send them back to us (unused and undamaged with the original packaging) within 14-days and we’ll refund or replace them.

Postage, packing and insurance incurred in the delivery of the goods to you are direct costs and cannot be refunded except where an item is faulty or the delivered order is incorrect.

Refunds will be made via the same method of payment used to purchase the goods once we receive the goods back from you at our premises.

All returns and exchanges must be received by us in a fully resellable condition, in the original packing materials or professionally packaged, and shipped fully insured. If the returned item has incurred damage that is not the responsibility of the courier, the cost of restoring the item to a sellable condition,  will be deducted from the amount to be refunded or credited.

You will be responsible for all returned goods until they reach our premises. We strongly advise that you obtain a proof of postage certificate and insurance or other means of verifying carriage to our premises when returning any part of you order.

Please note your right to return goods does not apply on personalised items, special orders or gift vouchers all of which can only be returned or exchanged if faulty.

None of the above will affect your statutory rights.

Returns process
To make sending things back as convenient as possible, we have designed our returns procedure to be quick and easy:

  • Step 1 – Notification

to initiate the returns process, you need to email us within 7-days of receipt of goods stating the order number and reason for return to artist(at)helenparry.co.uk, quoting your order number and stipulating the reason for the return.

  • Step 2 – Returning the goods

as soon as we receive your Returns Email or notification, we will provide you with detailed instructions on how to return your order.
Please make sure you take out adequate insurance to cover your return package. We require the goods to be returned in the full original packaging and packed securely.
Once we receive your returned order, we will replace or refund as required.
Refunds are normally processed within 7 days although please allow up to 28 days

COLOUR AND DIMENSIONS
While every effort has been made to show items accurately on our website, slight variations may occur.
Please note there may be variations in colours dependant on the calibration and settings of individual computer screens.
All measurements quoted are approximate.

COPYRIGHT
The Artist shall retain the copyright in the Painting and the Commissioner can only reproduce the Painting for the specific and limited purpose of advertising its re-sale. Should the Commissioner wish to buy the copyright from the Artist, the price should be increased accordingly.

▪ The Artist shall retain the right to photograph the original artwork for publicity or reproduction purposes. However, out of respect for your privacy I do not use children or family names when titling or describing my artwork unless specific permission has been granted.

▪ The Artist shall retain the right to exhibit all original artwork either before sale is complete or in a retrospective of my work for a maximum of 60 days within any five year period.

COPYRIGHT OF THIS WEBSITE
All rights, including copyright, for this website are owned by or licensed to Helen Parry
Any use of this website, its images or content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Helen Parry.

LIABILITY DISCLAIMER
Helen Parry’s total liability for any claim shall not exceed the price of the goods supplied by Helen Parry to the customer. Helen Parry shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon Helen Parry by statute. Helen Parry cannot accept any liability for a failure to comply with instructions specifically stated on the Website. Helen Parry does not limit in any way our liability for death or personal injury caused by our negligence or willful misconduct.

Helen Parry endeavors to check the accuracy of the information on this site. However, Helen Parry does not warrant that such information will be error free and the user acknowledges that information, products and services published on this web site may include inaccuracies and typographical errors. If the goods do not, on receipt by you, substantially meet the description on this web site you are entitled to reject the goods and return them to us.

Every effort is made to ensure that this website is free from viruses and defects however, this cannot be guaranteed. Helen Parry shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.

JURISDICTION
The contents of this website and any contract resulting from it’s use are governed by and construed in accordance with English Law.

ANY OTHER QUESTIONS?
If you have any questions please email artist(at)helenparryco.uk

 

Terms and Conditions for the Commissioning of a Watercolour Portrait

SAMPLE AGREEMENT

Commission Agreement Dated:

This is an Agreement between
Helen Parry (the Artist) of The Cross, High Grosvenor, Bridgnorth, Shropshire WV15 5PN. United Kingdom.
and
[Your Name] (the Commissioner) of [Your Postal Address] Telephone Number: [Your Telephone Number] E-mail Address: [Your E-mail Address] by which we agree that:

1. THE COMMISSION
1.1 Upon payment of the deposit by the Commissioner in accordance with clause 3.1, the Artist shall create the proposed Painting as further described in Annex 1 (the Painting).
1.2 The Commissioner understands that the photograph provided or made by the Artist is used as a source of inspiration for the Painting and the Artist will be at liberty to interpret it in his/her best aesthetic skill and judgement.
1.3 The Artist cannot be held responsible for accidental loss or damage of the original photograph, although special care will be given to these original copies. Photographs will be returned to the Commissioner after completion of the Painting, upon request only.

2. PRICE
2.1 In consideration of the Artist creating the proposed Painting, the Commissioner shall
pay to the Artist a fee of [PaintingStyleandPrice] (the Fee).
2.2 The Artist reserves the right to charge for charges and expenses not included in the Fee, including:
2.2.1 costs relating to the packaging and shipping of the Painting pursuant to clause 5.2;
2.2.2 costs associated the film processing, editing & printing;
2.2.3 requests for further changes in accordance with clause 4.1 to be charged at an hourly rate of £75.00 (except for the first request which is included in the Fee).
2.2.4 Additional Photography charged at £65.00 per hour, Travel charged at £75.00 per hour, accommodation charged at £125.00 per night
2.3 If the commissioner changed the brief or specification for the Painting unilaterally after the commission starts, the Artist should reserve the right to increase fees commensurately.

3. TERMS OF PAYMENT
3.1 A deposit of 50% shall be payable on the commissioning of the Painting.
3.2 Upon acceptance of the Painting, the Artist will raise a final invoice for the balance of the Fee and any additional costs payable in full upon delivery.
3.3 All invoices will be submitted in and the respective payments made in UK Sterling unless specified to the contrary by the Artist and the Commissioner will ensure that the full amount due to the Artist pursuant to Clauses 3.1 and 3.2 will be paid in the hands of the Artist in London, after conversion and deduction of any bank charges or remittance costs.
3.4 Payments which are not received when payable pursuant to this Agreement will be considered overdue and remain payable by the Commissioner with interest for late payment under the Late Payment of Commercial Debts (Interest) Act 1998. This interest will accrue on a daily basis and be payable on demand.

4. ACCEPTANCE AND COMPLETION
4.1 The Artist will decide in her aesthetic skill and judgement that the Painting is completed, she will give the Commissioner the opportunity to make reasonable comments prior acceptance. The Commissioner shall have up to two opportunities to request reasonable minor changes prior acceptance, after which the Painting will be deemed accepted.
4.12 Due to the medium of watercolour, the artist has the right to reject any minor charges requested by the commissioner, if the artist believes that any changes could damage the paper or have a detrimental effect on the finished painting
4.2 Once accepted, there will be no opportunity for further changes.

5. DELIVERY/COLLECTION
5.1 Whenever possible the Commissioner should collect the painting from the artist’s premises.
5.2 If not possible, the Artist may arrange for the Painting to be sent by special delivery within the UK or abroad. An estimate of these costs can be given before the Commissioner decides to commission a painting, however, please bear in mind that this is an estimate only and the final price will depend upon the total weight of the package.
5.3 The Artist shall retain all rights in and title to the Painting until delivery when ownership will transfer to the Commissioner. For the avoidance of doubt, delivery will be deemed when the Commissioner collects the Painting at the Artist’s premises or requests the Artist to arrange for the painting to be posted to the Commissioner’s address.

6. COPYRIGHT
The Artist shall retain the copyright in the Painting and the Commissioner can only reproduce the Painting for the specific and limited purpose of advertising its re-sale. Should the Commissioner wish to buy the copyright from the Artist, the price should be increased accordingly.
6.1 The Artist shall retain the right to photograph the artwork for publicity or reproduction purposes. However, out of respect for your privacy I do not use children or family names when titling or describing my artwork unless specific permission has been granted.
6.2 The Artist shall retain the right to exhibit art commissioned either before sale is complete or in a retrospective of my work for a maximum of 60 days within a five year period.

7. ENTIRE AGREEMENT
7.1 The Agreement contains the entire agreement between the parties thereto and supersedes any and all previous communications, representations, understandings or agreements, either written or oral, between the parties thereto with respect to the subject matter thereof.
7.2 The Agreement shall not be varied except as recorded by a formal amendment document executed by duly authorised representatives of the parties within which document the Agreement shall be specifically referred to.
7.3 No lack of enforcement by either party hereto of any of the terms or conditions of, or of any rights conferred within, the Agreement shall be deemed in itself to be a waiver by such party of such terms, conditions or rights.
7.4 The Parties agree that the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

8. GOVERNING LAW
This Agreement is governed by, and shall be construed in accordance with, the laws of England and Wales and each of the parties irrevocably submits to the exclusive jurisdiction of the English courts.

9. TERMINATION
9.1 If for whatever reason the Commissioner decides to cancel their commission, they must let the Artist know in writing as soon as possible. The Artist shall be entitled to charge a cancellation fee depending on the time of notification prior to the expected delivery date as defined in the Annex as follows:
9.1.1 less than 2 weeks prior notice – Full Fee payable
9.1.2 between 2 and 4 weeks notice – 75% of the Fee payable
9.1.3 between 4 and 6 weeks notice – 50% of the Fee payable
9.1.4 between 6 and 8 weeks notice – 25% of the Fee payable
9.2 In the event where the Commissioner terminates the Agreement with more than 8 weeks prior notice then the Artist shall return the deposit to the Commissioner less any cost of any materials, expenses, banking charges paid by the Artist pursuant to this Agreement.

10. NOTICES
All notices in respect of the Agreement shall be given in writing to the parties hereto at the addresses specified hereunder. Notices shall be deemed to be given when sent by registered mail, facsimile or e-mail and a receipt obtained.

DECLARATION & GUARANTEE
I agree that all transactions of sale entered into by myself or my company (known as The Commissioner) shall be subject to Helen Parry’sTerms and Conditions, as the case may be, operative at the time of any contract of sale. I will make full settlement of all monies due immediately on receipt of invoice. I hereby, personally guarantee payment in respect of all sums due from the company (The Commissioner) to Helen Parry, together with all ancillary costs incurred. I have retained a copy of this form for my records (You will receive a copy on submission of this form)

I have read and understood the terms and conditions. I am duly authorised to accept these terms and conditions.

ANNEX 1: THE PAINTING

Description:
Medium: Watercolour
Image or Sitting required?:
Is this Commission a Gift?:
Expected date of delivery:
Any additional Details:

 

Terms and Conditions for the purchase and use of a Gift Voucher

1. This gift voucher entitles the recipient to redeem the value against any original watercolour portrait or landscape commission painting by Helen Parry, or any limited and open edition prints on my website : http://www.helenparry.co.uk
2. All gift vouchers must be paid for in full at time of purchase.
3. Vouchers are available in Pound (£) Sterling only and cannot be exchanged for cash.
4. Gift Vouchers have no monetary value and should be treated as cash.
5. Helen Parry Watercolour Artist has no liability for lost or stolen gift vouchers once responsibility of ownership has passed to the customer at the time of delivery.
6. Vouchers must be checked within seven days of receipt as any mistakes cannot be rectified after this time.  If there is a mistake with your voucher, email artist(at)helenparry.co.uk immediately.
7. Gift vouchers can be downloaded from the confirmation email upon payment being received and cleared by us, or posted if you have chosen by post.
8. Gift vouchers have an expiry date stated on the voucher.
9. If the gift voucher is to be used for the commission of a portrait or landscape painting, The recipient must contact Helen Parry within six-months of the date of issue to arrange a consultation.
10. Gift vouchers are only redeemable against the purchase of a single (one) watercolour commission or against the purchase of multiple limited and open edition prints.
11.  Gift Vouchers are NOT transferable.
12. Vouchers which are defaced, altered or expired cannot be redeemed.
13. No refunds will be offered on un-used gift vouchers.
14. Multiple gift vouchers may be used in the purchase of a single commission.
15.  The recipient must pay any balance due, over and above the value of the gift voucher, which must be paid in full prior to the painting being commissioned or dispatched.
16.  Photocopies of gift vouchers, proof of purchase etc cannot be used in place of an original gift voucher.
17.  Bookings will only be made and confirmed with an original Helen Parry Watercolour Artist gift vouchers
18. Gift vouchers cannot be redeemed anywhere other than with Helen Parry Watercolour Artist of The Cross, High Grosvenor, Bridgnorth, Shropshire WV15 5PN
19.  We reserve the right to change these terms and conditions at any time and without notification.
20.  Photocopies of or forged gift vouchers will be treated as fraud, any information gathered will be passed onto the police.