Terms and conditions

Thank you for shopping with us today. We are a small, family run business and we are committed to providing a fair and efficient service to you. The following terms and conditions will enable everyone to understand our responsibilities to each other.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 0333 050 8283.

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Totally Art, a company operating in England and Wales whose registered office is at Bowmont Walk, Durham DH2 3JA with email address hello@totallyart.co.uk; telephone number 0333 050 8283; (the Supplier or Us or We).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
2. Customer refers to the person, organisation or company that is requesting the Service, as clearly identified in each Order Form.
3. User Content encompasses various forms of content, including but not limited to text, images, audio, video, files, templates, fonts, logos, metadata, and any other content that is either uploaded to or generated on the Platform.
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Website means our website www.totallyart.co.uk on which the Goods are advertised.

Goods

1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
3. All Goods which appear on the Website are subject to availability.
4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
2. We retain and use all information strictly under the Privacy Policy.
3. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

1. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
3. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
4. Any quotation is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

ON DEMAND PRINTED PRODUCTS
Product, Shipping, and Delivery Services

When an order is placed through the Totally ART website, we will manage the printing of your content and the shipping of the products, as specified in the order.

Our network is comprised of independent local printers worldwide. We assign each order to a local printer based on several factors, including the shipping address, machine capabilities, available capacity, and other relevant considerations. Orders containing multiple product categories might be fulfilled by different print facilities, which could result in separate deliveries due to differences in capabilities, capacity, and delivery locations.

We will provide an estimated delivery time, and we will do our utmost to ensure that the products arrive within this timeframe. However, we cannot be held liable if any delays occur, and we will promptly notify you if we become aware of any circumstances that may significantly affect the delivery schedule.

By default, we use regular post for shipping, unless alternative arrangements are agreed upon for a specific order. Regardless of the chosen shipping method, we reserve the right to select an alternative carrier or shipping method, provided it offers comparable delivery quality and timing.

If you opt for tracked delivery (when available), we will assume responsibility for any loss or damage to the products during transit. For non-tracked delivery, once we hand over the products to a common carrier, they are considered delivered, and ownership and risk of loss transfer to you.

It is your responsibility to provide the correct delivery address. If an incorrect address is provided and multiple individuals reside at that address, we will make reasonable efforts to deliver but cannot guarantee that the products will reach the correct recipient. You are also responsible for handling customs clearance and any associated fees; please refer to clause 9 for further details.

In the event that you can demonstrate that your order is lost during transit when using a tracked delivery service, we will, at our discretion and following an investigation, resend the order. Claims must be submitted within 30 days after the estimated delivery date. However, we reserve the right not to resend any order if the carrier’s tracking information indicates that the order was successfully delivered, even if you or the end customer claims it wasn’t received. In such cases, any replacement may be at your expense.

Placing Personalised Service and Product Orders

To request our services, the customer must follow these steps on the platform: upload their user content or select available content, and complete the checkout process as guided by platform instructions. It is the customer’s responsibility to ensure accuracy throughout the checkout process, which includes verifying:

1. Selection of User Content: Confirming the content chosen for printing.
2. Quantity and Format: Specifying the number and format of prints.
3. Shipping Details: Providing the correct recipient and shipping address.
4. Legality of the Order: Ensuring that the order complies with all applicable laws.

The customer should thoroughly review the order details, including the pricing, before confirming the order. Any errors made during the ordering process are the sole responsibility of the customer, and Totally ART bears no liability for such errors.

Once an order is placed, Totally ART will display an order confirmation on the platform and send a copy to the email address of the person who placed the order on behalf of the customer. If Totally ART reasonably believes that an order may violate any laws, infringe upon third-party rights, or is deemed inappropriate, obscene, or immoral, We reserve the right to cancel the order. If Totally ART proceeds with fulfilling such an order, Totally ART assumes no responsibility for any resulting violations or infringements.

User Content Management

Many of our products are customisable by the Customer. We call this User Content. Customers have the capability to upload, create, and oversee User Content. The customer assumes responsibility for ensuring that the User Content they upload is suitable for their specific needs, including but not limited to ensuring that the quality (resolution, color, lighting, etc.) is sufficient for printing purposes. If the customer is uncertain about the final product’s quality, Totally ART suggests contacting Us first so we can check the content for you. Totally ART is not obligated to actively monitor, pre-screen, or edit the User Content uploaded to the platform or the resulting products.

The customer bears sole responsibility for the accuracy, substance, clarity, quality, and legal compliance of their User Content. Without limiting the above, Totally ART reserves the right to monitor, pre-screen, and edit User Content that lacks accuracy, substance, clarity, or quality, including elements such as logos, illustrations, images, and fonts used in documents with provided templates during the upload process. Totally ART may offer the option for the customer to perform pre-check as part of the Services, in which case the customer is responsible for approving the soft proof. It’s important to note that the availability of such a service does not diminish the customer’s overall responsibility for their User Content.

Return and Defect Resolution Policy

Our products are meticulously crafted specifically for each customer upon order placement. Consequently, once an order is submitted, modifications or cancellations are generally not possible unless explicitly stated otherwise in the Order Form.

Should the customer detect any defects, such as damage to the delivered products, discrepancies in the quantity or number of items received, or a noticeable lack of quality in the delivered product (provided it is not attributed to the quality of the User Content), the customer must, to invoke the rights detailed below, promptly notify Totally ART’s customer service within 5 days following the receipt of the product. In some cases, Totally ART may request photographic or other documentary evidence to confirm the existence of a defective product.

If Totally ART acknowledges, or the customer can substantiate, the presence of a defect that is not the result of a non-tracked delivery carrier, force majeure, or other circumstances outside Totally ART’s control, We will, at Totally ART’s discretion, take one of the following actions:

1. Reprint: Totally ART may offer to reprint the order to correct the identified defect.
2. Refund: Alternatively, Totally ART may issue a refund for the defective products to resolve the issue.

These remedies outlined above represent the customer’s exclusive recourse for addressing any defective products. They are provided in accordance with applicable law and exclude, to the fullest extent permitted by law, any other remedies that may be available to the customer.

Intellectual Property

The Platform encompasses intellectual property and other materials, including software, trademarks, and graphics, that belong to Totally ART, its Supplieers and/or its licensors. The customer does not acquire any rights to these materials. The customer is strictly prohibited from using the Platform for any purpose not explicitly authorised by the Agreement. This includes refraining from actions like copying, renting, leasing, selling, distributing, reverse engineering, or creating derivatives from these materials.

It’s important to recognise that the Platform may incorporate open-source software. Totally ART may also offer certain plug-ins through the Platform, which enable the transfer of files or content to the Platform from specific third-party software programs installed on the customer’s equipment. However, Totally ART neither licenses nor authorises the customer’s use of these third-party software programs. The customer must separately negotiate an agreement with the licensor of any such third-party software to access and utilise it.

The customer asserts and guarantees that they possess ownership and/or all necessary rights to upload, reproduce, create derivative works from, print, distribute, and otherwise utilize the User Content as required for the Services. Furthermore, the customer grants Totally ART a royalty-free, revocable, global, non-exclusive, and sub-licensable right to store, reproduce, create derivative works from, print, distribute, and otherwise use the User Content solely for the purpose of delivering the Services outlined in this Agreement.

Price and Payment

1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
2. Prices and charges include VAT at the rate applicable at the time of the Order.
3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
4. In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.
5. In order to offer you PayPal;s payment methods, checkout is handled by PayPal in accoprdance with their Terms and Conditions 

NON PRINTED PRODUCTS – Delivery

1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
   1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
   2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
3. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
4. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
5. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
6. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
7. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
8. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
9. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Return Policy – Personalised Goods

These Products are made specifically for the Customer upon order. Therefore, once an order is placed, it cannot be changed or cancelled unless otherwise set out in the Order Form.  If the Customer discovers any defect, such as damage to the delivered Products, errors in the number or quantity of the delivered Products or lack of quality of the delivered Product not caused by lack of quality of the User Content, the Customer must, in order to avail itself the rights provided for below, notify Totally ART customer service within 5 days after receipt of the Product. The Customer may be requested to provide photographic or other documentary
evidence of the existence of a defective Product. If Totally ART agrees to, or the Customer can substantiate, the defect, and the defect is not due to the carrier of a non-tracked delivery, force majeure or other circumstances outside Totally ART’s control, then We will, at its option, either provide the Customer with a reprint of the order to the extent required to remedy the defect or offer the Customer
a refund for the defective Products. The remedies provided for above are the Customer’s sole remedies for any defective Product, and exclude, to the fullest extent permitted by law, any other remedy available to the Customer by law.

Return Policy – NON Personalised Goods

Right to cancel – (Non Personalised Goods – This applies to products not automatically covered by the above statement) 

1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
2. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
4. You can also electronically fill in and submit sales cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.totallyart.co.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

1. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
   1. 14 days after the day we receive back from you any Goods supplied, or
   2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
2. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Totally Art 39 Bowmont Walk, Durham DH2 3JA without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
2. For the purposes of these Cancellation Rights, these words have the following meanings:
   1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
   2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
2. Upon delivery, the Goods will:
   1. be of satisfactory quality;
   2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
   3. conform to their description.
3. It is not a failure to conform if the failure has its origin in your materials.

1. We will provide the following after-sales service: The seller will support the customer with product support and after sales product information where possible..

Successors and our sub-contractors

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

1. In the event of any failure by a party because of something beyond its reasonable control:
   1. the party will advise the other party as soon as reasonably practicable; and
   2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.totallyart.co.uk/privacy) and cookies policy (www.totallyart.co.uk/cookies).
3. For the purposes of these Terms and Conditions:
   1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
   2. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
   3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
4. We are a Data Controller of the Personal Data we Process in providing Goods to you.
5. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
   1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
   2. we will only Process Personal Data for the purposes identified;
   3. we will respect your rights in relation to your Personal Data; and
   4. we will implement technical and organisational measures to ensure your Personal Data is secure.
6. For any enquiries or complaints regarding data privacy, you can e-mail: jane@totallyart.co.uk.

Excluding liability

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.