Terms and Conditions


For Pet Portrait Commissions
Copyright
 All portraits and images on this website remain the property of Emma Gorton. Any unauthorised reproduction of original works by Emma Gorton or images on the Bella & Bryn website is forbidden and action will be taken should this occur.
As copyright holder Emma Gorton reserves the right to use any portrait images for promotional purposes and images may be reproduced on products under the Bella & Bryn brand name. Customer emails may also be used as testimonials on our website or in any of our promotional material.
Clients preferring their portrait images and/or emails not to be used in such a way must express this in writing within 28 days of receiving their order.
Please be aware that we will ask for the removal of any images from this website or any other platforms belonging to Emma Gorton being used without consent.
 
Cancellation Policy
Clients who have changed theirs minds and no longer want a commissioned portrait drawing must contact us as soon as possible. At this point the drawing will be cancelled and no further payment will be taken. Deposits are non-refundable.
 
Lead times
Works are completed on a first come first served basis and the normal lead time for a portrait drawing tends to be around 2 months. Clients working to a deadline such as a birthday or anniversary can contact Emma Gorton and she will do her best to accommodate them.
 
Deposits
A 30% deposit is required upon ordering and this will be non-refundable. No work will begin without this deposit.
 
Final Payment
Once a portrait has been completed, an image of it will be emailed to the client. Only when the client is completely satisfied with this final image will final payment be requested.
Payment can be made either through Paypal using the link at the bottom of this page or by cheque made payable to Emma Gorton. Final artwork will only be sent once payment has been confirmed and in the case of cheques, once payment has cleared.
 
 Delivery
Our items are delivered by courier and on sending them the client will receive a tracking number in order to monitor the status of their portrait.
Please see our "Delivery Costs" page for more information.
Our small sketches are sent using Royal Mail Special Delivery.
 
 Damage during transit
Our items are packed to a high standard in order to prevent any damage during transit but in the unlikely event that any damage has occurred the client must inform us in the first instance giving as much information as possible including photographs of the damaged parcel and item. Depending on the extent of the damage, we can discuss how to proceed.
In the case of severe damage, the parcel must be returned to us and postage will be refunded on receipt.
 
Rejection of final piece
It is the client’s responsibility to provide images of a true likeness of their pet.
If after receiving their portrait the client is not happy with it they must contact us within 7 days of receipt to discuss any changes required. The cost of returning the portrait to us will be borne by the client. If the customer is still not satisfied with the work after any changes have been applied, 50% of the remaining balance (excluding the deposit) will be refunded and the portrait will be retained by us.
 
For General Website and Bella & Bryn Shop
 
OVERVIEW
 This website is operated by Bella & Bryn. Throughout the site, the terms “we”, “us” and “our” refer to Bella & Bryn. Bella & Bryn offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
 
  1. Privacy Policy
 
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
With your permission, we may send you emails about our store, new products and other updates.
 
CONSENT
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at emma@bellaandbryn.co.uk.
 
DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
 
SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
 
PAYMENT
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
 
LINKS
 When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
 
THIRD-PARTY SERVICES
 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
 
SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
 
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
 
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at emma@bellaandbryn.co.uk.
 
  1. Use of Cookies
Cookies are small text files which are stored on your device. They are used to gather information such as the number of visitors to our website, pages being visited, and which sites visitors are coming from.
We use cookies on our website in order to monitor how it is being used in order to make ongoing improvements and keep it as user-friendly and up to date as possible.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
 
 _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
 
 _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
 
 _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
 
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
 
 _secure_session_id, unique token, sessional
 
 storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
 
 
  1. Copyright
All products and images on this website remain the property of Emma Gorton. Any unauthorised reproduction of original works by Emma Gorton or images on the Bella & Bryn website is forbidden and action will be taken should this occur.
Please be aware that we will ask for the removal of any images from this website or any other platforms belonging to Emma Gorton being used without consent.
 
 
  1. Payment
Payments on the Bella & Bryn store can be made by credit card, debit card, or through PayPal.
We reserve the right to require cleared funds for the full amount of the goods before despatching them to you. If payment is not received within three working days then the sale will be cancelled.
Goods will be despatched within 14 days of day receiving payment.
 
  1. Delivery
 
Please see our "Delivery Costs" page for more information.
 
Please note that delivery times are approximate. Bella & Bryn cannot be held responsible for any delays that occur during transit due to weather conditions, vehicle breakdown, customs queries or any other cause beyond our control or of an unexpected or exceptional nature.
Customers buying from abroad should be aware that delivery times will differ depending on where they live. Our products are shipped from the UK and sold on an unpaid Delivery Duty basis. The recipient therefore will be responsible for any duties and customs charges that may be incurred. Please check your local legislation rules if you are unsure as to how this will affect the overall cost of your order.
 
  1. Damage during transit
Our items are packed to a high standard in order to prevent any damage during transit but in the unlikely event that any damage has occurred you must inform us in the first instance giving as much information as possible including photographs of the damaged parcel and item. Depending on the extent of the damage, we can discuss how to proceed.
In the case of severe damage, the parcel must be returned to us and postage will be refunded on receipt.
Damaged items will either be refunded or replaced within 28 days.
 
  1. Returns, Refunds and Exchanges
You have the right to return your order within 14 days of receiving it. We are unable to refund or exchange any items returned after this period. The goods must be sent back to our contact address as soon as possible at your own expense (unless the item was sent in error or is damaged or defective). A receipt of posting must be obtained and we recommend using a trackable service as we cannot guarantee that we will receive your item. Once the goods have been received a full refund will be given providing the item is unused and in the same condition in which you received it. It must also be in the original packaging.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, as soon as possible.
 
Late or missing refunds
If you haven’t received a refund within 10 working days, please follow the below steps before contacting us:
  • Check your bank account again.
  • Contact your credit card company - it may take some time before your refund is officially posted.
  • Speak to your bank. There is often some processing time before a refund is posted.
  • If you’ve done all of this and you still have not received your refund yet, please contact us at emma@bellaandbryn.co.uk
 
Sale items
Only regular priced items may be refunded. Our sale items cannot be refunded.
 
Exchanges
We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at emma@bellaandbryn.co.uk.
 
 
  1. General Terms of Service
 
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
 
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
 
 
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
 
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
 
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
 
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
 
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bella & Bryn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
 
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bella & Bryn and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
 
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
 
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
 
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at emma@bellaandbryn.co.uk
 
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