Please note that copyright belongs to the artist, regardless of who owns the artwork. Therefore, I retain copyright of all artwork, photographs and blog posts on this website, unless specified otherwise.
If I sell a picture to a private client, they do not have the right to reproduce it, e.g. as a greetings card.
Anyone wishing to reproduce anything on this website has to seek my written permission.
I license my artwork.
Who are we and our contact details
I am Hannah Kirk founder of Faithful Brushstrokes which is a trading name of Morning Coffee With Abba Ltd. Morning Coffee With Abba Ltd is a company registered in England and Wales with company number 11532057 whose registered address is at 7 The Breech, College Town, Sandhurst, Berkshire, GU47 0PN.
You can get hold of us in any of the following ways:
What do these terms do, and why are they important?
Please read these terms and conditions carefully before you place an order with me via this website. They contain important information, including
as well as other matters.
If, in these terms and conditions, I say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
Your personal information
For information about how I collect and use your personal information, please see my general privacy notice, which is available at www.faithfulbrushstrokes.co.uk/privacy-policy
Order Process and the Contract between you and us
When you place an order with me, the legal contract between you and me will only come into existence when I tell you that I can provide the goods to you, which I will usually communicate by email. If I tell you that I cannot provide the goods to you for whatever reason, then I will not charge you for them. If I tell you that I am unable to provide the goods, and I have already received payment from you, then I will promptly refund you for any goods that I cannot provide to you.
About the goods
Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on my website, are for illustration only. While I endeavor to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
Many of my goods are handmade, which means that the size, dimensions or weight of the handmade goods may vary by up to 5% above or below the amounts quoted on our website.
If you place an order for goods that are to be made to measurements that you have given to us, then you must ensure that those measurements are accurate. You are responsible for them.
Changes to goods
If you would like to make a change to the goods for which you have already placed an order, please contact my as promptly as you can. I will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, I’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how I need to fulfill your request.
It is possible that, exceptionally, I may need to make a more major change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and the cancellation terms of these terms and conditions will apply.
The price of the goods will be the price set out on my website at the time when you place your order. My prices include VAT at the current rate.
I make all reasonable efforts to ensure that I do not make errors with the prices that I charge you. For example, before I accept your order, I usually try to check the website price against my price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then I will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, I will contact you to confirm how you would like to proceed.
Any costs for delivery of the goods will be the amounts that were set out to you in the order process on our website.
When you need to pay me depends on whether the goods are one-off or provided on a subscription basis:
I accept payment by cash card, direct bank transfer, or PayPal.
Delivery and collection of goods
I will contact you if there will be a delay in delivering the goods to you because of circumstances that are not within my control. If I contact you within a reasonable time to let you know about this, then I will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact me to cancel the contract, and I will provide you with a refund for any goods that you have paid for but not yet received.
If you told me that you would like to collect the goods, then you can collect them once I have confirmed that they are ready for collection. If you do not collect the goods from me within a reasonable time of me letting you know that they are ready for collection, I will contact you about what to do next, and I may charge you for the storage costs I incur during this period. If I am still unable to arrange collection of the goods with you, then I may cancel the contract.
Responsibility for and ownership of goods
You will be responsible for goods from the point at which I deliver the goods to you, or if you have told me that you are collecting the goods, then from the point at which you collect the goods from me.
You will only own the goods once I have received full payment for them.
I retain the copyright of all artwork. If I sell a picture to a private client, they do not have the right to reproduce it, e.g. as a greetings card. Anyone wishing to reproduce anything on this website has to seek my written permission.
I will inform you in the description of the goods on my website, or during the order process, of information that I need from you in order to provide you with the goods. I will contact you to request this information.
If you don’t provide me with this required information in a reasonable time, or if information that you give me is not accurate, I may cancel the contract, or I may charge you for the additional costs that I incur as a result.
If you don’t give me required information within a reasonable time, I will not be liable to you if this causes a delay in providing you with the goods, or if I do not provide any part of them to you.
If there is a fault with the goods
I hope that you are satisfied with the goods that I have supplied to you, but if there is a fault with them, then please contact me using the details at the top of these terms and conditions.
I must provide goods to you that meet your consumer rights.
This section provides you with a summary of your consumer rights if there is a fault with the goods that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to me, or if the goods are not suitable for postage, allow me to collect the goods from you. I will pay for the costs of return or collection in these circumstances.
Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period.
Our liability if you suffer loss or damage
If I do not comply with any section of these terms and conditions, or if I do not use reasonable care and skill in providing the goods to you, then I am liable to you for loss and damage that you suffer and that I cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of me breaking the contract, or if it is obvious that it might happen because of something you told me about when we entered into the contract.
I do not limit or exclude my liability to you, where I am not allowed to do so by law. This means that I do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods or for providing you with defective items under the Consumer Protection Act 1987.
If I provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. I will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
Cooling-off period and your right to cancel the contract during it
Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in the section below.
When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period because you have changed your mind. If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide me with any reason for cancelling.
The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out below. You can calculate the cooling-off period as follows:
If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:
If you want to cancel the contract because you have changed your mind, then you should let me know before the end of the cooling-off period in one of the following ways:
If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.
If you cancel the contract during the cooling-off period because you have changed your mind, then I will provide you with a refund for the goods as well as any standard delivery costs that you paid, but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs. If you have cancelled an order for goods, then I will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day I receive the goods back from you or, if earlier within 14 days of you providing me with proof that the goods have been sent back to me. If your order does not include goods that need to be returned to me then we will provide you with a refund within 14 days of the day after you let me know that you want to cancel the contract.
I have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. So, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If I have already provided you with a refund, then I may charge you the amount that I would have deducted.
Your rights to cancel the contract
In addition to your rights to cancel the contract during the cooling-off period, if any of the following circumstances apply, you have the right to cancel this contract immediately:
If you do cancel the contract for any of the above reasons, then I will provide you with a refund for any goods that you have paid for but I have not yet provided, or I may provide you with a refund for any goods that have not been properly provided to you. In certain circumstances, you may also be entitled to further compensation.
If you are cancelling the contract for any other reason that is not set out in these terms and conditions or that is due to a fault with the goods, then the contract will end immediately and I will provide you with a refund for any goods that you have paid for but not yet received. However, I may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then I may charge you an amount of reasonable compensation for costs that I incur due to you cancelling the contract.
If you cancel the contract after I have dispatched goods, then you must return the goods to me (by returning the goods in person to the place where you bought them or posting them back to me). If you cancel the contract because there is a fault with them, I will pay the costs of returning the goods to me or the costs of collecting them from you. If you cancel the contract for any other reason, you will be responsible for the costs of returning the goods to me or for contacting me promptly to make arrangements for collection, which will be at your cost.
Our rights to cancel the contract
If you don’t comply with your obligations in these terms and conditions, I may cancel the contract. The following are examples of circumstances where I would consider that you have not complied with your obligations:
If I cancel the contract because you have not performed your obligations, I will provide you with a refund for any goods for which you have paid but not yet received. However I may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then I may charge you, an amount of reasonable compensation for costs that we incur due to having to cancel the contract.
If we stop providing goods
If the goods with which I provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), I may decide at some point in the future to stop providing them. If I decide to stop providing them, I will contact you at least 1 month before I stop providing them, to let you know. If you have made payment for goods that I will no longer be providing to you, I will give you the relevant refund for what you will not receive.
You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting my consent in writing.
If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
If I delay in exercising any right I have under the contract, this will not stop me from exercising that right against you at a later date.
This contract is only between you and me. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
If there is ever any dispute between you and me, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
If you are dissatisfied with how I have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Copyright © 2019 Faithful Brushstrokes - All Rights Reserved.
Faithful Brushstrokes is a trading name of Morning Coffee With Abba Ltd.
Registered in England and Wales Company Number: 11532057
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