These terms and conditions form the basis on which you can visit my website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Tony's Toons (Tony Marriott t/a) of 19 Courtfield Road, Quedgeley, Gloucester GL2 4UQ. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact me at firstname.lastname@example.org or 01452 722980.
1. The contract between us
I must receive payment of the whole of the price for the artwork that you order before your order can be accepted. Payment can be made by one of the following methods: Cheque, PayPal or direct Bank Transfer. Instructions on how to pay via each method are emailed to the customer on confirmation of commission. Once payment has been received by me I will confirm that your order has been accepted by sending an email to you at the email address you provide. My acceptance of your order brings into existence a legally binding contract between us. As the item purchased is classed as a 'personalised/bespoke product', a refund cannot be offered.
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Tony's Toons (Tony Marriott t/a). Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
I have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
4. Damage to your computer
I try to ensure that this website is free from viruses or defects. However, I cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website.
The prices payable for most of my illustrations are as set out in my website. Should you have specific requirements for an illustration not shown (e.g. A larger illustration that includes a number of people/backgrounds) I will advise you the price by email.
6. Delivery charges
Delivery charges are not included in the price of my artwork. Postage prices are listed in each caricature style section ('Pastel', 'Digital' and 'Superfine Detail').
7.1 I am only able to deliver within the United Kingdom.
I will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. I cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by my negligence). I will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and I will contact you to arrange an alternative time.
7.2 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and I will not be liable for their loss or destruction.
8. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when I tried to deliver. You will only own the goods once they have been successfully delivered and when I have received cleared payment in full. Goods supplied are not for resale.
9. Acknowledgement and acceptance of your order
You will need to provide me with your e-mail address and I will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.
10. Cancellation rights
Under the Distance Selling Regulations you do not have the legal right to cancel as your order is for original artwork which is classed as bespoke/personalised.
11. Cancellation by me
As a sole trader, I reserve the right to cancel the contract between us, if I am unwell or if other circumstances beyond my control occur. If I cancel your contract, I will notify you by e-mail or telephone and will re-credit monies paid as soon as possible.
12.1 If you do not receive artwork ordered by you within 30 days of the date on which you ordered it, I will have no liability to you unless you notify me in writing at my contact address of the problem within 60 days of the date on which you ordered the artwork (unless this is not reasonably practicable). If you notify a problem to me under this condition, my only obligation will be, at your option:
12.1.1 to make good any shortage or non-delivery;
12.1.2 to replace or repair any goods that are damaged or defective; or
12.1.3 to refund to you the amount paid by you for the artwork in question in whatever way we choose.
12.2 Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.
12.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 19 Courtfield Road, Quedgeley, Gloucester GL2 4UQ and all notices from us to you will be displayed on our website from time to time.
14. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
15. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
When ordering a caricature, the customer’s name, address, email and photos will be required. I will never knowingly share this information with third parties without permission. Emailed photographs will be deleted from my computer after use and all hard copy (original photos) returned to the customer with the caricature artwork. Every photographic image used on the Tony's Toons website for promotional purposes is done so only after agreement has been obtained from the customer..
18. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.