Terms and Conditions

These Terms & Conditions (“Terms”) govern your use of our website [www.eleanorhoughton.com] (the “Site”) and your purchases of any products from Eleanor Houghton Shop (“I”, “we”, “us”, “our”). By accessing our Site or placing an order, you agree to be bound by these Terms. Please read them carefully. They are designed to be compliant with UK law, including the Consumer Rights Act 2015, the Consumer Contracts Regulations 2013, the Ecommerce Regulations, and other applicable legislation. If you do not agree with any part of these Terms, you must refrain from using our Site or ordering products. These Terms do not affect your statutory rights. We may update these Terms from time to time (for example, to reflect changes in law, our business, or to clarify procedures), and any new version will be posted on this page with an updated effective date. By continuing to use the Site or order after such changes, you accept the new Terms. If you have any questions about our Terms, please contact us before placing an order. 

Product Information:

We strive to ensure that all product descriptions, images, and specifications on our Site are accurate and up-to-date. However, slight variations in colour or packaging may occur. All sizes and measurements are approximate, but we try to be as precise as possible. If you need any additional information about a product, please contact us before purchase.

Pricing:

All prices on our Site are listed in Great British Pounds (GBP). Unless stated otherwise, prices are inclusive of UK Value Added Tax (VAT) at the applicable rate. This means the price you see is the final price for UK customers (plus any applicable shipping charges). We comply with the Price Marking Order 2004 which requires that VAT-inclusive prices are clearly displayed to consumers. If you are ordering for delivery outside the UK, you may be responsible for taxes in the destination country as explained in our Shipping Policy. Delivery charges are not included in the product prices and will be added at checkout where applicable; these charges are clearly shown before you finalise the order. We reserve the right to alter prices at any time. If we find a pricing error in an item you have ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel for a full refund. We are under no obligation to supply a product at an incorrect price if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as a misplacing.

International Orders:

For orders delivered outside of the UK, you are responsible for any import VAT or sales taxes that apply in the destination country. Please note that currency exchange rates or fees charged by your payment provider are outside of our control. 

Orders and Contract Formation:

When you place an order on our Site, you are making an offer to buy products from us. After you submit your order (by clicking the “Place Order” or equivalent button), you will receive an order confirmation email from us. This email acknowledges that we have received your order and will contain your order details. However, this email does not constitute acceptance of your offer. Acceptance of your order, and the completion of the contract between you and us, occurs when we dispatch the product(s) to you. We reserve the right to refuse or cancel any order prior to dispatch for any reason, including if the product is out of stock, if we identify a pricing or product description error, or if we are unable to obtain authorization for your payment. In such cases, we will inform you and refund any payment received. Ownership of the products you order passes to you when we have received full payment and the goods are delivered to you. We retain the right to limit quantities of products we supply, including after you’ve placed an order. If we cannot supply the full quantity you requested, we will contact you to discuss whether to proceed with what we can supply or cancel the order. In the event that a product you ordered becomes unavailable or is discontinued, we will let you know and issue a refund if payment has already been taken. We also reserve the right to refuse service to anyone for legitimate business reasons, but will do so only in compliance with applicable laws (for example, we will not unlawfully discriminate against customers). 

Payment:

We accept various forms of payment as listed on our Site (e.g. credit/debit cards, PayPal, etc.). Payment is typically taken at the point of checkout or soon after. All payments must be made in GBP. If your payment cannot be processed (due to insufficient funds, verification issues, etc.), your order may be delayed or cancelled. In the case of suspected fraud, we reserve the right to cancel the transaction for our protection and that of cardholders. We use secure encryption technology to protect your payment information. We do not store your card details ourselves; transactions are processed through accredited payment gateways. By submitting an order, you authorize us to charge the applicable payment method for the total amount of your order. You will receive an invoice/receipt via email once payment is completed. 

Delivery of Goods:

Delivery terms are outlined in our Shipping Policy, which forms part of these Terms & Conditions. We will make every reasonable effort to deliver the products within the estimated timeframes, but these dates are not guaranteed. If delivery is delayed beyond our control (for example, due to courier delays, customs holds, or force majeure events), we will inform you as soon as possible and take steps to minimize the delay. As noted, if we cannot deliver within 30 days or the agreed extended period, you have rights to cancel. Upon delivery, the goods will be at your risk (responsibility) as explained in the Shipping Policy. Please ensure you follow the procedures in our Returns Policy if you intend to reject delivery or report damage. 

Product Warranty:

We warrant that the products supplied by us will be of satisfactory quality, fit for their intended purpose, and as described at the time of purchase, in accordance with your statutory rights under the Consumer Rights Act 2015. If a product fails to meet this warranty, please notify us.

Liability Disclaimer: Use of the Website:

While we endeavour to keep our Site secure and free of bugs or viruses, we do not guarantee that use of our Site will be error-free or uninterrupted. The Site and its content are provided on an “as is” basis for general information. To the fullest extent permitted by law, we exclude all implied warranties, terms and conditions regarding the Site (for example, we do not warrant that the content is 100% accurate, complete or up-to-date).

Product Liability:

Our liability for losses you suffer as a result of purchasing goods from us is strictly limited to the purchase price of the product and any losses which are a foreseeable consequence of us breaching these Terms. A loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We only supply products for domestic and private use – if you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, as you acknowledge the purchase is not for consumer use in that case. We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded by law. However, to the extent permitted by law, we will not be responsible for any indirect or consequential losses that were not reasonably foreseeable to both parties at the time of contract. In relation to the products, we are responsible for ensuring they meet the contract description and your statutory rights. We will not be liable for any damage or loss caused by your improper use of the products. If you have any basis for a claim against us related to a product, you agree to first notify us and allow us a reasonable opportunity to resolve the issue (such as by repair, replacement, or refund). Force Majeure: We shall not be held liable for any failure or delay in performing our obligations where such failure is due to events beyond our reasonable control (including but not limited to acts of God, natural disasters, strikes, shipping disruptions, war, epidemics, or government regulations). In such event, we will inform you and our obligations will be suspended for the duration of the event. If a force majeure event affects delivery of a product, we will arrange a new delivery date with you after the event is over, or offer a refund if appropriate. 

Intellectual Property (Copyright & Trademarks- Website):

All content on our Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of our company or our content suppliers and is protected by copyright laws. The compilation of all content on this Site is our exclusive property. You may not copy, reproduce, modify, distribute, display, or use any content from our Site without our prior written permission, except for your own personal, non-commercial use of the Site (such as caching your browser or printing pages for your records). Our company name, logo, and all related names, logos, product and service names are our trademarks (or those of our partners/licensors). You are not granted any license or right to use them without our approval. You agree not to infringe our intellectual property rights or those of third parties. If you submit any content to our Site (for example, product reviews, comments, or images), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, edit, and publish that content in any media. You confirm that any content you submit does not infringe any third-party rights. We reserve the right to remove any user-submitted content from the Site at our discretion, especially if it’s unlawful or offensive. If you believe any content on our Site infringes your copyright, please notify us with details, and we will investigate and remove it if appropriate. 

Copyright Protection of Artwork: Legal Statement

The artwork featured on this website is the exclusive intellectual property of Eleanor Houghton. This includes, but is not limited to, all original illustrations, designs, graphics, and visual content. Under the Copyright, Designs and Patents Act 1988 (UK), original artistic works are automatically protected from the moment they are created, without the need for registration. As such, all rights, including reproduction, distribution, and display rights, are fully reserved by the artist.

Purchasing a physical product, such as a card, print, or other merchandise, does not in any way transfer ownership of the artwork’s copyright. The purchase grants the customer a physical copy of the artwork for personal enjoyment only. It does not grant any legal right to reproduce, share, modify, resell, or distribute the image in any form, either physically or digitally. Any such use without the express written consent of the artist constitutes copyright infringement and is subject to legal action.

This copyright policy is also supported by international law under the Berne Convention for the Protection of Literary and Artistic Works, to which the United Kingdom is a signatory. This ensures that the artist’s rights are respected not only domestically but globally. Any unauthorised use of the artwork, whether in the UK or abroad, may be subject to enforcement through appropriate legal channels.

Reproduction, copying, or modification of the artwork—including uploading to social media, printing for resale, or using the images for branding or marketing—is strictly prohibited unless explicit written permission has been granted. This includes both commercial and non-commercial contexts. Even minor alterations to the image, such as cropping, filtering, or overlaying text, are considered derivative works and are not permitted without a licensing agreement.

However, we do recognise and welcome the desire of customers to share their enthusiasm for their purchased items on social media. Personal social media posts that feature a photo of a purchased card or print are allowed, provided that proper credit is given to the artist. This includes tagging the artist’s account or clearly stating the artist’s name in the caption. The image must remain unedited, unobscured, and unmodified in a way that alters the artistic integrity of the work.

We take infringement seriously. The unauthorised use of any protected artwork may result in cease and desist notices, takedown requests, or legal proceedings seeking damages and injunctions. We recommend that anyone interested in using the artwork for commercial purposes, collaborations, or promotional use contact us directly at [Insert contact email] to discuss licensing options.

Respect for artistic labour and creativity is the foundation of any honest community. We appreciate your support in protecting original art and ensuring artists receive the recognition and legal protection they deserve.

User Obligations & Acceptable Use:

By using our Site, you agree to comply with all applicable laws and regulations and to use the Site only for lawful purposes. You must not misuse our Site or services. Prohibited behaviors include (but are not limited to): (a) knowingly introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material to the Site; (b) attempting to gain unauthorized access to the Site, the server on which it is hosted, or any server, computer or database connected to the Site; (c) attacking the Site via a denial-of-service attack or distributed denial-of service attack; (d) using the Site for any fraudulent or illegal activity, or to solicit others to perform or participate in any unlawful acts; (e) harassing, abusing, or harming our staff or other users; (f) scraping or data mining the Site’s content or otherwise collecting information about our products or prices using automated means without permission; (g) infringing our intellectual property or that of others; (h) posting or transmitting any user content that is defamatory, obscene, offensive, or violates any person’s rights. We reserve the right to terminate or suspend your access to the Site if you violate these rules or any other provision of the Terms. You are responsible for maintaining the confidentiality of any account credentials or passwords, and for all activities under your account. Please notify us immediately of any unauthorized use of your account. You agree to provide accurate, current, and complete information about yourself when prompted (for example, when creating an account or placing an order) and to keep such information updated. Impersonation or use of false details is not permitted. If you are provided with the ability to post reviews or comments, you must ensure your contributions are based on your genuine experience, are not abusive or misleading, and comply with any guidelines we provide. We may moderate or remove reviews that violate our guidelines or the law. By using the Site, you also agree to our Privacy Policy (outlined below) regarding how we collect and use your personal data and our Cookie policy regarding the use of cookies. If you do not agree to those, please do not use the Site. 

Dispute Resolution & Complaints:

We are committed to customer satisfaction. If you have any concerns or are dissatisfied with a product or our service, please contact us as soon as possible so we can try to resolve the issue. We aim to acknowledge all complaints within 2 business days and resolve them within 10 business days or inform you if it will take longer. If we cannot resolve a dispute informally, the following terms apply: Governing Law: These Terms and any contracts for purchase of products through our Site are governed by the laws of England and Wales. This means a contract for the purchase of products and any dispute or claim arising out of or in connection with it (including non-contractual disputes) will be governed by English law. Jurisdiction: You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes) arising out of or in connection with these Terms or your use of the Site or products. If you are a consumer residing in Northern Ireland or Scotland, you may also bring proceedings in your local courts. If you reside in the EU, you additionally have the option to use the European Commission’s Online Dispute Resolution (ODR) platform to attempt to resolve a dispute (ODR email contact). However, please note that as a UK business we are not legally obligated to use EU ADR entities post-Brexit. No Waiver: If we delay or fail to exercise any right or remedy under these Terms, it will not constitute a waiver of that or any other right or remedy. Severability: If any provision of these Terms is found to be unlawful or unenforceable by a court, the remaining provisions will remain in full force and effect. Entire Agreement: These Terms, along with any documents expressly referred to (like the Privacy Policy, Shipping Policy, etc.), represent the entire agreement between you and us regarding the subject matter and supersede any prior agreements or understandings. You acknowledge that you have not relied on any statement or representation not included in these documents when agreeing to these Terms.