Terms and Conditions
1. Introduction
1.1 These terms and conditions govern your use of elliewhite.co.uk and any purchases you make through our website.
1.2 By using this website and placing an order, you accept these terms and conditions in full. If you disagree with any part of these terms, you must not use our website or purchase our products.
1.3 We reserve the right to update these terms at any time. The most current version will always be available on this page with the date of last update clearly displayed.
2. Definitions
2.1 "Consumer" means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft, or profession.
2.2 "Business Customer" means a customer purchasing for purposes relating to that customer's trade, business, craft, or profession.
2.3 "Products" means the prints, print-on-demand items, books, and other goods offered for sale on our website.
3. Nature of Our Service
Print-on-Demand Production: All Products (except books) are manufactured to order. This means:
- Production begins immediately upon order confirmation
- Products are created specifically for your order
- Delivery times include both production and shipping time
Important: Whilst you retain your legal right to cancel within 14 days of receiving our order (see Section 9), please note that because we begin production immediately, we incur full production costs as soon as your order is placed. If you exercise your right to cancel, we cannot recover these costs.
4. Customer Account and Information
4.1 You must be at least 18 years of age to purchase from this website.
4.2 You are responsible for ensuring all information you provide (including delivery address and contact details) is accurate and complete.
4.3 If you create an account, you are responsible for maintaining the security of your username and password. You must notify us immediately if you suspect unauthorised access to your account.
4.4 We reserve the right to suspend or terminate accounts that breach these terms.
5. Privacy and Data Protection
5.1 We process your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
5.2 Full details of how we collect, use, and protect your personal data are set out in our Privacy Policy, which should be read alongside these terms.
6. Product Information and Pricing
6.1 We make every effort to ensure product descriptions, images, and prices are accurate. However, errors may occur.
6.2 If we discover a pricing error after you have placed an order, we will:
- Contact you to inform you of the error
- Give you the option to proceed at the correct price or cancel your order
- Provide a full refund if you choose to cancel
6.3 All prices displayed on our website are in pounds sterling (£ GBP) and are inclusive of all applicable taxes.
6.4 We reserve the right to change prices at any time without notice, but changes will not affect orders already placed.
7. Orders and Payment
7.1 When you place an order, you are making an offer to purchase the Products specified.
7.2 We will send you an automatic order confirmation email acknowledging receipt of your order. This does not constitute acceptance of your order.
7.3 We accept your order when we send you a dispatch confirmation email. At this point, a contract is formed between you and us.
7.4 We reserve the right to refuse any order, particularly where:
- We cannot verify your payment details
- We suspect fraudulent activity
- The Products are unavailable
- There are errors in product information or pricing
7.5 If we cannot accept your order, we will inform you and will not charge you.
7.6 Payment is processed securely through our payment provider. We do not store your full card details.
7.7 Payment Failures and Chargebacks:
- If payment is declined or fails, your order will not be processed
- If you initiate a chargeback or payment dispute after receiving Products:
- We reserve the right to charge you for the Products plus reasonable costs incurred in defending the chargeback
- We will suspend your account and may refuse future orders
- This is without prejudice to your legal right to dispute charges through your payment provider for legitimate reasons
- If you have a complaint about your order, please contact us directly before initiating a chargeback, as we aim to resolve all issues amicably
8. Production and Delivery
8.1 Production Time: Most Products require 2-4 working days for production before shipping. Some products have longer production times. All expected production times are clearly stated on the product's page. We will notify you if production will take longer than expected.
8.2 Delivery: Once produced, Products are shipped using the method stated on the product page. Standard delivery to UK addresses typically takes 2-3 working days after dispatch.
8.3 Delivery Address: Products will be delivered to the address you provide at checkout. Please ensure this address is accurate and that someone is available to receive delivery.
8.4 Tracking: Where available, tracking information will be sent to you via email.
8.5 Delivery Delays: We cannot be held responsible for delays caused by:
- Courier or postal service disruption
- Industrial action
- Severe weather
- Events beyond our reasonable control (force majeure)
- If significant delays occur, we will contact you with options including alternative delivery or a full refund.
8.6 International Delivery:
We ship to the United Kingdom, United States, and Canada only. We do not ship to the European Union or other international destinations.
For orders to the United States and Canada:
- Delivery times may be longer than UK deliveries
- You (the recipient) are responsible for all import duties, customs fees, and taxes levied by your country
- Parcels may be opened and inspected by customs authorities
- We cannot provide specific advice on customs charges, but these are typically the buyer's responsibility
- Some US states and Canadian provinces may charge additional sales tax at the point of import
8.7 Risk and Title:
- Risk of loss or damage to Products passes to you upon delivery
- Title (ownership) in Products passes to you when we receive full payment and the Products are delivered to you
- If Products are damaged or lost in transit before delivery, please contact us immediately
8.8 Failed Delivery:
- If delivery fails due to incorrect address information you provided, you will be responsible for any redelivery charges
- If you fail to accept delivery after two delivery attempts, we may charge you reasonable storage costs or cancel the order and charge a restocking fee equivalent to our actual costs
- For international orders refused or returned by customs, you are responsible for return shipping costs and any customs fees incurred
9. Your Right to Cancel
9.1 UK Consumers - 14-Day Cooling-Off Period:
If you are a UK Consumer purchasing online, you have the right to cancel your order within 14 days under the Consumer Contracts Regulations 2013, without giving any reason.
9.1A US and Canadian Customers:
United States Customers:
US federal law does not provide a statutory right to cancel or return online purchases. The FTC Cooling-Off Rule does not apply to internet sales.
We do not offer returns or refunds for US customers except:
- Where Products are faulty, damaged, or not as described (see Section 10)
- Where we have failed to deliver within the timeframe promised
Canadian Customers:
Canadian consumer protection laws vary by province. We do not offer discretionary returns to Canadian customers.
You may have statutory rights to cancel in the following circumstances only:
- If we fail to provide required contract information under your provincial consumer protection legislation
- If we fail to deliver within promised timeframes
- If Products are faulty, damaged, or not as described (see Section 10)
- If you believe you have a statutory right to cancel under your provincial law, you must provide evidence of the specific legal basis for cancellation.
Important for all US and Canadian customers:
- Unlike UK customers, you do NOT have an automatic right to change your mind and return Products
- All sales are final unless Products are defective or we have breached our obligations
- Please ensure you are certain of your purchase before ordering
9.2 How to Cancel:
- You must notify us in writing (email to ellie@elliewhite.co.uk) within 14 days of receiving your Products
- Simply returning Products without notifying us is not sufficient
- Telephone notification is not valid - you must use email
9.3 Returning Products (UK Consumers Only):
This section applies only to UK consumers exercising their legal right to cancel under the Consumer Contracts Regulations 2013.
- After notifying us of cancellation, you have 14 days to return the Products
- Before returning the Products, you must provide photographic evidence showing:
- The Product in its packaging, clearly showing it is unused and in original condition
- All packaging, labels, and accessories included with the Product
- The Product from multiple angles demonstrating no damage, marks, or defects
- Any protective wrapping or seals intact (if applicable)
- These photographs must be emailed to ellie@elliewhite.co.uk before you post the return
Products must be returned to the postal address we provide you with once we have accepted the return. - Products must be in their original, unused condition with all original packaging, labels, and any accessories intact
- You are responsible for the cost of returning the Products to us
- We recommend using tracked and insured postage, as you bear the risk of loss or damage during return transit
9.4 Refunds (UK Consumers Only):
- We will process your refund only after:
- We have received the photographic evidence required in 9.3
- We have received the returned Products
- We have inspected the Products and confirmed they meet the return conditions
- The refund will be processed within 14 days of our receiving and approving the returned Products
- The refund will be issued to the original payment method
- We will refund your original standard delivery charge (but not premium or express delivery upgrades you may have chosen)
- We will not refund your return postage costs
- We may deduct from your refund an amount to reflect any diminished value of the Products resulting from:
- Handling beyond what is necessary to establish their nature, characteristics, and functioning
- Damage or marks not evident in your pre-return photographs
- Missing packaging, labels, or accessories
- Use of the Products beyond inspection
- Any deterioration in condition between your photographs and our receipt of the Products
- If we make any deductions from your refund, we will notify you in writing with:
- Photographic evidence showing the condition of the Products when received by us
- A detailed explanation of why deductions have been made
- The amount deducted and the calculation used
- If you dispute any deductions, you may refer the matter to your payment provider's dispute resolution process or the complaints procedure in Section 14
9.5 Products Not Covered by the Right to Cancel:
The right to cancel does NOT apply to:
- Products that have been used (unless they are faulty)
- Products where sealed packaging or shrink-wrap has been removed (unless they are faulty)
- Products that are personalised or made to your specification
- Sealed Products that have been unsealed for hygiene or health protection reasons
9.6 Business Customers: If you are purchasing as a Business Customer, the 14-day cooling-off period does not apply. Returns will only be accepted if Products are faulty (see Section 10).
9.7 Abuse of Returns Policy:
- We monitor return patterns to identify potential abuse of the returns process
- If we reasonably believe you are abusing your right to cancel (for example, through excessive returns, "wardrobing", or returning Products that have clearly been used), we reserve the right to:
- Refuse future orders from you
- Close your customer account
- Report suspected fraud to relevant authorities
- This does not affect your statutory rights on current orders, but we may refuse to do business with you in the future
- We will notify you in writing if we take such action
10. Faulty, Damaged, or Incorrect Products
10.1 Your Statutory Rights: Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015. Products must be:
- Of satisfactory quality
- Fit for purpose
- As described
10.2 Manufacturer's Warranty: As we do not manufacture the Products ourselves (they are produced by our third-party print-on-demand suppliers), any manufacturer's warranty or guarantee is provided by the manufacturer, not by us. However, your statutory rights under the Consumer Rights Act 2015 are not affected and you may claim against us as the seller.
10.3 Time Limits for Reporting Faults:
- For damage or defects visible on delivery: You must report these within 48 hours of delivery with photographic evidence
- For faults that develop after delivery: Under the Consumer Rights Act 2015:
- You have 30 days to reject faulty Products for a full refund
- Between 30 days and 6 months, we may offer repair or replacement
- After 6 months, you must prove the fault existed at the time of delivery
10.4 Reporting Faults:
- Contact us at ellie@elliewhite.co.uk with:
- Your order number in the subject line
- Photographic evidence clearly showing the fault or damage
- A description of the problem
- The date you received the Products
10.5 Our Response:
- We will arrange a free replacement or full refund (including return shipping costs) for faulty or damaged Products
- We may collect the faulty Product from you or ask you to return it to us at our expense
- For incorrect Products sent in error, we will send the correct Product and arrange free collection of the incorrect item
- The choice between refund, repair, or replacement is yours in the first instance, subject to the remedies being possible and not disproportionately costly
10.6 Limitation: We cannot accept responsibility for damage caused by:
- Misuse or failure to follow any instructions provided
- Accidental damage after delivery
- Normal wear and tear
- Fair wear and tear from regular use
11. Limitation of Liability
11.1 Consumer Rights: Nothing in these terms excludes or limits our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited under English law
11.2 Business Customers: Subject to clause 11.1, our total liability for any claims arising from your purchase shall not exceed the price you paid for the Products.
11.3 Indirect Losses: We are not liable for any indirect or consequential losses, including but not limited to loss of profits, loss of business, or loss of opportunity.
12. Intellectual Property
12.1 All images, designs, text, graphics, and other content on this website are protected by copyright and other intellectual property rights.
12.2 When you purchase a physical Product, you acquire ownership of that physical item only. You do not acquire any intellectual property rights in the images or designs.
12.3 You may not reproduce, copy, or redistribute our images or designs for commercial purposes without our prior written permission.
12.4 The historical images used in our Products originate from a collection now housed in the Blacker-Wood Collection at McGill University. We are licenced to use these images.
13. Your Use of Our Website
13.1 You must not use our website:
- In any way that breaches applicable law or regulation
- In any way that is unlawful or fraudulent
- To transmit any unsolicited or unauthorised advertising or promotional material
- To knowingly transmit any data containing viruses or other harmful code
13.2 We reserve the right to suspend or terminate your access to our website if you breach these terms.
14. Complaints
14.1 If you have a complaint about our Products or service, please contact us at ellie@elliewhite.co.uk.
14.2 We will acknowledge your complaint within 2 working days and aim to resolve it within 14 days.
14.3 If you are unhappy with our response, you may refer the matter to:
- Citizens Advice Consumer Service: https://www.citizensadvice.org.uk/consumer/
- Trading Standards via your local authority
15. Governing Law and Jurisdiction
15.1 These terms are governed by English law.
15.2 For UK Customers:
- Any dispute arising from these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of England and Wales
- If you are a Consumer based in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland respectively
15.3 For US and Canadian Customers:
- These terms are governed by English law, but this does not deprive you of any mandatory consumer protection laws in your own jurisdiction
- We are a UK-based business and any legal proceedings would need to be brought in the UK courts
- By placing an order, you acknowledge that English law applies to the contract between us
16. Contact Information
If you have any questions about these terms and conditions, please contact us:
Email: ellie@elliewhite.co.uk
23. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
