terms and conditions

Site Ownership

This website is owned and operated by Thomkat Limited (trading as Thomkat Illustrations) These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Site Usage

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

Returns and Refunds

For any undamaged ‘off the shelf’ product, simply return it with its included accessories and packaging along with the original receipt within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return:

 

Bespoke commissions

Fine art pet portraits

Illustration commissions

Personalised designs of any kind including but not limited to:

 

bespoke or personalised family portraits

personalised butterflies and affirmations print

bespoke or personalised word of the year designs

personalised greetings cards

any personalised mug designs

 

Proofs of finalised designs/drawings of the above will be shared with the customer in advance of shipping to ensure they are approved before despatch.

 

Damages

 

If a product is damaged or faulty on receipt by the customer, we will either repair the relevant defect or replace the product upon receiving proof of damage/defect. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

Products and Services

 

We may, without prior notice, change the products or services; stop providing the products or services or any features of the products or services we offer; or create limits for the products or services. We may permanently or temporarily terminate or suspend access to the products or services without notice and liability for any reason, or for no reason.

 

Intellectual Property, Copyrights and logos

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Thomkat Limited. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Indemnification

 

You agree to indemnify and hold Thomkat Limited blameless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Liability

 

To the maximum extent permitted by applicable law, in no event shall Thomkat Limited be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, Thomkat Limited assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our products or service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

 

Changes to Terms

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

This agreement is governed by the laws of England & Wales, whose courts shall have sole jurisdiction in relation to all matters arising.