TERMS AND CONDITIONS

1.0 INTRODUCTION

Welcome to The Lost Works. These Terms and Conditions ("Terms") govern the purchase of framed and unframed photography prints and other merchandise ("Products") from our website, www.thelostworks.co. By placing an order with us, you ("Customer," "you," or "your") agree to abide by these Terms. Please read them carefully before making a purchase. If you do not agree to these Terms, please do not proceed with your order.


2.0 PRODUCT DESCRIPTIONS

The images of the Products on our site are for illustrative purposes. While we strive to ensure that all Products displayed on our website are described accurately, including size, frame options, and materials, and other, we do not guarantee that the descriptions, colours, or images displayed on the website are completely accurate, as variations may occur due to different display settings or other factors beyond our control.


3.0 ORDERING PROCESS

Our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. To purchase a Product, you must:

  • Select the Product(s) you wish to buy and add them to your cart.
  • Provide accurate and complete billing and shipping information.
  • Review your order and complete the checkout process by making payment.

By completing the checkout process, you make an offer to purchase the Products in your cart, which is subject to acceptance by us. We reserve the right to accept or reject your order for any reason. Once we accept your order, you will be notified via email.

4.0 PRICING AND PAYMENT

(4.1) The price of the Products and our delivery charges will be as quoted on our site, except in cases of obvious error.

(4.2) All prices listed on our website are in £ Pounds Sterling. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

(4.3) Goods ordered outside the UK are not subject to UK VAT and have no eligibility for VAT refunds. The price of products, when ordered from outside the UK, do not include local taxes.

(4.4) Product prices and delivery charges are subject to change without notice. However, once you place an order, the price at the time of purchase will be honored.

(4.5) Payment is required at the time of purchase. We accept payment via Mastercard, Visa, American Express, Maestro, Visa Electron and Visa Delta.

(4.6) If you pay by credit/debit card or Paypal, we'll take payment when your order is placed.

(4.7) Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

(4.8) Any details given by us in relation to exchange rates are approximate only and may vary from time to time.


5.0 SHIPPING AND DELIVERY

(5.1) Unless otherwise noted on the site at the time of your order, all prices include shipping and handling. Other delivery charges may apply in certain circumstances, such as:

  • If a delivery is returned to us as undelivered, we reserve the right to charge for any additional delivery

  • You are outside mainland UK 

(5.2) We aim to process and ship your order within 3 weeks. However, delivery times may vary depending on varying factors such as fulfillment availability and shipping partners.

(5.3) We are not responsible for any delays caused by third-party suppliers, couriers or unforeseen events, such as weather or customs issues.

(5.4) All shipping addresses must be accurate. We are not responsible for delayed or lost shipments due to incorrect or incomplete address details provided by the Customer.

(5.5) We will endeavour to arrange print-only delivery to countries outside the UK in mailing tubes with protective paper, and in exceptional circumstances may deliver framed artwork internationally. Any artwork which is dispatched to a country other than the UK is likely to attract additional costs. This may be shipping, tax, customs duty and/or a handling charge. In this case, the courier would require payment by the buyer, before delivery.

(5.6) The offer of free shipping does not apply to trade orders and there may be a charge for carriage of both framed and unframed items.


6.0 RETURNS AND REFUNDS

(6.1) Every product we offer is custom-made specifically for you. Due to the personalized nature of our products, we are unable to accept returns for refunds or exchanges for orders.

(6.2) Additionally, please note that any changes or cancellations to orders can only be made within 24 hours of placing the order. If you realize that you made a mistake with your order, please contact us immediately at info@thelostworks.co so that we can assist you.

(6.3) On rare occasions, there may be instances where one or more products in your order are damaged during transit by our shipping partners. If any of your products arrive damaged, we kindly ask you to provide detailed photos clearly showing the damage, including images of the packaging as soon as it arrives. Photos must be submitted to info@thelostworks.co no later than 72 hours after the indicated delivery date provided by the shipping provider responsible for your order.

(6.4) Upon reviewing the submitted photos, The Lost Works may choose to repair or replace the damaged product(s) at our sole discretion (referred to as "Damage Review"). Please be aware that by requesting a Damage Review, you are explicitly agreeing to the following terms:

(6.5) The photos of the damaged areas must be clearly visible and submitted in either .jpeg or .png format;

(6.6) The photos must be taken immediately upon receiving the product(s), before any hanging, placement, or installation takes place;

(6.7) A Damage Review typically requires a minimum of thirty (30) business days to complete, and The Lost Works holds the sole discretion to choose between replacing or repairing the damaged product.

(6.8) If The Lost Works decides to repair or replace the product(s), the delivery of a replacement item, if available, will depend on the current manufacturing capacity, inventory, availability, and shipping schedule. In such a case, you may need to bear the cost of return shipping.

7.0 OWNERSHIP AND COPYRIGHT

(7.1) The images and designs used on The Lost Works website are the property of The Lost Works or their respective copyright owners, and are protected by U.K. and international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of The Lost Works is strictly prohibited.

(7.2) The photography prints sold through our website are the intellectual property of the respective Photographers. By purchasing a print, you are acquiring a physical reproduction of the artwork but not the copyright to the image itself. You agree not to reproduce, distribute, or create derivative works from any of the Photographers' images.


8.0 SYSTEM SECURITY

(8.1) You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

(8.2) Examples of violations are:

  • accessing data unlawfully or without consent;

  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

  • attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;

  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;

  • taking any action in order to obtain Products to which you are not entitled.

    (8.3) You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

  • any violation of system security as set out above;

  • your use of our website;

  • any other breach or violation of this agreement by you;

  • the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.


9.0 LIMITATION OF LIABILITY

To the fullest extent permitted by law, The Lost Works and its affiliates, directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your purchase or use of the Product(s), even if we have been advised of the possibility of such damages.

Our total liability to you for any claim related to your purchase of Product(s) is limited to the amount you paid for the Product(s) in question.


(9.1) Our Liability if You are a Business

(9.1.1) If you are a business customer, we only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes. Nothing in these Terms limits or excludes our liability for:

  • death or personal injury caused by our negligence;

  • fraud or fraudulent misrepresentation;

  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

  • defective products under the Consumer Protection Act 1987.

(9.1.2) Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).


(9.2) Our Liability if You are a Customer

(9.2.1) If you are a consumer, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

(9.2.2) We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


(9.2.3) We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence;

  • fraud or fraudulent misrepresentation;

  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

  • defective products under the Consumer Protection Act 1987.

10.0 PRIVACY POLICY

We respect your privacy. For information on how we collect, use, and protect your personal information, please review our Privacy Policy, which is incorporated into these Terms by reference.


11.0 CHANGES TO TERMS AND CONDITIONS

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be posted on this page, and the updated Terms will be effective as of the date of posting. It is your responsibility to review these Terms periodically to stay informed of any changes.


12.0 GOVERNING LAW

If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.0 CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us at: info@thelostworks.co


14.0 GIFT VOUCHER TERMS AND CONDITIONS

(14.1) Gift vouchers may only be redeemed at our website www.thelostworks.co and can be used as full or part payment.

(14.2) Each gift voucher has a cash redemption value of 0.001p and is not transferable or assignable.

(14.3) A gift voucher may only be used for one transaction; any unused balance will be forfeited.

(14.4) Gift vouchers are not refundable.

(14.5) Only one gift voucher can be redeemed per order and may not be combined with any other offer or promotion.

(14.6) If the order exceeds the amount of the gift voucher, the balance may be paid by credit or debit card.

(14.7) Gift vouchers are valid for 3 years from the date of issue, where permissible under applicable law.

(14.8) Gift vouchers cannot be applied to orders already placed with The Lost Works.

(14.9) The Lost Works reserves the right to change these terms and conditions from time to time at its discretion.

(14.10) The Lost Works terms and conditions of purchase and for using the The Lost Works website apply.

By purchasing from The Lost Works, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.