Terms & Conditions

Last updated January 2024.

  1. About Us and These Terms and Conditions

    1.1 These Terms and Conditions constitute an agreement between you and Anna Wetz Photography (“we”, “us” or “our”), concerning your access to and use of the Anna Wetz Photography website (http://www.annawetz.com) as well as any related applications (“Website”), and the purchase of our original art and prints (“Artwork”) from the Website. By visiting the Website or making a purchase on our Website, you agree that you have read and agree to be bound by these Terms and Conditions.

    1.2 You may not access or use the Website for any purpose other than that for which we make the Website and our services available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

    1.3 We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you; you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

    1.4 We reserve the right to change these conditions from time to time; your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the conditions have been changed.

  2. Artwork and Sales

    2.1 Every care has been taken to show the Artwork as accurately as possible with regard to size and colour. The image you see may be different due to slight variation between browsers, devices and screen settings. Any variation between the image represented and the actual Artwork is not deemed a fault and such inconsistencies will not be a valid reason for return.

    2.2 Artwork listed may be withdrawn from sale at any point by the us for reasons such as, but not limited to, sale elsewhere or withheld for exhibition display.

    2.3 All Artwork are sold unframed.

  3. Pricing

    3.1 We use our reasonable efforts to ensure the prices on the Website are correct. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order you have already placed.

    3.2 We check the prices before we accept your order. In the unlikely event that we have shown incorrect pricing information, we will email you to you to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will charge you the lower amount and continue processing your order. If the correct price is higher, we will give you the option to purchase the Artwork at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If we do not receive a response from you within 14 days, we will treat your order as cancelled and will notify you of this by email.

    3.3 We do not currently charge VAT, however we reserve the right to start charging VAT on our Artwork at any time and we will update the Website and these Terms and Conditions accordingly.

    3.4 The cost of delivery is not included in the price of the Artwork displayed on the Website. Delivery options and related charges will be presented to you as part of the order process.

  4. The Legal Contract

    4.1 No part of the Website constitutes a contractual offer capable of acceptance. Your order of our Artwork forms a contractual offer that we can accept or reject. If you acknowledge receipt of your order, that does not necessarily mean we have accepted it. Our acceptance of your order is shown when we send you the order confirmation by email. Only once we have sent you an order confirmation will there be a legally binding contract between us and you.

    4.2 You should make sure that all the details you provide as part of the order process are complete and correct, particularly with regards to the delivery address, as we are not liable if you make a mistake and give the wrong address. If you do, you should let us know immediately so we can update the delivery address (if we are able to).

  5. Payments

    You must pay for the Artwork in advance via the Website and you will be prompted to pay during the order process. The store on our Website is run by Squarespace, which in turn engages Stripe as its payment processor provider. You should read their terms and conditions and privacy policy before making a payment on the Website, and further information is contained in the privacy and cookie policy published on the Website.

      6. Shipping and Returns

For information about shipping and returns, please read the shipping and returns policy published on the Website, which form part of these Terms and Conditions and by which you are legally bound when you make a purchase on our Website.

7. Ownership and Risk

7.1 You will own the Artwork once we have accepted your order and you have made payment of the cost of the Artwork and the delivery charges.

7.2 The risk of the Artwork will pass to you once it is in your or the recipient’s physical possession, in the possession of someone else that you nominate (such as a neighbour), or left in a designated place, such as a porch or building reception. After successful delivery, any risk of theft, loss, or damage passes to you or the recipient.

8. Acceptable Use and Intellectual Property Rights

8.1 All intellectual property rights, including without limitation copyright, in the Website and the Artwork displayed on the Website, is the exclusive property of the artist, Anna Wetz, or our authorised licensors. You are not permitted to copy, share, reproduce, sub-licence, assign, or sell any images of the Artwork without our written permission.

8.2 No part of the Website, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

9. Content

9.1 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website.

9.2 Provided that you are eligible to use the Website, you are granted a limited licence to access and use the Website and to download or print a copy of any portion of the Website to which you have properly gained access solely for your personal, non-commercial use.

10. Suspending or Withdrawing the Website

10.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

10.2 You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.

11. No Text or Data Mining, or Web Scraping

11.1 You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising, or attempting the use of):

a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information, or services accessed via the same.

b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.

11.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

11.3 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

12. Computer Misuse

12.1 We do not guarantee that the Website will be secure or free from bugs or viruses.

12.2 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

12.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

13. Links to Third Party Content

The Website may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for any third party websites or applications or their availability or content.

14. Data Protection

We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679) and the Data Protection Act 2018. We will only use your personal information as set out in our privacy policy, published on the Website.

15. Limitation of Liability

15.1 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

15.2 Our total liability to you for all other losses arising out of or in connection with the contract for sale between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss. Our total liability to you for all other losses arising out of or in connection with your use of the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500.

15.3 Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.4 Nothing in these Terms and Conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.

16. Force Majeure

16.1 We will not be liable for any failure or delay in performing our obligations under these terms where our failure or delay is due to a cause beyond our reasonable control (“force majeure event”). Such force majeure events include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

16.2 If a force majeure event is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:

  1. we will inform you as soon as is reasonably possible;

  2. we will take reasonable steps to minimise the delay;

  3. to the extent that we cannot minimise the delay, our affected obligations under these Terms and Conditions will be suspended and any time limits that we’re bound by will be extended accordingly;

  4. we will inform you when the force majeure event is over and provide details of any new dates, times or availability of the Artwork as necessary; and

  5. if the force majeure event continues for more than 60 days, we may cancel your order and the legal contract with you, and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the legal contract is cancelled and will be made using the same payment method that you used when you ordered the Artwork.

17. General Terms

17.1 Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to us by email to hello@annawetz.com and we will use the email we have on file for you.

17.2 Entire Agreement. These Terms and Conditions (together with any documents referred to herein) represent the entire understanding and agreement between you and us with regards to the subject matter and formation of these Terms and Conditions, and replaces all other negotiations, understandings, and representations, if any, made by and between you and us. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these Terms and Conditions or any other agreement related to these terms and expressly references herein is of any force and effect.

17.3 No Delay. Delay in exercising a right under these Terms and Conditions will not take away that right or any other right.

17.4 Third Parties. No one other than you and we have any right to enforce any terms of these Terms and Conditions and the Contracts (Rights of Third Parties) Act 1999 do not apply to these Terms and Conditions.

17.5 Severability. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment is not possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion will not affect the validity and enforceability of the rest of these Terms and Conditions.

17.6 Governing Law and Jurisdiction. These Terms and Conditions, and any non-contractual obligations arising under them, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any matter and proceedings arising out of these Terms and Conditions.