TERMS OF BUSINESS

Surrey Hills Frame Studio is the trading name of Lamaron Limited (company no: 15636815)

These Terms of Business set out the basis on which Lamaron Limited, trading as Surrey Hills Frame Studio (“we”, “us” or “our”) provides bespoke picture framing and related services to you.

By accepting a quotation and placing an order with us, you enter into a contract with Lamaron Limited, and not with Surrey Hills Frame Studio as a separate legal entity.

All quotations, orders, payments, services and liabilities arising in connection with your framing order are provided by and are the responsibility of Lamaron Limited, subject to these Terms of Business and applicable law.

Surrey Hills Frame Studio is the trading name and brand under which Lamaron Limited provides these services.

These Terms of Business form the legal basis under which we provide picture framing services and products. Any additional terms specifically agreed with you will also form part of the agreement.

Nothing in these terms affects your statutory rights as a consumer where applicable.

1. Quotations and orders

Following your consultation, we will provide a quotation based on the framing solution discussed, including the selected frame, mount, glazing and any other agreed elements.

Quotations are based on the information and materials available at the time and may need to be revised if the requirements or condition of the artwork or object become apparent during the framing process or if there is an increase in the price of the materials available. Quotations can change at any time for these reasons.

An order is confirmed when you approve the quotation, complete any requested documentation and make payment in full. Up to this point we will be under no obligation to undertake any work and can refuse to accept an order or any other request for work prior to it being confirmed at our absolute discretion.

You are responsible for the accuracy and completeness of the details of your order and for providing us with all information reasonably necessary in connection with the artwork or other item you leave with us and the framing services you ask us to provide. You must ensure that all such information is complete and accurate in all material respects and promptly notify us of any change to such information which may affect the framing services.

Once an order has been accepted, the contract is between you and Lamaron Limited.

2. Payment

Payment in full is required when an order is placed.

3. Cancellation and changes to orders

Because our framing is bespoke and made specifically for your artwork or other item and chosen requirements, once an order has been accepted and work has commenced, it cannot normally be cancelled or returned simply because you have changed your mind.

Before work begins, please contact us as soon as possible if you wish to make a change or cancel your order. We will consider the request and, where appropriate, refund any amount that we are not reasonably entitled to retain.

Once work has commenced, we may have incurred costs for materials, labour and other services specifically relating to your order. Where a cancellation is permitted or agreed, we may retain an amount reasonably reflecting costs or losses directly resulting from the cancellation, to the extent permitted by law.

Nothing in these Terms of Business affects any statutory right you may have to cancel or obtain a remedy where we have not complied with our legal obligations.

Where an order is cancelled because of a fault or failure on our part, your statutory rights will apply.

4. Our right to cancel

Where an agreed change to an order results in an additional charge, this will be discussed with you and approved before the additional work is undertaken.

We may cancel an order by giving you not less than five days' written notice where, acting reasonably, we consider that we are unable to undertake or complete the framing services.

We may cancel an order immediately where it is reasonably necessary to do so for reasons of safety or to avoid damage to the artwork or other item

This may include circumstances where the condition, nature, value or characteristics of the artwork or other item become apparent after the order has been accepted and make the proposed framing services impracticable, inappropriate or unsafe.

Where we cancel an order under this clause, we will refund to you any amount paid in respect of framing services which have not been provided, subject to any sums which we are entitled to retain under these terms or applicable law.

5. Artwork and items left with us

We take reasonable care of artwork and other items entrusted to us.

It is extremely important that you tell us the personal and financial value of the work before leaving it with us.

You should also tell us about any existing damage, fragility, previous repairs, inherent defects or other condition issues of which you are aware before work begins. We may record the condition of an item when it is received.

Where an item is particularly fragile, valuable or requires specialist treatment, we may recommend an alternative framing approach or specialist conservation work before framing.

We reserve the right to decline work generally but also where we reasonably consider that handling or framing an item presents an unacceptable risk of damage.

6. Framing and materials

Bespoke framing involves the selection and combination of natural and manufactured materials. Variations in colour, grain, texture and finish may occur, particularly with natural wood and hand-finished materials.

Where appropriate, we reserve a right to make adjustments to the agreed design where reasonably necessary by law, to achieve the intended finish, to accommodate the characteristics of the artwork or object or to accommodate the availability of materials or subcontractors.

Any significant change to the agreed framing specification will be discussed with you before proceeding.

7. Materials supplied by the customer

Where you ask us to incorporate materials supplied by you, including frames, mounts, glazing, backing materials, fixings or other components, you remain responsible for ensuring that those materials are suitable for the intended use and are free from defects.

We will inspect customer-supplied materials where reasonably practicable and will tell you if we identify an obvious defect, unsuitable condition or other concern. We will not be liable for defects, deterioration, incompatibility, instability or failure arising from the nature or condition of materials supplied by you which could not reasonably have been identified by us before use.

We reserve the right to decline to use customer-supplied materials where we consider them unsuitable, unsafe or likely to compromise the quality, stability or longevity of the finished framing.

Where we agree to use customer-supplied materials despite an identified concern, we will explain the relevant risk to you before proceeding and may ask you to confirm that you wish us to continue.

We will not be responsible for any loss or damage caused by a defect, deterioration, incompatibility or failure in customer-supplied materials, except to the extent that the loss or damage results from our own breach of contract, negligence or failure to provide our services with reasonable care and skill.

8. Timescales

We will provide an estimated completion time when your order is placed.

Timescales are estimates unless a specific completion date has been expressly agreed. They may be affected by material availability, specialist work, conservation requirements or circumstances outside our reasonable control.

If there is a significant delay, we will let you know.

9. Collection and storage

We will contact you when your framing is ready for collection and agree a suitable collection time.

Completed work should be collected within a reasonable period following notification. We will contact you if work remains uncollected.

Where work remains uncollected for an extended period, we reserve the right, after giving reasonable notice, to charge a reasonable storage fee.

If work remains uncollected despite reasonable attempts to contact you, we reserve the right to take further appropriate steps in relation to the work, including disposal or sale where legally permitted.

10. Copyright, photography and use of images

We may photograph completed framing projects for the purposes of our portfolio, website, social media, advertising and other promotional activities.

By placing an order, you agree that we may photograph the completed framing and use those photographs for these purposes, unless you notify us before or at the time of placing your order that you do not wish your work to be photographed or published.

Where you provide an artwork or other item for framing, you confirm that you permit us to photograph and reproduce images of the item for these purposes.

Copyright in photographs taken by us remains with us unless otherwise agreed in writing.

We will not knowingly publish your name, address or other personal information alongside an image of your artwork or other item without your consent.

You may notify us at any time if you no longer wish us to use an image of your work for future promotional purposes. This will not affect material already published or printed before we receive your request.

12. Customer property and third-party rights

You confirm that you have the right to give us possession of any artwork or other item provided for framing.

You should inform us of any restrictions, conditions or third-party rights affecting the artwork or item that may be relevant to its handling, framing, photography or publication.

We are not responsible for determining whether an artwork or other item is subject to copyright, moral rights, trade mark rights or other intellectual property restrictions.

13. Inspection on delivery

Where your completed framing is delivered to you, you must inspect it promptly following delivery at the destination specified by you and notify us in writing as soon as reasonably practicable of any apparent defect, damage or failure to conform to the agreed framing specification.

Where reasonably practicable, you should notify us within 48 hours of delivery.

You must, where reasonably requested by us, provide reasonable information and evidence concerning any alleged defect, damage or non-conformity and give us a reasonable opportunity to inspect the completed framing.

Failure to notify us within 48 hours will not affect any statutory rights which cannot lawfully be excluded or restricted. Subject to those rights, failure to notify us promptly of an apparent defect may be taken into account in determining the extent of any loss or damage suffered by us as a result of the delay in notification.

14. Insurance and risk

Items in our custody

Artwork and other items left with us are covered by our insurance while in our custody, subject to the terms, conditions, exclusions, limitations, excesses and maximum values applicable under our insurance policy.

Our insurance cover is subject to a maximum limit per individual item and may contain other restrictions or exclusions. You are responsible for telling us the value of each item when you leave it with us and for making us aware of any circumstances which may affect the availability or adequacy of our insurance cover.

If you are unsure whether a particular item or its value is covered by our insurance, you should ask us before leaving the item with us. Further information about our insurance cover, including applicable limits and exclusions, is available upon written request.

Items in transit

Unless we have expressly agreed to collect artwork or other items from you or to deliver completed framing to you, you are responsible for arranging appropriate insurance for them while they are being transported to or from our premises.

Where we have agreed to collect artwork or other items from you, or to deliver completed framing to you, our responsibility for the item during that period is subject to these Terms of Business and our applicable insurance arrangements.

Risk

Risk in artwork and other items remains with you while they are being transported to or from our premises, except where we have expressly agreed to collect the item from you or deliver the completed framing to you.

Risk in completed framing and any goods supplied by us passes to you when they are delivered to you or, where you have requested shipment, when they are handed to the carrier for delivery.

14. Subcontracting

We may use suitably qualified and experienced third parties or specialist contractors to carry out all or part of the framing services where we consider this appropriate.

Where the use of a particular specialist or third party is likely to materially affect the agreed framing specification, we will discuss this with you before proceeding where reasonably practicable.

We will not be responsible for any delay caused by a third party to the extent that the delay arises from circumstances beyond our reasonable control, subject to the provisions of these terms of business relating to events beyond our reasonable control.

15. Complaints and concerns

We want every framing project to be completed to a high standard and in accordance with the agreed design.

If you have a concern about your completed framing, please contact us promptly so that we can discuss the issue and, where appropriate, inspect the work.

If a fault is found to be the result of our workmanship or materials supplied by us, we will seek to put matters right in accordance with your statutory rights.

16. Liability

We will provide our services with reasonable care and skill.

Nothing in these terms excludes or restricts our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or restricted.

Subject to the above, we will not be liable for any loss or damage which was not reasonably foreseeable by us and you at the time the agreement was made.

We will not be liable for any indirect or consequential loss arising from or in connection with an order, including loss of profit, revenue, business, opportunity, goodwill, anticipated savings or other consequential economic loss.

We will not be liable for loss or damage arising from any pre-existing damage, inherent defect, inherent weakness, instability, deterioration, age-related condition or other characteristic of an artwork or other item which is not caused by our breach of contract, negligence or failure to provide the framing services with reasonable care and skill.

We do not accept liability for sentimental, emotional or personal value attributed to an artwork or other item. Such value is subjective and cannot reasonably be quantified.

Subject to liabilities which cannot lawfully be excluded or limited, our total aggregate liability arising from or in connection with an order will not exceed the amount paid by you for the framing services to which the claim relates.

17. Delay caused by you

We will not be liable for any costs, charges, expenses, losses or additional time incurred or sustained by you to the extent that they arise directly or indirectly from any act or omission by you or by any person acting on your behalf, including your agents, subcontractors, consultants or employees.

Where any such act or omission prevents or delays us from performing our obligations, we will be entitled to a reasonable extension of time and, where appropriate, to recover any reasonable additional costs thereby incurred.

This paragraph is subject to limitations on our liability which are specified elsewhere in these terms of business.

18. Unavoidable events

We will not be responsible for delay or failure to perform an obligation where this results from circumstances beyond our reasonable control, including material shortages, staff shortages, supplier failures, transport disruption, serious illness, fire, flood, industrial action, acts of government or regulatory authorities, war, terrorism, civil disorder or other events which could not reasonably have been anticipated or avoided.

Where such circumstances occur, we will make reasonable efforts to minimise any resulting delay and keep you informed.

19. Privacy

Any personal information you provide will be handled in accordance with our Privacy Policy.

20. Changes to these Terms

We may update these Terms of Business from time to time. The version applicable to your order will be the version in effect when your order is confirmed. No variation to these Terms of Business will be binding unless agreed in writing.

21. Third-party rights

A person who is not a party to the agreement between you and us has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

You and we may rescind, vary or terminate the agreement without the consent of any person who is not a party to it.

22. Written notice

Any notice in writing you give us under these terms of business should be sent to the email address or postal address stated on our website or otherwise provided to you. Any notice we give you will be sent to the email address or postal address you provided to us.

23. Entire agreement and statements

The agreement between you and us constitutes the entire agreement in relation to the framing services and supersedes any previous agreement, understanding or arrangement between you and us relating to its subject matter.

You acknowledge that, in entering into the agreement, you do not rely on, and will have no remedy in respect of, any statement, representation, assurance or other matter not expressly set out in the agreement.

Nothing in this clause excludes or limits liability for fraud or fraudulent misrepresentation, or excludes or restricts any liability or right which cannot lawfully be excluded or restricted.

24. Governing law

These Terms of Business are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the English courts.

© Lamaron Limited