Website Terms and Conditions for Sales with The Mirror & Picture Factory and Privacy Policy
This page tells you all the information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between ourselves for the sale of products to you that are transacted solely on this site. These terms do not apply where any part of the transaction has taken face to face in either our retail store or in person at any premise with one of our members of staff. Please read these Terms carefully and make sure that you understand them, before ordering any products from the site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
These terms may be amended from time to time as set out in clause H. Every time you wish to order Products, please check these terms to ensure you understand the terms which will apply at that time of every individual order you may make with us.
Your contract is with The Mirror & Picture Factory (The Company). All contracts are between you and the Company as a separate legal entity. The Owners of the Company have no liability for any acts or omissions on the part of the Company and cannot be held personably accountable for the Companies actions.
These Terms, and any Contract between us, are only in the English language.
A - We are The Mirror & Picture Factory trading as The Mirror Factory, located at Vernon Mill, Mersey Street,. Stockport SK1 2HX
To contact us:
To cancel an order in accordance with your legal right to do so as set out in clause I, you just need to let us know that you have decided to cancel. You can e-mail us at mpfactory@tiscali.co.uk, contact our Customer Services team by telephone on 0161 477 5884 or by letter to our main trading address above. Please ensure that you include details of your order to help us to identify it when corresponding with us. Subject to the terms and conditions listed below, if you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0161 477 5884 or by e-mailing us at mpfactory@tiscali.co.uk
If we have to contact you or give you notice in writing, we will do so by e-mail.
B - Our Products
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
All sizes, weights, capacities, dimensions and measurements have been taken directly from the manufactures' specification however; these may vary slightly due to the nature of the Products.
The packaging of the Products may vary from that shown on the images on our site.
C - Use of our site
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
How we use your personal information
D - We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
E - As a consumer, you may only purchase Products from our site if you are at least 18 years old.
Our shopping pages 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.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause E.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
Your obligation to pay for goods starts once you have clicked the ‘Place Order’ button on our website. This obligation to pay is irrespective of whether you receive an e-mail confirmation of your order.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause L, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
G - Our right to vary these Terms
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
changes in relevant laws and regulatory requirements; and
changes to our internal policy.
If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
Your consumer right of return and refund
H - You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 from the date on which the Contract starts (the day you receive your Dispatch Confirmation email) until 14 working days after your receive your item (the relevant period). This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. If any of the products have been damaged in any way, we will make a 25% restocking fee. This is without prejudice to any other legal rights and remedies. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
You may cancel the contract for Services with immediate effect regardless of clause I by giving us written notice if:
We break this contract in any material way and we do not correct or fix the situation within 30 days of you asking us to in writing;
We go into liquidation or a receiver or an administrator is appointed over our assets;
We change these Terms under clause H to your material disadvantage;
We are affected by an Event Outside Our Control.
Your legal right to cancel a Contract starts from the date of the Contract (the date on which you place your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered.
To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at mpfactory@tiscali.co.uk or by post to The Mirror & Picture Factory, at the main trading address above. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel your Contract we will:
refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause I;
if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
If you have returned the Products to us under this clause I because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
If a Product has been delivered to you before you decide to cancel your Contract:
then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or hand it to our authorised carrier. Please see our Returns policy under clause I for our returns address. If we have offered to collect the Product from you we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
unless the Product is faulty or not as described (in this case, see clause I), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. We charge £25.00 for all collections within the £.00 for all international collections.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause I or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
J - Delivery
We will contact you with an estimated delivery date following receipt of your order. Delivery dates vary dependant on location. If we consider that the delivery of the Product will take in excess of 30 days from the date of the Contract, we will contact you via email. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause R for our responsibilities when this happens.
Any orders placed by Debit or Credit card must be delivered to the card holder’s address as held with their bank.
If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
This clause J only applies if you are a consumer
If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
we have refused to deliver the Products;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under clause J, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
If you do choose to cancel your Order for late delivery under clause 10.7 J, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
K - Price of products and delivery charges
The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause K for what happens if we discover an error in the price of Product(s) you ordered.
Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
< The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
M - How to pay
You can only pay for Products using the following methods:
Debit card.
Credit card.
PayPal ; Can be paid into our PayPal account, please ask for details. Amex is accepted via paypal.
Payment for the Products and all applicable delivery charges is in advance.
N - Manufacturer guarantees
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Q - Our liability if you are a consumer
This clause Q only applies 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.
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.
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.
R - Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause R.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
If you choose to cancel the Contract for an altered item or an item that was not currently in stock due to an Event Outside Our Control, you will be charged up to 100% of the value of the Product following cancellation in accordance with clause I.
S - Communications between us
When we refer, in these Terms, to "in writing", this will include e-mail.
If you are a consumer you may contact us as described in clause 1.1.
If you are a business:
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
T - the important terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause O to the recipient of the gift without needing to ask our consent.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our at clause O, but we and you will not need their consent to cancel or make any changes to these Terms.
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.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
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.
If you are a business, we both irrevocably agree that 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).
Privacy Policy
A. Introduction
1. The privacy of our website visitors is very important to me, and we are committed to safeguarding it. This policy explains what we will do with your personal information.
2. Consenting to our use of cookies in accordance with the terms of this policy when you first visit our website permits us to use cookies every time you visit our website.
B. Credit
This document was created using a template from SEQ Legal (seqlegal.com)
and modified by Website Planet (www.websiteplanet.com)
C. Collecting personal information
The following types of personal information may be collected, stored, and used:
1. information about your computer including your IP address, geographical location, browser type and version, and operating system;
2. information about your visits to and use of this website including the referral source, length of visit, page views, and website navigation paths;
3. information, such as your email address, that you enter when you fill out a contact form on our website;
4. information that is generated while using our website, including when, how often, and under what circumstances you use it;
5. information contained in any communications that you send to us by email or through our website, including its communication content and metadata;
6. any other personal information that you send to me.
Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy
D. Using your personal information
Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website. we may use your personal information for the following:
1. administering our website and business;
2. personalizing our website for you;
3. enabling your use of the services available on our website;
4. supplying services purchased through our website;
5. sending statements, invoices, and payment reminders to you, and collecting payments from you;
6. sending you non-marketing commercial communications;
7. sending you email notifications that you have specifically requested;
8. sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
9. sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
10. providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
11. dealing with inquiries and complaints made by or about you relating to our website;
12. keeping our website secure and prevent fraud;
13. verifying compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); and
14. other uses.
We will not, without your express consent, supply your personal information to any third party for their or any other third party’s direct marketing.
E. Disclosing personal information
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information:
1. to the extent that we are required to do so by law;
2. in connection with any ongoing or prospective legal proceedings;
3. in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
4. to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
5. to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this policy, we will not provide your personal information to third parties.
F. International data transfers
1. Information that we collect may be stored, processed in, and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
2. Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China, and India.
3. You expressly agree to the transfers of personal information described in this Section F.
G. Retaining personal information
1. This Section G sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal information.
2. Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
3. Without prejudice to article G-2, we will usually delete all personal data as soon as that data is no longer required for business purposes.
4. Notwithstanding the other provisions of this Section G, we will retain documents (including electronic documents) containing personal data:
1. to the extent that we are required to do so by law;
2. if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
3. in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
H. Security of your personal information
1. We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.
2. We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
I. Amendments
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you understand any changes to this policy. we may notify you of changes to this policy by email or through the private messaging system on our website.
J. Your rights
You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the following:
1. the payment of a fee of £25; and
2. the supply of appropriate evidence of your identity. For this purpose, we will usually accept a photocopy of your passport or driver’s license showing your current address.
We may withhold personal information that you request to the extent permitted by law.
You may instruct us at any time not to process your personal information for marketing purposes.
In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
K. Third party websites
My website includes hyperlinks to, and details of, third party websites. we have no control over, and am not responsible for, the privacy policies and practices of third parties.
L. Updating information
Please let us know if the personal information that we hold about you needs to be corrected or updated.
M. Cookies
Our website uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. we use both session and persistent cookies on our website.
1. The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
1. I use Google Analytics and on our website to recognize a computer when a user visits the website to track users as they navigate the website and improve the website’s usability, to administer the website and help prevent fraud and improve the security of the website.
2. Most browsers allow you to refuse to accept cookies—for example:
1. in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools,” “Internet Options,” “Privacy,” and then “Advanced”;
2. in Firefox (version 24) you can block all cookies by clicking “Tools,” “Options,” “Privacy,” selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
3. in Chrome (version 29), you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Content settings,” and then selecting “Block sites from setting any data” under the “Cookies” heading.
Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.
3. You can delete cookies already stored on your computer—for example:
1. in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835 );
2. in Firefox (version 24), you can delete cookies by clicking “Tools,” “Options,” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies,” and then clicking “Remove All Cookies”; and
3. in Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Clear browsing data,” and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data.”
4. Deleting cookies will have a negative impact on the usability of many websites.