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Terms of service

TERMS OF SERVICE

Last updated: 8 September 2026

1. ABOUT US

This website is operated by PalettePro Ltd (“PalettePro”, “we”, “us” or “our”).

PalettePro Ltd is a company registered in England and Wales under company number 11940845.

Registered office:
22e West Station Yard
Spital Road
Maldon
Essex
England
CM9 6TS

Trading and office address:
The Old Bakehouse
Fullbridge
Maldon
Essex
United Kingdom
CM9 4LE

Email: admin@shopmichaeljamessmith.com

Our website is hosted using Shopify, which provides the e-commerce platform through which we offer our products for sale.

These Terms of Service govern your use of our website and purchases made through it.

Please read them carefully before using the website or placing an order.

Nothing in these Terms affects any statutory rights you have as a consumer.


2. USING OUR WEBSITE

By using this website, you agree to these Terms of Service and any policies referred to within them.

You must not:

• use the website for any unlawful or fraudulent purpose;
• attempt to gain unauthorised access to the website, our systems or another user's account;
• introduce viruses, malicious code or other harmful material;
• interfere with the security or normal operation of the website;
• scrape, copy or extract website content for commercial use without our written permission; or
• use our intellectual property in a way that is not authorised by us.

We may restrict or suspend access to the website where reasonably necessary for security, maintenance, legal or operational reasons.


3. OUR PRODUCTS

We sell professional art materials and related products, including paints, brushes, painting surfaces, accessories, prints, original artworks, gift cards and other products that may be introduced from time to time.

We make reasonable efforts to ensure that product descriptions, photographs, measurements and other information are accurate.

Colours displayed on a screen can vary depending on the device, monitor and display settings being used. For this reason, the appearance of colours on your screen may differ slightly from the physical product.

Handmade, artist-made and natural-material products may also have small variations in colour, texture, finish or dimensions. These natural or production variations are not necessarily faults.

Product packaging, labelling or presentation may occasionally change without notice where the underlying product remains materially the same.


4. ART MATERIALS AND PRODUCT SAFETY

Some artists' materials contain pigments, oils, mediums or other substances that require appropriate handling.

You are responsible for reading and following any instructions, warnings, labels or safety information supplied with a product.

Products should be used only for their intended purpose and stored appropriately.

Where applicable, keep art materials away from children and animals and do not ingest products unless they are specifically intended for that purpose.

Nothing in this section limits our legal obligations regarding product safety or your statutory rights if a product is defective or unsafe.


5. PRICES

Prices displayed on the website are shown in the currency selected or made available through the website.

Prices may change from time to time, but a change in price will not normally affect an order that we have already accepted.

Any applicable taxes that we are required to collect will be shown as part of the order or checkout process where appropriate.

Delivery charges are shown separately before you complete your purchase.

Although we take reasonable care to ensure prices are correct, errors can occasionally occur. If we discover an obvious pricing or description error before accepting or dispatching an order, we may contact you and give you the option of proceeding at the correct price or cancelling the order for a full refund.


6. PLACING AN ORDER

When you place an order through our website, you are making an offer to purchase the products in your basket.

After placing an order, you should receive an order acknowledgement or confirmation email.

Receiving an automated acknowledgement does not necessarily mean that we have accepted your order.

A contract for the sale of goods is formed when we accept your order, normally when the goods are dispatched or when we otherwise expressly confirm acceptance.

We reserve the right to decline or cancel an order before acceptance where reasonably necessary, including where:

• a product is unavailable;
• there has been an obvious pricing or description error;
• payment cannot be authorised;
• we reasonably suspect fraud or misuse;
• shipping restrictions prevent us from supplying the product to the destination; or
• fulfilling the order would breach applicable law.

If we cancel an order after payment has been taken, we will refund the relevant amount.


7. PAYMENT

Payment must be made using one of the payment methods offered at checkout.

Payment services may be provided by Shopify or third-party payment providers.

You confirm that you are authorised to use the payment method supplied when placing the order.

We do not normally receive or store complete payment card details ourselves. Payment information is processed securely by the relevant payment provider.


8. DELIVERY

Available delivery methods, estimated delivery times and charges are shown during checkout where applicable.

Delivery estimates are estimates rather than guaranteed delivery dates unless we have expressly agreed otherwise.

For UK consumer orders, we will deliver goods without undue delay and normally within 30 days of entering into the contract unless a different delivery period has been agreed with you.

We are not responsible for delays caused by events outside our reasonable control, although we will take reasonable steps to minimise any disruption.

You are responsible for providing a complete and accurate delivery address.

If an order is returned to us because the address supplied was incorrect, incomplete or delivery could not reasonably be completed, we may ask you to pay reasonable additional delivery costs before the order is sent again, where permitted by law.

Risk in the goods normally passes to a consumer when the goods are physically received by you or by a person you have nominated to receive them, other than the carrier.


9. INTERNATIONAL ORDERS

We sell and ship to a number of countries outside the United Kingdom.

International orders may be subject to customs controls, import duties, taxes, handling charges or other local charges.

Unless our checkout specifically states that these amounts have been collected by us, you may be responsible for paying charges imposed by the destination country.

Customs requirements and charges are determined by local authorities and are outside our control.

You are responsible for ensuring that products ordered from us can lawfully be imported into and used in your country.

Certain paints, liquids, mediums or other products may be restricted from particular shipping services or destinations. Where this applies, we may be unable to fulfil that part of an order.

Nothing in this section removes any mandatory consumer rights that apply to you under the law of the country in which you live.


10. YOUR RIGHT TO CANCEL AN ONLINE ORDER

If you are a UK consumer buying goods online, you will normally have a legal right to change your mind and cancel your purchase without giving a reason.

The cancellation period normally ends 14 days after the day on which you, or a person nominated by you other than the carrier, receives the goods.

Where products from the same order are delivered separately, the cancellation period normally runs from receipt of the final item.

To exercise your right to cancel, you must clearly tell us that you wish to cancel before the cancellation period expires.

You can contact us at:

admin@shopmichaeljamessmith.com

You do not have to use any particular wording as long as your decision to cancel is clear.

After telling us that you wish to cancel, you must normally return the goods to us within 14 days.


11. RETURNING GOODS AFTER CANCELLATION

Unless we have agreed to pay the return cost, you are normally responsible for the cost of returning unwanted goods following a change-of-mind cancellation.

Goods should be returned to the return address provided by us when your return is arranged.

You are entitled to examine goods in the same way that you reasonably could in a shop.

If you handle or use goods beyond what is reasonably necessary to establish their nature, characteristics and functioning, and this reduces their value, we may make an appropriate deduction from the refund where permitted by law.

We recommend obtaining evidence of postage or using an appropriate tracked delivery method when returning valuable goods.


12. REFUNDS FOLLOWING CANCELLATION

Where you validly cancel an order under your statutory cancellation rights, we will refund the price paid for the cancelled goods.

We will also refund the cost of our standard delivery option where required by law.

If you chose a more expensive delivery method than our standard delivery option, we are not required to refund the additional cost of that upgraded service.

We will make the refund without undue delay and normally no later than 14 days after:

• we receive the returned goods; or
• you provide satisfactory evidence that you have returned them,

whichever occurs first.

Refunds will normally be made using the original payment method unless otherwise agreed.


13. EXCEPTIONS TO CHANGE-OF-MIND CANCELLATION RIGHTS

The statutory right to cancel does not apply in certain circumstances.

These may include, where applicable:

• goods made to your specifications;
• clearly personalised goods;
• goods that are inseparably mixed with other items after delivery;
• goods that deteriorate or expire rapidly; and
• other categories excluded from cancellation rights by applicable consumer law.

A product is not automatically excluded from cancellation simply because it is limited edition, signed or valuable.

An original artwork or standard print purchased from available stock will therefore not normally be treated as personalised solely because it is unique, signed or part of a limited edition.

However, artwork, prints, framing or other products produced or altered specifically to your individual instructions may qualify as customised or personalised goods.


14. FAULTY, DAMAGED OR INCORRECT GOODS

Your change-of-mind cancellation rights are separate from your rights when goods are faulty, damaged, unsafe, not as described or not fit for purpose.

Under UK consumer law, goods supplied to consumers must be:

• of satisfactory quality;
• fit for their intended purpose; and
• as described.

If you receive a product that is damaged, defective or incorrect, please contact us as soon as reasonably possible at:

admin@shopmichaeljamessmith.com

Please include your order details and, where helpful, photographs showing the problem.

Depending on the circumstances and your statutory rights, you may be entitled to a refund, repair or replacement.

UK consumers may have a short-term right to reject faulty goods within 30 days in circumstances covered by the Consumer Rights Act 2015. Other remedies may continue to apply after this period.

Nothing in these Terms limits those statutory rights.

Where goods are faulty, damaged or supplied incorrectly, we will meet reasonable return costs where we are legally required to do so.


15. PRINTS AND ORIGINAL ARTWORKS

Print sizes and dimensions will be described on the relevant product page.

Small variations may occur as a result of printing, trimming, mounting or production tolerances.

Colours in a physical print may differ slightly from images displayed online because screens emit light whereas printed materials reflect it.

Original artworks may show characteristics of the materials and painting process, including texture, brush marks, impasto, surface variations or other features inherent to an original hand-painted work.

These characteristics are part of the artwork and should not automatically be regarded as defects.

Where a frame is included, this will be stated in the product description.


16. GIFT CARDS

Gift cards are subject to any additional conditions displayed when they are purchased or issued.

Gift cards cannot normally be exchanged for cash except where required by law.

You are responsible for keeping gift card codes secure.

We are not responsible for unauthorised use of a gift card where the code has been disclosed by the purchaser or recipient, except where the loss results from our own failure to exercise reasonable care.

Your statutory rights are unaffected.


17. PROMOTIONS AND DISCOUNT CODES

From time to time we may offer discount codes, promotions or special offers.

Unless otherwise stated:

• promotions cannot be exchanged for cash;
• discount codes must be entered before the order is completed;
• offers may have an expiry date;
• offers may apply only to selected products or customers; and
• different promotions may not be combined.

We may withdraw or correct a promotion where there has been an obvious error, fraud or misuse, provided this does not unlawfully affect orders that we have already accepted.


18. INTELLECTUAL PROPERTY

All intellectual property rights in this website and its content, including photographs, artwork images, videos, graphics, logos, branding, product designs, written material and other content, belong to PalettePro Ltd, its licensors or the relevant rights holder.

Purchasing a product, print or original artwork does not transfer copyright or other intellectual property rights in the underlying artwork or design unless this has been expressly agreed in writing.

You may not reproduce, copy, distribute, commercially exploit, modify or create derivative commercial products from our website content, artwork or designs without permission from the relevant rights holder.

This does not prevent ordinary personal use of products you have purchased.


19. THIRD-PARTY SERVICES AND LINKS

Our website may use or link to third-party services, including Shopify, payment providers, delivery companies and social media platforms.

Third-party websites and services may have their own terms and privacy policies.

We are not responsible for independent third-party websites that we do not own or control.

Nothing in this clause limits our responsibility for third parties acting on our behalf where the law makes us responsible for their actions.


20. ENVIRONMENTAL RESPONSIBILITY AND FRENCH EPR INFORMATION

PalettePro complies with applicable environmental and Extended Producer Responsibility requirements in markets where these obligations apply.

For products and packaging placed on the French market, PalettePro has been issued the following French Extended Producer Responsibility unique identifier:

French EPR Unique Identifier (IDU): FR549783_01QXGV

This identifier is provided in accordance with the applicable provisions of the French Environmental Code relating to Extended Producer Responsibility.


21. OUR LIABILITY TO CONSUMERS

We do not exclude or limit liability where it would be unlawful to do so.

In particular, nothing in these Terms excludes or limits liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of your statutory consumer rights; or
• any other liability that cannot legally be excluded.

If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

We are not responsible for losses that were not foreseeable when the contract was formed.

Products sold through this website are primarily intended for personal artistic and creative use. Unless expressly agreed otherwise, we are not responsible for business losses suffered by a consumer, including loss of profit, revenue, business opportunity or commercial production.

Nothing in this section affects rights that cannot legally be restricted.


22. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for a delay or failure to perform our obligations where this is caused by circumstances outside our reasonable control.

These circumstances may include severe weather, natural disasters, fire, flooding, industrial disputes, war, civil disturbance, epidemics, failures of transport networks, customs disruption, interruptions to communications or technology infrastructure, or government restrictions.

Where an event outside our control materially affects your order, we will contact you where reasonably possible and take appropriate steps to minimise the effect.

Your statutory rights, including rights relating to delayed delivery, remain unaffected.


23. PRIVACY

We process personal information in accordance with our Privacy Policy.

Please review our Privacy Policy for information about how personal data is collected, used, stored and shared.


24. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our business, website, products, services or legal obligations.

The Terms applicable to your purchase will normally be those in force when your order was placed.

Changes to these Terms will not retrospectively remove rights you already have under an existing contract.

The latest version will be published on our website together with the date on which it was last updated.


25. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.

The remaining provisions will continue in effect.


26. NO WAIVER

If we delay in enforcing any right under these Terms, this does not mean that we have waived that right.

A waiver will only apply where we clearly agree to it.


27. GOVERNING LAW AND JURISDICTION

These Terms and contracts made through our website are governed by the laws of England and Wales, subject to any mandatory consumer protection laws that apply to you.

If you are a consumer living elsewhere in the United Kingdom, you may also be entitled to bring proceedings in the courts of the part of the United Kingdom in which you live.

If you live outside the United Kingdom, nothing in these Terms is intended to deprive you of mandatory consumer rights provided by the laws applicable in your country.


28. CONTACT US

If you have any questions about these Terms, an order, return or product, please contact:

PalettePro Ltd
The Old Bakehouse
Fullbridge
Maldon
Essex
United Kingdom
CM9 4LE

Email: admin@shopmichaeljamessmith.com