Terms and Conditions
We reserve the right at any time to change all or any part of these Terms; change the Website, including by eliminating or discontinuing any content on or feature of the Website; and change any fees or charges for use of the Website. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Website, or by e-mail. Your continued use of the Website indicates your acceptance of these changes. You are expected to check this page periodically to take notice of any changes we may have made. You can determine when these Terms were last revised by referring to the "Last Updated" legend at the top of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website. Only persons aged 16 years or over may access the Website and use the services offered by us.
Product(s) means cards, calendars, diaries, prints, posters and other printed materials.
Service(s) means the storage of images, the facilitating of the design of products and the painting and printing of products.
To set up an Account with the Website and become an Account Holder you must fill out a Registration Form. You will be asked to provide an email address. This email address must be accurate, current and complete. Should you register with an invalid email address or an email address belonging to someone else we reserve the right to terminate you account, access to and use of the Website at any time without notice.
As part of the account set-up and registration process you will need to provide a password in order to access your account. You will be entirely responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
The Service is for personal use only.
Setting up an Account with the Website carries no charge. However to use some of our Services and Products on our Website may carry charges. You will be notified of these charges at the time you request the Services or Products.
When you place an order for Services or Products which require a charge you will need to supply a credit/debit card and other personal details so that we may process your order. Any charges for the Services or Products requested will be billed to your credit/debit card once the order has been accepted by us.
In the event you supply invalid credit/debit card details or details of a credit/debit card that belongs to someone else, we reserve the right to terminate your Account at any time without notice.
A condition of opening an Account is your continued "Active Participation" in the Service. Active Participation is defined as making a purchase on the site whether it be photo merchandise, including reprints and enlargements, greeting cards, photobooks or calendars at least once every 365 days. If you cease Active Participation for any reason, we may terminate your Account (or any part thereof) and your use of the Service, and we may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.
Account Holder Conduct
Users of the Website, whether or not Account Holders, may not use the Website to process Prohibited Content. Generally Prohibited Content includes content or other material that we believe:
• is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate
• comprises copyrighted material used without the express permission of the owner
• violates or otherwise encroaches on the rights of others
• contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the website
• advocates illegal activity
• harms anyone, including minors
• provides a link to any of the above
You are not allowed to use the Website (or to copy or use any material from the Website) for any commercial purpose other than to conduct a commercial transaction with us. This includes allowing access to your photo album in return for payment or for any other commercial purpose.
You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on the Website from any copies or printed items taken of material from the Website.
You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this provision may result in immediate suspension of your Account.
We have the sole discretion to determine whether Content is Prohibited Content and any Content submitted to the Website may be subject to examination from time to time. Although we do not have and will not examine or otherwise review all Content submitted or transmitted to the Website, we may delete, move and edit Content for any reason, at any time, without notice. If you become aware of images you feel are unlawful or offensive then please contact us.
All Content (whether private or public) that is processed on the Website is the sole responsibility of the person who submitted it.
By viewing the Website you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure
We do not guarantee the accuracy, quality or appropriateness of Content available through the Website.
We may refuse to provide any further Services to anyone who breaches these Terms.
Descriptions, images, references, features, contents, specifications, products, price and availability of any Services or Products are subject to change without notice. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any Services or Products on the Website at a particular time does not imply or warrant that these Services or Products will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Service or Product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Service or Product.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order you will be charged for the items ordered once your order is accepted by the Website. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Copyright and Publishing Rights
Copyright always rests with the artist, regardless of who owns the artwork in this case ‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’.
You do not own the ‘publishing rights’ to any commissioned portrait/portraits or supplied sample reference photographs/picture/pictures/drawings/sketches supplied to complete the said commissioned portrait/portraits, greeting cards or posters as these remain with 'Foxer Cards', 'Foxer' and the artist 'Alex Benn' and may be used for marketing/publicity or sales purposes.
‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ expressly prohibits the copying of any protected materials on this website, or commissioned portrait/portraits except for limited non-commercial, educational, and personal use only, or for fair use as defined in England and Wales copyright laws. Images from the website and or copying physical products cannot be used for publication or commercial use without the prior written permission from ‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ Rights and Reproductions Department.
‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ cannot grant permission or supply images for works from other collections. Certain images on the Site may be protected by copyright, trademark, rights of privacy/publicity, or related interests owned by one or more third parties. Any permission granted by ‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ extends only to the rights held by ‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ on the images. ‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ makes no representation or warranty whatsoever as to whether any image may be reproduced or used for any purpose, and the licensee shall have sole responsibility for ascertaining whether any additional permissions or consents are required and for obtaining all such permissions and consents.
To submit a request for use of an image from ‘Foxer Cards’, ‘Foxer’ and ‘Alex Benn’ collection, please make contact via post to our publicise address.
a non-refundable 50% deposit is required before beginning a portrait, likeness of the dog, cat, horse or human.
portraits are a subjective representation down to the artist’s interpretation. Suggestions for alterations are very welcome and the artist will endeavour to satisfy the client to the best of his abilities.
If the client is unhappy with the final product and the artist does not believe anything more can be done, the order will be terminated and the client will not need to pay any outstanding monies.
You may cancel your account by contacting us via email or by post. You may be asked to provide proof that the account is yours. Once your account is cancelled your photos, photo albums will be deleted from the Website and your password will no longer allow you to view password protected areas of the Website.
Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
You agree and acknowledge that we in our sole discretion, may terminate your Account (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:
conduct violating these Terms or other policies or guidelines set forth by us elsewhere on the Website
conduct that we believe is harmful to other users of the Website, our business or other third party information providers
conduct that violates the letter or spirit of these Terms.
If you have any questions about the Website or material on the Website then please contact us via email or post.
Customer Satisfaction Guarantee
If an Account Holder is unhappy with any Product produced by the Website (excludes commissioned portraits, fine art prints or canvases) we will reprint the Product concerned provided that the Account Holder has first returned the original Product to us. If the problem cannot be resolved to the Account Holder's satisfaction we will refund any charge made by us for the Product provided that the Product is returned to us within 21 days and the returns form filled in (excludes commissioned portraits, fine art prints or canvases).
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints or claims must be notified to us within 21 days of receipt of products or if you don't receive your products then in a reasonable time after the products were expected to arrive.
If you wish to report any violations of Account Holder Conduct or commercial use then please email us by including 'Complaint' in your title bar.
Governing Law and Jurisdiction
These Terms are to be construed in accordance with the laws of England and Wales and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of the English and Welsh courts.
For the purposes of this statement, “Information” includes:
• all the details we hold about you, (including but not limited to your name, email address, delivery address, billing address, credit or debit card number and expiry date).
• all personal data, if any, about you and, where applicable, family members.
We reserve the right to monitor and store Information relating to who visits the Website principally so that we can ensure the Website is easy to use and identify any areas for improvement.
We may also use Information for any reasonable purpose including but not limited to the following:
• to administer or otherwise carry out our obligations in relation to any agreement you may have with us;
• to track sales;
• to anticipate and resolve problems with our Services and Products;
• to market our Services and Products to you in the future;
• to carry out market research;
• to provide your Information to our business and technical partners who handle orders and process credit and debit card payments and provide a range of services to us.
Whilst we do our best to safeguard your Information we cannot ensure or warrant security of any Information that you may transmit to us.
We will not sell, distribute or disclose your Information without your express consent or unless required or permitted to do so by law.
In addition to personal Information we also collect and analyse data about Account Holders in order to provide a safe environment for all users.
This data may include the type of browser you use, the internet protocol (IP) address used to connect your computer to the Internet, your login, password, computer operating system and platform, Uniform Resource Locator (URL), cookie number, Products and Services viewed by you, and your purchase history.
We may store some information on your computer when you visit the Website. This information facilitates your use of the Website, and ensures that you do not need to re-enter your details on each visit. The information may be stored in a cookie which is required for the shopping basket and other e-commerce facilities to function. You can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it, however switching off cookies may result in the Website having dramatically reduced functionality including, but not limited to, being able to shop on the Website. We do not have any control over cookies which our advertisers or partners may use on the Website.
Please note that the Website contains links to and from other websites including those of our affiliates and business and technical partners. These other sites have their own privacy policies and you should check those policies before using those websites as we do not accept any responsibility or liability for them.
We endeavour to keep our records as accurate as possible. You may review or change the details that you have supplied us by going to the ‘My Account’ section of your homepage of the Website.
You have the right to ask us not to process your personal Information for marketing purposes. We will usually inform you (before collecting your Information) if we intend to use your data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, or by going to the ‘My Preferences’ area of the ‘My Account’ section of your homepage of the Website.
What are Cookies?
Cookies are very small text files that most websites send to your computer when you visit a website. They enable a website to bring up information such as your name, your last order etc. They also make interaction and moving around a website faster and easier for you.
Do we use 'Cookies' ?
Our cookies can't harm your computer. They are not computer programs, and can't read other information saved on your computer. They cannot be used to send viruses, or get information from your computer. We, like most websites, don't store personally identifiable information such as credit card details in cookies, but we do use encrypted information gathered from them to help improve your experience of the site. Things like, helping us to find and sort out problems that may occur while you are on our website.
We also have relationships with very carefully-selected and monitored suppliers who may also set cookies during your visit. These are set so we can analyse the performance of our website and improve it for you. They are also used for re-marketing purposes - in other words to show you tailored advertising from The-Dogs-Doodahs when you visit other websites.
These cookie text files are very very small and take up virtually no storage space on you computer, so won’t make it run slower or reduce your hard drive space either.
You can find more information about cookies here: http://www.aboutcookies.org/
To be able to purchase on our website it is recommended that you have cookies enabled. If you turn your cookies off then you will only be able to browse cards and gifts.
Which cookies do we use?
We use these cookies all of the time:
PHPSESSID - This one is from us and will go away when you finish your visit. It helps the site recognise you as you move from page to page, for example remembering if you’ve already got something in your basket.
__utma, __utma, __utmc, __utmz - This one comes from Google Inc. Google is the most-used search engine on the World Wide Web and we use their analytics systems to track how our site is performing, so we can make improvements to your experience on our website.
How to ensure cookies are being stored?
Most web browsers have cookies enabled, and so you won’t need to do anything. If you want to check cookies are being stored on your computer, or to turn them off you may do so by referring to your internet browser's instructions (usually contained in a section called “Help”).
If you're not sure of the type and version of web browser you use to access the Internet:
• For PCs: Click on 'Help' at the top of your browser window and select the 'About' option.
• For Macs: With the browser window open, click on the Apple menu and select the 'About' option.
How to check cookies are enabled for PCs
1. Click on 'Tools' at the top of your browser window and select Options
2. Click the 'Under the Hood' tab, locate the 'Privacy' section, and select the 'Content settings' button
3. Now select 'Allow local data to be set'
Microsoft Internet Explorer 6.0, 7.0, 8.0
1. Click on 'Tools' at the top of your browser window and select 'Internet options' , then click on the 'Privacy' tab
2. Ensure that your Privacy level is set to Medium or below, which will enable cookies in your browser
3. Settings above Medium will disable cookies
1. Click on 'Tools' at the top of your browser window and select Options
2. Then select the Privacy icon
3. Click on Cookies, then select 'allow sites to set cookies'
1. Click on the Cog icon at the top of your browser window and select the 'Preferences' option
2. Click on 'Security', check the option that says 'Block third-party and advertising cookies'
3. Click 'Save'
How to check cookies are enabled for Macs
Microsoft Internet Explorer 5.0 on OSX
1. Click on 'Explorer' at the top of your browser window and select 'Preferences' options
2. Scroll down until you see 'Cookies' under Receiving Files
3. Select the 'Never Ask' option
Safari on OSX
1. Click on 'Safari' at the top of your browser window and select the 'Preferences' option
2. Click on 'Security' then 'Accept cookies'
3. Select the 'Only from site you navigate to'
Mozilla and Netscape on OSX
1. Click on 'Mozilla' or 'Netscape' at the top of your browser window and select the 'Preferences' option
2. Scroll down until you see cookies under 'Privacy & Security'
3. Select 'Enable cookies for the originating web site only'
All other browsers
Please consult your documentation or online help files.
There are also a number of websites which help you identify cookies and opt out of personalised advertising (sometimes known as behavioural advertising).
Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.
Does this all sound scary and a load of gobbledegook?
We agree. The reason why we have so much information on cookies is because the bigwigs in some high up place decided all websites should have a ‘cookie statement’, we were pretty tempted to put up a big picture of Cookie Monster and make some crunch-crunch noises.
Thing is, whilst we’re much happier getting on with the business of creating funny personalised cards, sometimes you have to just give in and do what the law says you have to do. So, we have cookies- we don’t know how a website would work properly without them really.
They are little techy things which do pretty much no harm (they don’t store anything apart from random bits of text). You could cover your grandmother in them and she wouldn’t bat an eyelid. The monkeys in the tech room rely on them so they can show us pretty graphs about how many of you have visited from East Anglia or where ever and the boss likes to be sure we can say hello when you login (how rude not to!).
That’s about it really.