These are the terms and conditions of sale from the SOUTHWOLD GALLERY LIMITED’s website, to you the CUSTOMER, first issued 14th September 2016.
By using SOUTHWOLD GALLERY LIMITED’s website in any way, or by buying from us, you agree to be bound by them.
Purchases of GOODS from this site are limited to persons over the age of 18 years.
SOUTHWOLD GALLERY LIMITED
64a High Street,
visitor to SOUTHWOLD GALLERY LIMITED’s WEBSITE / our CUSTOMER
In this agreement:
"Carrier” means any person or business contracted by us or our artists to carry Goods from us to you.
“SOUTHWOLD GALLERY LIMITED’s WEBSITE” means the entire computing hardware and software installation that is or supports our Website.
“Goods” in this context means any of the Goods we offer for sale on our website
“Content” means information in any form published on our Website by us or any third party with our consent.
2 SOUTHWOLD GALLERY LTD contract with YOU
2.1 These terms and conditions apply:
2.1.1 to you as a visitor to our Website; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 In order to buy Goods from our Website, you carry out your selection through to payment completion. We shall accept your order via e-mail confirmation. We will email you to confirm details of your purchase and tell you when we shall send your order.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on our Website on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the original artist (for whom we sell their work on consignment) which may not be entirely accurate. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, we will inform you. If this happens you may accept the alternatives we offer or cancel your order;
2.7 Your contract is with us, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Goods, returns, commissions or refunds.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 All online payments shall be via PayPal and governed by their Terms and Conditions in relation to this sale.
5.1 Deliveries will be made by the Carrier to the address stipulated by you in your order, we can accept no responsibility for incorrect addresses. You must ensure that you or someone representing you is present to accept delivery, if no one is available the carrier may re-deliver or ask you to collect from their local depot, which you must do at your own cost.
5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6 Orders from outside the UK mainland
6.1 We only accept online orders from residents within the UK mainland (whose delivery address is also in the UK mainland).
7 Returns and refunds
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 All correspondence regarding the return of Goods shall be carried out between You and the SOUTHWOLD GALLERY LIMITED. You may not contact any artist directly for any reason.
7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods
7.3 In any event, you may not cancel orders for artworks commissioned by an artist.
7.4 The Goods must be returned to the SOUTHWOLD GALLERY within 21 days of delivery:
7.4.1 with both goods and all packaging in their original condition;
7.4.2 securely wrapped;
7.4.3 including our delivery notification;
7.4.4 at your risk and cost.
7.5 After our artist has received the Goods in perfect condition as sent by us, we will credit you with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.6 If you do not return the Goods to us, you are still liable to us for the cost.
7.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8.1 We or our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on sur Website;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of our Website with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Website mat, at times contain links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the purchase of Goods.
8.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, copyright and intellectual property rights, unless otherwise stated by us in writing, in the Content whether provided by us or by any of the artists we represent shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
11 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
12 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
13 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England.