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Terms and Conditions
Definitions
1.General
2. Price
3. Payment
4. Passing of property
5. Passing of risk
6. Delivery
7. Acceptance
8. Guarantee, refunds and returned goods
9. Cancellation
10. Data protection and privacy
11. Licence agreement
12. Dispute resolution
13. Law
Definitions "The Gallery" means The Brownston Gallery Ltd, 36 Church Street, Modbury, Devon, PL21 0QR. "Customer" or "you" means the person or company who place an order via the website to purchase any of the products. "Products" means the products offered for sale by The Gallery via the website. "The Website" means "thebrownstongallery.co.uk"
1. General
These terms and conditions are applicable to the supply of all Products by The Gallery, to the Customer. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
2. Price
2.1 All prices are quoted in ? Sterling (and are inclusive of VAT), unless otherwise specified.
2.2 Prices for individual pieces of work are exclusive of postage and packing, unless otherwise stated. Full details on delivery, postage and packaging are outlined in section 6.
2.3 VAT (if applicable) and carriage (see Section 6) are added to your order prior to purchase. You will be given the total price of the transaction including any VAT and carriage before you complete you purchase. There are no hidden extra costs. VAT will be added to your order at The Gallery checkout except orders delivered to and paid for from outside of EU (European Union) orders delivered to the EU (not UK) to non-UK businesses giving their VAT registration number.
3. Payment
3.1 Payments must be made in ? Sterling only, unless otherwise specified using any of the cards shown during the payment process. When you have completed your selections you are automatically transferred to our secure server.
3.2 As soon as the transaction is confirmed The Gallery receives an authorisation code from the secure server.
3.3 The secure server is acknowledged as an industry standard for applications requiring a high degree of security.
3.4 After placing an order the Customer will receive an e-mail confirmation of order for the purchase.
3.5 The Customer will be contacted by phone to discuss payment for delivery of items valued at less than ?1,000 in advance of payment being processed (please see Section 6).
4. Passing of Property
The Gallery shall retain legal title to the products until all payment has been made in full by the Customer.
5. Passing of Risk
The risk on the Products shall pass to the Customer on delivery once the products have been signed for. The Gallery shall arrange insurance for all Products in transit only (see Section 6).
6. Delivery
6.1 The Gallery will pay for delivery of Products classified as Paintings valued at ?1,000 and above. These will be delivered on a next day basis (within 48 hours of the online purchase being completed). Customers will be responsible for receiving and collecting, as necessary, any delivery from couriers. The Gallery will insure all items during transit only.
6.2 Customers based in England will pay delivery for all items classified as Paintings valued at ?1,000 or less. The cost is anticipated at between ?20 - ?80 for delivery. All details will be discussed and agreed between The Gallery and The Customer by telephone and/or email in advance of despatch and in advance of payment being processed. The Gallery will insure all Products during transit only. The Gallery will arrange delivery of Products by an approved courier.
6.3 All Products classified as Paintings to be delivered outside of England will be discussed and payment arrangements agreed between The Gallery and The Customer by telephone and/or email in advance of despatch and in advance of payment being processed. The Gallery will insure all items during transit only. Costs for delivery may vary according to location. The Gallery and The Customer will agree costs and payment contributions by The Customer in advance of delivery and in advance of payment being processed.
6.4 All Products not classified as Paintings (including sculpture, glassware, ceramics and jewellery) to be delivered either within England or outside of England will be discussed and payment arrangements agreed between The Gallery and The Customer by telephone and/or email in advance of despatch and in advance of payment being processed. The Gallery will insure all items during transit only subject to agreement with the customer and subject to value of the items and associated insurance costs. The Gallery will arrange delivery of Products by an approved courier.
6.5 The Customer may collect any Products from The Gallery subject to agreement in advance and subject to full payment for The Product having been processed.
7. Acceptance
The Customer shall inspect the goods within a reasonable time after their receipt. (This does not however affect the customer's statutory rights).
8. Guarantee, refunds and returned goods
8.1 Returns Policy ? The Gallery will accept returned goods in line with Statutory rights. Returns for refund will not be processed once the goods have left the gallery premises and the goods are deemed not to be faulty or unfit for purpose. The Gallery will under certain circumstances and under sperate negotiation between the Customer and The Gallery, take goods for sale on behalf of The Customer. In this instance a Gallery commission will be applicable.
8.2 If any Products supplied should be defective or different from those ordered The Gallery will provide an immediate full refund on return of Products.
8.3 Reservation Policy ? In the event that goods are reseverved a deposit of 10% of the value of the goods shall be paid to The Gallery unless otherwise agreed between The Customer and The Gallery. The deposit is un-refundable and will be retained by The Gallery in the instance that the goods are not paid for in full. When the goods are paid for in full the deposit then reverts to part-payment and will be deducted from the full payment price.
In the event that a deposit has been left to secure goods, unless previously agreed, when a period of four weeks elapses from reservation date and no further contact has been made to extend the reservation agreement period, the reservation agreement will then be deemed as null and void and the goods will transfer back to possession for sale to The Gallery. The deposit is non-refundable
8.4 Goods exchanged or replaced for reasons other than complaint will be subject to full delivery charges for new orders. We will not accept responsibility for postal charges or lost items when returning non-defective goods. All returned non-defective goods must be in stock condition and in the original packaging. Please address any returned products to The Brownston Gallery Ltd, 36 Church Street, Modbury, Devon, PL21 0QR
9. Cancellation
The Gallery reserves the right to refuse any order or part of order or to require further or better information to enable it to evaluate or process the order. The Gallery accepts no liability for any failure to ship products where this results from it inability to do so or its decision on reasonable grounds not to do so, provided it takes all reasonable steps to notify the customer within 14 days of order placement that products will not be shipped as ordered. In such cases The Gallery will immediately refund any payments made in full.
10. Data protection and privacy
Please also see the Website?s Privacy Policy for details of our internet privacy policy relating to the website.
The Gallery will not pass any customer details to any third party. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you for two reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future. The type of information we will collect about you includes: your name address phone number email address credit/debit card details We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
11. Licence agreement
The Customer shall respect all license agreements delivered by the copyright owners. The Gallery cannot be held responsible for any misuse constructed by the Customer or any third party.
12. Dispute resolution
12.1 If the Customer has any complaint he or she should contact The Gallery on telephone 01548 831338 or email the complaint to info@thebrownstongallery.co.uk. The Gallery agrees to respond promptly to all complaints in a fair and equitable manner.
12.2 The Gallery and the Customer shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of the supply of Products or these Conditions.
12.3 If the parties cannot settle any such dispute within 21 days it shall be determined by an independent third party jointly nominated by the parties ("the third party"). If the parties shall fail to nominate a Third Party within a further 7 days then the Third Party shall be nominated at the request of either party. The consumer is not compelled to take part in these proceedings.
12.4 The Third Party shall act as an expert and not as an arbitrator whose decision (including as to costs) shall be final and binding upon the parties.
13. Law
These terms and conditions are governed and shall be interpreted in accordance with the laws of England and Wales.
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