Terms and Conditions | Clifton Gallery

TERMS AND CONDITIONS FOR SALE OF GOODS

Version number: 1

Effective date: 25/11/22

1. Introduction

1.1 We are Clifton Gallery. Our contact information is at the end of this document.

1.2 These are our terms and conditions which apply when you buy any goods via this site. (Separate terms apply to general use of our site.) They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.

1.3 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

2 Changing these terms and conditions

THIS SECTIONS TELLS YOU TO WATCH OUT FOR CHANGES TO THESE TERMS IF YOU BUY AGAIN

2.1 We may change these terms and conditions at any time. Please check them carefully as they will apply to anything you buy after the effective date shown at the top.

3 Giving us accurate information

THIS SECTION HIGHLIGHTS THE IMPORTANCE OF CHECKING THE INFORMATION YOU GIVE US

3.1 You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.

3.2 You must promptly supply us with money laundering documentation we request and we are entitled to suspend or cancel the contract if you fail to do so.

4 How you enter a legal contract with us

THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

4.1 When you place an order, you are making an offer to buy from us.

4.2 If you order online, you place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and sending your order to us by clicking on the “Place Order” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button. We accept your offer and there is a binding legal contract when we send you a confirmation email

4.3 If you order offsite, for example by phone or email, we will send you an offer email or other communication confirming the price. You accept the offer and there is a binding legal contract when you tell us in writing (e.g., by email) that you agree. Unless otherwise stated in the offer, our offer lapses after 14 days.

4.4 However, we are not obliged to supply any goods which are unavailable, even if a contract has been formed. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will cancel the order and arrange for a full refund if you have been charged.

5 Paying us

THIS SECTION EXPLAINS YOUR PAYMENT OBLIGATIONS

5.1 Payment is in advance. Prices and payment methods are as explained on our site. The prices shown include any applicable VAT or other sales tax unless we say otherwise. We are entitled not to send you the goods until we have received full payment in cleared funds.

5.2 Unless we say otherwise at the time of your order as a consumer, we will bear the cost of any applicable royalties due to the artist under the Artist’s Resale Right and you won’t have to pay extra to cover this. Commercial art traders and galleries will bear the cost of any applicable royalties due to the artist under the Artist's Resale Right to the relevant Collection Society involved.

5.3 If you order offsite, we are entitled to end the contract if you haven’t paid us within the period stated in our offer or, if none stated, within 7 days of your order.

5.4 Any applicable delivery charges will be shown when you place your order and may depend on the delivery method chosen. NB Delivery charges don’t include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.

5.5 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order and provide a full refund of any payments already made.

5.6 You agree to contact us immediately with full details if you dispute any payment.

5.7 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our service. We aren’t responsible for what they do or don’t do.

6 Discount codes

THIS SECTION EXPLAINS HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE

6.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 3 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

7 Our right to end the contract

THIS SECTION EXPLAINS WHEN WE CAN DECIDE NOT TO SEND YOU THE GOODS

7.1 We are entitled to end this contract at any time including not sending you the goods if:

a) any amount due to us is unpaid (including unjustifiable chargeback);

b) you or anyone on your behalf acts inappropriately towards our staff; or

c) acting reasonably, we think that you have not complied with these terms or that it is necessary to protect you, us or others.

8 Delivery / collection

THIS SECTION EXPLAINS OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY

8.1 Delivery is only to the countries we specify on our website and is subject to any other delivery restrictions or requirements explained on our site. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area.

8.2 Unless we say otherwise, delivery timescales on our website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.

8.3 Delivery will be complete when we deliver to the address you give us when ordering. We may deliver different parts of your order on different dates.

8.4 You agree to alert us in advance to any access restrictions and we are entitled to abort delivery if reasonable access is not available.

8.5 If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery. If no one is available to accept delivery on a second occasion, we are allowed to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.

8.6 If you haven’t complied with your obligations regarding delivery, we are entitled to abort delivery and/or you must pay us the amount of any resulting courier, warehouse or other fees that we incur. We can require that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).

8.7 If you agree to collect the goods, you must do so within 21 days unless otherwise agreed. If you fail to do so:

a) we are entitled to charge you for storage thereafter at our standard storage rates and/or to cancel the contract in return for a refund excluding storage charges; and

b) you take the risk of loss or damage to the item (excluding deliberate wrongdoing or recklessness on our part).

8.8 You agree to dispose of any packaging and waste arising from delivery/collection of the goods in accordance with all applicable laws and regulations.

9 Inspection

9.1 This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within two business days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement including appropriate high-resolution photos. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.

10 When you become the legal owner of the goods

THIS SECTION EXPLAINS WHEN FORMAL LEGAL OWNERSHIP PASSES FROM US TO YOU

10.1 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf.

11 Small differences in the goods

THIS SECTION EXPLAINS THAT THE GOODS MAY (LEGITIMATELY) BE A LITTLE DIFFERENT TO WHAT YOU EXPECT

11.1 We take reasonable care to ensure that the images and descriptions of goods appearing on our website display their appearance / colour / texture / finish as accurately as possible. However, there may be minor differences between the goods you receive and the way that they appear on our website. For example, the colour of an item on your screen may differ from the way it looks in real life. If you want to be sure, please contact us to arrange to view the item in person or to request additional photos and/or a condition report before you buy.

11.2 In some cases, images and descriptions may be for illustrative purposes only and may not reflect the actual product, e.g., stock images of print or art books.

11.3 You agree that pre-owned items you buy may be subject to minor imperfections including marks or related age damage under mounts/frames that we aren’t able to check . This does not mean that they are faulty. We will of course include any important defects within the product description, or otherwise bring them to your attention before you buy.

12 Consumer legal right to cancel (“cooling off”)

THIS SECTION AND THE ANNEX AT THE END EXPLAIN THE LEGAL RIGHTS THAT YOU MAY HAVE IF YOU WANT TO RETURN UNWANTED GOODS WITHIN 14 DAYS

12.1 If you are a UK Consumer, you may have the legal right to cancel this contract within 14 days of receiving the goods if you comply with the requirements explained in the Annex at the end of this document. This right is not affected by any separate returns policy on our website.

13 Restrictions on our legal responsibility for goods – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

13.2 The following clauses apply only if you are a Consumer:

a) We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.

b) We are not responsible for any loss or damage where:

there is no breach of a legal duty owed to you by us;
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).

c) You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

13.3 The following clauses apply only if you are not a Consumer:

a) Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for the goods.

b) In no event (including for our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.

c) We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.

d) You will indemnify us against all claims and liabilities arising out of or in connection with your breach of this agreement (except insofar as we are at fault).

e) Subject to the other terms of this agreement, we warrant that the goods shall be of satisfactory quality.

f) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

g) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

14 Your personal information

THIS SECTION DIRECTS YOU TO OUR PRIVACY POLICY

14.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

15 Things we can’t control

THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

16 Transferring this contract to someone else

THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

17 English law and courts

THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE

17.1 These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

18General

THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS

18.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

19 Complaints

19.1 If you have any complaints, please contact us via the contact details shown below.

20 Information about us

20.1 Name: Clifton Gallery

20.2 Contact email address: hello@cliftongallery.com. (Please email us if you need our postal address.)

20.3 Other contact information: See our website/contact page

ANNEX

YOUR LEGAL RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)

The following applies ONLY if you have the legal right to cancel this contract (as explained above):

Right to cancel

1 You have the right to cancel this contract within 14 days without giving any reason.

2 The cancellation period will end after 14 days from the day:

a) on which you, or someone you choose, receives the goods;

b) if multiple goods from one order are delivered separately: when you, or someone you choose, receives the last item.

3 To exercise the right to cancel, you must tell us, Clifton Gallery, contact details above, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below, but you don’t have to.

4 To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.

Effects of cancellation

5 If you cancel this contract, we will refund all payments received from you, including delivery charges (except for the additional cost if you choose any delivery option apart from the cheapest).

6 We may make a deduction from the refund for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any reduced value of the goods resulting from handling that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

7 We will make the refund without undue delay, and no later than:

a) 14 days after the day we receive back from you any goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.

8 We will make the refund using the same means of payment you used for the initial transaction, unless you expressly agree otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever we get first.

9 You must send back the goods or hand them over to us (please email us for our returns address) without undue delay and in any event not later than 14 days from the day you send us your cancellation of the contract. The deadline is met if you send back the goods before the 14 days has expired. Just to be clear – you lose your cooling off rights if you don’t send the goods back within this time and there is no right to a refund or exchange thereafter unless you have a separate legal right.

10 You must pay the direct cost of returning the goods. If the goods cannot be sent to us by post, then the cost of returning the goods to us is likely to be in the region of £25 to £400 (depending on the size and nature of the item amongst other things).

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To Clifton Gallery, contact details above:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate

WEBSITE TERMS OF USE

Version number: 1

Effective date: 25/11/22

1 Introduction

1.1 This website is owned and operated by Clifton Gallery. Our contact information is at the end of this document.

1.2 Please read these terms and conditions carefully. They replace any previous versions. Please print or save these terms for future use as we cannot guarantee that they will remain accessible on our website in future. They are available in English only.

1.3 These terms and conditions are a contract between you and us covering use of our website. The sale of goods via our website is subject to separate terms and conditions.

1.4 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

2 Changing these terms and conditions

2.1 We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the new terms if you continue to use our website after the effective date shown.

3 Things you can’t do on our site

3.1 You agree not to do any of the following in connection with our website:

break the law or infringe anyone else’s rights;

send, store, display or link to unlawful, infringing or otherwise inappropriate content;
use offensive, obscene, abusive, discriminatory or other inappropriate language;
provide any information that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally permitted to do so;
disrupt our website, e.g., spam, viruses or phishing;
interfere with or damage our website or gain unauthorised access to any part of our system, data, passwords or otherwise;

intercept or modify communications;
impose an unreasonable load on our website; or
attempt, encourage or assist any of the above.

4 Content on our site

4.1 If you provide content, you are responsible for it. You agree that you have (and will keep) all rights needed to enable us to use it in accordance with these terms and conditions.

4.2 If you post a review, rating or comment you promise that it is your independent, honest, genuine opinion.

4.3 We do not guarantee that any general guidance or similar information that we may make available on our website is accurate or up to date or relevant to you. You rely on it at your own risk.

4.4 We are allowed (without telling you) to reject, suspend, alter, remove or delete content for any reason and to disclose to the police or other relevant authorities or to a complainant any content or behaviour provided we are legally permitted to do so.

5 Other peoples’ services / advertising / websites

5.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

6If you create an account on our site

6.1 If we permit you to create an account on our website, this is for your personal use only. You must not allow anyone else to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

6.2 We are entitled at any time for any reason and with or without notice to close your account on our site.

7 Restrictions on our legal responsibility – very important

7.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

7.2 If you are a Consumer, we are not responsible for any loss or damage where:

there is no breach of a legal duty owed to you by us;
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
such loss or damage relates to a business.

7.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

7.4 The following clauses apply only if you are a business:

In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.

We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

8 Intellectual property rights

8.1 The intellectual property rights in all material used on or in connection with our website are owned by us or our suppliers, partners or other users. You may view such material on your device for your private personal, non-commercial and (if you are a business) your internal business use only. You must not otherwise use such material including copying, publishing, selling or altering it or taking extracts from it without our specific prior written consent.

8.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

9 If our website doesn’t work properly

9.1 We do not guarantee that our website will be uninterrupted or error-free and we are not responsible for any losses arising from such errors or interruptions. We are entitled, without notice and without liability (a) to suspend the website for repair, maintenance, improvement or other technical reason and (b) to make changes to our website.

10 Things we can’t control

10.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

11 Your personal information – see our privacy policy

11.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

12 English law and courts

12.1 These terms and conditions are covered by English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

13 General but important information

13.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. We may transfer this agreement to someone else but this will not affect your rights or obligations. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise.

14 Complaints

14.1 If you have any complaints, please contact us via the contact details shown below.

15 Information about us

15.1 Name: Clifton Gallery

15.2 Contact email address: hello@cliftongallery.com. (Please email us if you need our postal address.)

15.3 Other contact information: See our website/contact page