Tamar Art Gallery

Terms and Conditions.

In order to make sure you fully understand Tamar Art Gallery and the service we provide please read the following terms and conditions. These are designed to protect you when purchasing Artwork and to ensure we provide a clear and transparent service.

If you are uncertain as to any of this, or would like further information, then please write, telephone or email us before you place the order. Our contact details can be found on the website.

  1. Interpretation.

The following terms shall have the meaning described:

‘Goods’
 means any of the Goods we offer for sale on our web site

‘Artist’
means the person creating and owning the art;

‘Carrier’
means any person or business contracted by us or our Artists to carry Goods from us to you, whether all or part of the distance;

‘Conditions’
means the terms and conditions set out in this document;

‘Consumer’
means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

‘Content’
means information in any form published on Our Web Site by us or any third party with our consent.

‘Contract’
means the legally-binding agreement between you and us for the sale and purchase of Goods which incorporates these conditions;

‘Order’
means your order for the Goods from us, as set out in your order;

‘we, us or our’
means Tamar Art Gallery;

‘P+P’
means the price of postage and packaging.

‘Our Website’
means the entire computing hardware and software installation that is or supports Our Website, the website of Tamar Art Gallery – www.tag.gallery

 

  1. Application of these Conditions and Contract formation

2.1         These terms and conditions apply:

2.1.1      so far as the context allows, 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          By placing an order with Tamar Art Gallery you are entering into a legally binding agreement in accordance with these Conditions.

2.3          Goods advertised may not be available.

2.4          If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
2.4.1      accept the alternatives we offer;
2.4.2      cancel the offer;
2.4.3      leave the order valid, but remove from it the out-of-stock item.

2.4          Any price provided by us for the provision of Goods prior to you submitting an Order is not a binding offer by us to supply the Goods at that price.

2.5          All descriptions, weights and sizes of Goods are those of the original Artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

2.6          Following receipt of full payment, we shall accept your order by email confirmation. This email will also confirm details of your purchase as well as confirming when we will despatch your Order. This confirmation email constitutes our acceptance of your Order and signifies the creation of our contract. If you do not receive an email verification within 24 hours of payment please contact us immediately.

2.7          A Contract will only be formed for the Goods you have ordered, subject to our written acceptance of your Order via email to you saying that your Order has been accepted.

2.8          Orders are accepted at Tamar Art Gallery’s discretion and we reserve the right to refuse any order.

2.9          No variation of the Contract, whether about specified Goods, price or otherwise, can be made afterwards unless the variation is agreed by you and us, and this agreement is evidenced in writing.

2.10        We intend that these Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case for you, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.


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          Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

3.2          Payment may only be made by debit or credit card, through submitting the relevant card details with your Order so we can take payment.

3.3          The total price as shown when completing your order is inclusive of any applicable VAT.

3.4          We reserve the right to change the price of Goods at any time; where an order has been placed and confirmed via email, the price will be the price listed at the time of confirmation.

3.5          In submitting details of the payment card to Tamar Art Gallery you are undertaking that you have full rights and authorisation from the card holder to debit from that account the full price of the order .

3.6          If full payment cannot be obtained, we reserve the right to cancel the Order and to suspend all future Orders if necessary.

3.7          We will not divulge your personal or financial information to any third party without first obtaining your prior permission.

4              Information you give us

4.1          You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

4.2          We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

4          Delivery

4.1          All deliveries will be made by the Carrier to the address stipulated in your Order. It is your responsibility to ensure this information is accurate and that there is someone at the address present to accept delivery.

4.2          Tamar Art Gallery is not responsible for the delivery of any Goods. Artists are notified of the confirmed order and are legally obliged to despatch the Goods within 5 working days. If the Goods have sustained damage during delivery we undertake to refund you the full cost of the Order plus any relevant additional P+P.

4.4          Delivery  may have to be made in instalments if the Goods are not available for delivery at the same time.

4.3          We endeavour to complete delivery by the specified date in our confirmation email. Where no date has been agreed, we aim to deliver the Goods within 10 working days.

4.4          Tamar Art Gallery cannot be held responsible for delays to delivery of the Goods.

4.5          In the unlikely event that we are unable to complete delivery, we will reimburse you the full price as listed at the time of confirmation plus any relevant additional P+P.

5          Orders from outside the UK and Ireland

5.1          We will endeavour to arrange delivery to countries outside the UK.

5.2          For any Order that requires delivery outside the UK, the price of P+P will not be included in the purchase price and there may be an additional charge.

6          Returns and Refunds

Because you are buying the Goods by mail order, you may have a right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000. If you do, these are the terms that apply:

6.1          All correspondence regarding the return of Goods shall be carried out between you and us. You may not contact any artist directly for any reason in relation to your Order.

6.2          You must inform us in writing via email within 7 days of receiving the Goods should you wish to return.

6.3          Your right to return the Goods will not apply if it has been commissioned personally.

6.4          You are responsible for the cost of returning any Goods and must take all reasonable steps to ensure the Goods are delivered safely.

6.4          The Goods must be returned to the Artist within 7 working days after your written confirmation of intent to return, complete and undamaged with all paperwork included. The original packaging should be used and in a reasonable condition.

6.5          After our artist have received the returned Goods, we will credit your credit or debit card with the full purchase price of the Goods returned no later than 30 days from the date of receipt.

6.6          If you do not return the Goods to us, you are still liable to us for the cost.

6.7          We are under no obligation to collect or recover the Goods from you. If we do you shall be liable for our costs.

 

7          Disclaimers

 

7.1          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.

7.2          You are advised that Content may include technical inaccuracies or typographical errors.

7.3         We give no warranty and make no representation, express or implied, as to:

7.3.1      the adequacy or appropriateness of the Goods for your purpose.

7.3.2      the truth of any information given on Our Website;

7.3.4      compatibility of Our Website with your equipment software or telecommunications connection.

7.3.5      compliance with any law;

7.3.6      non-infringement of any right.

7.4          Our Website contains links to other Internet websites. We have neither power nor control over any such website. 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.

7.5          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.

7.6          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.

8          Content and Intellectual Property Rights

8.1          Title, ownership rights and intellectual property rights subsisting in the Content shall remain the sole property of us and/or any other Content provider.

8.2          Statutory copyright laws apply to the Content and your actions as regards the Content is limited accordingly.

9       Contractual Limitation

9.1        Where Goods are provided without specific charge, they are deemed to be free of charge and not associated with any other service for which a charge is made. Accordingly, there is no obligation, contractual or otherwise upon us in respect of these Goods.

10       Rights of Third Parties

10.1        Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

11       Severability

11.1        If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

12       No Waiver

12.1        Any right, power or provision hereunder that is waived by us shall not operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercising any right, power or provision hereunder be interpreted as a waiver.

13       Liability

13.1        We are not liable for any breach of our contractual obligations resulting from causes beyond our reasonable control.

14       Jurisdiction

14.1        This Agreement shall be governed by and construed solely in accordance with the laws of England and Wales.