Terms and Conditions
Valid from 1stFebruary 2019
Legal terms and conditions (Terms and Conditions) of this website selling the Artwork (Goods) via Mywallgallery.co.uk with all its hardware and software (called Platform) to the buyer come into place when the buyer purchases the Goods (enters Contract) from the author of the Goods (Artist). Purchase from our website means that you have accepted the Terms and Conditions of Use. Please, familiarise yourself with the Terms and Conditions which are clearly set out and available to print at any time. Terms and Conditions of Use are only available in English.
The online art gallery is operated by My Wall Gallery Ltd (Company Number: 11746661), with registered office on 287-289 Kenilworth Road, CV7 7EL Balsall Common, e-mail: firstname.lastname@example.org.
The Goods images are for illustrative purposes only even though every care has been taken in order to reflect the most realistic image possible. Framing, media, measures and all other features are specified online to the best of ability. Once you have placed the order, we will contact the Artist to make sure that your order is available and confirm accordingly to you by e-mail.
Terms of usage
Once you have chosen the Goods you are interested in buying, please contact us on email@example.com that we can confirm with the artist the Goods availability. Once the order has been confirmed, you will receive e-mail confirmation. Once you have made the payment, the Artist will dispatch the order directly to the Gallery where your Goods will be inspected and sent directly to you. We do not act as buyer or seller of the Goods(s) that the Seller offers for sale. We are not your agent for any purpose. The Seller, and not us, is responsible for performing the obligations under the terms of any Contract between you and a Seller. Once the order has been dispatched and the purchase confirmation e-mailed to you, only then the contract is made. The Gallery name will appear on your payment statement. The Artist arranges for the dispatch of the Goods(s) you have purchased after receiving our notification of your order. The Sellers are charged by us for acting on their behalf within this capacity. In case the Terms and Conditions of the Website change, the terms that apply to you are those posted on Web Site on the day you ordered your Goods.
Deliveries will be made by the external carrier to the address indicated in your order. You must ensure that someone is present to accept and inspect the delivery. Delivery will be completed when the Goods are delivered to the address you gave when making the order. The Goods will be your responsibility from the completion of delivery and shall there be nobody to inspect them, we will not be able to accept any responsibility for their damage. We cannot be held responsible for any damage to the Goods following the delivery.
Your order will be fulfilled as soon as reasonably possible, unless there is an event outside of the Gallery control, of which you would be notified. In case of multiple order, we will dispatch each item as soon as possible. We will provide you with a tracking number once the Goods have been shipped.
We ship mainly in the UK. In case you place the order for delivery abroad, the Goods may be subject to import duties and taxes applied in delivery destination. You will be responsible for payment of any such import duties and taxes. You will be required to comply with all applicable local laws and regulations and the Gallery will not be accepting any responsibility if you break such law. Delivery prices quotes will be obtained as required. Delivery will be completed when the Goods are delivered to the address you gave when making the order. As in the case of UK orders, the Goods will be your responsibility from the completion of delivery.
Price of Goods and Delivery charges
Goods prices displayed on the Website include VAT where applicable and are set in British pounds and exclusive of delivery charges which are outlined on the website. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
Payment methods for Artworks are specified in the Payments policy. You can only pay for Goods using the payment methods displayed. Payments are debited for the amounts payable. You must pay us the full price in British pounds before we can enter the contract and send to you the Goods. All sums due must be paid to us without any set-off, deduction or counterclaim.
Shall the Seller fail to comply with these Terms, the Seller is responsible for loss or damage you suffer that is a foreseeable result of the Seller’s breach of these Terms or its negligence. Loss or damage is only responsibility of the Seller if they were an obvious consequence of their breach or if they were contemplated by you and the Seller at the time you entered into the Contract.
Warranty of the Goods
We do not offer warranty and make no representation as to: the appropriateness of the Goods, the factual verification of information published on Website, any implied warranty or condition as to merchantability of the Goods and Services for a specific purpose; Website compatibility with your equipment, law compliance, non-infringement of any rights.
Goods warranty can be obtained from the Seller and can be requested via e-mail: firstname.lastname@example.org. If any defect in any Goods appear within 12 months of delivery, you must notify us as soon as you become aware of the defect, giving us full detaiuls. We will then decide, in consultation with you and the Artist, whether the defect is the Artist responsibility. Warranties state that on delivery and for a period of 12 months from the date of delivery, the Goods shall be free from material defects. The warranties do not cover: wear and tear; accidental or willful damage, abnormal storage or working conditions, negligence by you or by third party; accidents, failure to operate or use the Goods in accordance with its intention; alteration or repair by a third party not authorised by the Gallery, any specification provided by you.
This does not affect your consumerlegal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
In case of any possible claims against the Gallery, the Gallery liability is limited to the value of the goods you have purchased. However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence.
Intellectual Property Rights
Title, ownership rights, and intellectual property rights of the Goods displayed on the Website are the sole property of the Website and / or the Artist. The Goods are not to be used for any commercial, business or re-sale purposes but for personal use, unless prior written authorisation has been obtained from the Website and the Artist. No liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity is to be accepted by either the Website or the Seller. It is not permitted to copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website content, in whole or in part, unless expressly permitted in this agreement.
The Website Content may be downloaded only for your own personal use, maintaining all copyright and other notices contained.
In case of any issues, we will try to contact you using the contact details you provided. Shall that not be possible, we will cancel the order and notify you of it in writing. In casethe Seller is unable to supply you with Goods, you will be informed of this by e-mail and your order will not be processed.
All Goods shown on our Platform are subject to availability.
Cancellations and refund rights are stated in our Returns and Refund Policy. As for all the Goods purchased by mail order, you may have a right of cancellation. There is a period of 14 days in which you may cancel the order, starting from the day you receive the Artwork. All correspondence regarding the return of Goods shall be carried out between you and us and the Artist directly may not be contacted for any reason.
To do so, you should contact us in writing by e-mail. The Goods must be returned in its original packaging, including Authenticy Certificates and at your own cost and risk. We suggest purchasing insurance for postage. Your legal rights in relation to Goods that are faulty or not as described are available from your local Citizens' Advice Bureau or Trading Standards office.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non refundable.
You may not cancel orders for artworks commissioned by an artist.
Refunds following cancellations
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
In the event of a dispute arising out of or in connection with these terms, we will aim and you will also agree to attempt to settle the dispute by engaging in good faith in a process of mediation. Arbitration or litigation would be the last resort.
We use your personal information in accordance with our Privacy and Cookies policy. By placing the order on the Website, you agree that you have provided accurate and up to date information about yourself.
Your legal rights
Once a Goods has been purchased, you have legal rights as a consumer in case the Goods are faulty or not as described. Such advice is available from local Citizens' Advice Bureau or Trading Standards office.
We may contact you by e- mail or by pre-paid post to the address you provide to us in your order.
Other terms of contract
In case of any queries, complaints or issues that relate to the orders, please contact us on email@example.com.
Website content may be improved at any time and without advance notice. The Website content may include technical or typographical errors.
Any violation in terms of modification, copying or causing damage to the Website is unlawful in many jurisdictions and may result in criminal prosecution.
Rights of third parties
Nothing in this agreement or within the Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
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.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This Agreement shall be governed by and construed in accordance with the law of England.