Exhibition Artwork Sales Terms and Conditions
Terms and Conditions of Sale -
1. These terms and conditions of sale (“Terms”) apply to the sale of all goods either online or in a gallery between the Federation of British Artists (trading as ‘Mall Galleries’) and whose principal place of business is at 17 Carlton House Terrace, London SW1Y 5BD England, United Kingdom (“we/us”) and any visitors (“you”) to the website at www.mallgalleries.org.uk (“Site”) and to an exhibition at Mall Galleries or an exhibition organised by the Federation of British Artists.
2. We may contract with you either as agent of the relevant artist(s) or as principal if we are the seller. No contract shall exist between you and us for the sale of any goods until we acknowledge your Order, confirming availability of the goods and acceptance of your order. These Terms represent the entire agreement between us.
3. By placing an order for any goods with age restrictions, you declare that you are age eighteen or over in order to purchase the goods.
4. The price and description of the goods are displayed on our Site and in the galleries. Such information is subject to change without notice.
5. Subject to clauses 2 and 6, the price you shall pay for the goods is the price displayed on our Site and in the galleries at the time we receive your order. The price of the goods is inclusive of VAT if the artist is registered for VAT or if we contract with you as principal. You may choose to pay, following acceptance of your order by credit/debit card or by visiting us in person at the above address.
6. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel, we shall refund the full amount in accordance with these Terms.
7. COLLECTION OR DELIVERY OF THE GOODS
i. For Online Only Exhibitions. Artworks will be sent directly from the artist to the purchaser. The purchaser is responsible for arranging artwork transportation through a recommended art courier. Mall Galleries will support and facilitate transportation quotes and provide artwork locations where required. Please contact firstname.lastname@example.org or telephone 020 7930 6844 during office hours.
ii. For Exhibitions staged at Mall Galleries or another location Artwork collection can only take place after the close of the exhibition. The earliest date for collection is provided with your receipt. Collection is your responsibility - we do not deliver any goods purchased on the Site. We can advise on suitable couriers or shippers in the event you are unable to arrange collection in person.
If the goods are not collected by you, or on behalf of you, within two weeks of the date of purchase, unless other arrangements have been made, you will be deemed to have received the goods at that point and we will be entitled, with effect from the period commencing fourteen working days thereafter, beginning with the day after the day on which you are deemed to have received the goods, to cancel this contract and to destroy, sell, or otherwise dispose of the goods without your consent. In those circumstances, title in the goods shall not pass to you and we shall refund all charges paid by you for the goods in accordance with clause 20.
8. We endeavour to ensure that all of the items shown on the Site are accurately represented. There may, however, be some slight variations (and this should be expected) between what you see and what you receive in any order, which you agree to accept, provided the variations are not substantial. We may correct any typographical or other errors or omissions in any catalogue, sales literature, quotation or other document relating to the sale of the goods without any liability to you.
9. Neither we nor any of our employees or agents are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any work nor for any other errors of description or for any faults or defects in any work.
10. We will take all reasonable precautions to keep the details of your order and payment secure by using a third-party payment provider whom we believe uses industry standard Secure Sockets Layer (SSL) encryption technology, making our pages secure. Accordingly, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to your information, either on our Site or our payment provider’s.
11. The price of the goods is payable in full at the point of online sale or before collection for those artworks exhibited at Mall Galleries SW1.
12. Receipts for payment are automated following purchases made online from the Site. If the goods are not paid for in full on or before collection, they shall remain the property of the artist until payment is received from you.
13. All goods are subject to availability. Any order placed for goods shall constitute a reservation only of the item until we have had an opportunity to verify its availability and notify you by email that your order is confirmed.
14. Risk of loss of or damage to the goods passes to you on collection, whether or not the price has been paid.
15. If the goods have been fully paid for, you will become the owner of the goods when they have been collected by you staged at Mall Galleries or by courier online only exhibitions.
RIGHT TO CANCEL
17. You may cancel an order for goods for any reason within fourteen working days, beginning with the day after the day on which you received the goods.
18. If you cancel an order within this timeframe, you should notify us in writing at the email address given in clause 1 or by using the cancellation form set out in the Schedule and sending it to us. You will be responsible for the cost of returning the goods.
19. When returning goods, it is your responsibility to take reasonable care to see that the goods are not damaged, either whilst in your possession or in transit. We reserve the right to deduct a charge to put the item back into the condition in which it was sold where it has been damaged or is showing signs of wear and tear.
i. For Online Only Exhibitions. Goods should be returned to artists at your cost. Mall Galleries will support and facilitate transportation quotes and provide artwork locations where required. Please contact email@example.com or telephone 020 7930 6844 during office hours.
ii. For all other Exhibitions. Goods should be returned to Mall Galleries address, as displayed on the Site.
20.You must return the goods within fourteen days of cancellation and at your own expense. We shall provide a full refund for goods returned or cancelled in accordance with these Terms and paid for by you, free of charge, as soon as possible and in any event within a period not exceeding fourteen days of receiving the goods back or receiving proof that they have been sent back (whichever earlier). Any other refund not satisfying the above conditions will be made at our discretion only. Your statutory rights are not affected. Please see the Schedule for our cancellation form which should be filled out in order to cancel your order (although it is not essential to use our form).
21.The goods are warranted free from defects in material and workmanship for [three months] from delivery. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect your rights as a consumer.
22.If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, please email us at the address given above.
24. In some cases, we work with external suppliers to provide certain services, such as payment processing. All data is transferred securely and all external suppliers have signed data processing and confidentiality agreements with us.
25. We will never sell, rent or exchange your details with any third parties outside of Mall Galleries / Federation of British Artists.
26. From time to time, we would like to contact you with details of, and invitations to, other events and exhibitions at Mall Galleries and to send you other FBA and Mall Galleries marketing and fundraising materials. We will never do so without your consent, which can be given when you place your order for goods. You can opt-out or update your consent to receive these communications at any time in the future by emailing firstname.lastname@example.org or by writing to us at the Federation of British Artists, 17 Carlton House Terrace, London SW1Y 5BD. You can also opt-out from all future emails via the unsubscribe link at the bottom of all our emails.
27. You are responsible for informing us of changes to your personal details. You may also instruct us to provide you with any personal information which we hold about you through making a Subject Access Request. Such requests have to be made in writing. To make a request contact us at email@example.com or by post to the Federation of British Artists at the above address.
30. If either you or we are in breach of these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach and shall not in any event include losses related to any business of yours such as lost data, lost profits or business interruption.
31. The entire liability of either you or us in respect of any claim in connection with these Terms shall not exceed the price paid for the goods in question.
32. We shall not be liable to you for any failure to deliver the goods that have been ordered by you or any delay, damage or defect to the goods collected which is caused by any event or circumstance beyond our reasonable control.
33. English law applies to these terms and conditions and any sale of goods to which they apply and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.
PRO FORMA CANCELLATION FORM
To: Federation of British Artists, 17 Carlton House Terrace, London, SW1Y 5BD
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] ordered [*]/received on (insert date)
Name of buyer(s):
Address of buyer(s):
Signature of buyer(s) (only if this form is notified on paper),
[*] Delete as appropriate.