Our Terms of Sale

This is the information you need to know when considering a purchase from our online collection

 

CONTRACT FORMATION

1. These terms and conditions (“Terms”) apply to the sale of all goods online between the Mall Galleries Trading Ltd (trading as ‘Mall Galleries’) and whose principal place of business is at Mall Galleries, 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”).  For all pre- and post-sale enquiries, please contact info@mallgalleries.com or telephone 020 7930 6844 during office hours.
2. We may contract with you either as agent of the relevant artist(s) or as principal if we are the seller.  Please see these Terms and Conditions for further details.
3. No contract shall exist between you and us for the sale of any goods until we accept your order after payment online, confirming receipt and acceptance of the order.
4. 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.
5. The price and description of the goods are displayed on our Site.  Such information is subject to change without notice.
6. Subject to clauses 2 and 7, the price you shall pay for the goods is the price displayed on our Site 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 by credit/debit card or by PayPal.
7. 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.
8. Any goods ordered will be delivered at no extra cost to your address in the United Kingdom. If your address is outside of the mainland UK, delivery charges will apply - please contact us for further information. If you wish to collect the goods from us, please contact us at enquiries@mallgalleries.com.
9. 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 online entry, sales literature, quotation or other online document relating to the sale of the goods without any liability to you.
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 point of sale.
12. Receipts for payment will be sent by email after payment for any purchases made online from the Site. All goods remain our property until payment is received from you.

AVAILABILITY

13. All goods are subject to availability.
14. If we are unable, for any reason, to deliver the goods ordered by you, we will inform you of this as soon as possible and give you the option of providing you with substitute goods of equivalent quality and price.  If you choose to receive the substitute goods, we shall pay for the cost of you returning the substitute goods to us under your right to cancel.  If you have already paid for the goods and choose not to receive substitute goods, a full refund will be made as soon as possible and in any event within fourteen days, beginning with the day on which your notice of cancellation was given.

DELIVERY

15. Delivery can only be made to the mainland UK. Delivery will be made as soon as possible after your order has been accepted, and in any event within thirty days of your order.  If we are unable to deliver the goods within thirty days of your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your credit card for the goods.  We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
16. We will deliver the goods ordered by you to the address given by you for delivery at the time you place the order.  If there is no-one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.
17. We will bear the risk of the goods delivered to you whilst in transit, unless you have chosen your own courier, in which case the risk will pass when we have delivered the goods to your chosen courier. 
18. Where you have elected to collect the goods, you must pick them up within two weeks of the date of purchase, otherwise they will be delivered to you in accordance with clause 15.

RIGHT TO CANCEL

19. 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.
20. 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 below and emailing it to us at the above address. You will be responsible for the cost of returning the goods.
21. 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 back to us and are received by us at our address for returns, as displayed on the Site and in the cancellation notice set out in the Schedule below.  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.
22. 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 as soon as possible and in any event within a period not exceeding fourteen days of receiving the goods back or 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 details of the form which needs to be filled out in order to cancel your order (although it is not essential to use our form).

YOUR DETAILS

23. The personal information you give us when placing your order will be held by us in accordance with all current data protection legislation and in accordance with our privacy policy. It will only be used by us to administer your order and related payment.
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 admin@mallgalleries.com 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 admin@mallgalleries.com or by post to the Federation of British Artists at the above address.

WARRANTIES

28. 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.
29. 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.

LIABILITY

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.

FORCE MAJEURE

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.

GOVERNING LAW

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.

 

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Mall Galleries Trading

17 Carlton House Terrace

London

SW1Y 5BD

Telephone: 020 7930 6844

Fax: 020 7839 7830

Company Registration No: 6315430

VAT Number: 891 5884 69

SCHEDULE

PRO FORMA CANCELLATION FORM

To:  Mall Galleries, 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),

Date:

[*] Delete as appropriate.