GALLERY TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
Your attention is particularly drawn to the Limitations of Liability set out in clause 10.
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
“Force Majeure Event”
shall have the meaning given in clause 11.
the products that we are selling to you.
your selection of the Goods from stock or display in our gallery or your order for the Goods as set out in our Sales Invoice.
the terms and conditions set out in this document.
Eaton Fine Art Limited, registered in England and Wales under company number: 09273129
Eaton Fine Art Limited Manor Court Chambers, Townsend Drive, Nuneaton Warwickshire CV11 6RU
or written includes faxes, letters and e-mail.
the person, persons or body corporate which is buying Goods from us.
1.2 Headings do not affect the interpretation of these terms.
- Basis of Sale
2.1 These Terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods and supersede and extinguish all previous agreements, promises, assurances, representations and understandings between us. Please check that the details in the Terms or on the Order (where applicable) are complete and accurate before you commit yourself to the contract. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. When you are ordering Goods from us, please ensure that you read and understand these Terms before you submit your Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Eaton Fine Art Limited is not regulated by the Financial Conduct Authority and is not authorised to offer advice on current and future investment, whether regulated or unregulated. If you are making investment decisions, you should seek advice from an independent financial advisor or other regulated professional. Investments in art can go down as well as up. Eaton Fine Art Limited gives no guarantee, warranty or representation as to the investment potential of the goods that it offers for sale.
2.3 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
2.4 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.5 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.6 These Terms shall become binding on you and us when:
2.6.1 we issue you with a Sales Invoice; or
2.6.2 we notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection from the gallery or for delivery to you.
2.7 Please quote the Sales Invoice number (where applicable) in all subsequent correspondence with us relating to the Order.
2.8 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
- The Goods
3.1 We warrant that on delivery and for a period of 7 days from the date of delivery or the date upon which we notify you that the Goods are ready for collection, as the case may be, the Goods shall:
3.1.1 conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation;
3.1.2 be of satisfactory quality;
3.1.3 be fit for any purpose we represent in writing the Goods are fit for or for any reasonable purpose for which you use the Goods;
3.1.4 be free from material defects in design, material and workmanship unless already declared at point of sale; and
3.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
3.4 We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
3.5 These Terms apply to any repaired or replacement Goods we may supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
3.6 It is your responsibility to examine your artwork carefully for any damage and to contact us within 24 hours of receiving the Goods should any defects be identified, in order that we can take the necessary steps to repair, replace, or if necessary refund the Goods (see Returns). We therefore request that upon receipt of your artwork you remove all packaging and inspect the piece closely to ensure that it is in the condition declared when the Order was placed. Any delay to you notifying us might impact upon our ability to rectify the issue for you.
3.7 When caring for your artwork, please take care when hanging your artwork or displaying your sculpture to avoid direct sunlight, Ultra Violet light, direct heat or any particularly damp conditions. If your artwork has a hand applied resin finish, note that all resin coats can scratch, mark and can discolour and age over time. When cleaning, never use water and avoid chemical and abrasive cleaners. We are unable to be held liable for conditions of use or storage within your home.
3.8 Some artworks may have the occasional mark or dent to the frame, and will be sold as seen at a discount to take into account any damages. All efforts will be made to make the buyer aware of these when the Order is placed. Any cosmetic changes can be organised at an additional cost.
4.1 You may collect the Goods from us or, if specified at the point of Order and for an additional charge, we will arrange delivery of the Goods to you.
4.2 Delivery of the Order will be completed when either we or our delivery couriers deliver the Goods to you or we make the Goods available for collection by you.
4.3 We will take reasonable steps to meet any estimated delivery or collection date specified in the Order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new estimated date with you.
4.4 If you fail to take delivery of the Goods within seven calendar days of the date on which we notify you that the Goods are ready then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
4.4.1 we will store the Goods until delivery takes place and reserve the right to charge you a reasonable sum (currently £10 a day), to cover storage costs thereafter such as expenses and insurance; and
4.4.2 we shall have no liability to you for late delivery.
4.5 If at our sole discretion we agree to store the Goods once purchased by you, then such storage shall be at your sole risk. We reserve the right to request the artwork be collected or delivered at any time.
4.6 If you have not taken delivery of the Goods within fourteen calendar days of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, credit the balance to a client account held by us or charge you for any shortfall below their price.
4.7 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.8 If we fail to deliver the Goods, our liability shall be limited to refunding the price of the Goods.
5.1 In the unlikely event that the Goods do not conform with these Terms, please let us know within 24 hours after delivery or collection. We may require you to send us photographic evidence of the damage for insurance purposes. We will ask you to return the Goods to us or (at our option) arrange collection and once we have checked that the Goods are damaged or defective, we will either (at our option):
5.1.1 provide you with a full or partial refund (including refund of any reasonable delivery charges which you have incurred); or
5.1.2 replace the Goods; or
5.1.3 repair the Goods.
5.2 Goods will not be accepted for return unless we are reasonably satisfied that they are damaged or defective.
5.3 Goods to be returned by you to us must clearly show the Eaton Fine Art address or the correct labelling required for collection/delivery to take place.
5.4 If you are returning goods to us then you are responsible for packaging the goods to the same or better standard as the goods arrived in. Any damage to the goods as a result of inferior packaging will be your responsibility.
5.5 These Terms will apply to any replacement Goods we supply to you.
5.6 Please note that no claims will be accepted in respect of any changes in colouring of artworks which have occurred through natural processes.
6.1 If you are contracting as a consumer and your Order is not taken in person at our business premises, you may cancel your contract to purchase the Goods at any time within 14 days, beginning on the day after you receive the Goods. This right of cancellation does not, however, apply in the case of bespoke Goods made or commissioned to your specific order. To cancel a Contract, contact must be made by email at firstname.lastname@example.org or by post to Eaton Fine Art Limited, 8 High Street, Poplar Arcade, Touchwood Shopping Centre, Solihull, B91 3TB. Any cancellation notice must include details of your order and invoice number, and must be sent within 14 days of receipt of the Goods. Postal communication should be sent on recorded delivery for proof of postage.
6.2 If you cancel your Contract we will:
6.2.1 refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a retail outlet;
6.2.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
6.2.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
18.104.22.168 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Goods back into the business.
22.214.171.124. if you have received the Goods and we have offered to collect them from you: 14 days after the day on which we receive the Goods back into the business.
6.3 We will refund you on the credit card or debit card used by you to pay. You will be required to give the card information in order to process any refund. If you used vouchers to pay for the Product we may refund you in vouchers.
6.4 You can either return the cancelled Goods to us in-store or hand them to an approved carrier. If we have offered to collect the Goods from you, we will collect the Goods from the address to which they were delivered and we will contact you to arrange a suitable time for collection and reserve the right to charge you the direct cost to us for collection. If we have not offered to collect the Goods from you, we advise that you use the carrier which delivered the Product to you, and these costs should not exceed the sums we charged you for delivery. If the Product is faulty or not as described (in this case, see clause 5.1), you will be 100% responsible for the cost of returning the Products to us.
6.5 Apart from the special circumstances described above, you may only cancel your order with our agreement. Any deposit held will be used to defray our initial costs and expenses of fulfilment and any remaining deposit (or part of it) will be retained by us to be used as a credit against the purchase of other Goods for the same or higher price. In the case of Goods which we are unlikely to be able to use or sell elsewhere, we may, if we have agreed to a cancellation, also deduct the value of these items from your deposit and ask you to pay any additional amount if their value is more than the amount of your deposit.
6.6 Advice about your legal right to cancel the contract is available from your local Citizen’s Advice Bureau or Trading Standards Office.
- Title and Risk
Ownership and Responsibility of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges, and when you are notified that the artwork is available for collection from the gallery/delivery has been arranged.
- Price and Payment
8.1 All RRPs stated are the release prices and are likely to increase over a period of time.
8.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
8.3 These prices exclude delivery costs, which will be added to the total amount due.
8.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on the Order, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.
8.5 Payment in cleared funds for all Goods must be made at the time when goods are collected or with the Order, as the case may be. We accept payment by cash (subject to Money Laundering Regulations), credit finance (subject to status) and most debit and credit cards.
8.6 We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the Goods and these are and will remain your responsibility.
8.7 If we agree at our sole discretion to allow the Customer to make payment of the Goods by way of instalments paid directly to the gallery on a payment plan:
8.7.1 we will agree the instalments in writing with the Customer when the Order is placed. The standard length of an in-gallery payment plan is 4 instalments with the full sale price split evenly across payments, with the first payment due on agreement of the Sale and the following payments due on an agreed date for the following 3 months.
8.7.2 the Goods will remain the property of Eaton Fine Art until paid for in full.
8.7.3 if the Customer fails to make an instalment payment when due, the Customer will be treated as having breached the order terms and we reserve the right to cancel the Order, refund the instalments received and resell the Goods at whatever price we decide.
8.7.4 we reserve the right to charge interest on the overdue amount at the rate of 8% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
8.7.5. The Customer has 14 days from the point of sale to cancel the in-gallery payment plan, upon which their initial payment will be refunded to them. If the Customer decides to cancel after 14 days, we reserve the right to keep any payments made, up to the value of 50% of the sale price.
8.8 If you order bespoke commissioned Goods and pay a deposit on ordering, the balance of the purchase price shall be due and payable on us notifying you that the bespoke Goods are ready for collection. Failure to pay the balance of the price will result in you forfeiting your deposit.
- Original Works
Where we have commissioned and/or sold to you an original work of art, then no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred. All such rights are expressly reserved to us and we do not guarantee that any such rights either will or will not be exercised.
- Limitation of Liability
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
10.2 Provided that we have taken all reasonable steps to establish the provenance of an original work, in the event of it being established that such work is not attributable to the relevant artist, our liability shall be limited to refunding the original cost of the artwork to you and we shall not be responsible for any loss of anticipated investment value.
10.3 You acknowledge that in entering into this contract you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or otherwise confirmed by us in writing.
10.4 We do not exclude or limit in any way our liability for:
10.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
10.4.2 fraud or fraudulent misrepresentation; or
10.4.3 any other liability which we are unable to exclude by law.
- Events Outside Our Control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
11.2.1 strikes, lock-outs or other industrial action; or
11.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
11.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
11.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
11.2.5 impossibility of the use of public or private telecommunications networks.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent either by email to email@example.com or by post to Eaton Fine Art Limited, 8 High Street, Poplar Arcade, Touchwood Shopping Centre, Solihull, B91 3TB. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post via recorded delivery and, in the case of an e-mail, that the e-mail was sent at the correct time to the specified e-mail address of the addressee.
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
14.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14.4 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
- Gift Vouchers/Discount Codes
15.1 Vouchers cannot be redeemed in cash.
15.2 Eaton Fine Art Limited reserves the right to extend, terminate or suspend discount codes or offers at any time, therefore making unused vouchers and discount codes void.
15.3 Discount codes cannot be redeemed against new releases, commissions and varying specific artworks which are excluded from any offer available.
- Free Gifts
16.1 We may occasionally run “Free Gift” offers and promotions when you purchase qualifying items or place a qualifying order. These promotions are subject to the following terms and conditions;
16.1.1 The free gift cannot be substituted for any other item, cash or credit
16.1.2 The free gift will be sent/provided with your order, or will be sent on/provided at the earliest opportunity.
16.1.3 Placing multiple orders or orders for multiple items does not entitle you to more than one free gift
16.1.4 Only one free gift per order, per person, per address for the duration of the offer / promotion (If you place more than one order with us in the period the free gift offer is running, you will only receive the gift on your first order), unless otherwise stated.
16.1.5 The free gift will be dispatched/provided with the relevant items from your qualifying order
16.1.6 You must be over 18 years old to partake in this promotion.
16.1.7 If a customer wishes to return an order or item which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.
16.1.8 This promotion or offer is valid within the dates as stated on the relevant promotional material or website page
16.1.9 In the event of any dispute, the decision of Eaton Fine Art Limited is final
16.1.10 We reserve the right to amend these terms and conditions at any time. If we do this we will publish the amended terms and conditions on this page.