1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us at firstname.lastname@example.org to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Air Fine Art Limited, a company registered in England and Wales. Our company registration number is 6129514 and our registered office is at 15 Palace Street, Norwich NR3 1RT. Our head office address is Air Fine Art Ltd, 60 High Street, Bassingbourn, Cambridgeshire SG8 5LE. Our registered VAT number is 902 490348.
2.2 How to contact us. You can find our contact details on our website at www.artiquegalleries.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone, text message or by writing to you at the email address or postal address you provided to us in your order. We may also post general notices not in connection with your order on the website at www.artiquegalleries.com.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place:
(a) for internet sales, once your payment has been processed;
(b) for all other sales when we tell you that we are able to provide you with the product
at which point a contract will come into existence between you and us. In the case of internet sales and telephone sales we will email you to confirm that your order has been accepted (“Order Confirmation”).
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order which will be confirmed in the Order Confirmation or advised to you when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Your ability to place an order. In placing your order with us you confirm that you are over the age of 18. Whilst we sell children’s products, these are available for purchase by adults only.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website or in our brochure.
4.3 Product finishes: Where you require us to deliver to you, artwork products will be fitted with a standard Perspex finish in order to minimise the risk of any damage during transit. At your request when placing your order, we are happy to substitute the Perspex with a glass front. Please note that whilst all glass finished products will be securely packaged for transit we shall not be responsible for any damage to a glass fronted product arising from transit. All glass finished products are provided solely at your risk.
4.4 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
6. Availability And Overseas Orders
7. Providing the products
7.1 When we will provide the products. During the order process we will advise an estimated delivery or collection date, which will, subject to payment (if applicable), be within 30 days after the day on which we confirm acceptance of your order.
7.2 We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product you have paid for but not received.
7.3 Collection by you. If you have asked to collect the product from our premises you can do so at any time once we have notified you that the product is ready. Collection should be between 10:00am and 6:00pm Monday to Saturday and 11:00am and 4:30pm on Sundays. Where the product is not collected within 1 month of us notifying you that the product is ready, we may charge you for storage costs and you will be responsible for insuring the product to its full replacement value.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the product from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver late. You have legal rights if we deliver any products late. Subject to clause 6, if we miss an agreed delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential and this was agreed by us in writing as part of the order process.
7.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them). After that we will refund any sums you have paid to us for the cancelled products and, where applicable, their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.9 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us unless collection is delayed by more than 1 month, in which case you become responsible for the product and for insuring it 1 month after we have advised you that the product is ready for collection.
7.10 When you own goods. For online and telephone sales you own a product once dispatched and in all other circumstances you own the product once we have received payment in full. Where products are collected by or delivered to you ahead of final payment you will hold the product as our bailee until all outstanding balances have been paid in full.
Any product collected or delivered but not fully paid for shall be separately stored by you and we shall remain owner until payment in full is received. We retain the right to enter on to your premises for the purposes of removing the product.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, measurements, requirements for bespoke commissions, contact details and, where applicable, confirmation of dispatch address. We will contact you by telephone or in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.6) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.8). As well a suspending the products we can also charge you interest on your overdue payments (see clause 12.7).
8. Your rights to end the contract
8.1 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11, “If there is a problem with the products”).
8.2 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do,see clause 8.3;
(c) If you have just changed your mind about the product, see clause 8.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.5.
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong (but see clause 7.6 in relation to your rights if we deliver late).
8.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought by telephone or online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. We also offer the following guarantee which is in addition to your legal rights and does not affect them (see clause 11). If you change your mind about a product either before it is delivered or you are notified that it is ready for collection or within 7 days of receiving it or being notified that it is ready for collection, please contact us to arrange a full refund. If you have received the unwanted product you must return it to us at your own expense. This guarantee is only offered to consumers resident in the UK. We do, however draw your attention to clause 8.4.
8.5 When you don’t have the right to change your mind. You do not have the right to change your mind in respect of framed products or any other bespoke or customised product or service offered by us from time to time, including commissioned pieces.
8.6 How long do I have to change my mind? For products bought online or by telephone order which are not covered by clause 8.5 you must notify us within 14 days after the day you (or someone you nominate) receives the goods or are notified they are ready for collection, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to notify us that you have changed your mind about the goods. In all other circumstances you must notify us within 7 days after the day you (or someone you nominate) receives the goods or are notified that they are ready for collection.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is dispatched or receive confirmation that it is ready for collection and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made full advance payment, charge you) any credit or debit card surcharges incurred by us and reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Our telephone number and email address can be found on our website at www.artiquegalleries.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been collected by or dispatched to you or you have received them, you must return them to us. You must either return the products to us in person, post the products back to us or (if they are not suitable for posting) allow us to collect them from you. If you are not returning the products in person please call customer services or email us using the details available on our website at www.artiquegalleries.com for a return label or to arrange collection. If you are exercising your right to change your mind and have purchased by telephone or online you must send off the goods within 14 days of telling us you wish to end the contract and in all other circumstances you must send off the goods within 7 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. These costs of collection may be higher than our charges for standard delivery, but we will only ever charge you the direct cost to us.
9.5 How we will refund you. We will refund you the price you paid for the products including, where appropriate, delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) 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 shop. We will carry out a full quality check before processing any refund.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of a product at a specified cost but you choose to have the product delivered within a shorter timescale or on a named day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then if we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, specific instructions regards commissioned pieces, contact details and confirmation of dispatch address;
(c) you do not:
(i) within a reasonable time, allow us to deliver the products to you; or
(ii) within 6 months of us notifying you that the product is available for collection, collect the product from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will:
(a) for non-bespoke and off the shelf products, refund any money you have paid in advance for products we have not provided but we may deduct or charge you any debit or credit card surcharges and reasonable compensation for the net costs we will incur as a result of your breaking the contract; and
(b) for bespoke products and commissioned pieces, retain any payments made, including by way of deposit, together with the product or commissioned piece.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team or write to us using the telephone number, email address and postal address available on our website at www.artiquegalleries.com. Alternatively, please speak to one of our staff instore.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get an immediate refund.
- up to six months: if your faulty item can’t be repaired or replaced, then you are entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to some of your money back.
11.3 Your obligation to return rejected products. All products should be inspected at time of delivery or collection. Any physical defects should be drawn to our attention at time of collection or, where we deliver the product to you, if you wish to exercise your legal rights to reject products you must inform us within 24 hours of delivery of any physical defects evident from inspection. You should retain the original product packaging and, where possible, record photographic evidence of such defects. You must return the defective products to us in person or post the defective products back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services or email us using the contact details available on our website at www.artiquegalleries.com to report a defect and to arrange a return label or collection. Alternatively, please speak to one of our staff instore.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the product, or as set out in our price list in force at the date of your order (unless we have agreed another price in writing) or on the order pages when you placed your order. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before confirmation of dispatch so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you at our expense.
12.4 Special Offer exclusions. We do not offer discounts on sale items. On certain newly released limited edition prints we are unable to offer discounts for 6 months following their release date.
12.5 Delivery Charges. From time to time we may offer special promotions in connection with free delivery. In all other circumstances delivery prices will be calculated according to number of items and the delivery address and will be confirmed to you ahead of placing your order. Where applicable, VAT will be added to delivery charges. In addition you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.
12.6 When you must pay and how you must pay. We accept payment with MasterCard, Visa, Visa Debit and American Express (in addition to other major credit and debit card operators). Save as set out in those terms and unless otherwise agreed with us in writing, you must pay for the products when placing your order in which case your credit or debit card will be charged prior to dispatch of the products to you. A non-refundable 50% deposit is payable on commissioned pieces at the time of placing your order, with the balance payable on completion of the commission. All delivery costs must be paid in full before dispatch of your product.
12.7 We can charge interest if you pay late. If you do not make any payment to us or we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
12.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We are not responsible for any damage and loss you suffer as a result of your request for a glass front in accordance with clause 4.3.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods and for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products;
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. Subject to clause 15.1 this contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.