TERMS & CONDITIONS
In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring to The Churchward Gallery.
These Terms will apply to any contract between us for the sale of Artwork to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Artwork from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Artwork from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.thechurchwardgallery.com
1.2 Contacting us: You can also e-mail us at gary@thechurchwardgallery.com
2. OUR ARTWORK
2.1 The images of the Artwork on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Artwork. Your Artwork may vary slightly from those images.
3. HOW WE USE YOUR PERSONAL INFORMATION
3.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
3.2 One such use is to comply with Anti-Money Laundering Legislation. When required, we are legally obliged to carry out checks using personal information provided and request further information if necessary. We will inform you whenever these checks are carried out, however consent is not required to do so.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Artwork has been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.
4.3 If we are unable to supply you with an Artwork, for example, because that Artwork is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount including any delivery costs charged as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Artwork from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.
5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Artwork or just the Artwork you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artwork you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 6 only applies if you are a consumer and your order is completed and shipped to an address within the United Kingdom.
6.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 However, this cancellation right does not apply if you purchase a bespoke artwork such as with a custom-made frame, a commission or is an exclusive print-on-demand timed-released print.
6.3 Except in the case where goods are received damaged (and then only in accordance with the appropriate terms and conditions) returns will not be accepted from outside the United Kingdom for any reason.
6.4 Your legal right to cancel a Contract starts from the date when we confirm despatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract End of the cancellation period
6.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email gary@thechurchwardgallery.com. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also contact us by any method shown in clause 1.2. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
You will need to cover the cost of returning your order back to us.
6.6 If you cancel your Contract we will:
(a) refund you the price you paid for the Artwork. 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 shop.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
6.7 If you have returned the Artwork to us under this clause 6 because they are faulty or misdescribed, we will refund the price of the Artwork in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.8 We will refund you by the same payment method used by you to pay. If you used vouchers to pay for the Artwork we may refund you in vouchers.
6.9 If an Artwork has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 5 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us at the address given in clause 1.2.
(b) unless the Artwork is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Artwork to us.
(c) to ensure the returned items are received back in 100 % resaleable condition, we advise using the same delivery service and packaging (where possible) used for their original despatch and items should be fully insured.
6.10 Because you are a consumer, we are under a legal duty to supply Artwork that is in conformity with this Contract. As a consumer, you have legal rights in relation to Artwork that is faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.
6.11 Any refunds requested with a value over or equal to £1,500 will be processed within 30 working days from day of request.
7. DELIVERY
7.1 Delivery of an Order shall be completed when we deliver the Artwork to the address you gave us and the Artwork will be your responsibility from that time.
7.2 You own the Artwork once we have received payment in full, including all applicable delivery charges.
7.3 In the event the packaging is obviously damaged on arrival you should refuse delivery whereupon the Artwork will be returned to us for appraisal.
7.4 Where you take delivery of the package you have 48 hours from the time of delivery to contact Customer Services by email to inform us of any damage subsequently discovered. All packaging must be retained and where possible please include photos of the damage. Our team will contact you with instructions on how the Artwork will be returned. Failure to comply with these terms may affect your right to a refund or replacement.
7.5 We dispatch unframed orders within 2-7 working days and framed orders within 7-21 days, subject to availability.
7.6 Dispatch time can vary depending on our stock availability.
7.7 We make every attempt to have available your chosen artwork, however, due to popular demand, prints can temporarily go out of stock.
8. INTERNATIONAL DELIVERY
8.1 If you order art from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the art is destined. We will not be liable or responsible if you break any such law.
9. PRICE OF ARTWORK AND DELIVERY CHARGES
9.1 The prices of the Artwork will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of all Artwork are correct at the time when the relevant information was entered onto the system.
9.2 Prices for all our Artwork may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of all Artwork delivered in London does not include delivery charges. UK and worldwide delivery charges are as advised to you during the check-out process before you confirm your order.
10. HOW TO PAY
10.1 You can pay for Artwork in either of the following ways:
(a) using a debit card or credit card: we accept the following cards: Maestro UK, Mastercard, Solo, Visa, Visa Debit, Visa Electron.
(b) Paypal (c) Apple Pay or Google Pay
10.2 Payment for the Artwork and all applicable delivery charges is in advance.
11. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 11 only applies if you are a business customer.
11.1 We only supply the Artwork for internal use by your business, and you agree not to use the Artwork for any resale purposes.
11.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective Artwork under the Consumer Protection Act 1987.
11.3 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Artwork.
12. OUR LIABILITY IF YOU ARE AN ART COLLECTOR
This clause 12 only applies if you are a consumer.
12.1 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 these 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.
12.2 We only supply the Artwork for domestic and private use. You agree not to use the Artwork for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Artwork under the Consumer Protection Act 1987.