Terms & Conditions of Contract
These terms and conditions (‘Terms and Conditions’) apply to the sale to you by the Mengoli & Mengoli Ltd (‘GX Gallery’) of any limited edition print or any other piece of artwork (the “Artwork”) by any artist (the ‘Artist’) either at the GX Gallery’s premises or through its website.
2. Orders and Prices
2.1 In respect of an order made through GX Gallery’s website, the maximum order quantity for any one item is five. Select the number of items you wish to buy, then click on checkout and enter your personal details onto the form. Your order will then be sent to GX Gallery by e-mail. You can also order by telephone on +44 (0) 20 7703 8396.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All prices are subject to VAT where applicable.
3.1 Delivery of the Artwork shall be made by you collecting the Artwork from the premises of GX Gallery at the time of purchase or at any other date and time so agreed.
3.2 When you purchase delivery will be made by GX Gallery delivering the goods to the address specified in your order. Delivery will be made through Royal Mail Special Delivery (or alternative courier services if applicable) for UK orders and International courier services for non-UK orders. All delivery charges will be payable by you. Please allow up to 21 days for delivery. Where alternate delivery methods are used payment and terms must be agreed in advance.
3.3 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the Royal Mail, or such other carrier as we may use.
3.4 Where you request for delivery other than in accordance with condition 3.1, GX Gallery shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
4. Title and Risk
Title and risk in the Artwork shall pass to you when GX Gallery has received the payment price for the Artwork in full, in cash or in cleared funds, whether or not delivery has been made. Upon such payment, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
5. Ownership of Copyright
5.1 The Artwork was produced with the intention that it will be sold exclusively through GX Gallery or any other outlet approved by GX Gallery. It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment.
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.
5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate GX Gallery or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:
5.5.1 apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;
5.5.2 apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.5.3 apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.5.4 apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
5.6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6. Data protection
6.1 By signing these Terms and Conditions, you confirm that you are aware of and consent to the use by GX Gallery of any personal data within the meaning of the Data Protection Act 1998 and that GX Gallery may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.
6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with GX Gallery and may be provided to any third party in a similar business to the GX Gallery.
6.3 You consent to GX Gallery revealing personal data to the Artist should you breach these Terms and Conditions.
7. Liability of GX Gallery
7.1 Except in respect of death or personal injury caused by GX Gallery’s negligence, GX Gallery shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of GX Gallery, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of GX Gallery under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.
7.2 GX Gallery does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
8. Rights of Third Parties
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
9. Cancellation rights
9.1 If you are a consumer, you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays in the United Kingdom.
9.2 To exercise your right of cancellation, you must give written notice to GX Gallery by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
9.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to GX Gallery at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to the address shown below by registered post. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
9.4 Once you have notified GX Gallery that you are cancelling the contract, GX Gallery will refund or re-credit you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods. Please note any goods returned are liable to an administration fee to cover costs incurred by GX Gallery.
9.5 If you do not return the goods as required after exercising your right of cancellation, GX Gallery may charge you for the direct costs of recovering the goods.
9.6 You do not have the right to cancel the contract if the order is for original works scheduled for an upcoming exhibition or books, audio or video recordings which have been unsealed by you or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly. This will be specified when you place your order.
10.1 GX Gallery will take all reasonable precautions to keep the details of your order and payment secure but unless GX Gallery is negligent GX Gallery will not be liable for unauthorised access to information supplied by you.
10.2 GX Gallery would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please tick the box below. If at any time you wish to receive such information again, you can give notice to GX Gallery at the address, or email address shown below, or in reply to any email from GX Gallery.
11. Contact Details
If you have any queries about these Terms or any other aspect of our website you can phone us on + 44(0) 20 7703 8396 or e mail us at email@example.com or write to us at GX Gallery, 43 Denmark Hill, Camberwell, London, UK, SE5 8RS. We will endeavour to respond as quickly as possible.
No failure or delay by GX Gallery in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
Nothing contained in these Terms and Conditions affects your statutory rights.
I confirm acceptance of these Terms and Conditions and in particular, I consent to the use of personal data in condition 6 above.
15. Company Details
Company is registered in England & Wales
Company Registered no 04244850
Company name: Mengoli & Mengoli Limited
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