Terms & Conditions Detailed condition reports,
descriptions and provenance can be supplied on request - please
contact info@wallisgallery.co.uk
Payment options are:
UK: Personal cheque, Bank transfer, Credit/Debit card. Cheques
should be payable to Innovative New Media Ltd.
Overseas: Bank transfer, Electronic (Paypal), Credit/Debit card.
All items are expertly packaged and sent fully insured for
loss/damage in transit.
Viewing can be arranged by appointment.
Buy with confidence - all works are subject to 7 days
approval. If you wish to return the work for any reason within 7
days of receipt you may return it for a full refund (less postage).
Descriptions of works of art are defined as follows:
- Signed/Named - the work of the artist in the opinion
of the Gallery
- Attributed to - Probably the work of the artist
- Circle of - Work of the artist's period and style
- Manner of - Work in the artist's style but probably
later
- After - A later copy of the artist's work
Terms & Conditions of Sale
1. PURPOSE AND EFFECT
1.1 These terms and conditions set out all the terms of the
agreement other than price between you as buyer and us, Wallis
Gallery, as seller, in relation to the sale and purchase of the item
or items identified in the invoice, which we refer to below as "the
work". We confirm that we either own the work or are authorised
to sell it on behalf of the owner.
1.2 The website, wallisgallery.co.uk, is owned and maintained by
Wallis Gallery (Wallis Gallery is a trading style of Innovative New
Media Ltd.) and is subject to UK law.
1.3 If you wish to rely on any variation of, or addition to these
terms and conditions, you must ensure that the variation or addition
has been agreed in writing.
2. STATEMENTS ABOUT THE WORK
2.1 All statements by us as to the authenticity, attribution,
description, date, age, provenance, title or condition of the work
constitute our judgement and opinion only (save that this shall not
operate so as to exclude any liability on our part for
misrepresentation) and are not warranted by us. We do not accept any
liability as a result of any changes in expert opinion, which may
take place subsequent to the sale.
2.2 Accuracy: we have made every possible effort to ensure that the
content of wallisgallery.co.uk is accurate and up to date. We
reserve the right to amend any errors or omissions at our discretion
and will endeavour to do so at the earliest opportunity. Artists
particulars are provided by artists themselves and we accept no
liabilities for inaccuracies or misrepresentations in these details.
2.3 Copyright: all content included on this site, such as text,
images, and HTML is the property of wallisgallery.co.uk, its owner
and/or its artists, and any third party content is used by
wallisgallery.co.uk pursuant to express authorisation from copyright
owners or their agents. All copyright, trademarks and other
intellectual property rights in and relating to wallisgallery.co.uk
or its contents are vested in wallisgallery.co.uk, its owner and/or
its suppliers where appropriate. You must not use, reproduce, modify
or distribute our images or any part of those images in any manner,
whatsoever. It should be noted that all artists retain copyright in
their own work.
2.4 Colour: please be aware that the colours and appearance of an
original work may vary slightly from the way it appears on a
computer screen. All images featured on the wallisgallery.co.uk
website have been photographed at a high resolution but are
displayed on the website at a lower level to enable acceptable
download times. Your individual computer monitor may show tones and
colours which vary from the original tones and colours of the works
displayed on the site. This is because individual computer monitors
have individual settings and preferences over which we have no
control.
2.5 Usage: All works are subject to our approval prior to them
appearing on the live wallisgallery.co.uk website and we reserve the
right to edit or remove any item subsequently added. We make no
representation that the operation of the wallisgallery.co.uk website
will be uninterrupted or error-free, and we will not be liable for
the consequences of any interruptions or down time. We make no
warranties or representations about the compatibility of any
computers you use to access the wallisgallery.co.uk website.
3. RESERVATION OF A WORK
Wallis Gallery will reserve a work on receipt of written
confirmation from the buyer stating: (i) the details of the work
being the name of the artist, title, date and medium as shown on the
Wallis Gallery website (ii) the name and address of the buyer (iii)
the name and address of the consignee (iv) the delivery address (v)
the method of payment (vi) further details as deemed necessary by
the buyer Wallis Gallery will confirm the reservation of the work
subject to availability from which time the work will be reserved
for 7 days.
4. PAYMENT OF PURCHASE PRICE
4.1 You must make the payment as per the agreement made with Wallis
Gallery, together with the delivery costs and any amounts payable to
us under clause 7 below, by bank transfer, cheque, credit/debit card
or such other methods as we agree. Payment has not been made until
we have received cleared funds representing the full amount.
4.2 If you fail to pay the purchase price in full within 7 day
reservation period the painting will be subject to availability.
5. COMMISSION PAYABLE BY Wallis Gallery TO THIRD PARTIES
If you have authorised, or appear to us to have authorised, a third
party to negotiate the purchase of the work on your behalf, we may
pay that third party a commission based on the value of the work.
Details will be provided on request.
6. PASSING OF OWNERSHIP You only will become the owner of the work
when the purchase price is paid in full.
7. AUTHENTICITY OF WORKS All works of art arrive with a document of
endorsement and invoice. In the case of limited edition prints,
prints will be signed and numbered by the artist.
8. DELIVERY OF THE WORK AND PASSING OF RISK
8.1 Wallis Gallery will organize the shipment of the work to be
dispatched with the nominated courier within 3 days of payment
clearance at which time you will be given a date of arrival at the
given consignee address. Special arrangements can be made if needed.
8.2 Wallis Gallery is held responsible for the delivery of the work
and undertakes to fully insure against the risk of damage to it,
theft or loss of it until the time you sign the shipping company
delivery document.
9. EXPORT
9.1 If the work is to be exported from the United Kingdom, whether
to other countries within the European Union or outside the European
Union we will normally make appropriate arrangements for export and
shipment.
9.2 If, contrary to our normal practice, we allow you to make
arrangements for export of the work, you must comply with all
requirements of HM Customs and Excise, the export licensing
authorities and any other relevant official bodies and:
9.2.1 provide us with all the relevant documents showing proof of
export without delay and in any event within 7 days from the date of
shipment; and
9.2.2 reimburse to us any sum claimed if any official body makes
any claim against us for expenses or penalties resulting from your
failure to comply with the relevant requirements for export and
import.
9.3 In any event you will be responsible for paying any taxes,
including but not limited to import tax, duty, merchandise, sales or
user tax that have to be paid, in the country of destination,
whether on shipment, or on import or at any other time.
9.4 Unless otherwise agreed in writing, the sale of the work is not
dependent on either us or you obtaining an export licence.
10. RETURN AND REFUND POLICY
Wallis Gallery offers a 7 day return and refund policy
10.1 If you are not happy with the work you have received we will
accept its return provided that it is in perfect condition as it
left the gallery. Please contact Wallis Gallery and we will organize
the return shipment in liaison with you and the nominated courier.
The work will be examined when returned to Wallis Gallery and
subject to our satisfaction that it is in perfect condition as it
left the gallery a full refund will be made. The shipping costs will
be paid by the buyer and will not be refunded.
10.2 Should you be able assure beyond reasonable doubt that the
details and image of the work as shown on the Wallis Gallery website
do not meet with the work received, you must notify Wallis Gallery
hereof within 7 days of your receipt of the work. Under such
circumstances Wallis Gallery will organize the return shipment of
the work and cover all shipping charges for the delivery and the
return of the work.
10.3 Damaged work of art: If the delivered work is damaged in any
way, you must inform us immediately in order for us to assist you
and to be able to claim against our delivery insurance. Details of
damage caused in transit should be noted by you on the delivery
document at the time of the receipt of the work.
11. REFUND POLICY
11.1 A full refund for the work will be granted for:
11.1.1 Work returned under the terms of clause 10.1.
11.2 A full refund for the work and shipping costs will be granted
for:
11.2.2 Work returned under the terms of clause 10.2.
11.2.3 Work received damaged under clause 10.3. You must prove the
damage to Wallis Gallery by means of photos or return of the work.
11.2.4 Work not received due to an error on Wallis Gallerys
part. The full refund will be granted within 14 days of your
notification to clauses 10 and 11.
12. LIMIT OF LIABILITY
The maximum liability for any loss arising due to our negligence
will be limited to a sum equal to the value of the payment received
for the work.
13. LIMITATION OF OUR LIABILITY
Any claim against us must be brought within 6 years from the date
of the invoice for the work or, if we have been guilty of any fraud
or deliberately concealed a relevant fact in relation to the work,
within 6 years after you have discovered this, or could have
discovered it if you were reasonably diligent. We shall not accept
any claim after these periods.
14. NOTICES Any notice to be given to us or that we must give to
you in connection with the sale of the work must be in writing and
must be sent by post, or delivered by hand, to our Bath address or
to your last known address as the case may be.
15. LAW AND JURISDICTION
15.1 These terms and conditions are to be construed and take effect
in accordance with English law.
15.2 If you are purchasing the work as a consumer, the courts of
England and Wales will have non-exclusive jurisdiction in relation
to any dispute. If you are not purchasing the work as a consumer,
the courts of England and Wales will have exclusive jurisdiction in
relation to any dispute.
16. SEVERABILITY
If any part of these terms is found to be invalid, unlawful or
unenforceable by any Court or other competent authority, it will not
affect the remaining terms, which will continue to be valid and
enforceable.
17. PRIVACY POLICY
Wallis Gallery respects the privacy of all of its clients and
accordingly does not share any personal information of said clients
with third parties.
18. CHANGES TO THE TERMS & CONDITIONS
We reserve the right to change the Terms & Conditions from time
to time, and post a new version on our website. The new version will
take effect from the time of posting on the site.
Last revised: 19 November 2009 |
|