Client Terms and Conditions
Terms and Conditions
The Coningsby Gallery (a trading name of Début Art Ltd).
TERMS AND CONDITIONS OF CONTRACT
- Gallery Introduction.
These terms and conditions (‘Client Terms and Conditions’) apply to the sale to you by The Coningsby Gallery (‘The Gallery’) (a trading name of Debut Art Limited) of any limited edition print or any other piece of artwork (the “Artwork”) by any artist (the ‘Artist’) either at the Gallery’s premises or through its website.
- Orders and Prices.
2.1 In respect of an order made through the 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 into the form. Your order will then be sent to the Gallery by e-mail. You can also order by telephone on +44 (0)207 636 7478.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All prices shown are subject to VAT where applicable.
3.1 Delivery of the Artwork shall be made by you collecting the Artwork from the premises of the Gallery at the time of purchase or at any other date and time so agreed between the parties in writing.
3.2 If you purchase the Artwork through the website or Mail Order, delivery may be made by the Gallery or the Artist delivering the Artwork 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.
3.3 Delivery of the Artwork 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, The Gallery shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
3.5. For all other terms relating to the delivery and shipping of purchases online, please see the Shipping Info.
- Title and Risk.
Title and risk in the Artwork shall pass to you when the 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 and the Gallery shall not be liable for any damage or loss with respect to the Artwork once title and risk has passed.
- Ownership of Copyright
5.1 The Artwork was produced with the intention that it will be sold exclusively through the Gallery or any other outlet approved by the 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 conditions 5.1,5.2, 5.4 you agree that the payment of damages alone may not be a sufficient remedy to compensate the Gallery or the Artist for any such breach. We and/or the Artist may carry out, including but not limited to 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 Client 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 Client 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 Client 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 the Gallery in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Gallery arising out of or in connection with any claim brought against the Gallery in respect of the cost of any steps taken pursuant to condition 5.5 and/or as a result of your breach of these Client Terms and Conditions.
- Data protection.
6.2 By agreeing to these Client Terms and Conditions you consent that such personal data may be used for promotions connected with the Gallery and may be provided to any third party in a similar business to the Gallery.
6.3 You consent to the Gallery revealing personal data to the Artist should you breach these Client Terms and Conditions.
- Liability of the Gallery.
7.1 Except in respect of death or personal injury caused by the Gallery’s negligence, the 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 the 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 the 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 The 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.
8.1 Your Artwork shall remain at the sole risk of You while Your Artwork is in the possession of the Gallery. During the packing, transport and display of your Artwork at or to the Gallery, you shall at your own expense, obtain and maintain the following insurances: (i) insurance of your Artwork to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, (ii) insurance for such amounts as a prudent owner of your Artwork would insure for, or such amount as the Gallery may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with your Artwork, and (iii) insurance against such other or further risks relating to your Artwork as may be required by law.
8.2 You shall, on reasonable notice, supply copies of the relevant insurance policies or other insurance confirmation acceptable by the Gallery and proof of premium payment to the Gallery to confirm the insurance arrangements.
8.3 For the avoidance of doubt, the Gallery shall not provide any insurance coverage for your Artwork and shall not be liable to you for any for: (i) any loss of, or damage to, your Artwork, (ii) claim for loss of publicity or opportunity to enhance your reputation.
- Force Majeure
The Gallery shall not be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or caused beyond its reasonable control, including but not limited to acts of God, flood, fire, or other natural disaster, epidemic or pandemic, any law or any action taken by a government or public authority, the Gallery shall be entitled to a reasonable extension of its obligations.
You acknowledge that the Gallery shall have no liability with respect to any loss incurred by you caused by the Gallery’s service providers or any party outside of the Gallery’s control.
- Rights of Third Parties.
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Client 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.
- Cancellation rights.
Please note that you cannot cancel this contract. Accordingly, once purchased you may not return the Artwork and the Gallery does not offer refunds.
No failure or delay by the 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 Client Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
If any provision of these Client 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 Client Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Client Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Client Terms and Conditions.
- Governing Law and Jurisdiction.
These Client Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. Nothing contained in these Client Terms and Conditions affects your statutory rights.