Standard Shipping Arrangement
Postage will be added to the total once you have entered your delivery address.
Bespoke Shipping Arrangement
If there is content on the page of any Artwork which details that you must contact a different entity to arrange shipping, please do so. All Artwork within the Haitian Art Collection is of this kind.
The Gallery will calculate the shipping costs of your order according to the delivery address you have entered. The Gallery will then get in contact with you to confirm the order and price including postage. Note: For the avoidance of doubt, no charges will be made until you have confirmed the order including postage.
SHIPPING - TERMS AND CONDITIONS
1 Delivery of an Artwork shall be made by the Buyer or the Buyer’s representative collecting the Artwork from the premises of The Coningsby at the time of purchase or at any other date and time so agreed.
2 If purchase of an Artwork is made through the website or Mail Order, delivery may be made by The Coningsby 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 the Buyer. Please allow up to 28 days for delivery.
3 Delivery to Buyer will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the Royal Mail, or such other carrier as the Gallery or artist may use.
4 In instances where the Buyer requests for delivery other than in accordance with point 1 above, The Coningsby or the Artist shall be under no obligation under section 32 (2) of the Sale of Artwork Act 1979.
The Coningsby Gallery also operates on a hire basis. In this case the Artist or Artist’s representative will arrange for shipping and packing and payments completely separately from The Coningsby Gallery.
For website purchases:
POA: Price On Application. This means you will need to fill in the form and state which artwork you are interested in and we will get back to you with a price.
For Sale: This means that the artwork is currently for sale. However, The Coningsby Gallery may not have had time to update the website in the case of a sale. Therefore, we do not accept any liability for this.
Not in Stock: If an item is currently not in stock, you can contact The Coningsby Gallery and find out when/if the item will be in stock again.
Sold: If an item has been sold but is available for commission or to view, it will be marked as Sold.
Availability and Pricing As our product selection is large, product availability and pricing might change before we have an opportunity to update our Web site. Occasionally prices may be inaccurately displayed on our site due to system errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any errors when they do occur. Prices are determined on the date that the Artwork are charged. We reserve the right to alter the prices quoted on the on-line store in light of fluctuating supply prices, exchange rate movements or for any other reason beyond our reasonable control.
All Artwork offered for sale through our website are shown inclusive of VAT and in Pounds Sterling (£). Prices do not include postage and packing. All postage and packing vary depending on the size, medium, packing specifications and delivery requirements. We can ship to the UK and outside mainland UK.
Placing an order for Artwork via our web site does not constitute a contract of sale; this includes any automated confirmation messages you may receive. Once your order has been received and charges verified we will manually check its details and contact you to confirm the acceptance of your order which will constitute the completion of our contract to supply. However, we reserve the right to cancel the contract at any time thereafter should this be necessitated by circumstances beyond our control. In this event we will try to contact you as quickly as possible with a full explanation.
We accept payment by Cash, Cheque (drawn on a major UK bank) in Pounds Sterling (£) and we accept the following credit/debit cards: VISA, Mastercard & Switch.
1.1 “Artwork” means the the piece of artwork or other chargeable items on the website, Mail Order or otherwise being sold by the Gallery and purchased by the Buyer
1.2 “Buyer” means the individual or organisation who buys or agrees to but Artwork from the Gallery
1.3 “Consumer”for the purposes of The Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, shall refer to any consumer being a natural person, excluding sole traders, purchasing Artwork for purposes outside their trade, business, craft, or profession.
1.4 “Contract”means the contract between the Gallery and the Buyer for the sale and purchase of Artwork incorporating these Terms and Conditions
1.5 “Gallery”means the Gallery & Debut Art Limited (Registered 3616285) 30 Tottenham Street that owns and operates www.coningsbygallery.com
1.6 “Terms and Conditions”means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Gallery
2.1 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Artwork by the Gallery to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Artwork shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 Any ‘offer’ is made subject to Contract. Prior to production of an invoice or order confirmation, the advertisement or disclosure of the specification of any Artwork is merely an ‘invitation to treat’ and as such, is not an ‘offer’, and may be subject to change. All orders for Artwork shall be deemed to be an offer by the Buyer to purchase Artwork pursuant to these Terms and Conditions and are subject to acceptance by the Gallery. The Gallery may choose not to accept an order for any reason.
3.2 Where the Artwork ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Artwork are available from stock or cancel the order and receive a full refund within 30 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
3.4 There must be no Buyer or Gallery external selling on Artworks/Artwork advertised on the Gallery’s website.
4 PRICE AND PAYMENT
4.1 The price of the Artwork shall be that stipulated on the Gallery’s website (the “Price”). The Price is inclusive of VAT. The Price excludes shipping, delivery, handling charges and any other non-UK taxes.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyers shopping cart prior to confirming the order (“Total Price”)
4.3 After the order is received, the Gallery shall confirm by email the details, description and price for the Artwork together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the Total Price plus VAT and delivery charges will be taken prior to dispatch.
4.5 Payment of the Total Price plus VAT and delivery charges must be made in full before dispatch of the Artwork.
5 AGE OF CONSENT
5.1 Where Artwork may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Artwork.
5.2 If the Gallery discovers that the Buyer is not legally entitled to order certain Artwork, the Gallery shall be entitled to cancel the order immediately, without notice.
The Gallery warrants that the Artwork will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Artwork, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Artwork for the Buyers purpose.
Information on the website. We make every attempt to ensure that our on-line catalogue of artworks is as accurate and complete as possible. Colours may vary slightly both due to minor errors from reproduction and variability of displays. Our objective is to provide you with as much information and detail about your prospective purchase as possible.
7.1 Artwork supplied within the UK will normally be delivered within 14 working days of acceptance of order.
7.2 Artwork supplied outside the UK will normally be delivered within 28 working days of acceptance of order.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Gallery shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Artwork shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Artwork whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Artwork immediately upon receipt and shall notify the Gallery by email or letter within 7 working days of delivery if the Artwork are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Artwork.
8.2 Where a claim of defect or damage is made the Artwork shall be returned by the Buyer to the Gallery. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Artwork are in fact defective.
8.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Gallery by email or letter within 14 working days of receipt of the Artwork.
8.4 Artwork must be returned by the Buyer at the Buyers expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Artwork except for delivery charges and return postal charges. If the Buyer fails to return the Artwork following cancellation, the Gallery shall be entitled to deduct the cost of recovering the Artwork from the Buyer.
8.5 Artwork to be returned must clearly show the order number obtained from the Seller on the package.
8.6 Where returned Artwork are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Gallery the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Total Price of the Artwork and the Gallery shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Gallery for death or personal injury resulting from the negligence of the Gallery or that of the Gallery’sagents or employees.
No waiver by the Gallery (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Gallery shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and 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.
12 SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS The Gallery shall be entitled to alter these Terms and Conditions at any time. But this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
15 DAMAGED ARTWORK
If damage is evident upon delivery the buyer should refuse to accept the Artwork, signing the delivery documents and requesting that the courier return the Artwork to the Gallery If damage is discovered by the buyer after accepting and unpacking the Artwork, the buyer should notify the Gallery immediately by phone or email (this must be within 24 hours of receipt of the Artwork) detailing the type and extent of any damage. Please send us a photograph via email to email@example.com showing the damage. If we are contacted within 24 hours of receipt of goods we will arrange a courier to collect the Artwork from you. If we are notified after 24 hours of receipt of Artwork the postage costs to return the item will be paid for by the buyer. All original packaging must be returned to the Gallery with any damaged items. All items must be packaged to ensure no further damage can occur when a piece of art is being returned. Any further damage that is incurred by returning the itme in insufficient packaging will be taken into account when making a refund and any additional losses may be deducted off any refunds made. The Coningsby Gallery will not pay for any third party delivery/collection charges unless agreed in advance. All refunds for damaged items will be investigated by and made at the discretion of our insurers.
Information on the Web Site We make every attempt to ensure that our on-line catalogue of artworks is as accurate and complete as possible. Colours may vary slightly both due to minor errors from reproduction and variability of displays. Our objective is to provide you with as much information and detail about your prospective purchase as possible.
We collect information about you for two reasons: to process your order and to provide you with the best possible service. We will not disclose this information to any third parties, without your written consent except for necessary delivery details in the case of a few suppliers or artist who ship product directly to you. The information we will collect about you is only that supplied during the process of ordering from us whether by phone, mail-order or website.
We will not e-mail you in the future unless you have given us your consent. We do not pass on your details to any third parties, except to the artist, who will be sending artwork.
If you have any questions or comments about privacy, you should email us on firstname.lastname@example.org
Checking Your Order Status If you are inquiring about the status of an order or delivery, you may at write us at email@example.com
Your Artwork shall remain at the sole risk of You while Your Artwork is in the possession of The Coningsby Gallery. During the packing, transport and display of your Artwork at or to The Coningsby 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 Coningsby 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.
You shall, on reasonable notice, supply copies of the relevant insurance policies or other insurance confirmation acceptable by The Coningsby Gallery and proof of premium payment to The Coningsby Gallery to confirm the insurance arrangements.
For the avoidance of doubt, The Coningsby 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.
17 LAW AND JURISDICTION
These 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 Terms and Conditions affects your statutory rights.
Legal Notices Under no circumstances shall The Coningsby Gallery be liable for any indirect, special, incidental or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise. If we explicitly or implicitly undertake to provide any product or service by any deadline we do so in good faith as a goodwill gesture without prejudice but we accept no responsibility for any direct or indirect costs or consequences of our failure to meet any such deadline even if by our negligence. Any disputes shall be settled under English law.
Any interactions with The Coningsby Gallery including any purchases and all communications, are subject to the above understanding which you are agreeing to by contacting us in any way including placing an online order.
Copyright Notice The graphic and textual elements of this web site are protected by copyright and any unauthorised use is an infringement of that legal copyright.