Terms and Conditions
New Ashgate Gallery website sales
Identify the items on our website that you wish to buy, add them to your shopping cart and proceed to the checkout. There you will be asked to enter contact and delivery details. You may enter payment details at this stage, but it can be done later if you prefer.
You will be asked to read the Gallery Terms and Conditions and to contact the Gallery for clarification if you have any queries.
Submit your order, confirming that you are at least 16 years of age and that you agree to the Gallery Terms and Conditions. When the gallery receives your order, our staff will check availability, calculate delivery charges and will email you a firm quote for approval.
When you are happy with the firm quote, confirm acceptance by email. If you have not already done so you will need to provide payment details. We take payment details through our secure transactional website or over the telephone. We accept payment by Visa, Visa Delta, Visa Electron, Maestro, MasterCard or Solo. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately.
After payment has been taken our staff will expertly pack the items you have ordered, and arrange delivery. This will be made by a national courier company or by Royal Mail. Goods will normally be delivered to you within 5 working days of our accepting your order and receiving payment.
Full details of your transaction will be sent with your purchases. On receipt, please check the items carefully and contact Gallery staff within seven days if you have any concerns.
Please note that the gallery acts solely as agent for the artists and makers. Whilst we make every effort to present the items accurately on the website, their colour and appearance may vary slightly from how they appear on screen.
New Ashgate Gallery website sales
Terms and conditions
1 November 2007
These terms and conditions relate to goods which you offer to purchase from the New Ashgate Gallery Trust Ltd Website. Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through the Website. They do not affect your statutory rights.
By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 10 (right to cancel), 14 (limitation of liability) and 15 (indemnity).
You must be 16 years or older. By submitting your order you confirm to us that you are at least 16 years of age.
We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site (see date above) and we are not under any obligation to notify you of such changes. You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.
We act as agent for the artist/maker whose authority we have to enter into this Agreement.
In these terms and conditions:
"Distance Selling Regulations" means The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334) which concern the protection of consumers in respect of distance contracts for goods and services, where the contract is made without any face to face contact between supplier and consumer.
“Firm Quote" means the email sent by us to you the next working day after you have placed an order, confirming details of the Goods which you have offered to purchase and whether we agree to accept your offer and supply the Goods to you.
"Goods" means the goods to be provided by us to you.
"Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from us.
"Service" means the provision of Goods by us to you.
“Transaction Details” means an email providing details of the goods to be supplied; the price, including delivery charges; the details of payments taken; the method, estimated date and address for delivery; the commencement date of the agreement.
"We/us/our" refers to New Ashgate Gallery Ltd, and having our registered office at Wagon Yard, Farnham, Surrey, GU9 7PS. Telephone No: 01252 713208.
Email address: email@example.com
Website address: www.newashgate.org.uk
Registered charitable trust no. 274326
Company no. 01324906
"You/yours" refers to you, the person offering to purchase goods from us.
3. Your agreement with us
It is our intention that all the terms of the contract between us and you are contained in these terms and conditions, together with the Order Form, Firm Quote and in any special agreed terms that have been subsequently discussed, confirmed and agreed in writing between you and us ("the Agreement"). We accept responsibility under the Agreement for our commitments to you.
Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Transaction Details email (with the date of conclusion of the Agreement being the date shown on that Transaction Details email). The technical steps required to conclude a contract for the Service comprise:
Step 1: Order Form. You must complete the Order Form offering to purchase Goods from us completely and accurately and submit this to us.
Step 2: Firm Quote. We shall issue you with a Firm Quote by email by the end of the next working day after we receive your offer.
Step 3: Acceptance of our Firm Quote. When we receive this from you, formation of the contract for the service is complete.
Payment can be made using any of the methods listed in Clause 6 below and will be debited when we have accepted your offer to purchase.
All prices are quoted in UK pounds Sterling and include VAT where applicable but exclude delivery charges (the delivery charge will be that shown on the Firm Quote).
Our acceptance of your offer to purchase Goods is subject to their availability. We will inform you if we are unable to deliver the Goods which you have offered to purchase and propose alternatives if available.
Prices, offers and products are subject to availability and may change before (but not after) we accept your order.
Every effort has been made to ensure the descriptions, price of goods and delivery charges are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description, price or delivery charge, or (ii) retracting your offer to purchase
All contracts in relation to the Service shall be concluded in English.
5. Delivery details
All deliveries are subject to stock availability and authorisation of your payment.
We shall endeavour to deliver the Goods you have offered to purchase within 5 working days (excluding public holidays) after we advise you of the Transaction Details. If there are any delays we will notify you of such delay as soon as possible.
We can only deliver to addresses within the United Kingdom mainland.
Your order will be delivered to the address which is listed in the "delivery address" section.
We can only deliver the goods to you during office hours, Monday to Friday. We are unable to specify the time at which the goods will be delivered to you.
If you do not accept delivery of Goods ordered by you within two weeks of our first attempt to deliver the Goods to you, we reserve the right to charge you for any consequential storage or re-delivery costs reasonably incurred by us.
A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you.
6. Payment options
We accept the following methods of payment.:-
Visa, Visa Delta, Solo, Mastercard, Visa Electron, Maestro
Payment may be made by any of the methods above and will be debited when we accept your offer. The total amount you pay is the same, regardless of the payment method you use.
We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
Our prices include VAT where applicable at the prevailing rate.
8. Title and Risk
Title in the goods remains with the maker/artist until payment has been received by us, at which time title transfers to you.
Risk in the goods remains with the gallery until they are accepted by the carrier for delivery to you. Our delivery charges include a cost element for insurance of the goods in transit that we take out on your behalf. Details of this insurance can be obtained from the Gallery. The Gallery will handle any claim on your behalf if notified by you of loss or damage to the goods during delivery.
9. Distance selling regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the Agreement with us. This information appears throughout these Terms and Conditions.
10. Your right to cancel this agreement
You may cancel this agreement at any time up to seven days after receipt of the Goods. If you cancel you will be liable for the cost of return of the Goods to the Gallery.
11. Our right to cancel this agreement
If for reasons beyond our reasonable control, including but not limited to fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies, we are unable to supply the goods to you, we may cancel the Agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the Agreement.
12. Errors made by you and withdrawal of your offer
If you wish to correct an error made by you in your offer to purchase goods from us, you must notify us of this fact in writing as soon as possible. Full contact details are set out in Clause 17 below.
If you wish to withdraw your offer to purchase goods from us prior to the issue of the Firm Quote, you must notify us of this fact in writing. Full contact details are set out in Clause 17 below.
13. Returns policy
This returns policy does not affect your legal rights.
If you believe that the Goods may be faulty, misdescribed, unsuitable, incorrect or damaged on delivery, please contact us by telephone, e-mail, or in writing giving a full account of the alleged defect. If it appears to us from your report that the Goods are defective, we would ask you to send the items back to us in their original packaging and we will reimburse you the cost of the postage.
We reserve the right to inspect the goods and to verify that the Goods are defective and those defects are attributable to the Goods supplied as claimed by you. If it does not appear to us that the Goods returned to us are faulty, incorrect, misdescribed or were damaged on delivery to you, we shall return the Goods to you and you shall be charged for the reasonable cost for return postage and re-delivery. If you do not accept re-delivery of Goods returned to you hereunder, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.
If it appears to us that Goods returned to us are indeed defective, we shall, at your option:
(i) deliver replacement Goods of similar quality and specification, subject to availability, free of charge, provided that the Goods have not been modified or subject to misuse or negligence, or arrange for a full refund.
(ii) arrange for a full refund of any prepayments by crediting your debit or credit card used to make the original payment within 30 days of you giving notice of rejection, provided that the Goods were faulty, misdescribed, incorrect or damaged on delivery and have not been subsequently modified or subject to mis-use or negligence. A refund of any monies paid will be made only for the goods made available to us for collection.
We require that all Goods being returned are securely packed and suitably boxed. We recommend that the original packaging is used where possible. We cannot provide additional packaging or boxes for any returning items.
14. Limitation of liability
Important: This clause 14 contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with the goods. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause.
Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our wilful misconduct.
We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
All conditions, terms, representations relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
Every provision of this clause 14 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
Our liability to you arising from this Agreement for whatever reason is limited to the value of goods that we have agreed to supply under it.
15. Indemnity (liability passed to you)
Important: In this clause 15 you agree that you will be liable for any loss we (or certain people connected with us) suffer as a result of breach of the agreement by you or by certain people connected with you. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause.
You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, suppliers, our customers, and employees, and arising as a result of breach by you of this Agreement.
16. Website content
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website. The Firm Quote is conclusive as to the prices, delivery charges. Although every effort is made to ensure complete accuracy, some prices, delivery charges or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
To the extent that we or our suppliers own the copyright, trademarks and any other intellectual property rights in all material and content on this website, you may only use, download, copy, publish, transmit or otherwise make available by any other means for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited. You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
17. Contact details
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 01252 713208, email us at firstname.lastname@example.org, or write to us at New Ashgate Gallery, Waggon Yard, Farnham, Surrey, GU9 7PS. We shall respond to any communication received by us as quickly as we can.
18. Law and jurisdiction
The Agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website.
The privacy of our customers is very important to us and we take great care to safeguard it.
We receive data from you when you complete an Order Form online and when you subsequently make payment.
We retain information on our database of your contact and delivery details, and any purchases you make from us.
After your initial purchase we will email you with details of gallery exhibitions and Events as they arise. You may ask for this service to be stopped at any time by contacting the gallery.
We do not retain details of your payments such as account details or credit card details once payment has gone through.
We will not pass your details on to any other organisation without your prior consent.
You may request a copy of the information we hold about you, but we make a small administrative charge to provide this.
You may request that we remove any of the information that we hold about you from our database, and we will comply as soon as we are able, and will confirm that this has been done.
If your contact details change please keep us informed so that our records are up to date.