Terms and Conditions
“Artwork” means the artworks or product marketed for sale on thereddotgallery.com
“thereddotgallery.com” means The Red Dot Gallery,
2 Lyles Court,
Norfolk NR25 6HS.
The Contract to purchase Artwork shall between you and The Red Dot Gallery. These Terms and Conditions shall apply to the Contract entered into between you and The Red Dot Gallery to purchase Artwork marketed on the site.
We shall accept your order by email confirmation. If the Artwork you order is not available we shall contact you by email and offer a full refund on the price of the Artwork. We shall credit or debit your paypal account as soon as reasonably practicable but in any event no later than thirty days from the date of your order.
Price and Payment
The prices payable for the Artwork that you order are as set out in our website. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items. We reserve the right to alter all product pricing without notice. We accept the following methods of payment:Credit / Debit Card via paypal and Paypal. You must pay us the full price of your order before we deliver the Artwork to you.Banking charges by the receiving bank on payment to us will be borne by us. All other charges relating to payment in a currency other than sterling will be borne by you. You will pay all sums due to us under these Terms and Conditions by the means specified without any set-off, deduction or counterclaim
It will be your responsibility to ensure that someone is present to accept the delivery. We will endeavour to deliver all Artwork ordered within seven days of payment clearing in our account. You will become the owner of the goods you have ordered when they have been delivered to you. Once the Artwork has been delivered to you it will be held at your own risk and we will not be liable for their loss or destruction. We do not deliver outside the UK and Ireland without prior written agreement. It is at the Artist’s discretion whether he/she decides to deliver outside the UK and Ireland and additional postage and packaging costs may apply. Orders placed for delivery outside of UK and Ireland without contacting us prior to ordering will result in your order being rejected and any payments being refunded.
If the Artwork delivered is not what you ordered or is damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address with the problem within fourteen days of the delivery of the goods in question. If you do not receive the Artwork order within twenty-one days of the date from which you ordered it, we shall have no liability to you unless you notify us in writing at our contact email address of the problem within thirty days of the date on which you ordered the Artwork. If you notify a problem to us under clauses 1 or 2 above, our only obligation will be, at our discretion:
a) To make good any non-delivery ; or
b) Refund to you the amount paid by you for the Artwork in question in whatever way we choose.
If the Artwork is damaged or defective then you must return the Artwork for inspection before we will agree to any refund. Any returns must be made via courier or recorded delivery post. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Artwork in question under clause 3(b) above. You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain types of our Artwork to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Artwork you purchase. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Right for you to cancel your contract
You may cancel your contract with us for the Artwork you order at any time up to twenty one days from the date we receive the order. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us directly and organise return delivery. If you have received the Artwork before you cancel your contract then you must send the Artwork back to tus at your own cost and risk. Artwork for delivery, you must not unpack the Artwork when it is received by you and you must organise delivery back to us at your own cost and risk as soon as possible. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card or debit card or PayPal account will be credited to your account as soon as possible providing that the Artwork in question is returned to us and received by us within fourteen days of delivery in the condition that they were in when delivered to you. If you do not return the Artwork or do not pay the cost of the delivery, we shall be entitled to deduct the direct cost of recovering the Artwork from the amount to be credited to you. We shall be under no obligation to collect or recover the Artwork from you.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address at email@example.com and all notices from us to you will be displayed on our website from time to time or sent via email to the email address you provide.
Events beyond our Control
We shall have no liability to you for any failure to deliver Artwork you have ordered or any delay in doing so or for any damage or defect to Artwork delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Conditions of Website Use
We may block any links to or from the site. Additionally, we may provide tools to allow you to link directly from a third party site; if you do link the site (whether using such tools or otherwise) you agree that you will disable and remove any such link promptly upon our request. We reserve the right to require you to immediately remove any link to the site at any time and you shall immediately comply with any request by us to remove any such links.
We will use reasonable efforts to ensure that the site is available at all times. However, we cannot guarantee that the site or any individual or functional feature of the site will always be available and/or error free. In particular, the site maybe unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the site. We will not be liable if for any reason the site is unavailable for any period of time.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, in claims of third parties. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to exclude or limit any liability which may not by law be excluded or limited, and in particular none of these exclusions and limitations in this clause are intended to limit any statutory rights which may be excluded, nor in any way to exclude or limit (site only) liability to you for death or personal injury resulting from our negligence or that other employees or agents.
You agree to indemnify, defend and hold harmless The Red Dot Gallery its employees, consultants, agents affiliates, from any customer and all third party claims, liability, damages and all costs (including but not limited to legal fees) arising from your use of this website or your breach of these terms and conditions.
The Red Dot Gallery may contain links to other websites that are not owned or operated by The Red Dot Gallery. We hold no responsibility for the content and any loss or damage that may arise from the use of these linked websites. The Red Dot Gallery does not warrant as to the accuracy or reliability of any linked website.
Variation of Terms and Conditions
We reserve the right to change the terms and 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.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English Law and the English courts shall have jurisdiction to resolve any disputes between us.