WELLER GALLERIES TERMS AND CONDITIONS OF SALE
In these terms, “we”, “us” or “our” refers to the artist identified on our specific artist page on the online abstract art marketplace website at www.Weller Galleries.com (the site), and we are the supplier of the artworks listed on that page only (Artworks)
This page (together with the documents referred to in it), tells you information about us and the legal terms and conditions (Terms) on which we sell any of our Artworks to you.
These Terms will apply to any contract between us for the sale of an Artwork to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Artwork from the site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Artwork from the site.
You should print a copy of these Terms or save them to your computer for future reference.
These Terms may be amended from time to time as set out in clause 8. Every time you wish to order an Artwork, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were first issued on the 1st of June 2017.
These Terms, and any Contract between us, are only in the English language.
1.3 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. We have appointed CTA as our intermediary to deal with cancellations on our behalf, and therefore the easiest way for you to let us know that wish to cancel is to complete the cancellation form on the site. A link to the website cancellation form will be included in the Dispatch Confirmation. If you use this method, CTA will email you to confirm that they have received your cancellation on our behalf. You can also contact CTA direct using any of the contact details shown on the site or email them at firstname.lastname@example.org. Please include details of your order to help CTA to identify it. If you send your cancellation notice by email or by post, then your cancellation is effective from the date you send the email or post the letter.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact CTA who will deal with the matter on our behalf, using the contact details shown on the site or by emailing them at email@example.com
(c) Should you wish to contact us directly, please use the contact details shown on our specific artist page on the site or on the invoice that you received with your order.
(d) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
1.4 Contacting us if you are a business. Please contact us via CTA using the contact details shown on the site or by emailing them at sales@wellergalleries. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 17.3.
2. OUR ARTWORKS
2.1 The images of the Artworks shown on the site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Artwork. Your Artwork may vary slightly from those images.
3. USE OF THE SITE
4. HOW YOUR PERSONAL INFORMATION WILL BE USED
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase an Artwork from our site if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase an Artwork.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 The shopping pages on the site will guide you through the steps you need to take to place an order with us. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an email acknowledging that your order has been received. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an email that confirms that the Artwork has been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with an Artwork, for example because that Artwork is no longer available or because we cannot meet your requested delivery date or because of an error in the price on the site as referred to in clause 12.5, we will inform you of this by email, and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount including any delivery costs charged as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 These Terms may be amended from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order an Artwork from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) changes in how payment is accepted; and
(c) changes in our Return and Refund Policy.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Artwork(s), or just the Artwork(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artwork(s) you have already received, and we will arrange a full refund of the price you have paid, including any delivery charges.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The period during which you can do this is set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract via CTA, and receive a refund.
9.2 However, please note that this cancellation right does not apply in the case of any Artwork made to your specific requirements, or which was specially commissioned by you, personalized, or is otherwise bespoke.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract is for a single Artwork (which is not delivered in installments on separate days):
The end date is the end of 30 days after the day on which you receive the Artwork.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Artwork on 10 January you may cancel at any time between 1 January and the end of the day on 9 February.
Your Contract is for either of the following:
one Artwork which is delivered in installments on separate days.
multiple Artworks which are delivered on separate days.
The end date is 30 days after the day on which you receive the last installment of the Artwork or the last of the separate Artworks ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first installment of your Artwork or the first of your separate Artworks on 10 January and the last installment or last separate Artwork on 15 January you may cancel in respect of all installments and any or all of the separate Artworks at any time between 1 January and the end of the day on 14 February.
Your Contract is for the regular delivery of an Artwork over a set period:
The end date is 30 days after the day on which you receive the first delivery of the Artworks.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Artworks to be delivered at regular intervals over a year and you receive the first delivery of your Artwork on 10 January, you may cancel at any time between 1 January and the end of the day on 9 February. 9 February is the last day of the cancellation period in respect of all Artworks to arrive during the year.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. We have appointed CTA as our intermediary to deal with cancellations on our behalf, and therefore the easiest way to notify us of a cancellation is to complete the cancellation form on the site. A link to the website cancellation form will be included in the Dispatch Confirmation. If you use this method, CTA will email you on our behalf to confirm that your cancellation has been received. Alternatively you may use a copy of the form which is attached at the back of these Terms as a schedule.
You can also contact us via CTA to let us know using any of the contact details for CTA shown on the site or by emailing CTA at Sales@wellergalleries.com. If you are emailing or writing, please include details of your order to help CTA to identify it. If you send your cancellation notice by email or by post, then your cancellation is effective from the date you send the email or post the letter. For example, you will have given notice in time as long as you get your letter into the last post on the last day of the cancellation period or email before midnight on that day.
Should you wish to contact us directly for any reason, you can do so using the contact details shown on our specific artist page on the site.
9.5 If you cancel your Contract we will:
(a) arrange for CTA to refund you the price you paid for the Artwork. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Artwork, if this has been caused by your handling it in a way which would not be permitted in a gallery. See the FAQ page on the site for information about what handling is acceptable. If you receive a refund of the price paid before we are able to inspect the goods, and we later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you may have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of an Artwork within 3-5 days at one cost, but you choose to have the Artwork delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
if you have received the Artwork and we have not offered to collect it from you: 14 days after the day on which we receive the Artwork back from you or, if earlier, the day on which you provide us with evidence that you have sent the Artwork back to us. For information about how to return an Artwork to us, see clause 9.8;
if you have not received the Artwork or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned an Artwork to us under this clause 9 because it is faulty or mis-described, we will arrange for CTA to refund the price of the Artwork in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Artwork to us.
9.7 CTA will refund you by the method used by you to pay via the site.
9.8 If an Artwork has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 7 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or hand it to CTA’s authorized carrier. Please see the Return and Refund page on the site for our returns address and information about our authorized carrier and how to arrange a return. If we have offered to collect the Artwork from you as advised in our response to your cancellation, we will collect the Artwork from the address to which it was delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Artwork is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Artwork to us. If the Artwork is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Artwork to you, these costs should not exceed the sums we charged you for delivery. Our delivery costs are detailed in the Shipping, Insurance and Tax section our FAQ. If we have offered to collect the Artwork from you, we will charge you the direct cost to us of collection.
9.9 Because you are a consumer, we are under a legal duty to supply an Artwork that is in conformity with this Contract. As a consumer, you have legal rights in relation to any Artwork that is faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9, or anything else in these Terms.
10.1 We will provide you with an estimated delivery date in Dispatch Confirmation, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Delivery usually takes place within one week of the Dispatch Confirmation, although this cannot be guaranteed. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.
10.2 Delivery of an order shall be completed when we deliver the Artwork to the address you gave us and the Artwork will be your responsibility from that time.
10.3 You own the Artwork once we have received payment in full, including all applicable delivery charges.
This clause 10.4 only applies if you are a consumer.
10.4 If we miss the 30 day delivery deadline for an Artwork then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Artwork;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.6 If you do choose to cancel your order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Artworks or all of them, unless splitting them up would significantly reduce their value. If the Artworks have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Artworks and their delivery.
11. INTERNATIONAL DELIVERY
11.2 If you wish us to deliver Artworks outside our Delivery Destinations, please contact us prior to placing your order, as we may be able to assist you.
11.3 If you order Artworks from our site from an artist based outside of the country where the artwork is delivered, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges. However, they can be estimated on Dutycalculator.com
11.4 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.5 You must comply with all applicable laws and regulations of the country for which the Artworks are destined. Without prejudice to the generality of the foregoing, it is your responsibility to satisfy yourself that the Artwork can lawfully be imported (for example, the laws of some countries may restrict what types of artwork can be lawfully imported). We will not be liable or responsible if you break any laws or regulations.
12. PRICE OF ARTWORKS AND DELIVERY CHARGES
12.1 The prices of the Artworks will be as quoted on the site at the time you submit your order. All reasonable care is taken to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Artwork(s) you ordered.
12.2 Prices for our Artworks may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of an Artwork includes VAT (where applicable) and other applicable sales taxes. It does not include import duties, taxes that are applied when the delivery reaches its destination, or any other taxes or duties.
12.4 The price of an Artwork does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to the Shipping, Insurance and Tax questions of our FAQ.
12.5 The site contains a large number of Artworks. It is always possible that, despite all reasonable efforts being made, some of the Artworks on the site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Artwork’s correct price is less than the price stated on the site, we will charge the lower amount when dispatching the Artwork to you; and
(b) if the Artwork’s correct price is higher than the price stated on the site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
13. HOW TO PAY
13.1 You can only pay for an Artwork via the site merchant services facility using Paypal or credit cards, or by bank transfer or check.
13.2 Payment for the Artwork and all applicable delivery charges is in advance.
14. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
14.1 We only supply the Artwork for internal use by your business, and you agree not to use the Artwork for any resale purposes.
14.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.4 Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Artworks.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Artwork. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Artwork is suitable for your purposes.
15. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 15 only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated by you and us at the time we entered into this contract.
15.2 We only supply the Artwork for domestic and private use. You agree not to use the Artwork for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of an Artwork to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Artworks you have already received and we will refund the price you have paid, including any delivery charges.
17. COMMUNICATIONS BETWEEN US
17.1 When we refer, in these Terms, to “in writing”, this will include email.
17.2 If you are a consumer you may contact us as described in clause 1.3.
17.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office (where relevant) or the address set out in our contact details on our specific artist page on the site; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means that a Contract for the purchase of an Artwork through the site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).