Terms and Conditions
GALLERY 34 LIMITED - TERMS OF SALE
DEFINITIONS
1. Any reference to Company/Seller/We/Us shall mean GALLERY 34 LIMITED CROSS
CHAMBERS, 9 HIGH STREET NEWTOWN POWYS
SY16 2NY Company No. 04749026 (Registered Office) who sell or supply specialist
artwork, art equipment and accessories in the course of their trade or business.
2. Any reference to You/Buyer/Purchaser shall mean any person, sole trader,
partnership, business, body corporate or other entity detailed in the appropriate
section of the sales invoice/order form and shall include all successors,
heirs and assigns. Where the Buyer purchases in the course of a trade, profession,
vocation, hobby or for profit, it is agreed that such a buyer shall mean
a trade buyer. Where a person deals entirely as a consumer, statutory rights
shall remain unaffected. Where the term buyer appears within these terms
it shall mean both trade and consumer buyer/purchaser unless specified as
relating to a trade buyer or consumer buyer individually.
3. Goods or equipment ordered shall mean the items detailed in the appropriate
section of the sales/order form and it shall be a core term of this agreement
that all additional parts, connecting components or ancillary items, not
detailed within the sales order form, shall be additional to this agreement.
4. Price shall mean the consideration due for purchase and shall exclude
VAT, which shall be added (for applicable purchases) at the prevailing rate
prior to order confirmation by the Buyer. All Buyers within the EEC shall
be liable for VAT unless VAT registered within the EEC whereupon the Buyer
shall include, prior to any order placed, Company documentation which must
contain a valid VAT registration number. For all Buyers, certain other duties
or levies may be applicable to any purchase which shall be identified prior
to order confirmation by the Buyer. Such taxation price indications shall
be in relation to the taxation liability of the Company within the United
Kingdom only and shall not include any liabilities of the Purchaser who shall
remain liable for any levies or duties placed upon orders within originating
Countries. For Purchasers outside the EEC, VAT shall not be applicable. In
respect of all contracts outside the United Kingdom, certain local taxes
or import levies may be charged by originating Countries which are not within
the control or liability the Company. Purchasers should note that prices
quoted may vary during the currency of brochures (upwards or downwards) and
current prices are quoted at the time of order.
5. In respect of orders placed via the Internet, such orders shall be mere
offers to purchase and shall not be accepted or binding upon the Company
until confirmed or acknowledged in writing by the Company by means of invoice
or statement. Order acknowledgement shall not amount to confirmation of order
and the Company reserve the right to refuse any offer to purchase prior to
written confirmation.
GENERAL
6. "Working day" shall mean any day excluding Saturdays, Sundays
and public holidays.
7. These conditions shall apply to all of the company's quotations and contracts,
orders (including telephone, facsimile transmittal, postal and internet orders)
for the sale or supply of goods accepted by the company. For the trade buyer,
any other terms or representations, whether implied by statute, made prior
to, collateral with or subsequent to the contract or order are hereby excluded
and shall not be binding upon the company. For the consumer buyer, representations
shall only be binding upon the company if confirmed within the order form
or other acknowledgement from the Company.
8. Brochure descriptions and colour reproductions therein, Web Site information,
representations and artwork on display are indicative only and any specifications,
origins, measurements and technical data have been prepared by artists and
are for guidance only. Buyers are therefore required to check current specification,
colours and measurements with the Company, prior to order, as art representations
are subject to printing limitations.
9. The company reserves the right to amend technical or clerical errors in
any order without notice. In addition, the buyer shall ensure that all details
contained within the order are correct prior to submission to the Company.
Subsequent to delivery, the Company shall accept no liability for any error
or inaccuracy in order unless notified of such error within seven days of
delivery/receipt of any document containing the said error.
LIMITATIONS UPON LIABILITY
10. For trade buyers, the company is hereby excluded from any liability,
howsoever arising, in respect of any express or implied condition, warranty
or term, statement, representation whether statutory or otherwise, relating
to the goods supplied. The trade buyer accepts that he is best placed to
insure against losses which arise by virtue of any breach of this agreement
and warrants that he carries adequate insurance in this respect.
11. Where goods purchased by the buyer are alleged to be defective, the purchaser
agrees to return such goods to the seller for inspection and report (without
the seller replacing the said goods prior to such inspection). The purchaser
also accepts that it is reasonable to inform the seller of any interruption,
defect or other failure prior to contacting independent third parties or
incurring expense and, in addition, to allow the seller to remedy the defect,
failure or interruption. Goods modified or adapted by the purchaser shall
no longer be warranted by the manufacturer.
12. Where goods are defective, incorrectly supplied, delayed or otherwise
in breach of the implied terms of the buyers’ statutory rights, all
losses that directly result therefrom are excluded and shall not be reclaimable
from the Company. In addition, the company shall accept no liability for
death or personal injury unless caused directly by the Companies own negligence.
13. The company accepts no liability in respect of failure to supply or other
interruptions caused by matters beyond the reasonable control of the company,
including but without limitation, strikes, lockouts, civil disputes, acts
of God, war or actions by third parties.
14. Notwithstanding any other provision of this Agreement, nothing in this
Agreement shall confer a benefit on any person or persons not named as the
purchaser herein (for the purposes of the Contract (Rights of Third Parties)
Act 1999 or for any other purpose).
PAYMENT TERMS
15. Quotations are given on the assumption that no variation in the price
will be made by the manufacturer/sole importer and that Government levies
remain unaltered. In the event of such changes, the trade buyer shall be
liable for the full cost of any change without notice from the Company. A
Consumer Buyer shall be contacted by the Company and consent for any price
increase obtained. Where no such consent is obtained, the Consumer Buyers
agreement to purchase shall be treated as cancelled. Buyers are hereby informed
that calling down of smaller quantities of material than ordered may increase
the overall price per unit, there being reduced economies of scale in order.
The resultant additional cost shall be the buyers.
TITLE AND DELIVERY
16. Ownership or Title to the product shall not pass to the buyer until the company
has received payment in full. In the event that sums owing in respect of other
items ordered remain due, apportionment by this company shall take place without
prejudice to the right to retain title or ownership in respect of all goods ordered.
17. Delivery times will be quoted at time of order and all times given for despatch
or delivery are approximate and time shall not be of the essence. The buyer agrees
to give 20 days in any written notice making time of the essence, such notice
to commence subsequent to the last time for delivery quoted by the Company. The
Buyer further agrees to accept full liability in respect of delayed or late delivery
or dispatch prior to the expiry of any such notice. In respect of special order
goods, the buyer acknowledges that further delays may occur and allows the company
30 days in any written notice, such notice to commence subsequent to the last
time for delivery quoted by the Company. In any event, delivery times are approximate
and variable. When delivery is effected to the purchaser directly or to an independent
delivery contractor as agent for the purchaser, risk shall pass to the buyer
immediately.
18. The Buyer is required to notify the company, in writing, of any shortage,
misdelivery or other discrepancy immediately, or at the latest within seven days
of such shortage, misdelivery or failure, thereafter the buyer shall be liable
for any such discrepancy. Where delivery is effected to the buyers own independent
delivery contractor, loss or damage in transit claims should be made directly
to the carrier. The company will assist purchasers in making their claim. Buyers
should retain all packaging in the event of a claim or return within the terms
of this agreement.
19. Delivery and packing prices indicated within the Companies Brochures and
Internet Site are subject to change and will be confirmed at the time of order.
Buyers
outside the United Kingdom and Europe shall be quoted approximate prices for
delivery and packing prior to order confirmation. If required the Company shall
quote for delivery and packing in such instances and confirmation of acceptance
shall be required from the Buyer prior to acceptance of order.
CANCELLATION OF ORDERS AND LIABILITY
25. Clauses 26, 27, 28 and 29 below shall only apply to a person who purchases
goods as a consumer buyer and is resident within European Economic Community
where rights which accrue by virtue of the Consumer Protection (Distance Selling)
Regulations, apply.
26. A Consumer Buyer shall have the right to cancel any contract for goods made
by means of distance communication, in accordance with these Terms and Conditions,
within seven working days of delivery of the goods. Special order goods shall
not be returnable under the terms of this clause. Cancellation of the contract
can be effected by service of a Written Notice signed by the Consumer Buyer which
details clearly the Companies Sales Order Number and the name and address of
the Consumer Buyer, and delivered either by fax to the number printed on the
Invoice or by post to the Company's registered office.
27. If a Written Notice of Cancellation is received by the Company in accordance
with clause 25 the Consumer Buyer shall become liable to return the goods to
the Company forthwith, to such address as directed by the Company in their original
packaging (and without having been installed or used and with all relevant seals
and enclosures intact) and at the consumer buyer's sole expense.
28. If the Consumer Buyer fails to return the goods in accordance with clause
26 within 7 days of the cancellation of the contract, the Company shall be entitled
to collect the goods from the consumer buyer and to recover any reasonable costs
involved in such collection from the consumer buyer.
29. The Company shall then affect a refund of any monies owing to the consumer
buyer in respect of the goods within 30 days from the date of cancellation or
receipt of goods by the Company. Such a refund will be subject to any set off
of monies to which the Company is entitled under clause 27.
30. The Trade Buyer shall indemnify the company against all actions, claims,
demands, penalties and cost brought by or incurred by third parties or this company
in
tort, contract, infringements of or alleged infringements of patents, copyright
or registered designs or otherwise arising in connection with the goods or their
delivery or unloading or with work done by the company in accordance with the
buyers specifications.
JURISDICTION
31. These terms and this agreement (including an agreement concluded by means
of distance communication) shall be interpreted in accordance with English Law
and industry custom and practice, and English and Welsh courts shall have sole
jurisdiction in respect of any dispute arising therefrom.
Any personal information
provided to or to be collected by Animal Awareness is controlled primarily
by:
GALLERY
34 LIMITED,
CROSS CHAMBERS,
9 HIGH STREET,
NEWTOWN,
POWYS,
SY16 2NY
Sales: Tel/Fax: 01978 869 444
Accounts: Tel/Fax: 01490 440 227
Despatch: Tel/Fax: 01678 520 918
e: contact@animalawareness.co.uk