Terms and Conditions
Effective Date: 15 January 2012
This page tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.patbullenwhatlinggallery.co.uk By ordering any of our Products and services you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Pat Bullen-Whatling Gallery is an art business wholly owned by Patricia Bullen-Whatling whose private address is 27 Dynevor Avenue, Llandeilo, Dyfed, SA19 6EA. United Kingdom. This is my private address however and is not to be used for the purpose of contacting me on business matters unless all other avenues have been exhausted. All business is to be handled through my online gallery www.patbullenwhatlinggallery.co.uk or through other galleries I exhibit in, exhibitions and other artistic outlets etc.
Making a contract with us
By placing an order through my site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in my Returns Policy below).
To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation we may have a right of action against you for compensation.
An exception to the right to cancel, above, is where the item is personalised or made to order.
Availability and Deliverability
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. Product prices will include VAT when applicable though, at the moment, this business is not VAT registered.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Payment for all Products must be by credit/debit card or other method as available on our web site. We process all payments on the web site via PayPal who accept the following cards: Visa / Delta / Electron * MasterCard / Eurocard * PayPal Top Up Card * Maestro * Solo * American Express.
Debit cards (also known as bank cards) are accepted if they have a Visa or MasterCard logo.
Returns will not be accepted unless we have been notified in writing in advance and within 30 days of receipt of goods either through the on-site returns form or by emailing us direct at: email@example.com .
If you return a Product to us:
1. because you have cancelled the Contract between us within the 7-day cooling-off period (see clause 'Consumer Rights' above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case we will refund the price of the Product in full (excluding original delivery charge) and you will be wholly responsible for any costs involved in returning the Product back to us.
2. for any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies since ordering the Product, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Purchases for business are excluded from the 30-day return policy, no such goods will be accepted for return unless faulty or damaged.
Refund of 'returned Products' lost in transit will not be considered unless proof of posting is supplied.
Claims for damage must be made within 3-days of receipt of goods. Damaged product and packaging must be retained in case of inspection by our carriers. Claims of non-delivery must be made within 28-days of despatch.
Descriptions of goods and services included in the Pat Bullen-Whatling Gallery site are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images, mounts and frames may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly between production batches and the stated size usually includes the margin. For this reason we strongly recommend that you wait to receive your unframed prints before committing to third-party frames. If you need to know the precise dimensions of a product, please contact us on firstname.lastname@example.org .
The images and designs used on the Pat Bullen-Whatling Gallery website are the property of Pat Bullen-Whatling or their respective copyright owners, and are used by Pat Bullen-Whatling pursuant to express authorisation from copyright owners or their agents. All copyright, trademarks and other intellectual property rights in and relating to the Pat Bullen-Whatling Gallery are vested in Pat Bullen-Whatling or her partners where appropriate. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Subject to 'Negligence etc', if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
Subject to 'Negligence etc', we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
1. loss of income or revenue;
2. loss of business;
3. loss of profits;
4. loss of anticipated savings;
5. loss of data; or
6. waste of management or office time.
However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause.
Nothing in this agreement excludes or limits our liability for:
1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
4. defective products under the Consumer Protection Act 1987; or
5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Pat Bullen-Whatling Gallery at email@example.com . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in 'Written Communications' above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Events Outside of Our Control
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. strikes, lock-outs or other industrial action;
2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks; and
6. the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 'Notices' above.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to this Agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Pat Bullen-Whatling reserves the right to suspend or terminate any members account or open orders or any other contacts which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.
The Pat Bullen-Whatling Gallery is a business based in Wales and every sale shall be deemed to be performed under Welsh and English law which shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.