Cornish Galleries – firstname.lastname@example.org – (hereafter referred to as “Cornish Galleries”).
The Customer and Cornish Galleries may individually be referred to as a “Party” or collectively as the “Parties”.
All notices, requests, demand or other communications required or permitted by the terms of this agreement will be given in writing and delivered to Cornish Galleries at the above email address.
Cornish Galleries broker the sale of art between customers and artists via the website (www.cornishgalleries.com). These Terms, together with any special terms will govern the Contract between the Buyer and Seller and Cornish Galleries.
Employees of Cornish Galleries are not authorised to make any representations concerning the Goods unless confirmed by Cornish Galleries in on its website or in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
By checking the ‘accept’ box or ordering the products, you are agreeing to be bound by and are becoming a party to this agreement. Cornish Galleries reserves the right to change this agreement at any time in the future at our sole discretion and any changes will apply to the sale of any goods after the date of such change.
- All Goods are offered subject to availability and subject to the Artist’s acceptance of the Order.
- Cornish Galleries reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted unless and until it is confirmed unconditionally by Cornish Galleries.
- Cornish Galleries reserves the right to amend the specifications of any of the Goods without prior notice. The exact size of Goods may vary slightly from piece to piece and from the official Goods dimensions listed on the website.
- Cornish Galleries aims to display and describe as accurately as possible the work on its website but cannot guarantee that colours and details of the supplied art will exactly match those described or displayed on the Buyers monitor or printer.
2. Price, Payment and Currencies
- Work is sold via the gallery using a UK government scheme called the margin scheme and VAT cannot be isolated and broken out on the invoice even when sold and invoiced within the United Kingdom. Further information on the margin scheme can be found here: https://www.gov.uk/vat-margin-scheme.
- Payment must be made by credit card or debit card at the time of placing an Order which is accepted by Cornish Galleries. Payment in full will be taken at this time and the Contract will be in force.
- Cornish Galleries is based in the UK and accepts GBP sterling payments
- The Buyer undertakes that all details provided to Cornish Galleries for the purpose of the Order and its delivery will be correct and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. Cornish Galleries reserves the right to obtain validation of the Buyer’s credit card or debit card details before accepting the Buyers Order.
- Any credit towards payment is accumulated and may only be applied at the sole discretion of the Seller. Cornish Galleries reserves the right to limit, invalidate, or deny the application of credit to a purchase at any time. Cornish Galleries may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
- Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Cornish Galleries.
- The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of The Artist.
- We aim to process and ship the purchase Order within 7 days of Order Confirmation. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
- The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
- If the Buyer wrongfully fails to take delivery of the Goods, Cornish Galleries shall be under no obligation to refund the Price.
- Purchased Goods may not be returned to the Artist except as provided in the “Returns, refunds, exchanges and cancellations below.
4. Risk of Damage and Transfer of Goods
- Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
- Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Artist until Cornish Galleries has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to Cornish Galleries in respect of the Contract or any other Contract between Cornish Galleries and the Buyer.
5. Returns, refunds, exchanges and cancellations
- The buyer shall have the right to return a purchase within seven days of Receipt for an exchange or refund at his/her preference if the item is Defective or for any other reason provided they do the following:
(i) Email email@example.com within seven days of Receipt stating: (a) Your Order Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund
(ii) Return the Goods to the Artist in the condition it arrived in, via the instructions that Cornish Galleries sends following your email.
(iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
- Cornish Galleries will not be held liable for any damage to any Goods caused anytime after Receipt of the Order. Cornish Galleries will not be able to accept any returns of Goods that have been damaged after Receipt
- Cornish Galleries will process, and refund/exchange all returns within 30 days of the Artist receiving returned Goods from the Buyer.
6. Intellectual Property Rights
- We use reasonable efforts to ensure that art is the original work of the stated artist. The Content on the Website, excluding any listed Art, created by Cornish Galleries and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cornish Galleries, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Cornish Galleries or as expressly provided herein. Cornish Galleries reserves all rights not expressly granted in and to the Website and the Content contained therein.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of listed Art of third parties obtained through the Website for any commercial purposes. You agree not to download or print a copy of any listed Art for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Cornish Galleries requires all artists to agree to the art submission terms and conditions set forth in the submission process and these Terms and Conditions when submitting their art for consideration (“Art Submissions”). While Cornish Galleries makes every attempt to validate the legitimacy of all listed Art before promoting work through the site, the person uploading any such listed Art, is solely responsible for it, and your sole recourse for any damage you may suffer as a result of such listed Art being promoted via the Website or otherwise made available on the Website.
7. Limitation of Liability
No Indirect Damages.
In no event shall Cornish Galleries (or its suppliers or licensors) be liable to you or any third party for special, incidental, consequential, exemplary, punitive, multiple or other indirect damages, or for loss of profits or loss of use damages, arising out of the art installation or the services, whether based upon warranty, contract, tort, strict liability or otherwise, even if Cornish Galleries has been advised of the possibility of such damages or losses.
Limited direct damages.
Cornish Galleries’ (and its suppliers’ and licensors’) aggregate liability arising out of any products, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the applicable fees paid by you for the applicable product and/or service.
Use of results at your risk.
You assume sole and exclusive responsibility and liability for any claims or damages of you or any third party arising from use of the art, the services or any product.
Cornish Galleries may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Cornish Galleries services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Website or any other Cornish Galleries product or service. Termination of your account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Cornish Galleries’ sole discretion and that Cornish Galleries shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
- In the event that either party breaches a material provision under this agreement, the non –defaulting Party may terminate this agreement immediately and require the defaulting party to indemnify the non-defaulting party against all reasonable damages.
- Either Party shall be excused from the performance of its obligation under this agreement in the event such performance is prevented by causes beyond the control of a particular Party, including without limitation, unforeseen circumstances causing the disruption of services provided through Cornish Galleries’ website; acts of God; acts, regulations or laws of any government; war; civil commotion; destruction of service facilities or materials by fire, earthquake or storm; epidemics; strikes; and failure of common carriers, and such performance shall be excused; provided, however, that if any such Force Majeure event continues for more than one month, Parties may terminate this Agreement.
9. Capacity / independent Company
In providing the Services under this agreement it is expressly agreed that both parties are acting as independent contractors and not as employees. Both parties acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.
Both parties agree that they will not disclose, divulge, reveal, report or use, for any purpose, except by mutual agreement in writing or as required by law, any confidential or commercially sensitive information obtained during the course of this agreement. The obligations of confidentiality will apply during term of this agreement and will survive indefinitely upon termination of this agreement.
11. No waiver
Waiver of breach or failure to strictly enforce the terms of this agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise required strict conformance with the terms of this agreement.
If payment due under this contract is more than 28 days overdue Cornish Galleries may institute collection procedures. The Customer agrees to pay Cornish Galleries’ costs of collection and retrieval of artwork and its property, including without limitation reasonable legal fees. Any amounts not paid when due shall bear interest at the lower of the rate of 1.5% per month or the maximum rate permitted by law.
All notices, requests, demand or other communications required or permitted by the terms of this agreement will be given in writing and delivered to the parties at the following addresses:
Except to the extend paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and cost of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying part , its respective directors, shareholders , affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with this agreement. This indemnification will survive the termination of this Agreement.
15. Time of the essence
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
It is agreed that there is no representation, warranty collateral agreement or condition affecting this Agreement except as expressly provided in this agreement.
16. Governing Law
This agreement will be governed by and construed in accordance with the laws of England.