Terms and Conditions
The following terms and conditions apply if you are buying from us as a consumer.
This page (with our shipping and returns policy and any other documents referred to on this page) tells you the terms and conditions (Terms) on which we supply you any of the products (Artwork) listed on our websites https://www.chalkgallerylewes.co.uk and all associated pages (our Site). Please read these Terms carefully before ordering any Artwork. By ordering any of our Artwork (clicking the button marked ‘Pay Now’), you agree to be bound by these Terms.
The Site is operated by Chalk Gallery.
Unless otherwise agreed by us, we currently only deliver to UK (mainland only) addresses.
2. Your status
When you place an order for Artwork through our Site (Order), you confirm that you are at least 18 years old, you are accessing our site from and are resident in the United Kingdom (mainland, Channel Islands, Isle of Man and Isle of Wight only) and you are legally capable of entering into binding contracts.
3. How the Contract is formed between you and us
After you place an Order, we will send you an email acknowledging that we have received your Order.
We can accept your Order in whole or in part, and we will show we have accepted it by sending an email saying that your Order has been accepted (the Order Acceptance). This is a separate email from both your Order acknowledgement email and the email confirming that your payment has been processed (which is simply an automated acknowledgement of incoming funds from our payment processing provider). Any parts of your Order that are not confirmed by the Order Acceptance have not been accepted by us and we will not supply them. You will be reimbursed in full for any parts of your Order that you have paid for but which we have not accepted.
Your contract with us will relate only to the part of the Order that we have confirmed in the Order Acceptance.
Any artwork, photographs or illustrations on our Site are included only to provide you with an approximate idea of the Artwork they show. We have tried to make them as accurate as possible, but there may be slight variations between these photographs or illustrations and the Artwork that you receive. Full detailed specifications are available on request. We will supply the Artwork as supplied to us by the artist.
If any of these Terms conflict with any term of the Order, these Terms will take priority.
If we are unable to supply you with the Artwork, for example because that Artwork is not in stock or is no longer available, 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 as soon as possible.
4. Your right to cancel
You can cancel an Order at any time before you receive your Order Acceptance.
From the date you receive your Order Acceptance, for 14 days you have a legal right to cancel your Order. This means that during this period if for any reason you decide you do not want the Artwork, you can notify us that you want to cancel the Order and we will refund it. If you choose to do this, we will process your refund within another 14 days from receiving your proof of return. However, it is your responsibility to ensure the Artwork arrives to us in the condition you received it, and you will be responsible for any loss in its value due to damage between delivery at your delivery address and arrival to us.
You will not have any right to cancel a Contract for the supply of any Artwork that is bespoke, commissioned or made to order.
5. Availability and delivery
We will get your order to you as soon as we possibly can. If we think it will take us longer than 3 working days to despatch your order to you we will contact you to keep you informed. We aim to deliver your Order by the estimated delivery date in your order confirmation or dispatch email or, if no delivery date is specified, within 5 business days. Please tell us if you have still not received the Artwork by seven days after the estimated delivery date.
Delivery will take place when we deliver the Artwork to the address specified in your Order. Unfortunately, we will not be able to change the delivery address after your order has been dispatched.
If events beyond our reasonable control delay us in supplying you the Artwork then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for any delays caused by events beyond our reasonable control. However, if there is a risk of substantial delay, you can contact us to end the Contract and receive a refund.
Someone may need to be present at the delivery address to sign for the Art when it is delivered. If no one is present and/or the delivery carrier is unable to leave the Artwork at your delivery address, please follow up with the delivery carrier to re-arrange delivery or collection of the Artwork.
If the delivery carrier is unable to deliver the Artwork and returns it to us, we will try to contact you to agree how to proceed. If you would still like it to be delivered to you, you may need to pay an extra delivery charge for this. If, despite our reasonable efforts, we are unable to contact you, we can end the Contract and refund any money you have paid. We reserve the right to deduct our reasonable costs.
You have legal rights if we deliver any Artwork late. If we refuse to deliver the Artwork, or if we knew before we accepted your Order that delivery within a deadline was essential and we miss that deadline (except due to reasons beyond our reasonable control) then, unless we agree otherwise with you, you can treat the Contract as at an end straight away.
6. Risk and title
The Artwork will be at your risk from the time of delivery.
Ownership of the Artwork will pass to you on delivery or when we receive full payment for your confirmed Order (including delivery charges), whichever is the later.
7. Price and payment
The price of any Artwork will be as quoted on our Site. These prices are not subject to VAT and include delivery costs to UK mainland addresses.
We accept payment by most cards. If you pay us in person at our gallery we also accept cash. We will only dispatch the Artwork after we receive cleared funds.
Your credit/debit card details will be encrypted by us for your protection. Please refer to our privacy and cookies policy for more details. If there is a problem taking payment for all or part of your order, we may contact you by telephone or email to resolve this.
8. Your right to reject the Artwork if it is faulty
If the Artwork is damaged, faulty or defective on delivery, you have a right to reject it. However, if you have any questions or complaints about the Artwork, please contact us by email (firstname.lastname@example.org) or telephone (01273 474477) before taking action.
9. Repairs, replacements and refunds
When you return the Artwork to us for any reason other than your legal right to cancel your Contract within 14 days (for instance, because you tell us that the Artwork is defective) we will examine the returned Artwork upon return and we reserve the right to verify that there is a fault. If you are entitled, we will contact you by email within a reasonable time to agree whether you would like us to repair, replace or refund the Artwork. We will agree with you how long it will take to process your repair or replacement. We will process any refund as soon as possible and in any case within 30 days. If you choose a refund for any defective Artwork, your refund will include an amount for the part of the delivery charge relating to the defective Artwork. If you are entitled to a repair or replacement of defective Artwork, we will not charge you for redelivery of the repaired or replaced Artwork.
We will refund any money due to you using the same payment method you originally used to pay for your purchase, and we will pay it back into the same account (if applicable).
10. Our liability
We warrant to you that any Artwork purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Artwork arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Artwork in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
11. Data Protection
Except as set out in these Terms, we will use your personal information according to our privacy and cookies policy.
12. Events outside our control
If we are unable to supply you with the Artwork or otherwise perform our Contract with you for any reason beyond our reasonable control, we will not be responsible or liable to you for this inability.
13. Other important terms
Applicable laws require that some of the information or communications we send you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email 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.
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may only transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, if we agree in writing.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. Any variations from these terms and conditions must be confirmed in writing.
You will be subject to the policies and Terms in force at the time that you order Artwork from us, except if we notify you of any changes to those policies or these Terms before you receive the Order Acceptance. If we do so, we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days after you receive the Artwork.
The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
These Terms are governed by English law. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Terms last modified 12 June 2020