TERMS AND CONDITIONS
06, March, 2023
The terms and conditions under which you use the www.harmergallery.com website, at home or in a pop up of other exhibitions. The use of the Harmer Gallery website constitutes full agreement with these Terms & Conditions are stated below.
HARMER GALLERY Online. (“Harmer Gallery Ltd,” “we” “us” or “our”) provides a service for viewing and purchasing original works of art through our website, accessible at www.harmergallery.com (the “Site”) or mobile apps (the “Mobile Application”) together with any services, software, tools, features or functionality made available by harmer gallery (each, a “Service” and collectively, the “Services”).
By installing, accessing or using our websites, apps, email newsletters and subscriptions, and other digital properties that reference these terms (together, “online services”), you are entering into a binding agreement in respect of your use of the online and physical services with Harmer Gallery (“we”, “us” or “our”), in the United Kingdom. If you do not agree to these terms, you must not use our online services.
Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
1. PAYMENT FOR GOODS & DELIVERY CHARGES
Harmer Gallery can only supply goods that are ordered online via the website, email, telephone or in person at a pop up or exhibition. All payments, including shipping costs, must be paid by credit, debit card, paypal, bank transfer or cash if ordered in person. All transactions are completed on a secure server and Harmer Gallery will process all card transactions at any event. Harmer Gallery is not responsible for parcels damaged during shipping.
Harmer Gallery is not responsible for international duties or taxes. All international duties and taxes in relationship to your order are the responsibility of the purchaser.
The Services are intended solely for persons who are 18 or older. The online services are not intended to be used by, or targeted to, anyone under the age of 18 years old. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the online Services you represent and warrant that you are 18 or older.
If you are under the age of 18, then you must immediately stop using the online services and close any online services account that you have created. You can request account deletion through by contacting us using the contact us section on our website.
In order to make a purchase through the Services, (other than users who utilise the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilising our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify HARMER GALLERY of any unauthorised use of your Account.
Orders will be processed and sent out within 5 - 10 working days unless otherwise stated. All UK parcels are shipped via Recorded ‘Signed For’ service. Most Artwork prices do not include cost of packaging and delivery which may be charged in addition. Shipping costs within the UK are free. However some larger and delicate artworks may incur a packing and shipping fees which is calculated from point of despatch (UK) to your chosen address.
PRICES AND ORDER CANCELLATIONS
Prices are as stated on the website and are subject to change at any time without notice. Harmer Gallery reserves the right to cancel any order for an Original Work of Art placed via the Services if determines in its reasonable discretion, that the item is mis-priced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Harmer Gallery cancels an order placed via the Services, An email confirmation of such cancellation will be sent to you and you will not be charged for your order.
In the event that our website experiences a technical error and fails to charge correctly or an item is mistakenly listed at an incorrect price, Harmer Gallery reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Harmer Gallery shall issue a refund in the amount of the incorrect price.
HARMER GALLERY WARRANTIES
Harmer Gallery is unable to provide any warranties in relation to the goods provided over its statutory obligation to provide goods of satisfactory quality in accordance with the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994.
To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
We make no warranty that the Website/Services will meet your requirements, the functionality will be uninterrupted/error free, or the server that makes them available are free of viruses or anything else which may be harmful.
Not a thing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the website in relation to death or personal injury as a result negligence. shall be limited to the total value of the transaction.
AVAILABILITY OF THE WEBSITE & GOODS
Harmer Gallery will use all reasonable endeavors to ensure that the website does not have any problems and that the goods displayed are available. However we cannot guarantee the availability of the website or that any goods on the site are in stock or available. In the case of an ordered item becoming out of stock, items will be allocated on a time-ordered basis and a full refund offered to all excess orders.
INTELLECTUAL PROPERTY RIGHTS
The Website and its content (without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services, product names and company names or logos featured on this website are the property of Harmer gallery) They are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying or printing of pages of the Website for non-commercial home use only.
RETURNS & EXCHANGE
All products sold at www.harmergallery.com and at any pop up of exhibition are verified by us as the genuine.
Harmer Gallery is confident you will be satisfied with your purchase however if not, returns are accepted within 10 days of receipt as long as the piece is returned in good condition within their original packaging alongside original proof of purchase.
Shipped artworks can be returned to us via post and refunded minus the shipping and packaging cost. Harmer Gallery cannot accept responsibility for loss or damage to returned goods whilst in transit. If you do have to return any item, kindly use a trackable system. However, once it has left the UK, Harmer Gallery cannot be held accountable for damages or imperfections artwork, and our guarantee becomes void. All orders found to be faulty or not as described will be refunded in full after we have received the item back at the gallery. All orders found to be faulty or not as described must be reported to email@example.com with photographs within 10 days of receipt otherwise all guarantees and insurance are expired. All refunds will be processed in GBP.
If you have any problems with your order or wish to cancel/exchange an artworks please contact us to arrange a refund, replacement or exchange. These terms and conditions do not affect your statutory rights as a consumer.
PRIVACY & COOKIES POLICY
RIGHT TO ALTER TERMS & CONDITIONS
The Harmer Gallery website is constantly changing and these terms and conditions may be updated from time to time. Harmer Gallery reserves the right to change the terms and conditions without notice.
COLOUR AND VARIATIONS IN ARTWORKS
You understand and agree that Harmer Gallery uses commercially reasonable efforts to display the colours of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors/devices may display colours differently, Harmer Gallery is not responsible for the colour accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard. All artwork descriptions and dimensions listed on the website are intended to be as accurate as possible. However, sizes can vary from print to print.
Gift Vouchers may be redeemed within 6 months of purchase, excluding all items on sale.
A deposit payment will reserve an artwork for you for 30 days. You will only be able to collect your artwork if you have paid in full. If you do not pay the remaining balance and collect your product within this time period, then the artwork will be put back in stock, and you will be refunded.
If you would like us to hold them for longer you must get in touch quoting your order number. The additional length of time for which we will hold your goods is solely at our discretion.
Harmer Gallery respects copyright law and expects its users to do the same. It is Harmer Gallery policy to terminate in appropriate circumstances of Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Harmer Gallery Policy for further information.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Harmer Gallery may link to sites operated by third parties.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Harmer Gallery is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Harmer Gallery of such websites or resources Harmer Gallery has no control over these linked sites, all of which have separate privacy and data collection practices. These linked sites are only for your convenience and therefore, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Harmer Gallery does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorised operating systems (e.g., Apple iOS for Androids devices). If you create an online services account (where applicable), you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and you must always keep your account information accurate. If you download or stream our online services onto a mobile device or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the mobile device or other device.
Contacting HARMER GALLERY
If you have any questions about these Terms, please contact us at firstname.lastname@example.org