THE ARTEYE GALLERY WEBSITE
Terms and conditions
These terms and conditions regulate the business relationship between you and Art Eye Gallery. By using Art Eye Galleries Web Site in any way, or by buying from Art Eye Gallery, you agree to be bound by them.
In this agreement:
"Carrier" means any person or business contracted by Art Eye Gallery or our artists to carry Goods from us to you, whether all or part of the distance.
"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site.
"Goods" means any of the Goods we offer for sale on our web site
"Content" means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 Your contract is with Art Eye Gallery, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Goods, returns, commissions or refunds.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to Art Eye Gallery will be borne by Art Eye Gallery. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 Any details given by Art Eye Gallery in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to Art Eye Gallery under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your Artwork within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
6.1 Art Eye Gallery has the right to may make improvements or changes to the Web Site, the Content, or to any of the Artworks, at any time and without advance notice.
6.2 You are advised that Content may include technical inaccuracies or typographical errors.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the for your purpose.
6.3.2 the truth of any information given on Our Web Site;
6.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
6.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
6.3.5 compliance with any law;
6.3.6 non-infringement of any right.
6.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
6.5 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
7 Content and Intellectual Property Rights
7.1 Title, ownership rights, and intellectual property rights in the Content whether provided by Art Eye Gallery or by any other Content provider shall remain the sole property of Art Eye Gallery and / or the other Content provider. We will strongly protect its rights in all countries.
7.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
You agree to indemnify Art Eye Gallery against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
9 Contractual Limitation
Where we provide Artwork without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
10 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
11 No Waiver
No waiver by Art Eye Gallery, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and Art Eye Gallery, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13 Persons under the age of 18
13.1 If you are under 18 years of age you agree that you have had your parents or legal guardians permission to send any information to us about yourself or anyone else over the internet.
13.2 Art Eye Gallery makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18