This is the official side - the small print associated with the purchase contract that you enter into with the Brook Gallery Ltd, Company number 05406156, Fore Street, Budleigh Salterton, Devon EX9 6NH when you buy through our website.
1. An order for goods placed by you through our website shall be subject to these terms and conditions.
2. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
3. Nothing stated or implied in these terms and conditions shall affect the statutory rights of any customer.
4. We undertake to supply Limited Edition original prints as described on these web pages.
5. All orders for goods shall be deemed to be an offer by you to purchase goods pursuant to these terms and conditions. If your order involves special instructions for mounting or framing we ask that you place your order by telephone by calling us on 01395 443003, country code 44 if outside the UK.
6. You will be responsible for ensuring the accuracy of the details provided on the order form and we will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
7. Upon placing an order we will send an acknowledgement to you. Acceptance of your order and completion of our contract will not take place until despatch of the goods to you.
8. Please see the 'How the web-site works' section of our website for information on how to place an order.
9. We do not file details of your order for your subsequent access on this website so please print these terms and conditions and our order acknowledgement for your records.
10. All goods offered for sale through our website are priced in Pounds Sterling (?) and are inclusive of VAT.
11. VAT is not charged to or payable on orders accepted from and delivered outside the EEC. These orders must therefore be placed directly with the gallery by telephone.
12. For deliveries overseas, customs and import duties are not included. You are responsible for payment of any surcharges.
13. We reserve the right to notify you at any time prior to delivery of any price errors. If you receive such a notification we will not despatch the goods unless you confirm that you still wish to proceed with the purchase.
14. By placing an order you consent to payment being charged to your credit or debit card account.
15. We accept payment by cheque (drawn on a major UK bank) in ? sterling. We will despatch goods upon clearance of your cheque (normally five working days)
16. We accept the following credit/debit card payments: VISA credit, Mastercard, Electron, Maestro/Switch, Visa Debit and Solo, Corporate, Commercial and Purchasing cards.
17. Upon payment, we will send you a receipted invoice by post.
18. Title to the goods will pass to you on payment in full of the price of the goods.
19. The goods will be delivered to you at the address provided by you under shipping address.
20. We aim to deliver goods to you within a maximum of 10 working days, but where possible within 5.
21. If you have not received the item(s) within 10 days of placing the order please advise us so that we may trace the parcel.
22. All shipping/delivery charges are shown on your order form prior to your committing to your purchase.
23. The risk in the goods shall pass to you upon delivery.
24. Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods however caused. If, however, we are unable to deliver your goods by the date quoted for delivery you shall be entitled to cancel the order at any time before delivery takes place.
25. Everything sold by the Brook Gallery has been carefully checked. Sometimes, however, items are damaged, defective or are unacceptable in some other way and we will make every effort to rectify that situation.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS IN ANY WAY
26. When you receive your goods, please check them immediately. Any damage must be notified to the Brook Gallery within 3 days of delivery. The Brook Gallery will then arrange for collection and a replacement, if one can be obtained. If this is not possible, you have the option of choosing an alternative or a full refund.
27. Where a limited edition print has sold out between despatch and return, a refund may have to be given if a replacement cannot be found.
28. Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. This does not apply to items personalised or made to your specification, such as commissioned works and works framed specifically for you. To cancel, you can e-mail us at firstname.lastname@example.org or write to us at the address at the top of this section within seven days of delivery of the goods. You must then return the goods to us at, the Brook Gallery to the address set out at the beginning of these terms and conditions, at your cost. You must ensure that the goods are packed securely.
29. You, the buyer, warrant that all the details provided on the order form for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
30. The details you supply (not including credit card details) will be stored on computer and used by us to provide details of future events; newsletters and other information relating to the sale of our art products. If you do not wish to receive this information please tick the box on your order form or advise us in writing and we will remove your details from our database.
31. Your security and privacy are our priority; it is not our policy to disclose any of your details to any third parties.
Why shopping with us is safe:-
32. We only accept your personal information such as address and telephone numbers for our own purposes. Your payment details are captured by a secure server off-site.
33. Security is an issue which concerns all Internet shoppers. No client
information is held in an insecure manner and all information is safely
held in a secure server provided by our specialist Internet Service Provider. Credit card details are encrypted using 128-bit SSL. All credit card transactions are handled by Protx, a leading UK Payment Service Provider, who provide market leading credit card verification and security.
34. All information gathered, including any information given at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998. The information collected about you will be used firstly to enable us to process your order or your enquiry and second, to provide you with the best possible customer service. The information we hold will be accurate and up-to-date and will be held in accordance with the law. You can check the information that we hold about you by e-mailing us or by writing to the following address:
Angela Alexander, The Brook Gallery, Fore Street, Budleigh Salterton, Devon, EX9 6NH or by e-mailing customercare@Brookgallery.co.uk
35. The copyright in the material contained in this website and any trademarks and brands included in that material belongs to The Brook Gallery or our licensors.
36. You may download or copy the content and other down-loadable items displayed on the website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the website for other than personal use is expressly prohibited
37. Any information found on this website is intended for guidance only. The web site and the products described in it are subject to change without notice.
38. Copyright in the web site, its design, layout, look, appearance and graphics remain our property. The contents of the web site may be downloaded printed or copied for personal use only.
39. We have made every effort to develop this web-site to be compatible with all hardware and software which may be used by visitors to the site. The site is managed from a secure data centre designed for the purpose, in the unlikely event we will not be liable for damage to, or viruses that may affect your computer equipment, software, data or other property as the result of your access to, use of or browsing of this website or your downloading of any materials, data, text or images.
40. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
41. We will attempt to ensure that the information available on the website at any time is accurate. However, we will not be held liable for any errors or omissions. We will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
42. Whilst we attempt to be as accurate as possible with the specifications of the artwork offered for sale, we cannot be held responsible for any inaccuracies.
Queries and Complaints
43. Should you have any complaints about our products or services, we would request that these be put in writing and e-mailed to Customercare@brookgallery.co.uk.
44. Any complaint received will be acknowledged within five working days and you will be informed of a projected time scale for dealing with that complaint, together with the steps we intend to take in dealing with it.
45. Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
46. Subject to Section 46 above:-
46.1 we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with our contract with you subject to these terms and conditions for any:-
46.1.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by you arising out of or in connection with the provisions of any goods under these terms and conditions.
46.2 our total aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the goods.
47. You may not assign or sub-contract any of your rights or obligations under these terms and conditions.
48. If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity orenforceability of the other sections of these terms and conditions shall not be affected.
49. These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
50. No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of ours.
51. These terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this website and sets out the entire agreement and understanding between you and us for your use of this website
52. These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English Courts.