Art Insania

TERMS AND CONDITIONS

By placing an order with Art Insania, you will be deemed to have read, understood, and agreed to our Terms and Conditions.

If you are unsure of any aspect of our terms and conditions, please contact us, where we will be happy to discuss with you the express and implied terms (outlined below) before placing your order.

Our Terms and Conditions and the use of our Web site are in accordance with, and enforced by, English law. By agreeing to use our ‘service’ you agree to be bound by the jurisdiction of the English court system. This does not affect your statutory rights as per UK law and Common Law[1].

Our website and our Terms and Conditions have been designed for use within the United Kingdom, under English law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations.

Contract
A bilateral Contract between the customer and Art Insania, for the sale of our products, will only exist once an order has been accepted, processed and dispatched by Art Insania.

In plain English, our Web site is an ‘invitation to treat’, where the customer (‘offeror’) is invited to place an offer of notice to Art Insania by ‘checking out’ using the ‘checkout’ feature on the Web site. This includes notifying us of your payment, address, items in your ‘shopping basket’ and relevant details for us to consider your ‘offer’ properly. Once we have received your offer, Art Insania will give notice of acceptance by appropriate communication[2].

Acceptance of the ‘offer’ is at the point of communication from Art Insania of acceptance, arising from your ‘invitation to treat’. This will be via electronic or digital communication, which may include telephone.

Prices and availability of goods are subject to change without notice. This means that the price confirmed to you after placing your order (‘invitation to treat’), may be different to that charged at delivery. Every effort is made to ensure that this will not happen – please refer to our returns policy. A delivery charge will be added to your order value where appropriate.

Your Right to Cancel
You may cancel (‘revoke’) your order (before acceptance) for any reason up to the point of despatch. If you cancel the contract within this time, any payments made by you will be refunded in full within 30 days. We may reasonably deduct any costs incurred if your cancellation is not reasonable.
Art Insania reserves the right of ‘revocation’ for any items on its Web site, or to withdraw any ‘special offer’ in the form of reasonable communication[3].

Payment
We use SagePay to handle and process all payments. Art Insania does not handle or process your payment details. PayPal occasionally decline payment methods due to security grounds or new credit/debit cards being released by banks that have not yet entered PayPal ’s system of authorised payment methods.

If you prefer to use a different payment method, please contact us, where can attempt to arrange a method that is suitable to your requirements. We make not promise or guarantees this will be available.

Exclusion and Exemptions (Limitations of Liability)
Art Insania nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence whether on the part of Art Insania or;
any of its members, agents, directors, employees or otherwise.

And for any indirect special, unusual or consequential loss or damage, including but not limited to; loss of profit, loss of saving, costs
expenses
And for other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

These will be subject to the reasonableness test[4], where the courts shall have regards to such Art Insania.

Art Insania uses reasonable steps to ensure that the Art Insaniai on the website is accurate and up to date, it does not give any warranty (explicitly or implied) as to its accuracy or completeness and not be responsible for any errors or omissions or for the results arising from the use of such Art Insania. It is an invitation for visitors of the site to ‘treat’ (invitation to treat).

Art Insania takes all reasonable steps to ensure a fast and reliable Web service, it does not guarantee that your use of this website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any Art Insania in transit, or loss of or corruption of Art Insania or data when downloaded onto any computer system.

Furthermore, Art Insania will not be responsible nor liable for your use of any other websites which you may access via links within this website. Art Insania does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Art Insania.

The entire liability of Art Insania under or in connection with any contract for any products to which these conditions apply shall not exceed the;
price of the products, price of delivery

[1] Including and not limited to: ‘Sale of Goods Act’, ‘Supply of Goods and Services Act’ and the ‘Consumer Protection Act’.

[2] Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] 1 QB 401, CA for ‘goods on display’ and unilateral contracts of acceptance.

[3] Revocation see: Routledge v Grant (1828) 4 Bing 653 revocation by communication.

[4] Section 11 of the Unfair Contract Terms Act 1977.

The small print:
Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission. This contract remains in force and need not be renewed. If for any reason, one part of this contract becomes invalid, or unenforceable, the remaining parts of the contract still remain in place. Although we have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of English Law and Courts.

Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of Art Insania rights.
Changes to the web design agreement Art Insania reserve the right to add, delete, or modify any provision of these ‘Web Design Terms and Agreement’ at any time without notice.

 

TERMS & CONDITIONS

Please read through the terms and conditions carefully before ordering any products from us.

Please print a copy or bookmark these terms and conditions for future reference.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Art Insania relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please do not use our website.

The term Art Insania or “our/us/we” refers to the owner of the website, a company registered in England and Wales, whose registered office is 20 EWELL ROAD, CHEAM VILLAGE, SURREY, SM3 8BU. The term “you/your” refers to the user or viewer of our website.

 

1 GENERAL INFORMATION

1.1 We reserve the right to change these terms and conditions at any time. Your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. It is important that you read the terms and conditions each time you use our website as you will be bound by the latest terms and conditions that are posted here.

 

2. THE CONTRACT

2.1 By placing an order with us you warrant that you are legally capable of entering into binding contracts and that any information you provide to us during the order process is accurate, complete and not misleading.

2.2 When you place an order on our website this will be deemed as an offer to purchase goods in accordance with these terms and conditions.

2.3 As part of the checkout process you will be given the opportunity to review the final details of your order before you submit the order. At this stage we will send you an e-mail acknowledging your order and will confirm delivery options available. Please note that this e-mail does not constitute legal acceptance by Art Insania of your order in anyway.

2.4 The order shall only be deemed accepted by Art Insania when Art Insania confirms the goods have been dispatched.

2.5 All orders placed via our website are subject to availability of stock. In the unlikely event that you place an order for goods that are out of stock, we will contact you as soon as possible. You will be given the option to wait until the goods are available and in stock or to cancel your order. You can if you wish, if you choose to cancel your order you will be refunded in full.

2.6 We will retain details of your orders in our database which can be made available to you upon request. Please contact info@artinsania.com for more information.

2.7 No variation or amendment of this Contract will be valid unless in writing and signed by you and an authorised representative of Art Insania.

 

3. PRODUCT & PRICE INFORMATION

3.1 All pictures, descriptions are provided for general information to give you an idea of the goods described in them. Any weights and sizes supplied are a guide only and are approximate. Please contact us at info@artinsania.com if you require more detailed information.

3.2 We reserve the right to deliver goods of a modified design provided that any difference does not make the goods unsuitable for any purpose you have made known to us.

3.3 All prices are shown in Pounds Sterling and are only applicable to purchases made via our website. There may be occasions where prices and promotions offered on our website may differ from those prices and at shows or events. We are under no obligation to honour from those online.

3.4 In the event that there are any errors regarding price or description, we reserve the right to correct that price or description and notify you accordingly. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be given the option to proceed with the revised order at the correct price or description, or to cancel the order. Upon cancellation, your credit or debit card will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.

3.5 All prices are exclusive of any other sales tax or duty that may be applicable in your country which will be payable in addition to the price unless otherwise stated.

 

4. PAYMENT INFORMATION

4.1 We accept payments by most major credit/debit cards or by PayPal. Please contact us if you wish to pay by PayPal by emailing info@artinsania.com

4.2 Payments handled via SagePay or PayPal may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

4.3 We are not liable for any bank charges that you may incur if sufficient funds are not available at the time of processing the payment.

4.4 We do not retain any details of your credit / debit card at any time during your use of this website.

4.5 We reserve the right to charge a credit card surcharge if you choose to make payment to us by credit card.

 

5. DELIVERY INFORMATION

5.1 Art Insania will ship goods via the most cost effective and secure method which is available at the time of shipping. We reserve the right to change shipping methods at any time.

5.2 Once your order is packed, we contact you to confirm despatch.

5.3 All first time credit card purchases can only be shipped to the address registered to that card. At SagePay's discretion.

5.4 Items that are ordered before 15.00 GMT, Art Insania will endeavour to despatch the same day wherever possible. We will advise when stock will be despatched.

5.5 For non-stock items or items out of stock, we will contact the customer will be notified of an approximate delivery date as soon as it becomes available.

5.6 Art Insania will not be held responsible for any goods lost or damaged after dispatch unless otherwise agreed.

5.7 You have the right to organise your own courier, however it is on the condition that it is a worldwide recognised company and we are supplied with relevant account numbers and contact details. Art Insania will not be held responsible for any goods lost or damaged if you elect to use your own courier.

5.8 Goods may be collected in person. Additional ID maybe required to confirm identity. We are unable cannot allow products to be paid for via the website and collected in person.

5.9 Special shipping notes and requests can only be requested at the time of purchase and will be agreed via email if accepted by Art Insania.

5.10 Any order discrepancies or shortages must be notified to Art Insania immediately upon delivery by emailing info@artinsania.com. Any claims received after that period will not be accepted.

5.11 For deliveries to non-mainland UK addresses/certain remote locations and rest of the world there may be an additional surcharge imposed by our carriers and a slightly longer delivery lead-time. Please contact us at delivery@artinsania.com.

5.13 Any days or timescales quoted for delivery are approximate only. We cannot be held liable for any delay or failure to deliver goods within the estimated timescale and/or any costs incurred if delivery is delayed. Where possible we will advise you on a tracking number.

5.14 Risk of loss and damage to goods will pass to you on completion of delivery.

5.15 The Buyer pays ALL import duties and taxes. These charges are your responsibility.

5.16 Deliveries that must clear customs; this may delay your order and is not the responsibility of Art Insania.

5.17 Most countries charge customs duties and taxes on items being imported from the UK. We are not responsible for importing laws and taxes in your country.

5.18 Import duties, taxes and charges are NOT included in the item price or shipping charges. Please check if there any additional costs in sending goods to your country prior to buying.

5.19 Duties, taxes and charges are normally collected by the delivering freight (shipping) company or when you pick the item up – do NOT confuse them for additional shipping charges.

 

6. REFUNDS & RETURNS

6.1 All goods sold from stock to consumers can be returned within 14 days of the delivery date, and are in the same condition as they were despatched. Shipping fees will only be refunded at the basic delivery charge. Refunds will be issued to the original payment method.

6.2 All Special Orders are non-refundable except at our sole discretion. We reserve the right to apply a handling charge fee up to 50% of the price of the Special Order, which shall be deducted from any refund due

6.3 All return requests must be sent in writing within 14 days of the delivery date to info@artinsania.com and then a further 14 days is allowed for the goods to reach our warehouse.

6.4 We reserve the right to accept or reject at our discretion any returns outside of this period.

6.5 All goods must be accompanied by a completed returns form, which will be provided by us, by emailing inf@artinsania.com it is your responsibility to cover all and any return delivery fees and for the goods to be insured for the relevant amount. We will not be liable for items returned to us damaged in transit.

Return Address:
Art Insania (Returns)
20 EWELL ROAD, CHEAM VILLAGE, SURREY, SM3 8BU
United Kingdom
Tel: 0208 661 2900

6.6 All Special Orders are non-refundable except at our sole discretion. We reserve the right to apply a handling charge fee up to 50% of the price of the Special Order, which shall be deducted from any refund due

6.7 Under the Distance Selling Regulations you have the right to cancel your order any time before dispatch, or within 14 days of receiving your goods. Please contact info@artinsania.com if you wish to cancel your order. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned unopened and you must take reasonable care to ensure they are not damaged in transit. Items made to order, tried or “tested or materials cut to customers’ requirements, are not returnable in any circumstances.

 

7. INTELLECTUAL PROPERTY

7.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

7.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

8. BUSINESS CUSTOMER

8.1 This clause applies to you if you are a business.

8.2 Nothing in these Terms limits or excludes our liability for:

a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d. defective products under the Consumer Protection Act 1987.

8.3 Subject to clauses 10, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.

8.4 Subject to clauses 10, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price that the goods were sold to you or £10 million, whichever is the lesser sum.

8.5 Except as expressly stated in these Terms, we do not make any statement; give any representation, warranties or undertakings in relation to the goods. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.

 

9. LIABILITY

9.1 Nothing in these terms and conditions excludes or limits our liability for:

9.1.1 death or personal injury caused by our negligence;

9.1.2 fraud or fraudulent misrepresentation;

9.1.3 defective products under the Consumer Protection Act 1987; or

9.1.4 any other matter in respect of which it would be unlawful for us to exclude or restrict our liability.

9.2 Subject to clause 11.1, we will not be liable to you for:

9.2.1 loss of profit;

9.2.2 loss or corruption of data;

9.2.3 depletion of goodwill; or

9.2.4 any indirect or consequential loss, damage, costs or expenses.

10. FORCE MAJEURE

10.1 We will not be liable for any delay or failure to fulfil any of our obligations under the Contract where such a failure or delay is caused by a Force Majeure Event.

10.2 A Force Majeure Event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.

10.3 This includes (but is not limited to) strikes, industrial disputes, transportation problems, acts of God, war, riots, fires, natural disasters, or extreme adverse weather conditions.

11. GOVERNING LAW & JURISDICTION

11.1 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Copyright © 2020 Art Insania.
All Rights Reserved

Art Insania,
20 EWELL ROAD,
CHEAM VILLAGE,
SURREY,
SM3 8BU

Web: www.artinsania.com

Email: info@artinsania.com

 

Terms & Conditions | Privacy | Cookies | Returns & Refunds

Art Insania Art Gallery in Cheam, Surrey.
20 Ewell Road, cheam village, SUrrey, SM3 8BU
ART INSANIA IS AN INDEPENDENT ART GALLERY, SELLING OUR OWN ORIGINAL ABSTRACT & CONTEMPORARY PAINTINGS
CONTACT US
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