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Terms and Conditions of Sale
- 1. IJWHorshamart also known as Ian J Walder, 8 Welcome Place, Southwater, Horsham RH139AL and is a trading name of Ian Walder as a seller of artwork. These Terms & Conditions apply to the sale of artwork (the “Artwork”) by the Artist (the “Artist”) or by IJWHorshamart (the “Gallery”) to you. It will always make clear on the invoice who is the seller. These Terms & Conditions do not apply to the sale of framing services or other services.
- 2. Application & Territorial Scope. By entering into a contract with the Gallery or the Artist you are accepting these Terms & Conditions to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. If you are a consumer, nothing in these Terms and Conditions will affect your legal rights. Any samples, advertising drawings, descriptive matter or advertising issued by the Gallery and any descriptions or illustrations contained in the Gallery's catalogues or brochures are issued or published for the sole purpose presenting the products in them and describing how they have been created. They shall not form part of the contract between you and the Gallery or Artist or have any contractual force.
- 3. An order by you constitutes an offer to purchase Artwork in accordance with these Terms & Conditions. An order shall only be deemed to be accepted when the Gallery issues written acceptance of the order or takes payment at which point a legally binding contract upon these Terms & Conditions shall come into existence. Any quotation given by the Gallery shall not constitute an offer, may be revoked at any time, and in any event shall only be valid for a period of 30 days from its date of issue (unless otherwise specified in the quotation).
- 4. Governing Law & Jurisdiction. These Terms & Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the English courts.
- 5. Severability and Waiver. If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these Terms & Conditions. A waiver is only effective if it is in writing.
- 6. Prices. IJWHorshamart price lists, quotations, order confirmations and invoices are on the basis “errors and omissions excluded” (E&OE). Our prices exclude carriage and insurance on carriage however, these prices do include VAT charged at the prevailing rate.
- 7. Delivery Carriage & Insurance. Delivery carriage and Insurance is not included in the prices as set out in the product galleries. They remain separate and are outlined in accordance with the details set out under delivery.
- 8. Title & Risk. As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you. If an Artwork has been loaned to you then you are responsible for the Artwork and the risk of damage to or loss of the Artwork.
- 9. Ownership of the Artwork Copyright. Copyright of the Artwork remains the property of the Artist. You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose without the Artist's express permission. If you breach any of your obligations under section 8 you agree that: (a) the payment of damages will not be a sufficient remedy to compensate the Artist for your breach; (b) the Artist may apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions and (c) the Artist affords that upon full payment being made for the purchase of the Artwork your rights to on-sell, gift, dispose of the Artwork are not affected.
- 10. Liability of the Gallery. We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. The Gallery and its agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork.
- 11. Payment. Unless otherwise agreed you may collect your order or receive delivery by accredited couriers, after receipt of cleared funds. We accept payment in Pound Sterling only, either by the means outlined in the payment section or privately following confirmation with the Artist through Bank Transfer. Please contact the Artist for details.
- 12. Individual Commissions. If you order a specifically commissioned piece of Artwork it will be made to your individual specifications and is therefore bespoke & personalised and costs agreed in writing prior to any work taking place. This means that it can sometimes take more time for your art to be delivered, although the Artist will always try to deliver sooner. Delivery times are given by way of estimate only. Time shall not be of the essence. The Gallery shall make reasonable efforts to supply the goods or services by the date agreed. No rights can be derived from the estimated delivery date, and neither can the Gallery be held liable for any delays in delivery caused by whatever reason. If you need to amend or cancel your order for commissioned Artwork, you have the right to do so at any time up to 48 hours after you have placed your order. If you amend your order in any way more than 48 hours after you placed it, the Artist reserves the right to charge you any costs we have incurred in relation to your order. Bespoke Artwork cannot be returned after it has been commissioned. It is your responsibility to ensure that the product you have ordered will fit into your home. It is very important that you carefully measure where the piece is going to go and also whether we can get it to the location. Please be sure to check these details in advance of placing your order.
- 13. Delayed Collection. All orders held for collection, not collected within 28 days of completion will be subjected to a storage fee of 1% of the total order value per day.
- 14. Privacy Policy. The Gallery will not disclose client information to any other individual or organisation unless required to do so by law, or unless it is necessary to do so to obtain or validate payment of the invoice to you or to perform our contract of supply with you and the Artist, or unless it is covered by a confidentiality agreement.