Terms & Conditions
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 November 2019. When we refer, in these Terms, to "in writing", this will include e-mail. These Terms, and any Contract between us, are only in the English language.
1.2 Contacting us: You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone: +44(0)1273 724829 on Monday to Friday 9am-5.30pm, or by post to Archer Publications Limited, 13 Bond Street, Brighton, BN1 1RD, UK. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.
4.3 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.
5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 6 only applies if you are a consumer.
6.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 However, this cancellation right does not apply if you purchase a bespoke artwork such as with a custom-made frame, a commission or is an exclusive print-on-demand timed-released print.
6.3 Except in the case where goods are received damaged (and then only in accordance with the appropriate terms and conditions) returns will not be accepted from outside the EU for any reason.
6.4 Your legal right to cancel a Contract starts from the date when we confirm despatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your Contract End of the cancellation period
Your Contract is for a single Product.
The end date is 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on the 24th of January.
Your Contract is for multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last of the Products ordered.
Example: If we provide you with a Dispatch Confirmation on 1 January and you receive the first installment of your Product or the first of your separate Products on 10 January and the last installment or last separate Product on 15 January you may cancel in respect any or all of the separate Products at any time between 1 January and the end of the day on the 29th of January.
6.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email email@example.com. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also contact us by any method shown in clause 1.2. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
6.6 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
6.7 If you have returned the Products to us under this clause 6 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.8 We will refund you by the same payment method used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
6.9 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us at the address given in clause 1.2.
(b) unless the Product is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Products to us.
6.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.
7.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges.
7.4 In the event the packaging is obviously damaged on arrival you should refuse delivery whereupon the product will be returned to us for appraisal.
8.1 If you order Products from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.
9.5 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you [in writing] to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.1 You can pay for Products in either of the following ways:
(a) using a debit card or credit card: we accept the following cards: Maestro UK, Mastercard, Solo, Visa, Visa Debit, Visa Electron and American Express.
(b) using one of our Gift Vouchers (see 10.3)
(c) Bank Transfer
10.2 Payment for the Products and all applicable delivery charges is in advance.
10.3 The following terms apply to purchases using our Gift Vouchers:
This clause 11 only applies if you are a business customer.
11.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
11.2 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.
11.3 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 of the Products.
12. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you, and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. INTELLECTUAL PROPERTY
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7 If you are a business, a 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 the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
- Voucher terms also apply to all cashback and affiliate sites
- Offers are valid within the dates specified only
- Voucher codes can only be applied if products are ‘in stock’
- Only one promotional voucher can be used per order
- Voucher codes cannot be applied retrospectively to orders
- Voucher codes that are not authorised by Enter Gallery will not be honoured.
- Voucher Codes are only redeemable online not via our gallery
- Voucher excludes frames plus all works by Damien Hirst, Grayson Perry, Gary Hume, Charming Baker, Michael Craig-Martin, Marc Quinn, Mark Davies, Faile, Beejoir, Hush, Takashi Murakami as well as a number of selected Limited Edition prints. All voucher codes are not valid at our High Street galleries.
- Voucher is excluded when purchasing one of our Gift Vouchers. (see section 10.3 - g).
- Prize Draws are not open to employees, suppliers or agencies of Enter Gallery, their group companies or family members, freelance contributors, or anyone else connected to the Prize Draw.
- Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions.
- To enter, you must sign up with a valid email address on our Competition page.
- There is no entry fee and no purchase necessary to enter this competition.
- While this competition is open to worldwide, if the winner is living outside of the UK, then they will have to pay for shipment of the print.
- If you have any questions about how to enter or otherwise in connection with the Competition, please email us at firstname.lastname@example.org.
- One email per way of entry. Entries on behalf of another person will not be accepted and joint submissions are not allowed. The winner shall be the owner of the email address from which the selected winning entry is drawn.
- Enter Gallery accepts no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.
- The Prize Draw opens at 00:01 on opening date and closes at 23:59 on closing date. Entries received outside this time period will not be considered.
- The winner will receive the prize stated on the Competition Page. Enter Gallery accepts no responsibility for any costs associated with the prize that are not expressly included in the prize.
- The winner will be selected by way of a random draw from all entries received in accordance with these Terms and Conditions. The draw will take place after the closing date.
- The winner will be notified by email after the closing date and given details of how to claim their prize. If a winner does not respond to Enter Gallery within 14 days of being notified of their win, the winner’s prize will be forfeited and Enter Gallery shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these terms, the winner’s prize will be forfeited and Enter Gallery shall be entitled to select another winner.
- The name and county of the winner will be announced on our website and can be obtained by contacting email@example.com.
- The prize is/are non-exchangeable, non-transferable and not redeemable for cash or any other prize.
- Enter Gallery reserves the right to substitute the prize with an alternative prize of similar value in the event that the original prize offered is not available.
- The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on the Promoter’s reasonable request. The winner, consents to the use by the Promoter and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by the Promoter and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the competition, all entrants consent to the same.
- Enter Gallery further disclaims liability for any injury or damage to your or any other person’s computer relating to or resulting from participation in or downloading any materials in connection with the competition. Nothing in these Terms and Conditions shall exclude the liability of Enter Gallery under law for fraud or fraudulent misrepresentation, or for death or personal injury resulting from its negligence
- Enter Gallery reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this competition with or without prior notice due to reasons outside its reasonable control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Enter Gallery in all matters relating to the competition is final and no correspondence will be entered.
- Enter Gallery shall not be liable for any failure to comply with its obligations relating to this competition where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
- The competition and these Terms and Conditions will be governed by English law and entrants to the Prize Draw submit to the exclusive jurisdiction of the English courts.
18. COMMISSIONS OF WORK
Artist reserves the common-law copyright to all commissioned works that the artist creates, including all reproduction rights and the right to claim statutory copyright. The patron may reproduce no work without the prior written approval of the artist.
Shipping and Insurance
In the event, the commission presents specific delivery issues we will agree with you what delivery charges will apply. Please see our delivery information page in regards to specific delivery methods available to yourself.
20. PROMOTIONAL OFFERS & GIVEAWAYS
- Orders that match the stated give away promotion will receive their free gift, either with the piece they have purchased, or sent separately.
- Customers who are outside the UK will not be eligible for free gifts.
- not eligible with money off promotions e.g, discounted print, percentage discount, other giveaways.
- Promotion is exclusively at entergallery.com.
- Discount is only eligible for specifically identified items or framing, if indicated.
- Discount is not valid on any pieces that are already discounted. e.g. Special Price Reduction.
- Any other discounts are excluded with this promotion.
- Discount excludes new products that are exclusive to Enter Gallery.
- These artists in particular are excluded from this promotion:
- Once agreed that Enter Gallery will sell your artwork, you (the client) will need to arrange delivery to Enter Gallery, 13 Bond Street, Brighton, BN1 1RD at your cost. The team here can recommend delivery couriers for framed items and packaging materials for unframed art.
- It is the client’s responsibility if any item is damaged in transit, Enter Gallery will notify you within 48hrs of any visible damage
- Any item damaged or not as described in your description to us or visibly damaged and not considered saleable will be returned at your cost.
- Enter Gallery will hold your item for a period of time of its choosing, while it attempts to make a sale. If a sale isn’t achieved, we will arrange to return your artwork to you at your cost.
- If a sale is achieved, the seller will receive payment of the items sold within 14 days minus our commission charge once confirmation of our quality checks has been made and we are satisfied with the artwork.
- Accepts they are buying art as described on the website and presented to them visually.
- Is aware at the time of purchase if the artwork comes with a Certificate of Authentication or not. Even if it is with a COA this might not categorically confirm its total authenticity and Archer Publications Limited cannot guarantee this.
- Pays the cost of delivery of the purchased piece of art to their requested address. Framed items can only be delivered in the UK, unframed can be delivered worldwide. Enter Gallery will organise service and confirm the charge.
- Pays for the piece of art by bank transfer only.
- Any damaged artwork delivered to the buyer will need to be reported in 24 hours to us at firstname.lastname@example.org Any later may affect the chance to return the item and make an insurance claim if needed.
- The Client takes all responsibility to get the artwork to us safely and insured