Terms & Conditions
THE MIDHURST GALLERY LIMITED
Contents
Clause
0. Introduction and context
1. These terms
2. Information about us and how to contact us
3. Our contract with you
4. Our Artworks
5. Your rights to make changes
6. Our rights to make changes
7. Providing the Artworks
8. Your rights to cancel or end the contract or reject the Artwork
9. How to end the contract with us (including if you have changed your mind)
10. Our rights to end the contract
11. Our returns and refunds policy
12. If there is a problem with the Artwork
13. Price and payment
14. Our responsibility for loss or damage suffered by you
15. How we may use your personal information
16. Terms of website use
17. Other important terms
18. Model Cancellation Form
OUR TERMS: INTRODUCTION AND CONTEXT
We are on-line and on-premises retailers of pictures, paintings, drawings and prints (“Artworks”) which are antique, modern, new, first-sale or pre-owned, framed or unframed, glazed or unglazed as evident from the information, description and imagery we provide. In offering an Artwork for sale, we may be acting as the principal, i.e. the owner, or as the agent for a third party owner but in either instance we warrant that we have the legal right to sell the Artwork free of encumbrance.
Any statements we make about an Artwork represent our best endeavours using our judgement and opinion and are not a warranty save where we issue, in certain circumstances for a particular Artwork a “Certificate of Authenticity” in respect only of its attribution to an artist’s name.
Artworks are inherently fragile and will deteriorate to a greater or lesser extent over time. The pace of deterioration is determined by a number of factors but is considerably reduced by their being cared for in conditions that do not expose them, in particular, to strong or direct ultra-violet light including sunlight, too much heat, extreme atmospheric conditions i.e. dryness or dampness, water, chemicals, gases, handling and movement including transit.
1. These terms
1.1 What these terms cover.
(a) the terms and conditions on which we supply our Artworks to you whether purchased on-line through our website or purchased in person from our business premises, and
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Artworks to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us (see details below) to discuss.
2. Information about us and how to contact us
Who we are. "We", and "Us", are The Midhurst Gallery Limited, a company Registered in England No: 6801003; VAT Registration No: GB 397 6715 91
Our business address is:
The Mint Market, Grange Road, Midhurst, West Sussex, GU29 9LT, UK.
Telephone +44 1730 812 177
Email: [email protected]
Our registered address is:
Hartfield Place, Northwood HA6 1BN, UK
Our directors are: G M Crawford; C R Fitton; J E Crawford
2.1 How to contact us. You can contact us by telephoning +44 1730 812 177 or by email to [email protected] or writing to our business address at The Midhurst Gallery Limited, Grange Road, Midhurst, West Sussex, GU29 9LT, UK, or visiting us here in person during our opening hours 10 am to 6 pm Monday to Friday.
2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.4 “Artwork” includes the singular and plural.
2.5 “You” are the Consumer. This means a person, aged 18 years or over, acting for purposes which are wholly or mainly outside the trade, business, craft or profession of that person as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Consumer Contracts (Amendment) Regulations 2015 and, as defined by context, can mean one or more individuals, whether or not formally in partnership, or a corporation, a company, a government body, an association, an organisation.
If you are unable to comply with this clause please telephone us on +44 1730 812 177 to discuss possible options.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will refund your payment for the Artwork. This might be, for example, because the Artwork is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Artwork or because we are unable to meet a delivery deadline you have specified.
3.3 Your order ID number. We will assign an order ID number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order ID number whenever you contact us about your order to help us assist you more quickly.
3.4 We only sell for delivery to the UK or collection from our premises in the UK. Our website is for the promotion of our Artworks worldwide but at the present time we do not deliver to addresses outside the UK. However, we may be able to accept an order from outside the UK if you telephone us before you place your order to discuss collection and payment procedures, and you are able to arrange your own collection from our premises at your cost and risk.
3.5 All transactions are in GB Pounds Sterling.
4. Our Artworks
4.1 Artworks may vary slightly from their images. The images of the Artworks on our website are for illustrative purposes only. Although we have made every effort to display the details accurately:
(a) we cannot guarantee that a device's display of the colours reflects the colour of the Artworks or that all the details of an Artwork are shown, see Colour and Representation;
(b) we cannot guarantee that the condition of the Artwork is always fully represented by its images, see Condition Rating;
(c) because Artworks are handmade and may also be bespoke framed all sizes, weights, dimensions and measurements indicated on our website have a 5% tolerance.
5. Your rights to make changes
If you wish to make a change to the Artwork(s) you have ordered please contact us as soon as possible.
(a) If the Artwork(s) have not yet been dispatched we will endeavour to accommodate any changes you request or if you wish we will cancel your order and refund you in full. We will let you know about any changes to pricing, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm either verbally or in writing whether you wish to go ahead with the change.
(b) If the Artwork(s) have been dispatched we will write to you and refer you to clause 11 for your options.
6. Our rights to make changes
6.1 Changes to the Artworks and these terms. We may make the following changes to these terms or to Artworks, but if we do so we will notify you if it will affect an order you have made. If you wish, you may then contact us to end the contract and receive a full refund before the changes take effect:
(a) Availability. We do not guarantee that Artworks displayed on our website are available at the time you place an order.
(b) Price. The price of Artworks may be varied by us for any reason including changes in VAT rates. Such variations will not affect any orders placed which we have confirmed.
(c) Terms. We may vary these Terms from time to time for any reason, including for commercial considerations or as a requirement of law.
7. Providing the Artworks
7.1 Delivery costs. The costs of delivery, if any, will be as displayed to you on our website.
7.2 Delivery and Dispatch. We aim to dispatch the Artworks you have ordered within 3 working days from the day after we accept your order and in any event in sufficient time to deliver within 30 days. We will send you an email to tell you when we have dispatched your order and who our carrier is.
7.3 Dispatch delays. We will contact you beforehand if dispatch will exceed 3 working days or if your order, or any part of it, is unlikely to arrive before 30 days.
7.4 We are not responsible for delays in delivery. Time is not of the essence in the delivery of your Artworks. We will use our best endeavours to meet agreed schedules but we are not responsible for delays caused by any event including for example, those outside our control, any wrong information you may have given us, see clause 7.11, or technical or operating issues. Notwithstanding, we will contact you as soon as we become aware of any events that might cause delay to let you know.
7.5 You have rights to cancel or reject your order which are set out in clause 8.1. If in exercising your rights you have received the Artworks you ordered then the Artwork must be returned to us in accordance with our Returns and Refunds Policy, see clause 11.
7.6 If you are not at home when the Artwork is delivered. If no one is available at your address to take delivery, or other person whom you have nominated, the carrier will leave you a note informing you of how to rearrange delivery or for you to collect the Artworks from their local depot.
7.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect your order from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we reserve the right to end the contract and deduct our reasonable costs from your refund in accordance with clause 10 & clause 11.
7.8 Damage. In the event that the Artwork(s) you have ordered arrive with you in a damaged state please notify us immediately, but in any event within 5 working days, so we can discuss and arrange their return. Also, please send us a photograph of the damaged item(s) and packaging as outlined in clause 11.3.
Where an artwork you have ordered has been damaged in transit by our carrier, subject to satisfactory proof including clause 11.3, we will refund you the full amount of the cost of the Artwork as well as the original delivery cost, if any, and the cost of its return delivery to us.
7.9 When you become responsible for the Artwork. The Artwork will be your responsibility from the time we deliver the Artwork to the address you gave us or to someone you have nominated or from the time you, or a carrier organised by you, collects it from us.
7.10 When you own goods. You own an Artwork once we have received payment in full.
7.11 What will happen if you do not give required information to us. We will need certain information from you so that we can supply the Artworks to you, for example, name, address, telephone number, email address which will be requested at the time of the Sign Up process to create your account. If you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Artworks late or not supplying any part of them if this is caused by you not giving us the information we need.
7.12 Collection of Artwork from our premises:
By following the steps below you or the agent you have authorised, may collect the Artwork from our business address by appointment during our working hours of 10 am to 6 pm Monday to Friday – excluding public holidays.
After you have placed your order, and payment has been verified, we aim to contact you via the email address and/or telephone number that you have provided in Your Account Details within 24 hours but no later than 3 working days of us sending you the Order Confirmation.
(i) We will agree a mutually convenient date, and where possible a time-slot, for the collection of your order which should be within 14 days of us having made contact with you.
(ii) Please let us know whether you will be collecting the artwork yourself or if you will be arranging for an agent or carrier to collect your order on your behalf.
(iii) If you yourself are collecting the artwork, please bring the bank card used for the transaction as well as the Order Confirmation (printed or on a device).
(iv) If you are appointing an agent or carrier please let us know as soon as possible after you have arranged this, and ask them to bring a copy of the Order Confirmation (printed or on a device).
Please note:
- If the agent or carrier does not have a copy of your Order Confirmation we may not be able to authorise the release of your order. We will try and make contact with you, at the time if possible, to discuss further options.
- We will confirm the Collection arrangements we have made by email.
- We will hold the Artwork in reserve for you and remove it from the website and its public display area in our premises until the agreed Collection date. If this date is not met for any reason and we are unable to agree an alternative with you we reserve the right to cancel the order in accordance with clause 10.
8. Your rights to cancel or end the contract or reject the Artwork
Without prejudicing your rights below we do request that you contact us (by telephoning +44 1730 812177 or emailing [email protected]) BEFORE you return your Artwork to us as it is necessary for us to explain how it is to be packaged safely and marked 'Fragile' in accordance with its nature, and whether it needs to be insured and tracked by the carrier. Please also see Clause 11.4.
8.2 When you can cancel your order, end your contract with us or reject the Artwork.
Your 14 days Right. You have up to 14 days from the day after the date you receive your Artwork (or the last of split deliveries) to cancel or reject your Artwork for any reason including changing your mind. You then have up to a further 14 days from the date of your notifying us of cancellation for you to return the Artwork to us.
Please see our Returns and Refunds Policy, clause 11.
Your 30 days Right. You have up to 30 days from the day after the date you receive your Artwork (or the last of split deliveries) to reject your Artwork on the grounds of unsatisfactory quality, being unfit for purpose or not as we have described. You then have up to a further 14 days from the date of your notifying us of cancellation or rejection for you to return the Artwork to us.
Please see our Returns and Refunds Policy, clause 11.
Your 6 months Right. You have up to six months to reject your Artwork for emerging defects. You have six months from the day after you receive your Artworks for you to return any or all of them by your writing to tell us within this period to explain that the state, condition, colours and/or surfaces of your Artwork have deteriorated to an abnormal extent for incipient reasons not caused by their exposure to, in particular, strong or direct ultra-violet light (sunlight), excessive heat, extremes in humidity of dryness or dampness, water, chemicals, gases, handling and movement.
Please see our Returns and Refunds Policy, clause 11.
Your 6 years Right. You have up to six years to reject your Artwork on grounds of its authenticity. You have six years from the day after you receive your Artworks for you to return any or all of them by your writing to tell us within this period that you are able to provide independent, written proof that the authenticity of your Artwork is not as we described it at the time of your purchase and that this misdescription caused the Artwork to be significantly overvalued.
Please see our Returns and Refunds Policy, clause 11.
9. How to end the contract with us (including if you have changed your mind)
9.1 To tell us you want to cancel or end the contract or reject Artworks you have received. The best way to do this is to complete a Model Cancellation Form, which can be found at the end of this document, or by clicking the link here. Please let us know immediately if you would like to cancel your order, end the contract or reject an Artwork, by one of the following means:
(a) Phone. Call us on +44 1730 812 177 and provide your name, address, telephone number, email address, the details of your order and the reason for your decision.
(b) Online. Complete the Model Order Cancellation Form by copying and pasting it into an email, filling in the required information and emailing it to the email address on the bottom of the form.
(c) By post. Print off the Model Order Cancellation Form, fill in the required information and post it to us at the address on the bottom of the form. Or simply write to us at that address with the information as required in the form. Please keep a receipt of posting.
9.2 For all returns and refunds please see our Returns and Refunds Policy, clause 11.
10. Our Rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for an order, and recover our reasonable costs, at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, give us the correct information that is necessary for us to provide the Artworks, for example, name; address; telephone number; email address.
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(c) if payment for your order has not cleared.
10.2 We may withdraw the Artwork. We may write to you to let you know that we will not be fulfilling your order and will refund any sums you have paid in advance for Artwork(s) which we will not be providing to you.
11. Our Returns and Refunds Policy
11.1 Your notice to us. Please also read Clause 8.1
Where you are exercising your 14 days Right, your 30 days Right, your 6 months Right or your 6 years Right, or if the Artwork has been damaged in transit then you need to write to tell us as soon as possible before the relevant time period expires, and send us the Photographic Evidence required in clause 11.3, that:
(a) you are ending your contract or rejecting all or part of your order, and
(b) you will be returning the Artwork within 14 days from the day after the date of your writing, and
(c) you are requesting a refund, or
(d) you would like us to consider, at our discretion if any of these options are practical or economically possible: a replacement, repair or exchange;
(e) you are providing the reason(s) for your return of the Artwork (except when exercising your 14 days Right)
11.2 Return Period.
Returned Artwork must leave your address no more than 14 days after the day you have given notice to us, or be returned to us at our business premises in person within the same period. Please retain your receipt from the carrier as evidence of dispatch.
11.3 Photographic Evidence.
Before the Artwork leaves your possession please photograph its state and condition and send us copies of the images.
11.4 Return Packaging.
When the return of the Artwork is agreed with us we will advise you on the best and safest way of re-packaging it. Our advice will need to be followed by you to prevent damage on the return journey, and to assist us in refunding you the full cost of the Artwork (excluding the return delivery cost if exercising your 14 days Right) without deductions for its impairment.
In some instances we may need our own courier to collect the Artwork from you. We will discuss this requirement with you before collection is arranged, as well as the contribution we may require from you towards this cost which will not exceed the amount you yourself would have reasonably paid had you arranged the return delivery yourself.
11.5 Refunds.
If exercising your 14 days Right, we will NOT refund the costs of your returning the Artwork to us; we will also need to receive the goods back in the same condition as they were delivered to you to avoid deduction for impairment - see para 11.7 (a).
If we agree your claim for exercising either your 30 days Right, your 6 months Right or your 6 years Right we will refund you the full amount of the cost of the Artwork as well as the original delivery cost, if any, and the cost of its return delivery to us.
Damage in transit. Subject to satisfactory proof including para 11.3, we will refund you the full amount of the cost of the Artwork as well as the original delivery cost, if any, and the cost of its return delivery to us.
11.6 How we will refund you.
We will refund you the amounts described in para 11.5 above, normally via the method you originally used for payment unless the passage of time makes this impossible, in which case we will agree an alternative way. However, we may make deductions from the amount as described in clause 11.7 below.
11.7 Deductions from refunds.
(a) Impairment. We may reduce your refund for the price of the Artwork (excluding the return delivery costs if you are exercising your 14 day Right) to reflect any reduction in the value of the Artwork caused by your handling it in a way which would not be permitted in a shop, for example beyond what is necessary to establish the nature, characteristics and look of the Artwork. If we refund you the price paid before we are able to inspect the Artwork and later discover you have handled it in an unacceptable way, you must pay us the appropriate amount immediately.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer for that particular item. For example, if we offer standard delivery of an Artwork at one cost but you chose to have the Artwork delivered at a higher cost for quicker delivery, then we will only refund what you would have paid for the cheaper delivery option.
11.8 When your refund will be made.
We aim to refund you within 14 days of us having received the Artwork back and satisfying ourselves that its condition is reasonably acceptable taking all the circumstances of its return into account.
For information about how to return an Artwork to us, see clause 11.
12. If there is a problem with the Artwork
12.1 How to tell us about problems. If you have any questions or complaints about the Artwork please contact us. You can telephone us at +44 1730 81 217 177; or write to us at [email protected]; or come and see us by appointment at our business premises at Grange Road, Midhurst, West Sussex GU29 9LT.
12.2 Summary of your legal rights. We are under a legal duty to supply Artworks that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Artwork. Nothing in these terms will affect your legal rights.
Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Artwork your legal rights entitle you to the following:
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12.3 Your obligation to return rejected Artworks. If you wish to exercise your rights to reject an Artwork you must follow the instructions in Our Returns and Refunds Policy, in clause 11, and return the Artwork to us.
You may return the Artwork in person to us at our business premises at Grange Road, Midhurst, West Sussex GU29 9LT; or post it back to us or, if it is not suitable for posting, allow us to collect it from you. We will pay the costs of postage or our collection. Please call us on +44 1730 812 177 or email us at [email protected] for a return label or to arrange collection.
13. Price and payment
13.1 Where to find the price for the Artwork. The price of the Artwork which includes VAT where appropriate will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Artwork advised to you is correct. However please see clause 13.3 below for what happens if we discover an error in the price of the Artwork you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Artwork, we will adjust the rate of VAT that you pay, unless you have already paid for the Artwork in full before the change in the rate of VAT takes effect.
13.3 What happens if the price is wrong. It is always possible that, despite our best efforts, some of the Artworks we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Artwork's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Artwork's correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Artworks provided to you, see clause 11.
13.4 When you must pay and how you must pay. You must pay for the Artworks before we dispatch them. We accept payment with:
UK Visa Delta, Electron, Credit, Premium Credit, Commercial, International Debit
UK Maestro, International Debit
UK MasterCard Debit, Credit, Premium Credit, Commercial, International Debit
JCB Credit
VPAY, UK and International
13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly on +44 1730 812 177; or email [email protected] or use the Contact Form on our website's Home Page.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We are not liable for business losses. We only supply the Artworks for domestic and private use. If you use the Artworks for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
15.1 How we will use your personal information.
We will only use the personal information you provide to us as follows:
In the course of business between you and us
(a) to supply Artworks to you;
(b) to allow processing of your payment for Artworks,
(c) to communicate with you on any other business-related matters between us.
In marketing communications to you
(d) on first contact with you either
- through our website, or
- by email, or
- by other form of electronic communication, or
- in person in The Gallery, or
- in writing
we will ask you:
- whether you want to give us your express consent to keeping you informed about specific or general events or subjects according to the choices we offer, or
- whether you do not want to receive marketing communications from us.
(e) Thereafter, by using any of the ways above, you may change the preferences you have already given us or ask us to stop sending you any further marketing communications.
15.2 We will only give your personal information to third parties where the law requires us to do so.
15.3 Please read our Privacy Notice & Our Cookies Policy for further information.
16. Terms of website use
This section tells you the terms of use on which you may make use of our website www.midhurstgallery.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
16.1 Changes to these terms
We may revise these terms of website use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
16.2 Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
16.3 Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
16.4 Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
16.5 Intellectual property rights including copyright.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you wish to make any use of content on our site other than that set out above, please email [email protected]
16.6 Misuse, malware and cyber attacks.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
16.7 Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
16.8 Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 3 days of us telling you about it and we will refund you any payments you have made in advance for Artworks not provided or you have not received.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if an unresolved dispute exists between us. You may transfer our guarantee at clause 8.2 to a person who has acquired the Artwork. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant Artwork, for example by you providing us with an authenticated copy of the paperwork transferring ownership.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms except as explained in clauses 16.2 and 16.3 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Applicable law. If you are a consumer or a business, please note that these terms and conditions, its subject matter and its formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.
Contact us
To contact us, please telephone +44 1730 812 177 or email [email protected]
Thank you for visiting our website.
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18. Model Cancellation Form
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired (please see clause 8 of our Terms & Conditions).
To exercise your right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post to our business premises in Midhurst, West Sussex or via e-mail to the address on the form.
You may use the model cancellation form below, or you can use your own words as long as your intention is clear and the information we need to process your cancellation request is provided before the cancellation deadline for your order.
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Model Order Cancellation Form
To: The Midhurst Gallery Limited
Telephone: +44 1730 812177
I/We hereby give notice that I/we cancel my/our contract to purchase the following products:
Order ID:
………………………………………………….
Details of Artwork(s) ordered [Ref. No, Artwork Name, Artist Name if applicable]:
……………………………………………………………..……………………………………
Ordered on [date] / Received on [date]:
………………………………………………………….
Name [enter name or names in which the order was made]:
…………………………………………………………………………………………………..
Address [enter your postal address]: ………………………………………………………….
………………………………………………………………………………………………….
Email address: …………………………………………...………………………………..
Telephone Number: …………………………………………………………………………..
Reason(s) for Cancellation and/or Return:
………………………………………………………………………………………………….
………………………………………………………………………………………………….
Signature (only if this form is notified on paper):
……………………………………........................
Date [date]:
……………………………………………………
To cancel your Order(s) via email; please copy and paste the above form into an email, fill in the relevant information and send to [email protected].
To cancel your Order(s) via post; you can print out the above form, fill in the relevant information and post to:
The Midhurst Gallery, The Mint Market, Grange Road, Midhurst, West Sussex, GU29 9LT, UK.
Alternatively, you can call us on +44 1730 812177, and supply the information as outlined in the form over the telephone.
(Please note: if you have received your order, or if we have notified you that your order has already been dispatched, you will need to see our Return and Refunds Policy, clause 11 of our Terms & Conditions, for instructions on how to return the Artwork(s) to us.)
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(V5.0 - 1 February 2016, 08:00 GMT)
