Terms & conditions
These Terms and Conditions apply to all transactions between The Gallery (The Company) and you, the customer. They do not affect your statutory rights. Please read them carefully.
We may change these Terms and Conditions from time to time. Any changes will take effect on the date they are posted on our website.
These Terms and Conditions are governed by Scottish law and are subject to the non-exclusive jurisdiction of the Scottish courts. We do not accept amendments to these Terms and Conditions.
Failure by us to enforce any of these Terms and Conditions will not affect our right to enforce the rest of these terms and conditions.
Customer Orders - Online
We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
To order goods over the telephone or on our website, you must be at least 18 years of age and accept delivery within the UK. All telephone orders will be acknowledged verbally at the time of order, and all orders placed on our website will be acknowledged electronically by e-mail. Please note that verbal and/or electronic acknowledgements do not constitute order confirmation or order acceptance. Your order will be accepted and the creation of a legally binding contract between you and us will take place once the goods have been despatched or collected. (Alternatively, we may decline all or part of your order for any reason, in which case we will inform you in-person or by telephone or e-mail).
The total price payable will be stipulated at the time when you place your order whether or not the order has been acknowledged. We are entitled to make adjustments to the price to take account of any increase in our suppliers' prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been acknowledged. We will inform you of the correct price and give you the opportunity to cancel the order. All prices are inclusive of VAT but exclusive of delivery charges which will be payable as indicated at the time the order is placed.
PRODUCTS - Hand finished/acrylic goods are subject to variation in tone, material, brushstroke, and each one is unique
From time to time the prices displayed on our website may be different if you are directed to it from a third party website. Purchases at these prices can only be made on our website and by arriving on it through a relevant third party website; these prices will not be available in-store or over the telephone.
Terms & Conditions of using recurring payments(including how to cancel, frequency of payments, length of payment terms)
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Pay in 3
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
Delivery is currently free as part of our ongoing promotion.
We can deliver most pictures to most addresses in the UK Mainland, although some exclusions apply*
Free pickup is available at any of our stores. Please choose this option at checkout.
With the exception of the Mini Gallery products we cannot deliver pictures containing glass outside the UK Mainland or to the following counties:
Sutherland, Caithness, Ross & Cromarty, Western Inverness-shire and Argyll.
This applies to the entire Liquid Art range. In many other cases we can replace sheet glass with safety glass (perspex), in order to ship to the above counties and offshore. Please call or email for confirmation.
We reserve the right to ship with safety glass for certain other deliveries.
Courier Delivery Service
Please be aware that delivery by courier is to your front door. It is up to you to ensure that (particularly in the case of heavier items), you are able to move the goods from your doorstep into your house.
No claims will be accepted for inconvenience, loss etc. caused by unexpected or unavoidable delays in delivery (see Delivery Times)
Art and Pictures
Delivery times are Monday to Friday between 9am and 6pm. No morning or afternoon deliveries can be specified. You will be advised in advance if we cannot meet the delivery schedule.
All delivery dates and times quoted are approximate as we use third party courier companies. While we make every effort to accommodate customer requests, no guarantee of time can be given.
IMPORTANT – ON RECEIVING YOUR GOODS
Do not sign for goods if you are unsure of the condition of the goods inside. When receiving your order please check the goods on delivery or mark the consignment note as *goods unchecked*
If an item looks damaged then it should be refused. DO NOT SIGN FOR DAMAGED BOXES. Failure to follow these instructions could mean that you end up with a damaged item and be unable to claim for them. The signature box that the driver will be asking you to sign confirms that you are happy with the condition please mark it as DAMAGED PACKAGE if there is any sign of damage to the outer packaging at all. Goods should always be checked in front of the delivery representative.
Faulty goods must be notified within 24 hours of receipt.
All products sold on our website are, by definition, 'Bespoke' and as such, return of goods are at the discretion of the seller.
WE RECOMMEND YOU KEEP THE ORIGINAL PACKING/BOXES THAT YOUR PRODUCT ARRIVED IN. WE CANNOT ACCEPT A RETURN IF THE PICTURE IS NOT SAFELY AND SECURELY PACKAGED IN THE ORIGINAL PACKAGING.
If The Gallery accepts a return, it is the responsibility of the customer to return the goods back to us “as new”, via an insured trackig service. Returns are to: The Gallery, Unit 54, Gyle Shopping Centre, Gyle Avenue, S. Gyle Broadway, Edinburgh, EH12.
In exchange for returned goods The Gallery will offer an alternative product, or issue a credit note, redeemable up to one year from date of return.
These terms and conditions do not affect your statutory rights.
PLEASE NOTE THIS RETURN POLICY IS ONLY APPLICABLE TO ON-LINE ORDERS - WHICH FALL UNDER THE CUSTOMER CONTRACTS (FORMERLY DISTANCE SELLING) REGULATIONS - AND NOT TO ORDERS PLACED IN-STORE. PLEASE CONSULT THE RETURNS POLICY DISPLAYED IN OUR SHOPS OR STANDS FOR IN-STORE ORDERS .
In the unlikely event that we cannot replace or repair a damaged or faulty product, or if you have placed an order which we are unable to fulfil (see Restrictions), refunds will be processed in one of the following ways:
- PayPal payments: refund directly into your PayPal account
- Stripe Payments: refund directly onto the card used to pay
Customer Orders - Instore
“Company” means The Gallery (International) Ltd t/a The Gallery.
“Contract” means the contract between Company and Customer for the sale and purchase of products.
“Customer” means the person purchasing the products.
Orders The Company’s quotations do not constitute an order or binding offer.
Cancellation An order may not be cancelled by the Customer unless the Company is unable to deliver the goods within a ninety day period from the date quoted for delivery or collection at the time of the order confirmation.
Exchange At the discretion of the Company, goods may be exchanged up to 28 days after delivery/collection. Any goods returned for exchange must be in the original packaging and accompanied by proof of purchase. Bespoke items cannot be exchanged.
Clearance and bespoke items Under no circumstances can clearance or bespoke items be returned.
Deposits A minimum 50% non-refundable deposit will be taken with all orders (with the exception of Picture Club orders – see below). The Company recognises its responsibility to deliver the goods ordered by the Customer within ninety days of the date quoted at the time of placing the order. Failure to deliver within this time or goods supplied incorrectly where the error is unable to be rectified within the same ninety day period will give the Customer the option to cancel the order and receive a full deposit refund.
Payments Unless otherwise agreed by the Company in writing, payments for the products shall be made in full by the customer before physical delivery or collection of the goods to/by the Customer.
An account shall be deemed overdue if payment has not been made within two weeks of notification to pay.
Failure to make full payment within 60 days of notification will render the loss of any deposit paid and the goods will be sold.
Picture Club The Company provides a facility to Customers to order and pay for artwork on an ‘ad hoc’ basis. All deposits made under this facility are non-refundable. When the amount paid has reached 50% of the total price, the Customer will be offered a delivery/collection date.
Delivery All times and dates given for delivery of the products are an approximate guide. The Company shall not be liable for any delay in delivery of products, howsoever caused.
If, for any reason, the Customer fails to accept any of the products within 14 days of the product becoming available, the Company may store the products for the Customer to a maximum period of sixty days, passing on any costs incurred to the Customer. (At the time of publication £10 per item per week).
Should the Customer not be available to accept a pre-arranged delivery, products will be returned to the Company’s premises, and a re-scheduled delivery arranged at the Customer’s expense.
The Company reserves the right to postpone deliveries should the need arise, eg. staff sickness or weather interruptions.
All deliveries are accompanied by a Company delivery note, the Customer’s signature verifies that all products have been received in a satisfactory condition.
Collection All dates given for collection of products are an approximate guide. The Company shall not be liable for any delay in availability of products for collection, howsoever caused.
When the ordered goods are physically delivered to the store/stand where the Customer is collecting (agreed at point of sale), the Company will inform the Customer, by the Customer’s preferred method (also agreed at point of sale), that goods are now available for collection. If, for any reason, the Customer fails to collect any of the products within 7 days of the product becoming available, the Company may store the products for the Customer to a maximum period of sixty days, passing on any costs incurred to the Customer. (At the time of publication £10 per item per week).
All collections are accompanied by a Company collection note, the Customer’s signature verifies that all products have been accepted in a satisfactory condition.
Products Hand-finished goods are subject to variations in tone, material, brushstrokes, and each one is unique.
The Company will not be held liable for any damage, failure or malfunction of the goods due to damage caused in transit, or by accident, abuse, misuse, normal wear and tear, fir, flood or any force majeure event.
In the event of any valid product defect, notification must be made in writing within three days of delivery/collection.
The Company is not liable for any defect in the product arising from or in consequence of the manner in which the Customer may assemble or store the goods.
The total liability of the Company is limited to the repair or replacement of the product.
The Company is not liable for any form of claim should the Customer suffer any damage, loss or personal injury (unless so caused by the negligence of the Company) during or after delivery of the product. Should Customers assist delivery men, the Company will not be liable for any claim should the Customer suffer any injury during or after delivery.
General If any provision in these terms and conditions or part thereof shall be found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part thereof shall not affect any other provision or the other part of the provision.
These terms are personal to you and may not be assigned or transferred by you. We may assign or subcontract our obligations under this agreement.
These conditions shall be governed by, and constituted in accordance with the laws of England and Scotland, and you agree to submit to the non-exclusive jurisdiction of the English or Scottish courts where disputes arise.