GALLERY TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
“Force Majeure Event”
shall have the meaning given in clause 9.
the products that we are selling to you.
your selection of the Goods from stock or display in our gallery, on our website or your order for the Goods as set out in our Sales Invoice.
the terms and conditions set out in this document.
The Birmingham Contemporary Art Gallery (otherwise known as BCAG), registered in England and Wales under company number 11970444 with Registered Office Unit 5 The Arena Birmingham, Birmingham, B1 2AA.
or written includes faxes and e-mail.
the person, persons or body corporate which is buying Goods from us.
“Website” means our website www.birmingham-cag.uk on which the Goods are advertised.
Basis of Sale
- These Terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods and supersede and extinguish all previous agreements, promises, assurances, representations and understandings between us. Please check that the details in the Terms or on the Order (where applicable) are complete and accurate before you commit yourself to the contract. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. When you are ordering Goods from us, please ensure that you read and understand these Terms before you submit your Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5
- The Birmingham Contemporary Art Gallery is not regulated by the Financial Conduct Authority and is not authorised to offer advice on current and future investment, whether regulated or unregulated. If you are making investment decisions you should seek advice from an independent financial advisor or other regulated professional. Investments in art can go down as well as up. The BCAG (together with its affiliates, officers, directors and employees) gives no guarantee, warranty or representation as to the investment potential of the goods that it offers for sale.
- Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained online, or in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
- If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
- The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
- These Terms shall become binding on you and us when:
2.6.1 we issue you with a Sales Invoice; or
2.6.2 we notify you that the Goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection from the gallery or for delivery to you.
- Please quote the Sales Invoice number (where applicable) in all subsequent correspondence with us relating to the Order.
- We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
The description of the Goods in our gallery and on our Website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- We will take reasonable steps to pack the Goods properly and to ensure that you receive your Order in good condition.
- These Terms apply to any repaired or replacement Goods we may supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
- It is your responsibility to examine your Goods carefully for any damage and to contact us as swiftly as possible should any defects be identified, in order that we can take the necessary steps to repair, replace, or if necessary, refund the Goods. We therefore request that upon receipt of your Goods you remove all packaging and inspect the piece closely to ensure that it is in perfect condition. Should you be less than satisfied with the quality of the Goods you should advise us no later than 14 working days after taking possession of the Goods. Any delay to you notifying us might impact upon our ability to rectify the issue for you.
- Collection of the Artwork shall be made by you in person from the premises of The BCAG at the time of purchase or at any other date and time so agreed.
- Online purchases will be delivered by the BCAG dispatching the Artwork to the address specified in your order or can be collected at our premises Unit 5 Arena Birmingham, King Edwards Road, Birmingham, B1 2AA.
- Delivery will be made through a recognised logistics company. All delivery charges will be payable by you. Please allow up to 21 days for delivery. This delivery time is estimate based on availability, normal processing and delivery times, and the BCAG shall not be liable to you in the event of late delivery or non-delivery at all.
- Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with a delivery company.
- Where you request for delivery other than in accordance with clause 3.1 or clause 3.2, the BCAG shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
- If there is no one available at the delivery address to accept delivery of the couriered Artwork, you will be notified of an alternative delivery date or place to collect the goods. For the avoidance of doubt, the BCAG will not accept responsibility for the Artwork that is returned to the post office and remain uncollected.
- The BCAG will not be liable for any loss or damage suffered by you through any delay in delivery of an order. The BCAG will not be liable for any damage which occurs to an order once delivery has been made.
- You may collect the Goods from us or, if specified at the point of Order and for an additional charge, we will arrange delivery of the Goods to you.
- Delivery of the Order will be completed when either we or our delivery agents deliver the Goods to you or we make the Goods available for collection by you.
4.10 We will take reasonable steps to meet any estimated delivery or collection date specified in the Order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new estimated date with you.
4.11 If you fail to take delivery of the Goods within seven calendar days of the date on which we notify you that the Goods are ready then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
- we will store the Goods until delivery takes place and reserve the right to charge you a reasonable sum (currently £10 a day), to cover storage costs thereafter such as expenses and insurance; and
- we shall have no liability to you for late delivery.
- If you have not taken delivery of the Goods within fourteen calendar days of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, credit the balance to a client account held by us or charge you for any shortfall below their price.
- If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
- Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- We reserve the right to instruct finance payments to commence fourteen calendar days after we have notified you that your Goods are available.
- Price and Payment
- The price of the Goods is that set out in the gallery or on the website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- Payment in cleared funds for all Goods must be made at the time when goods are collected or with the Order, as the case may be. We accept payment by cleared cheque (supported by banker’s card), cash (subject to Money Laundering Regulations), credit finance (subject to status) and most debit and credit cards.
- We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the Goods and these are and will remain your responsibility.
- Returns and Cancellation
7.1 If you are not happy with your online purchase, please inform us within 48 hours via email or phone, giving your reason and giving indication if you wish to return the item or exchange the item purchased. Please make your return within 7 days of receipt, unused and in its original packaging and indicate if an exchange or refund is required. You will be responsible for paying the initial postage cost plus the return postage cost on any returned items and a refund will be issued as long as the goods are received in good order and in their original condition.
7.2 For goods viewed and purchased in the gallery itself, an exchange could be made for an alternative product or a credit note issued to the value of the exchanged item. Please note that for hygiene reasons, items of jewellery cannot be returned unless faulty.
- Original Works
- Where we have commissioned and/or sold to you an original work of art then, no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred. All such rights are expressly reserved to us and we do not guarantee that any such rights either will or will not be exercised.
- Events Outside Our Control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation),the following:
- strikes, lock-outs or other industrial action; or
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- impossibility of the use of public or private telecommunications networks.
- Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
- Personal information
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- BCAG does not disclose buyers’ information to third parties. Cookies may be used to keep track of the contents of your shopping cart once you have selected an item and to store your details once a purchase has been made. If you purchase goods online, your contact details will be shared with the designated courier company for delivery of your purchased goods.