Terms and Conditions

1 GENERAL

1.1 When submitting an order you are confirming that you are the required legal age to purchase the product. If it is discovered that you are not legally entitled to order certain products, we reserve the right to cancel your order immediately without notice.

1.2 If you are not a private consumer (ie. you are ordering products as or on behalf of a business), you confirm that you have the authority to bind any business on whose behalf you use this Website.

1.3 Products remain the property of Banchory Gallery Ltd inc. Artists gallery until payment is received in full.

1.4 We will only charge you for a product when it is available to post and we will notify you when to expect delivery. Customers can request there own delivery dates if required please just ask.

2 PRICES AND PAYMENT

2.1 We accept payment by Visa, Mastercard, Delta, Switch and Customer Cheque. Payment will be deducted when we receive your order for the products. You confirm that the payment card being used is yours. All payment card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing your payment. Please note that orders paid by cheque will only be released upon funds clearing

2.2 All prices displayed on this Website are in UK pounds sterling. The prices include VAT (where applicable) but exclude delivery charges.

2.3 The total cost of your order will be the price for the products and the applicable delivery charge (see below). The total cost will be displayed to you in your shopping basket before you submit your order.

2.4 Prices and products displayed are subject to availability and may change before (but not after) we accept your order. We will advise you of any change in the price or product and offer you the chance to cancel your order should such a change occur before we accept your offer.

3 DELIVERY

3.1 This Website is for delivery of products to customers worldwide

3.2 International deliveries will be priced on destination and subject to customer approval before we charge for any purchases.

3.3 The products you order will be delivered to the address you provide when we take your order details. It is your responsibility to ensure someone is available at this address to take delivery of the products you have ordered. Delivery of products which are not small enough to post through your letterbox must be signed for. It is your responsibility to ensure you retain the receipt enclosed with the products.

3.4 Risk of loss and damage to the products passes to you on the date when the products are delivered to you or on the date of first attempted delivery by us. Title (ownership) of the products will pass to you on receipt by us of the price for the products.

4 WARRANTY

4.1 Products ordered by you are supplied with the benefit of the relevant manufacturers� warranty. It is your responsibility to maintain and manage the warranty for the products.

4.2 We will use our reasonable endeavours to verify the accuracy of any material or information on or available via this website but we make no representation or warranty of any kind (express, implied or otherwise) as to the accuracy or completeness of any such material or information and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this website.

5 CANCELLATION AND RETURNS

5.1 You can cancel your purchase at any time either before or up to 7 working days (Monday to Friday inclusive) after the day of receipt of your product without penalty and without the need to give us any reason. However, the following points must be observed:

� The products must be returned in an unused condition in its original, undamaged packaging with all seals intact together with product receipt;

� Products are to be returned to us at your expense unless the product is faulty when you receive it.

5.2 Your right to cancel will not apply if the products are made or tailored to your specification or personalised at your request.

5.3 On receipt of your notification of cancellation, the price of the products will be credited to your payment card within 30 days beginning with the day on which notice of cancellation is given. If you fail to return the products to us within 30 days of your notice of cancellation, you will be deemed to have accepted the products and a new contract to purchase the products will be formed and your payment card will be debited for the price of the products. We are not responsible for non-delivery of returned goods and it is recommended that you obtain proof of posting and/or delivery insurance as appropriate.

Your statutory rights are not affected by this cancellation and returns policy.

6 SEVERANCE

6.1 If any part of these terms and conditions are held to be unenforceable by a court of competent jurisdiction, that part will be severed from these terms and conditions and the remainder shall continue in full force and effect.

7 FORCE MAJEURE

7.1 Neither of us shall be responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.

8 ENTIRE AGREEMENT

8.1 This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.

9 WAIVER

9.1 No delay, indulgence or omission in exercising any right, power or remedy provided by these terms and conditions or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.

10 LAW

10.1 Use of this Website and the sale of products via this Website is subject to the laws of Scotland and the exclusive jurisdiction of the Scottish Courts.

THE DATA PROTECTION ACT 1998

Under the Data Protection Act 1998, You are granted certain rights. If you would like to know what information We hold about You, where We obtained such information and to whom We have disclosed it, You may submit a written request for these details to Us at the address set out [above]. We may charge You a statutory administration fee to comply with Your request. If You have any questions about Your rights under the Data Protection Act or would like further information, You can visit the Information Commissioner�s website at www.dataprotection.org.uk

FRAUD PREVENTION

In order to protect Our customers and Us from fraud and theft, We may pass on information that We obtain from making identity checks and other information in Our customer records, including how You conduct Your account, to other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.

LINKS

This Website may contain links that make it easier for You to visit other websites. If You use such links and leave this Website to visit a third party website, We do not have any control over such website. You should view the privacy statement applicable to third party websites to ensure the protection and privacy of any information You provide while visiting such websites.

In the event that you have any quiries regarding our terms and conditions please contast us at artistsgallery@live.co.uk

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