Please find terms and conditions for the following:
The website at www.artfund.org (“the Website”) and the Art Fund's mobile applications from time to time ("the Apps") are operated by The National Art Collections Fund (which is a charity registered in England and Wales with charity no. 209174 and in Scotland with charity no. SC038331) on behalf of itself and its wholly owned trading subsidiary, Art Fund Services Limited (a company registered in England & Wales, company no. 01487654). The National Art Collections Fund and Art Fund Services Limited have a group VAT Registration Number GB503552379. The address of The National Art Collections Fund and Art Fund Services Limited is Millais House, 7 Cromwell Place London SW7 2JN. Please note: In these Terms & Conditions, references to “Art Fund” or “us” or “we” should be read as referring to The National Art Collections Fund and/or Art Fund Services Limited, as applicable.
Please note that additional terms will apply to any purchase that you make through the Website or any App and any competitions and promotions operated or promoted through the Website or via any App.
2. Copyright and trade marks
As a visitor to the Website or a user of the Apps, you may download a single copy of the material (i) on the Website or on the Apps to a single computer or other device for your own private viewing/listening purposes only and print a single copy of the same for the sole purpose of retaining a copy for your own personal records only.
No use of the name, logos and/or other trade marks of the Art Fund (whether registered or unregistered) may be made by you without the separate express written agreement of the Art Fund.
3. Prohibited use
You agree not to use the Website, nor any of the Apps:
• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website or the Apps;
• to disseminate advertisements or for any other commercial purposes (which would include using the Website or the App to promote or encourage the sale of your goods/services);
• to transmit or re-circulate any material obtained from the Website or the App to any third party except where expressly permitted on the Website or the App;
• to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes", or any other form of solicitation;
• to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the Website or the App by any person;
• to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• in any way that might infringe third party privacy or other rights, is unlawful or that might bring the Art Fund or any of its associates into disrepute; or
• to post link(s) that take users to material that contravenes any of the above restrictions.
4. User-submitted material
Any discussion forums or pages where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use that is inconsistent with those stated purposes is strictly prohibited.
In relation to this material, you acknowledge and agree:-
• All rights in any material submitted by you shall become the sole property of the Art Fund and that we shall have the right to use that content in perpetuity, throughout the world, in all known and discovered mediums and for all purposes and we shall have the right to make it available to the public on the Website or within the Apps and otherwise. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.
• We will not view or edit or pre-screen any contribution that you or anyone else make to the forums or to the Website or the Apps generally and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on the Website or in the App. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any material that is posted to, or available on, the forums or the Website or in any App without the need to give any reasons for doing so.
If you object to the publication of any material placed on our online forums (or anywhere else on the Website or in the Apps) please let us know by calling 0844 415 4100 or by sending an appropriately worded email to firstname.lastname@example.org and we will take whatever action we deem appropriate.
5. Information and availability
Whilst we take every care to ensure that the information on the Website and in the Apps is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website and the Apps are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
6. No reliance
The information on the Website and in the Apps does not necessarily reflect the views and opinions of the Art Fund. Neither should any suggestions or advice contained on the Website or in the Apps be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on the Website or in the Apps before entering into any commitment based upon them.
7. Linking to the website
We welcome 'hot links' to the Home Page of our Website, but not 'deep linking' by which we mean that you may not include a link to any page of our Website that is not the Home Page. Neither may you display the contents of our Website (or any page from it) or content from any of the Apps, or allow such content to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent.
8. Links to other websites
On the Website or in the Apps you may be offered automatic links to other Websites. Whilst we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content.
9. Computer viruses
We will use reasonable endeavours to ensure that the Website and the Apps do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Website or via the Apps and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website or any of the Apps.
10. Registration on the website
On certain parts of the Website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to email@example.com) to keep it true, accurate, current and complete.
11. Submission of information/data
Where information (including sensitive financial or personal information) is provided to the Art Fund (whether directly through the Website or otherwise) you accept that these methods of communication cannot be 100% secure. Where financial information is provided to the Art Fund it uses encryption software to attempt to prevent unauthorised access to this information being obtained. However, the Art Fund cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of the Art Fund or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to the Art Fund directly through the Website or otherwise.
12. Your username and password for the website
Where you are able to register on the Website, you will be allocated with a unique username and/or password that gives you access to your Website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or Website account or any other breach of security by sending an appropriately worded email to firstname.lastname@example.org, and (b) ensure that you exit from your Website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
14. Variation of these terms and conditions
15. Withdrawal or suspension of access to the website/apps
Further, the Art Fund reserves absolutely the right to withdraw or suspend the Website or the Apps where it deems this to be necessary without notice and will not be liable to you for such unavailability.
1. Your National Art Pass
- The National Art Pass is proof of your membership of the Art Fund. Members must have a valid National Art Pass with them to gain free or discounted entry to museums, galleries and historic properties included in the Guide. Members that do not have a valid National Art Pass with them will be asked to pay the full entry fee and refunds cannot be given at a later date.
- National Art Passes are valid until the date of expiry shown on the card and are non-transferable.
- Membership benefits are subject to change from time to time. Where possible, changes to benefits will be published in Art Quarterly and on the Art Fund’s website artfund.org.
- When admission tickets to venues are booked online or by telephone, the National Art Pass must be shown on request at point of collection.
- Once a subscription has been paid and a National Art Pass has been issued, no refunds can be made.
- Lost National Art Passes will be replaced once free of charge. Any subsequent replacement cards will incur a small administration fee.
- The Art Fund reserves the right to reject applications for membership or renewal.
- Admittance to the Art Fund’s AGM is limited to members who are able to show a valid National Art Pass on the day.
2. Art Quarterly and the Guide
- Art Quarterly is published quarterly and will be sent to members (subject to category of membership) during the first week of the month of publication. Please inform us of any change of address by writing to us at Art Fund Supporter and Customer Services, PO Box 3678, Melksham SN12 9AP or email us at email@example.com.
- New members receiving a National Art Pass gift pack may need to activate their membership in order to receive Art Quarterly.
- The Guide is published annually and is sent to new members (subject to category of membership) in their welcome pack. Subsequent Guides are sent with the Winter edition of Art Quarterly each year.
- The Art Fund cannot guarantee the accuracy of the contents of the Guide so please check with individual venues before your visit for current opening times, entrance fees, facilities etc.
3. Direct Debits
- Where a membership subscription is paid by Direct Debit, we will notify you at least 10 working days in advance prior to any payment being debited. If you wish to cancel a subscription, notification must be received by Supporter Services at least 3 days before the Direct Debit due date to ensure that our records can be amended in time. Failure to provide such notice will result in the Direct Debit being claimed.
- No refunds will be provided unless these notice requirements are complied with. If notice has not been given within the specified period and renewal of your membership has occurred, you are still entitled to cancel your membership, but we are not obliged to offer you a refund.
- Any National Art Pass received prior to the cancellation of your Direct Debit must be returned to us.
4. Data Protection and Privacy
Please read these terms and conditions carefully before ordering any of the products listed on our website or in our catalogue (“Products”). You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
This legal notice applies to all purchases made by you through the website under the domain name www.shop.artfund.org (“the Site”) or through our catalogue of gifts and cards (“the Catalogue”). Art Fund Services Limited (“Art Fund Services”) has company registration number 1487654 and its registered office is at Millais House, 7 Cromwell Place, London, SW7 2JN. Any references in these terms and conditions to "we" or "us" (or similar) are references to Art Fund Services, unless the context requires otherwise.
Art Fund Services is a trading subsidiary of the National Art Collections Fund (“the Art Fund”), a charity registered in England and Wales with charity number 209174 and in Scotland with charity number SCO38331. Art Fund Services passes all of its profits to the Art Fund by way of Gift-Aid donations.
PLEASE DO NOT SEND RETURNS TO THE ABOVE ADDRESS. SEE CLAUSE 7 BELOW FOR DETAILS ON HOW TO RETURN AN ITEM.
Art Fund Services’ VAT number is GB503552379.
These terms and conditions of sale are additional to, and not a substitute for, the general terms and conditions of use of the website www.artfund.org which can be found at Terms & Conditions.
These terms and conditions are only available in English.
Specifications of the Products to be supplied by Art Fund Services on the Site or in the Catalogue are not intended to be binding and are intended only to give a general description of the Products. Art Fund Services warrants that it has the right to supply all the Products offered by it on the Site or in the Catalogue and that the Products will substantially comply with their description.
All Products are provided on an "as is" and "as available" basis. To the maximum extent permissible, Art Fund Services makes no other warranties or promises about the Products, and any implied warranties are excluded.
2. Availability, Prices and Information
Art Fund Services does not promise that the Products are necessarily available, and all Products are offered for sale subject to availability.
The price for the Products shall be the price listed on the Site or in the Catalogue on the date of your order inclusive of VAT but exclusive of the delivery charges which will be added to the total amount due.
All prices displayed on the Site or in the Catalogue are quoted in UK Pounds Sterling (£) and the Product price and the delivery charge must be paid in full except where discounts are offered as detailed on the Site or in the Catalogue.
Payment for all Products must be made by credit or debit card. We accept payment with VISA and Mastercard. Your debit or credit card will be debited at the time of ordering but if we consider that there is likely to be a significant delay in dispatching the same to you we will contact you using the contact details you provided to us when placing your order and offer you the opportunity to have the payment refunded. If we do not receive a reply from you within 7 days of our contacting you we shall be entitled to deem that you wish to continue with your order.
If you order Products for delivery outside the UK they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes.
3. Ordering on the Site
Once you click on the "Confirm Order” button we shall treat the order as an offer by you to purchase the Products subject to these terms and conditions of sale. You are responsible for ensuring the accuracy of your order.
If we accept your offer we shall confirm each order on-line via the internet and by e-mail. We will send you an e-mail confirming that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“the Contract”) will only be formed when we send the Dispatch Confirmation to you.
The terms of your orders will not be filed electronically and will not be made available to you on request so you should print off and retain our confirmation of the orders for your records. Please telephone 0844 415 4100 with any order queries.
The Contract will only relate to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have formed part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Personal Data
All Products will be delivered to the delivery address that you indicate when you complete the “Checkout” page of the Site or on the Catalogue order form and risk of damage to or loss of the Products shall pass to you at the time of delivery even if the Products have not been received by you in person.
We shall endeavour to deliver the Products within 10 days although this cannot be guaranteed and we shall not be liable for any delay in delivery of the Products howsoever caused. Please note that orders to be dispatched outside of the UK may take longer to fulfil.
To receive your gifts for Christmas, orders for UK delivery must be placed by 19 December 2013. For overseas destinations, cut-off times vary, so please order by 3 December 2013.
Gift National Art Pass boxes will be dispatched from 1 October 2013.
We shall confirm each order in writing by sending you a delivery note along with your Products.
6. Personalised Cards
There is a minimum order of five packs of any one card design. Please complete the “Personal Message” section underneath the Product details, exactly as you wish your details/message to be printed. If you are ordering online, you will be able to preview a proof of your message, which you are invited to approve or amend. Upon completion of your order, your message will be submitted for printing. No further proof will be sent. If you are ordering via post, no proof will be offered. If you are ordering by telephone and can provide a valid email address during the call, a proof of your card will be sent to you by email. The deadline for ordering cards and approving the proof is 7 December 2012.
7. Cancellation and Returns of Products
We want you to be totally satisfied with the Products that we provide to you. However if you would like to cancel your order and return the Products to us you may do so at any point within the 7 day cooling-off period from the day after receiving them (enclosing a copy of your Product order confirmation/receipt and your reasons for returning the Product). If you do wish to return the Product(s) to us please telephone us first on 0844 415 4100 to advise us.
If you are returning an entire order we will refund the full purchase price of the Products including the delivery charges. However, if you are only returning part of an order, no refund will be given in respect of the delivery charges.
You will be responsible for the cost of returning the Product to us, unless the Product is faulty. We strongly recommend that you either use recorded/signed for delivery or obtain a free certificate of posting form from the Post Office as we are not responsible for your parcel until it has been received by us. Items lost in transit will not be treated as returned.
You will not have any right to cancel any Contract if the order is for:
- products which are made to your specifications or clearly personalised;
- products which are liable to deteriorate or expire rapidly;
- the supply of audio or video recordings in any format or computer software, that have been provided in a sealed package and that have been unsealed by you; or
- newspapers, periodicals or magazines or the supply thereof (and this will include all subscriptions for newspapers, periodicals or magazines); or
- earrings for pierced ears.
None of this affects your rights to claim for defective or faulty goods or workmanship under the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982. However, in the case of faulty goods, the cancellation policy detailed above will not apply if the fault arises from, in our reasonable opinion, fair wear and tear, deliberate damage, accidental damage, negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration or repair of the goods without manufacturer approval.
Art Fund Services will confirm any cancellation by email and will repay to you the cost of the Products (including the delivery charges, if applicable) within 7 days from receipt of your cancellation. In order to obtain the refund the goods must be returned to us at the following address: The Art Fund, PO Box 3678, Melksham, SN12 9AP.
8. Limitation of Liability
Art Fund Services’ liability to you under the contract for the Products is limited to refunding the price of the Products (including the delivery charges, if applicable) as provided for in Clause 7.
Art Fund Services is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including, without limitation, financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.
For the avoidance of doubt, nothing in these terms and conditions of sale shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence or the negligence of our officers or employees.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (a so-called “Force Majeure Event”). Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9. Changes to the Terms and Conditions of Sale
Our terms and conditions of sale may be changed. Please review them regularly. If you continue to use the Site or the Catalogue after a change has been made you are deemed to have accepted the changes.
10. Overseas Customers
As Art Fund Services is a United Kingdom company, all charges shown on the Site and in the Catalogue are in Pounds Sterling. If you are placing an order from outside of the UK your card issuer may convert the charge into your local currency.
This Site and these terms and conditions have been designed for use within the UK. Whilst we will consider orders from outside the UK, we give no warranty, express or implied, that the Site or the Catalogue or the placing of any order through the Site or through the Catalogue from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, we reserve the right to refuse any order at our discretion from overseas customers and we will have no obligation to provide you with any reasons for refusing an order.
11. Law and Jurisdiction
These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Site, the Catalogue or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
12. Entire Agreement
This Contract supersedes all previous agreements or arrangements between you and Art Fund Services in respect of the provision of the Products and represents the entire understanding between you and Art Fund Services in relation to the same. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
13. Comments and Complaints
If you have any comments or complaints to make about purchases made through the Site or through the Catalogue please send them to Art Fund Shop, Freepost SN1457, Halifax Road, Melksham SN12 7BR or telephone 0844 415 4100.