Terms and conditions

Please find terms and conditions for the following:

Artfund.org terms and conditions

1. Introduction

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 2 Granary Square, King's Cross, London N1C 4BH. 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.

Your use of the Website and the Apps is subject to the following Terms of Use, which you are deemed to accept by using the Website and/or the Apps (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.

Nothing in these Terms of Use shall be construed as conferring any wider licence to use or reproduce any material included on the Website or in any App and you understand and agree that the copyright and all other rights in the material on the Website and in the Apps (including, in particular, but not limited to the images displayed on the Website and in the Apps) are owned by the Art Fund or are included with the permission of the owner of the rights. Copying or distribution of material on the Website or in the Apps for any commercial or business purpose and photography, filming, broadcast, alteration or modification of the pages of the Website or any of the Apps (for any purpose) is strictly prohibited.

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;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Terms of Use;
• 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:-

• That the Art Fund accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of the restrictions set out in these Terms of Use.
• To indemnify the Art Fund, its associates, representatives and employees from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our online forums or otherwise from your breach of the restrictions set out in these Terms of Use.
• 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 may attribute the material to you in accordance with the provisions of our Privacy Policy (available here).
• 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 members@artfund.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 members@artfund.org) 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.

The provision of personal information by you and use of it by the Art Fund is subject to the Art Fund’s Privacy Policy (available here), which is incorporated in these Terms of Use.

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 , 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.

13. Severability

In the event that any term of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

14. Variation of these terms and conditions

These Terms of Use were last updated on 14 May 2012. The Art Fund reserves the right to vary these Terms of Use from time to time. Such variations shall become effective immediately upon the posting of the varied Terms of Use on the Website. By continuing to use the Website and/or any of the Apps you will be deemed to accept such variations.

15. Withdrawal or suspension of access to the website/apps

If, for any reason, the Art Fund believes that you have not complied with any of these Terms of Use, the Art Fund may, at its sole discretion, cancel your access to the registration areas of the Website or to your use of the Apps (or any of them) immediately and without giving you any advance notice.

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.

16. General

Nothing in these Terms of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

These Terms of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

National Art Pass terms and conditions

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.
  • Family and Double categories include named cards for 2 adults living at the same address. Family category National Art Passes also cover children in the family unit who are aged under 16 years old. 

 

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 members@artfund.org.
  • 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.
  • The Direct Debit offer is for 12 months for the price of 9 (i.e. 25% discount) in the first year as a Direct Debit payer and cannot be used in conjunction with any offers nor in consecutive years. The full rate will be applicable after the first year discount. The Direct Debit option is not available when buying or renewing a National Art Pass as a gift.  ​

4. Data Protection and Privacy

The Art Fund’s Privacy Policy sets out full details of how we handle your personal data.

 

Art Happens

A donation through the Art Happens platform is a donation to the Art Fund who will claim Gift Aid where applicable.

The Art Fund undertakes to pass your entire donation plus any associated Gift Aid to the museum you have chosen to support for the purposes of realising the project.

All donations are non-refundable in the case of a fully funded project.

If your donation is received after a project has reached its funding target, your money will  go to the museum or gallery in question for use in connection with its general purposes and you will receive your selected reward.

If the project which you have chosen to support does not go ahead for whatever reason we will contact you and offer you the option either to redirect your donation to another project and select a different reward or to have a refund of your donation.

You will be able to follow the progress of your selected project by logging in to your Art Fund account.

Merchandise-based rewards will be despatched to donors as soon as they are available – this may not be until the project is realised, as they may depend on images or assets related to the fully completed project. As merchandise-based rewards are given in response to a donation being made, they are non-returnable and cannot be exchanged for other goods and services. Should an item be damaged in transit it is eligible for replacement if it is returned to the Art Fund head office, 2, Granary Square, London N1C 4BH within 10 working days of being received.

Events-based rewards will be provided by the party indicated, on the dates and in the manner described on the Art Happens section of the Art Fund’s website. Events-based rewards are not transferable and no cash alternative will be provided.

You must not use borrowed, stolen, or forged payment methods to make your donation. Should you do so, you agree to accept full responsibility for such action and to indemnify the Art Fund in respect of all actions, claims, damages, liability, fees, costs and expenses whatsoever that arise as a result of your actions.

The Art Fund is not responsible for the content of third party websites.

Art Happens gift cards and certificates can be used to support any Art Happens project at artfund.org/arthappens, up to the value placed on the card or certificate. They are valid for twelve months from date of purchase and can not be exchanged for cash or to purchase membership.  

 

Art Fund Shop

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 2 Granary Square, King's Cross, London N1C 4BH. 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.

1. Products

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 order is processed and payment received (“Order Confirmation”). The contract between us (“the Contract”) will only be formed when we send the Order 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

Art Fund Services is registered under, and will process your personal data in accordance with, data protection legislation. Any personal data that is provided to us in the course of any transaction with you (with the exception of any credit card details which shall be kept confidential) shall be processed in accordance with the Art Fund’s Privacy Policy.

5. Delivery

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.

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