Please read these terms and conditions carefully before ordering any of the membership add-on products listed on our website (“Products”). You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Separate terms and conditions apply to the purchase of a National Art Pass.
This legal notice applies to all purchases made by you through the website under the domain name www.artfund.org (“the Site”). 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 SC038331. Art Fund Services passes all of its profits to the Art Fund.
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. These terms and conditions are only available in English.
Specifications of the Products to be supplied by Art Fund Services on the Site 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 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.
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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.
Products are only available with the purchase of a National Art Pass.
The price for the Products shall be the price listed on the Site 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 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.
Payment for all Products must be made by credit or debit card or Direct Debit. We accept payment with VISA, VISA Debit/Delta, Mastercard and Maestro. Payment for all Products will be the same payment method used for purchase of a National Art Pass. 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 any Product 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.
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3. Ordering on the Site
Our checkout pages will guide you through the steps you need to follow to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please read and check the details carefully at each stage of the order process.
Once you click on the “Continue to secure payment” 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. After you place an order, you will receive an acknowledgement from us that we have received your order. However, please note that this acknowledgement from us does not mean that your order has been accepted.
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.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
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 email us with any order enquiries at email@example.com. Alternatively, if you prefer to speak to a member of our Customer and Supporter Services team, please call us on 020 7225 4800.
The Contract will only relate to those Products whose dispatch we have confirmed in the Order 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 Order Confirmation.
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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 or bank details which shall be kept confidential) shall be processed in accordance with the Art Fund’s Privacy and Cookies Policy.
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All Products will be delivered to the delivery address that you indicate when you complete the Delivery Details section of your Order during the checkout process. 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.
Products will be dispatched with your National Art Pass or Gift National Art Pass. Free standard delivery is by Royal Mail second class service. Please allow ten working days for delivery. Express delivery is available at a cost of £6.95. Occasionally our delivery to you may be affected by a Force Majeure Event. See clause 8 for responsibilities when this happens. Please note that orders to be dispatched outside of the UK may take longer to fulfil.
To receive your goods for Christmas, orders for standard UK delivery must be placed by 9 December 2016. Orders for Express delivery must be placed by 22 December 2016. For overseas destinations, cut-off times vary, so please order by 1 December 2016.
Express delivery service means that you will receive your National Art Pass(es) within 2 working days from the date on which your application was submitted.
We shall confirm each order in writing by sending you a delivery note along with your Products.
Delivery shall be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from that time.
You own the Products once we have received payment in full, including all applicable delivery charges.
If we miss the delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
Alternatively and if you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you do choose to cancel your order for late delivery, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
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7. National Art Pass Gift Packages
National Art Passes and Gift National Art Passes are subject to National Art Pass terms and conditions.
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8. Cancellation and Returns of Products
We hope the notebooks and/or tote bag you purchased (along with your National Art Pass) are absolutely perfect but if you are not totally satisfied with these, all you need to do is return them to us within seven days of receipt and we will either issue a refund or send you a replacement; the choice is yours.
Returning an item is very easy:
Call us on 020 7225 4800 or drop us a line at firstname.lastname@example.org to let us know you’ll be returning the item(s), so that we can keep an eye out for your parcel.
Return the items to: Art Fund, 2 Granary Square, King’s Cross, London, N1C 4BH
Please remember to include a note with your name and email address, and the details of whether you would like a refund or a replacement to be sent.
What happens next?
Once we receive your parcel, we will email you to let you know that it has arrived safely. We will then send you a replacement or issue the refund for the cost of the items within seven working days. If you cancel your Contract we will:
(a) refund you the price you paid for the Products. Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop; and
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer; if you elected express delivery, the additional costs will not be refunded.
If a Product has been delivered to you before you decide to cancel your Contract (and provided you are still entitled to do so) you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. 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 from the Post Office as we are not responsible for your parcel until it has been received by us. Products lost in transit will not be treated as returned.
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 process the refund within seven days from receipt of your cancellation. In order to obtain the refund the Products must be returned to us at the following address: Supporter Services Art Fund , 2 Granary Square, King's Cross, London N1C 4BH.
9. 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 8. Subscription fees for a National Art Pass are non-refundable once paid and a National Art Pass has been issued.
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.
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10. 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 after a change has been made you are deemed to have accepted the changes.
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11. Overseas Customers
As Art Fund Services is a United Kingdom company, all charges shown on the Site 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 placing of any order through the Site 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.
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12. 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 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.
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13. 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.
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14. Comments and Complaints
If you have any comments or complaints to make about purchases made through the Site, please send them to Art Fund , 2 Granary Square, King's Cross, London N1C 4BH.
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