Shop: Terms and conditions

Please read these terms and conditions carefully before ordering any of the 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.

This legal notice applies to all purchases made by you through the website under the domain name www.shop.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.

Holiday bookings and purchases of prints are made through third party companies; you will be taken to their separate websites when you click on the relevant links within www.artfund.org.

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.

 

1. Products

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.

 

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 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. We accept payment with VISA, Visa Debit, Mastercard and Maestro. 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

Our shopping 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 "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. 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 shop@artfund.org. 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.

 

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 and Cookies Policy.

 

5. Delivery

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.

We will contact you with an estimated delivery date, which will normally be within 10 working days of the date of the Order Confirmation. 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.

Express delivery is only available for National Art Pass Gift Packages. 

To receive your goods for Christmas, orders for standard UK delivery must be placed by 17 December 2015. Orders for Express delivery of National Art Pass Gift Packages must be placed by 22 December 2015. For overseas destinations, cut-off times vary, so please order by 1 December 2015.

National Art Pass Gift Packages will be dispatched from 1 October 2015.

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, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, 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.

 

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 on the screen and will be invited to approve or amend it. Upon completion of your order, your message will be submitted for printing. No further proof will be sent. If you are ordering by telephone, no proof will be offered and any errors are not our responsibility. For this reason you are strongly advised to order personalised cards online.  

 

7. National Art Pass Gift Packages

King & McGaw gift cards are valid until 31 December 2016 and are redeemable online at www.kingandmcgaw.com. They cannot be exchanged for cash.

Art Happens gift cards can be used to support any Art Happens project at artfund.org/arthappens up to the value placed on the card. They are valid for a period of twelve months from the date of issue and the expiry date will be printed on the card. They cannot be exchanged for cash or to purchase Art Fund membership. 

Gift National Art Passes are subject to standard National Art Pass terms and conditions.

 

8. 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 14 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). 

To cancel a Contract, you just need to let us know that you have decided to cancel. Simply email us at shop@artfund.org or contact our Customer and Supporter Services team on 020 7225 4800 to let us know. Alternatively, you can complete the Order Cancellation Form and return it to us either by email to shop@artfund.org or by post to The Art Fund Shop, 2 Granary Square, King's Cross, London N1C 4BH.  A link to the online cancellation form will also be included in the Order Confirmation.

If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. 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.

You will not have any right to cancel any Contract for personalised cards.

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 7 days from receipt of your cancellation. In order to obtain the refund the Products must be returned to us at the following address: Art Fund Shop - Returns, 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.

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.

 

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 or the Catalogue after a change has been made you are deemed to have accepted the changes.

 

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.

 

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.

 

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.

 

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

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