ONLINE SALE OF GOODS TERMS AND CONDITIONS
These Terms and Conditions set out :
- YOUR legal rights and responsibilities;
- OUR legal rights and responsibilities; and
- certain key information required by law.
If YOU buy goods on our SITE, YOU agree to be legally bound by these Terms and Conditions. If YOU do not agree with or accept any of these Terms and Conditions, YOU should stop using the SITE immediately and not buy any goods on the SITE.
INFORMATION ABOUT US
We are Eden Fine Art London Ltd a company registered in the London under registration number United Kingdom having OUR registered office at 103 New Bond St, Mayfair, London W1S 1ST, UK. WE can be contacted at 103 New Bond St, Mayfair, London W1S 1ST,, UK Tel: +44-20-3769-0150, Fax : , and email: [email protected] (“WE” or “US”).
ARTICLE 1. DEFINITIONS
“CONSUMER” means a person having the features of a consumer as defined in the Consumer Rights Act 2015 and is acting for purposes that are wholly or mainly outside his/her trade, business, craft or profession.
"PRODUCT” or “PRODUCTS" means the good(s) available for sale on our SITE;
“ORDER” means an order to purchase PRODUCTS which YOU make on OUR SITE.
"TERRITORY" means the United Kingdom or UK; and
“YOU/YOUR” means the person using our SITE to place an ORDER to buy PRODUCTS from US and being a consumer as defined in the Consumer Rights Act 2015. As such, YOU must be acting as a CONSUMER.
ARTICLE 2. PURPOSE
ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and they may be updated or modified in accordance with Article 18. The latest version of the Terms and Conditions applies to any new ORDER of PRODUCTS. YOU must read through and accept the latest version of the Terms and Conditions before placing an ORDER. YOU are encouraged to carefully read, download, and print the Terms and Conditions and to keep a copy for YOUR records.
By clicking on the button to place an ORDER and then the button to confirm the ORDER, YOU acknowledge having read, understood and accepted these Terms and Conditions without limitations or conditions.
ARTICLE 4. PURCHASE OF PRODUCTS ON SITE
YOU will be required to provide information allowing US to identify YOU by completing the form available on the SITE. The sign (*) indicates the mandatory fields that YOU must fill in before YOUR ORDER is processed by US. YOU can check the status of YOUR ORDER on the SITE. YOU can track the status of YOUR ORDER, if necessary, using the online monitoring tools provided by US or our delivery partners (if any) or contact OUR sales department by sending an email to [email protected] to obtain information about the status of YOUR ORDER.
The information YOU provide to US during an ORDER must be complete, accurate and up to date. WE reserve the right to ask YOU to confirm, by any appropriate means, YOUR identity, YOUR eligibility and the information communicated.
ARTICLE 5. ORDERS
- are of satisfactory quality;
- are fit for purpose;
- match the description, sample or model; and
- are installed properly (if WE install any goods).
WE must provide YOU with PRODUCTS that comply with YOUR legal rights.
The packaging of the PRODUCTS may be different from that shown on the SITE.
While WE try to make sure that :
- all weights, sizes and measurements set out on the SITE are as accurate as possible, there may be a small tolerance of variation in such weights, sizes and measurements certain PRODUCTS; and
- the colours of the PRODUCTS are displayed accurately on the SITE but the actual colours that YOU see on YOUR computer may vary depending on the monitor that YOU use.
Any PRODUCTS sold :
- at discount prices;
- as remnants; or
- as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use before YOU place an ORDER for such PRODUCTS.
If WE can’t supply certain PRODUCTS WE may need to substitute them with alternative goods of equal or better standard and value. In this case :
- WE will let YOU know if WE intend to do this but this may not always be possible; and
- YOU can refuse to accept such substitutes, in which case WE will offer YOU a refund or a replacement and let YOU know how long such an offer remains open for.
ORDERS are placed directly on the SITE. To place an ORDER, YOU must follow the steps described below (please note, however, that steps may vary according to YOUR starting page).
YOU will have to select the PRODUCT of YOUR choice by clicking on the PRODUCT concerned and selecting the characteristics and the quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in YOUR shopping basket. YOU can add as many PRODUCTS to YOUR shopping basket as YOU wish.
Once YOU have selected a PRODUCT and placed it in YOUR shopping basket, YOU must click on the shopping basket to ensure the contents of YOUR ORDER are correct. If YOU have not done so, WE will invite YOU to identify YOURSELF or register.
If YOU confirm the contents in the shopping basket and have identified or registered on OUR SITE, an automatically completed online form will appear summarising the price and, if applicable, the delivery charges.
Once verified, YOU can then proceed to payment of the PRODUCTS following the instructions on the SITE and by providing all the information necessary for the invoice and the delivery of the PRODUCTS. If options are available for the PRODUCT, specific references will appear when the correct option(s) have been selected. YOU must include all the information required for the correct processing of the ORDER.
YOU must also select the delivery method for YOUR ORDER
Once all the steps described above are completed, a page will appear on the SITE acknowledging receipt of YOUR ORDER. A copy of the acknowledgment of receipt of the ORDER will be sent to YOU automatically by email to the email address YOU have provided to US. This acknowledgement does not, however, mean that YOUR ORDER has been accepted.
WE may contact YOU to say that WE do not accept YOUR ORDER. This is may be for a number of reasons, for example :
- the goods are unavailable;
- WE cannot authorise YOUR payment;
- YOU are not allowed to buy the PRODUCT from US;
- WE are not allowed to sell the PRODUCT to YOU;
- YOU have ordered too many PRODUCTS; or
- there has been a mistake on the pricing or description of the PRODUCT.
WE will only accept YOUR ORDER when WE email YOU to confirm this (“CONFIRMATION EMAIL”). At this point only :
- a legally binding contract will be in place between YOU and US in respect of YOUR ORDER; and
- WE will dispatch the PRODUCT to YOU.
WE do not send ORDER acknowledge or confirmations by post or fax.
When placing an ORDER, YOU must enter the information WE require for the invoice (the (*) sign will indicate the mandatory fields to be filled in the ORDER so that WE can process YOUR ORDER).
YOU must clearly indicate all the information relating to the delivery, particularly the exact address for delivery, and any relevant access code for or instructions to access the delivery address.
YOU must also select methods of payment.
The online order form and the email acknowledgment of receipt of the ORDER do not constitute an invoice. Irrespective of the order or payment method used, YOU will receive the original invoice on delivery of the PRODUCT, inside the package.
The date of the ORDER is the date of OUR CONFIRMATION EMAIL. The timelines indicated on the SITE do not begin to run until this date.
Prices of the PRODUCTS including the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier and method of delivery) are available from the SITE and are in Pound Sterling (GBP or £).
Prices include, in particular, value added tax (“VAT”) at the rate in force on the date of the ORDER. Any changes in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
Prices of OUR vendors are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in cases of special offers or sales.
The prices quoted on the SITE are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date YOUR place the ORDER.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned on the SITE.
In case the unavailability of a PRODUCT YOU have ORDERED has not been indicated on the PRODUCT page, WE will inform YOU of it.
If certain PRODUCTS are unavailable, WE may need to substitute them with alternative goods of equal or better standard and value. In this case,
a) WE will let YOU know if WE intend to do this but this may not always be possible; and
b) YOU can refuse to accept such substitutes, in which case WE will offer YOU a refund within thirty (30) business days of payment or a replacement and let YOU know how long such an offer remains open for.
ARTICLE 6. RIGHT OF CANCELLATION
ARTICLE 7. PAYMENT
YOU will pay for the PRODUCTS YOU have ORDERED on the SITE according to the payment methods WE offer. YOU warrant to US that YOU hold all the authorisations required to use the chosen methods of payment.
WE will do all that WE reasonably can to ensure that all of the information YOU give US when paying for the PRODUCT is secure by using an encrypted secure payment mechanism.
All data related to YOUR payment provided on our SITE will be transferred to the bank from OUR SITE and will not be processed on OUR SITE.
In the event of a single payment by credit card, YOUR credit or debit card will only be charged when YOUR ORDER is processed.
In the case of a partial delivery, the total amount will be charged from YOUR account when the first package is shipped. If YOU decide to cancel YOUR ORDER of unavailable PRODUCTS, a refund will be provided in accordance with article 5.5 of these Terms and Conditions.
If the bank rejects YOUR payment, YOU must contact OUR Customer Service in order to pay for the ORDER by another valid method of payment.
In the event that, for whatever reason, payment is denied, opposed or otherwise not possible or YOU are unable to proceed with the payment, YOUR ORDER will be cancelled and terminated automatically.
ARTICLE 8. STORAGE OF YOUR INFORMATION
ARTICLE 9. TRANSFER OF OWNERSHIP
Notwithstanding the foregoing paragraph, the risk of loss or damage to the PRODUCT will transfer to YOU upon delivery of the PRODUCT to YOU or a third party designated by YOU (excluding the delivery carrier).
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
YOU agree to respect and maintain the same standards when returning PRODUCTS according to the “Cancellation Policy” in Appendix 1 of these Terms and Conditions
ARTICLE 12. FAULTY GOODS
Nothing in this contract affects YOUR legal rights under the Consumer Rights Act 2015. YOU may also have other rights in law.
ARTICLE 13. LIABILITY
WE are not liable for any delay or non-performance if the cause of the delay or non- performance is related to any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, windstorm or other event beyond the reasonable control of either party.
WE do not exercise control over websites directly or indirectly linked to our SITE. WE are not liable for any content published on third party websites. Links to third party websites are provided for information purposes only and WE give no endorsement or warranty in relation to their content.
ARTICLE 14. PERSONAL DATA
ARTICLE 15. COMPLAINTS
ARTICLE 16. INTELLECTUAL PROPERTY
Any person who publishes a website and wishes to create a direct hypertext link to the SITE shall first obtain OUR written consent, which is at OUR sole and absolute discretion and may be withdrawn at any time.
Hyperlinks to the SITE using techniques such as framing or deep-linking are strictly forbidden.
CLAUSE 17. VALIDITY OF THE TERMS AND CONDITIONS
CLAUSE 18. AMENDMENT OF THE TERMS AND CONDITIONS
Our Terms and Conditions are dated accurately. WE may modify and update our Terms and Conditions at any time.
The Terms and Conditions applicable are those in force at the time of the ORDER. Any changes to OUR Terms and Conditions will not apply to the PRODUCTS already purchased.
CLAUSE 19. DISPUTES, APPLICABLE LAW AND JURISDICTION
If YOU and WE cannot resolve a dispute using OUR internal complaint handling procedure, WE will:
19.1. let YOU know that WE cannot settle the dispute with YOU; and
19.2. YOU may use the online dispute resolution (ODR) platform to resolve the dispute with US. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
If YOU want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
These TERMS AND CONDITIONS and YOUR use of the SITE and all contracts concluded as a result of YOUR use of the SITE are governed by English Law.
Principle of cancellation
No refunds or cancellation shall be accepted once an invoice is issued to the customer.
The cancellation period will expire once an invoice is issued to the customer - Up top 3 days from the day of YOUR purchase.
Notification of right of cancellation
To meet the cancellation deadline, YOU must send YOUR communication concerning YOUR exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
We will make the reimbursement using the same means of payment as you used for the initial transaction.
In the event that we have sent the goods to you and you have canceled your order, we may withhold reimbursement until we have received the goods. The goods will only be accepted in the original crate, and the curator must approve no harm was done to the art.
You shall return canceled orders to: 103 New Bond St, Mayfair, London W1S 1ST, United Kingdom
You will have to bear the cost of returning the goods.
YOU must return the PRODUCT to US at the address: 103 New Bond St, Mayfair, London W1S 1ST, without undue delay and no later than fourteen (14) days after notifying US of YOUR decision to cancel YOUR ORDER.
The CUSTOMER will have to bear the direct costs of returning the goods.
If the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by MAIL, the CUSTOMER will have to bear the direct costs of returning the goods.
YOU will have to bear the costs of returning the PRODUCT
In the event that the PRODUCT, by its nature cannot be returned by post (for example due to weight of the PRODUCT), YOU will have to bear the direct costs of returning the PRODUCT. The cost is estimated at a maximum of £ 1500. This estimate is provided for guidance only and the actual costs YOU will pay will depend on YOUR choice of delivery method.
Condition of the property returned
The PRODUCT must be returned according to OUR instructions and must include all accessories delivered.
YOU are liable for any diminished value of the PRODUCT resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.
Exclusions from the right of cancellation
The right of cancellation is excluded in the following cases :
- Supply of goods or services of which price depends on fluctuations in the financial marke
- Supply of goods made according to YOUR specifications or that are clearly personalised
- Supply of goods liable to deteriorate or to perish rapidly
- Provision of audio or video recordings or sealed software that have been unsealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, car rentals, restaurants or recreational services if the offer provides a specific date or a period of performance
- Supply of goods which by their nature are indissociably connected to other goods
- Supplies of sealed goods that cannot be returned for health or hygiene reasons and that YOU have unsealed the goods after delivery.
- Supply of alcoholic beverages, the price of which had been agreed at the time of conclusion of the contract of sale, the delivery can only be made after 30 business days and the actual value of which depends on fluctuations in the market beyond OUR control
- Provision of non-dematerialised digital content if execution has started with YOUR express prior consent, with YOUR acknowledgment that YOU will lose YOUR right of cancellation
- Contracts concluded at a public auction
APPENDIX 2: DELIVERY POLICY
PRODUCTS WE offer can only be delivered within the TERRITORY.
WE do not deliver to any addresses outside of the TERRITORY.
WE deliver the PRODUCTS to the delivery address YOU provided US with during the ordering process.
The time required to prepare an order and issue an invoice before shipping is indicated on the SITE.
This time does not include weekends or holidays and is an estimate only.
An email message will be automatically sent to YOU at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.
Shipping & delivery costs
During the order process, WE will indicate shipping options and estimated timeframes.
Shipping costs are calculated according to the method of delivery.
YOU will bear the shipping costs in addition to the price of YOUR purchased PRODUCTS.
Details of time frame and delivery is detailed on the SITE.
If WE fail to indicate or agree on a delivery date, WE will deliver the PRODUCTS without undue delay no later than thirty (30) business days after conclusion of the contract.
Terms of delivery
The parcel will be delivered to YOU against signature and upon presentation of identification. If nobody is available to take delivery, WE will leave a notice to enable YOU to collect YOUR parcel from a post office.
YOU will be informed of the delivery date when YOU have selected the carrier at the end of the online ordering process, before confirming the ORDER.
Note that some of the artworks are handmade. Therefore, once the purchase has been made, please allow additional time for the artwork to then be redirected from the artist's studio before going out for delivery.
Deliveries will be made within thirty (30) business days or our acceptance of YOUR ORDER in any event. If this is not the case, YOU must contact US within reasonable time. If WE fail to deliver within the 30 business day period, YOU may terminate the contract.
WE will reimburse YOU, without undue delay after receipt of the termination letter, the total amount paid for the PRODUCT, taxes and shipping costs included, using the same method of payment YOU used to buy the PRODUCTS.
WE are responsible for the delivery of YOUR PRODUCTS. YOU have three (3) days to notify the courier of damages or partial loss noticed upon delivery.