1. USE OF THIS WEBSITE

Updated:18.09.19

These Terms and Conditions apply to your use of this website. Please read them carefully and ensure that you understand them. You will be asked to agree to these terms before being able to order any Artworks from our site. Your use of this website is subject to your acceptance of these terms and conditions. If you do not accept these terms you must not use or access this website.

Your purchase contract is with ART-MA LTD trading as art-ma. In these Terms and Conditions (Terms), “we”, “us” and “our” shall be interpreted as referring to art-ma. You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time, therefore each time you place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to “in writing”, this will include e-mail.

If you are an Artist please see the Terms and conditions which apply to Artist Submissions and Representation on this Site.

 

2. ABOUT ART-MA

We operate the website www.art-ma.com. ART-MA LTD is a company registered in England (company no. 3800855) whose registered office is at 1 Linden Avenue, Wembley, Middlesex. HA9 8BB.

Contacting us: If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by our contact us page or e-mail, then your cancellation is effective from the date you send us the notification.

 

3. OUR ARTWORKS

The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Artworks. Your Artworks may vary slightly from those images.

We offer the following editions for prints:

  • Open Edition
  • Limited Edition
  • Special Edition
  • Exclusive Edition
  • Hand Embellished
  • Charity Edition
  • Donated Edition

 

Contacting us: If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by our contact us page or e-mail, then your cancellation is effective from the date you send us the notification.

 

4. INTELLECTUAL PROPERTY RIGHTS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of ART-MA LTD trading as art-ma, or its content suppliers and protected by U.K. and international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of art-ma is strictly prohibited.

License to use this website is granted limited to the following: You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

Without express consent you must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or otherwise sub-license material on the website;
  • Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Re-distribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.

 

5. LIMITATION OF LIABILITY

The information on this website is provided free-of-charge, and whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

 

6. RESTRICTED ACCESS

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.

 

7. GUEST BOOK/LOGIN/PARTNERS

  • You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
  • You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • You must not use our website for any purposes related to marketing without our express written consent.
  • You must not use our website to copy, publish or send mass mailings or spam.
  • You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
  • All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
  • We reserve the right to edit or remove any material posted upon our website.
  • We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

 

8. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

9. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  • Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
  • After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Artworks have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.
  • If we are unable to supply you with an Artwork, for example because that Artwork is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artworks, we will refund you the full amount including any delivery costs charged as soon as possible.

 

10. OUR RIGHT TO VARY THESE TERMS

  • We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
  • Every time you order Artworks from us, the Terms in force at the time of your order will apply to the Contract between you and us.
  • We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.

 

If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Artworks or just the Artworks you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artworks you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

11. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause only applies if you are a consumer.

  • If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract and receive a refund.
  • However, this cancellation right does not apply if your purchase of an artwork includes a custom-made frame or is a commissioned artwork.
  • Your legal right to cancel a Contract starts from the date when we confirm dispatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
    • Your Contract End of the cancellation period.
    • Your Contract is for a single artwork: The end date is 14 days after the day on which you receive the Artwork.
    • Your Contract is for multiple Artworks which are delivered on separate days: The end date is 14 days after the day on which you receive the last of the Artworks ordered.
  • To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is via Email. If you use this method we will e-mail you to confirm we have received your cancellation. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by our contact us page or e-mail, then your cancellation is effective from the date you send us the notification.
  • If you cancel your Contract we will:
    • (a) Refund you the price you paid for the Artworks. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
    • (b) In the case of Artworks returned from addresses in the United Kingdom: 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;
    • (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
      • (i) If you have received the Artwork and we have not offered to collect it from you: 14 days after the day on which we receive the Artwork back from you. For address details, see clause 2;
      • (ii) If you have not received the Artwork and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
  • If you have returned the Artworks to us under this clause because they are faulty or mis-described, we will refund the price of the Artworks in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Please note that we must have opportunity first to opt to collect the artwork from you.
  • We will refund you on the credit card / debit card or PayPal used by you to pay. If you used vouchers to pay for the Artwork we may refund you in vouchers.
  • If an Artwork has been delivered to you before you decide to cancel your Contract:
    • (a) Then 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 can either send it back, or return it to us at the address given in clause 2;
    • (b) Unless the Artwork is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Artworks to us. If the Artwork is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Artwork to you, these costs should not exceed the sums we charged you for delivery.
  • Because you are a consumer, we are under a legal duty to supply Artworks that are in conformity with this Contract. As a consumer, you have legal rights in relation to Artworks that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

 

12. DELIVERY

  • Delivery within the UK will usually be within 7 working days, delivery to destinations outside of the UK will be by the most efficient appropriate method and usually within 30 days.
  • Following placement of your order we will send you an email to confirm the estimated delivery date.
  • Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.
  • Delivery of an Order shall be completed when we deliver the Artworks to the address you gave us and the Artworks will be your responsibility from that time.
  • You own the Artworks once we have received payment in full, including all applicable delivery charges.

 

13. INTERNATIONAL DELIVERY

  • If you order Artworks from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
  • You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
  • You must comply with all applicable laws and regulations of the country for which the Artworks are destined. We will not be liable or responsible if you break any such law.

 

14. PRICE OF ARTWORKS AND DELIVERY CHARGES

  • The prices of the Artworks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system.
  • Prices for our Artworks may change from time to time, but changes will not affect any order you have already placed.
  • The price of an Artwork includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Artworks in full before the change in VAT takes effect.
  • The price of an Artwork does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
  • Our site contains a large number of Artworks. It is always possible that, despite our efforts, some of the Artworks on our site may be incorrectly priced. If we discover an error in the price of the Artworks you have ordered we will contact you [in writing] to inform you of this error and we will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Artworks to you at the incorrect (lower) price.

 

15. HOW TO PAY

  • You can pay for Artworks in either of the following ways:
    • (a) Using a debit card or credit card: we accept the following cards: Maestro UK, Mastercard, Solo, Visa, Visa Debit, PayPal, Visa Electron and American Express.
    • (b) Using one of our Gift Vouchers.
    • (c) Bank Transfer.
  • Payment for the Artworks and all applicable delivery charges is in advance. We will not charge your debit card or credit card until you confirm your order.
  • The following terms apply to purchases using our Gift Vouchers:
    • (a) Each of our Gift Vouchers has a unique reference code. For purchases online, the code must be quoted.
    • (b) Our Gift Vouchers may be exchanged for Artworks: where the Artwork(s) being purchased are of a higher total price than the Gift Voucher, you must pay the difference by debit card or credit card.
    • (c) Where the Artwork(s) being purchased are of a lower total price than the Gift Voucher, the difference will be credited to you for use on your next purchase. No part of a Gift Voucher can be exchanged for cash.
    • (d) Each of our Gift Vouchers is valid for 12 months from the date of issue, following which the Gift Voucher (and any credit referred to in (c) above) cannot be used in a purchase from us.
    • (e) We do not accept liability for lost or stolen Gift Vouchers.

 

16. OUR LIABILITY IF YOU ARE A BUSINESS

This clause only applies if you are a business customer.

  • We only supply the Artworks for internal use by your business, and you agree not to use the Artwork for any resale purposes.
  • Nothing in these Terms limits or excludes our liability for:
    • (a) Death or personal injury caused by our negligence;
    • (b) Fraud or fraudulent misrepresentation;
    • (c) Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
    • (d) Defective Artworks under the Consumer Protection Act 1987.
  • Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Artworks.

 

17. OUR LIABILITY IF YOU ARE A CONSUMER

This clause only applies if you are a consumer.

  • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
  • We only supply the Artworks for domestic and private use. You agree not to use the Artwork for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We do not in any way exclude or limit our liability for:
    • (a) Death or personal injury caused by our negligence;
    • (b) Fraud or fraudulent misrepresentation;
    • (c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
    • (d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
    • (e) Defective Artworks under the Consumer Protection Act 1987.

 

18. EVENTS OUTSIDE OUR CONTROL

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
    • (a) We will contact you as soon as reasonably possible to notify you; and
    • (b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  • You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Artworks you have already received and we will refund the price you have paid.

 

19. OTHER IMPORTANT TERMS

  • We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
  • May only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  • Is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
  • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  • If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Artworks through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
  • If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

AUCTIONS

Terms and Conditions for Online Auctions:

Please read these Conditions of Sale and the Sale Particulars carefully before PLACING ANY BID OR OFFERING TO BUY ANY ITEM USING BUY-NOW. 

These conditions of sale and the sale particulars set out terms and conditions which will become contractually binding on anyone who registers to bid for an auction and/or places a bid on any Lot in an on-line auction. They also describe certain limitations and exclusions of liability for Art-ma and (where applicable) the third party seller of an item.

 

A. Bidding Process:
  1. By registering and/or by bidding in an auction, or where you offer to purchase a lotusing Buy-Now, you agree to these Conditions of Sale and the Sale Particulars shall be contractually binding on you with Art-ma.
  2. If you make a successful bid for a lotin an auction, or purchase a lot using Buy-Now, these Conditions of Sale and the provisions of the Sale Particulars will form a contract for sale of that lot between you and the seller.
  3. For each lot there will be a starting bid or reserve. Bids will not be accepted for amounts lower than the starting bid or reserve.
  4. When you enter an amount higher than the reserve price or the current bid you will become the highest bidder and your bid will show as the current bid.
  5. If you are outbid, you will receive an outbid email notifying you and inviting you to bid again.
  6. Where lots have a ‘Buy Now’ option, you may purchase the item at the Buy Now price before the auction closes. If this functionality is offered it allows you to buy the relevant lot at a fixed price – the Buy-Now price. If you exercise the Buy Now option, the Conditions of Sale and Sale Particulars for that lot will apply to the sale in the same manner as if you had been the successful bidder in an auction for that lot. The auction for that lot will end immediately on your exercise of the Buy Now option and no further bids will be accepted. Where the auction sale proceeds are to benefit a registered charity, and where the Buy Now option has not been exercised it will be possible for you to bid beyond the Buy Now price so that you may maximize the benefit for the charity. In this case where a bidder places a bid in excess of the Buy Now price the Buy Now option will no longer be available for that lot.

 

B. Auction End:
  1. Subject to the rights and exclusions set out below, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the sellerand the successful bidder at the end of the auction. Winning bidders will receive an email notification of any successful bid setting out the process for completion of their purchase.
  2. Art-ma does not accept responsibility for notifying you of the result of your bids unless you are successful, but will generally as a matter of courtesy notify you that the item has been sold to a higher bidder.
  3. In the case of Buy Now sales you are required to complete the payment process within 30 minutes after which time the lot will again be open to bidders and the previous current bid will be in place.
  4. In the case of a successful highest bid, you are required to complete the payment process within 24 hours of the end of the auction.
  5. Ownership of the lot will not transfer to you until you have paid in full.

 

C. Transport and Shipping:

As a highest bidder, or as a purchaser of a lot via the Buy Now option, delivery will be offered at a fixed price.

 

D. Exclusions:
  1. Please note that broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
  2. Art-ma reserves the right, in our absolute discretion, to reject your registration to bid; to reject, revoke or refuse to accept any bid or use of Buy-Now(even those that have been previously accepted); to withdraw or divide any lot; combine any two or more lots; or, whether during or after the sale, to restart or continue the bidding or to re-offer the lot as a new Buy-Now item at a fixed price. Art-ma also reserves the right to disable or deactivate your account at any time during the sale. Art-ma may exercise such rights in cases where a manifest error becomes apparent but this does not limit the circumstances in which Art-ma may exercise such rights.
  3. Art-mareserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction or Buy-Now sale, and shall have no liability whatsoever with regard to such
  4. Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.

 

E. Legal Rights for Buyer and Seller:

If you fail to pay the amount due either on a Buy Now option or as a successful highest bidder, in addition to our legal rights, we will be entitled in our absolute discretion to do the following:

  1. Charge a late payment fee of 5% of the sale price.
  2. Cancel the sale of the lot. If this option is exercised, the lot may be offered for sale again and you will be liable for any shortfall between the amount due from you and the proceeds of resale.
  3. Failure to complete payment for Buy Now sales within the time allowed will result in the lot being re-offered in the sale. You may also be liable for any costs expenses losses damages and legal fees which we may have to pay or suffer.

 

Gift Cards and Promotions

Terms and conditions for gift cards and promotions

Please read these conditions for the use of gift cards and promotions:

  • Gift cards that have been purchased may be redeemed against any artwork currently offered for sale by art-ma.
  • Gift cards that are part of a promotion and which have not been purchased for value may be redeemed against artwork currently offered for sale by art-ma subject to any exclusion that the Gallery may from time to time impose. For further information on specific promotions please enquire of the gallery directly.
  • Gift cards and promotions cannot be used with any other promotion. Gift cards and promotions will be valid until the expiry indicated on the gift card or on the promotion literature.