Terms & Conditions
James Freeman Gallery – Website Sales
Summary of Terms & Conditions
• Once you make payment, we will confirm your order by email within 72 hours and then dispatch within 15 working days from the date of payment. If we decline the order or cannot fulfil it, we will refund you immediately. The above dispatch timeframe applies to works currently held in stock. If a work must be produced or framed to order, then we will advise you of the estimated timeframe prior to purchase. Please note any timeframe provided will be an estimate and is subject to change depending on our suppliers.
• We will only ship to the registered billing address of the card used to make payment. If you prefer to collect from the gallery, it is simpler for you to contact us to arrange the sale directly.
• For UK deliveries of smaller works, we will use Royal Mail, Parcelforce, or a commercial courier such as DHL or Fedex. For larger works in the UK, we will use an art specialist courier such as Aardvark or 3 Lanes. For international deliveries, we use DHL, Fedex, or an art specialist road courier if more cost-effective. For smaller works we pack in-house. For larger works, we use professional packers – which increases the cost and time.
• Shipping can take up to 2 weeks from dispatch, and will depend on the shipper’s schedule. These are beyond our control.
• If shipping out of the UK, there may be duties and or/taxes for you to pay to import into your country. These are your responsibility to pay.
• As a contemporary art gallery, many of the artworks advertised for sale on our website are sold on the Margin Scheme and as such, there is no VAT either to be added nor reclaimed. For artworks that are not sold on the Margin Scheme and that are VAT applicable, prices are shown with VAT included. The VAT will de deducted at checkout if delivery is to outside the UK.
• For sales to European countries you are entitled to return goods for a refund within 14 days of receipt of your items. You are responsible for the costs of return shipping in such an event. Once returned artworks have been received and checked to be in the same condition as when they left us, we process refunds within 14 days. Please note that the total amount refunded will exclude costs incurred by us which we cannot recoup in the event of a refund: these are the initial card processing fees (1.4% of the total for European cards; 2.9% of the total for international cards), and the shipping fees incurred by us in sending the works to you.
Please see below for full terms & conditions.
James Freeman Gallery: Terms & Conditions of Sale
This page sets out the terms and conditions which govern your purchase of and our supply of goods to you through the website located at http://www.jamesfreemangallery.com (“the website”). Before you use the website you must read and accept all the terms and conditions. If you do not accept the Terms and Conditions stated here, do not use the website.
Definitions
The term ‘James Freeman Gallery’ or ‘us’ or ‘we’ refers to the owner of the website and the supplier of the goods. The terms “you”, “your”, “yourself” and “yours”, when used in these Terms, includes any user of the website, whether such user is a consumer or a business.
By placing your order with James Freeman Gallery you are agreeing to the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not purchase goods from the site.
Consumer Contract
No contract exists between you and us for the sale of any goods until we have received and accepted your order and sent you written confirmation confirming your order to the address or email address you have given. We aim to do this within 72 hours of you submitting your purchase via the website.
Once we have confirmed your order, there is a binding legal contract between us (the “Contract”). Any goods on the same order which we have not conf irmed do not form part of that Contract. In using this website and by placing an order, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
Description and Price of Goods
The description and condition of the items are listed in the descriptions on the website. We try to ensure that all descriptions and images are as accurate as possible. On the rare occasion that there is an error, we will advise you about it as soon as reasonably possible. Please view all images available for each item before purchase. If you require a more detailed report or further photos of any item or if you have any enquiries please contact us.
Prices
The price of the goods you order will be as shown on this website at the time you submit your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, you are free to cancel your order if you wish to do so. If you cancel your order we will refund or credit you for any sum that has been paid by you or debited from your credit card or other account for those goods.
Every effort is made to ensure that prices shown on this website are accurate at the time you place your order. If an error is found, we will inform you within a reasonable amount of time and offer you the option of reconf irming your order at the correct price or cancelling your order.
As a contemporary art gallery, many of the artworks advertised for sale on our website are sold on the Margin Scheme and as such, there is no VAT either to be added nor reclaimed.
For artworks that are not sold on the Margin Scheme and that are VAT applicable, prices are shown with VAT included. The VAT will de deducted at checkout if delivery is to outside the UK.
Please note that if you purchase a VAT-applicable artwork via the website and declare it is for export to a destination outside the United Kingdom but it is subsequently not exported, you will be charged the applicable VAT on the artwork prior to release of the artwork.
The advertised price of the artworks does not include the cost of delivery. If the goods are made available to purchase via the website, the delivery costs will be shown at the Checkout. The cost of delivery will depend on the destination.
Payment & Title
James Freeman Gallery must receive payment in full before items are dispatched. Payment of sales invoices issued by James Freeman Gallery is due on receipt unless otherwise stated. Legal title to the artwork will not pass to you until we have received payment in full.
Delivery & Shipping
Delivery costs shown on the website include packing and shipping to you, and include insurance for loss or damage (limited to a maximum of the amount paid by you in the purchase). Following payment, please allow 15 working days for us to process and ship your order. The above dispatch timeframe applies to works currently held in stock. If a work must be produced or framed to order, then we will advise you of the estimated timeframe prior to purchase. Please note any timeframe provided will be an estimate and is subject to change depending on our suppliers.
Shipping / Collection for Payments by Card over the Internet and Telephone
For purchases paid for by card either over the internet or the telephone, we will only arrange for delivery to the registered cardholder address of the card used for payment, and will not allow for works to be collected by any third parties not authorised or agreed on by us.
If you wish to purchase an item from our website and collect in person from the gallery, please contact the gallery directly to arrange payment. You may be required to show identification on collection prior to the release of goods.
International Shipping
When ordering goods for delivery overseas you may be subject to import duties and taxes, which are charged once the shipment reaches its destination country. These charges must be paid by you. We have no control over these charges and cannot estimate what the cost will be as customs policies and import duties vary widely between countries. We suggest that you contact your local customs office for current charges before you order to avoid any unexpected charges.
Shipping Times
Shipping usually takes between 2 – 5 days from dispatch for UK deliveries, and 1 – 2 weeks from dispatch for international deliveries. If we are arranging delivery to you using a specialist courier, then the delivery time will depend on their schedule.
We cannot accept responsibility for delays in delivery times that are caused by external inf luences such as national and international public holidays, postal strikes or adverse weather conditions. James Freeman Gallery will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. We will inform you of any delay as soon as possible.
Cancellation & Returns Policy
Under the terms of the UK Consumer Contracts Regulations, UK purchasers have the right to cancel any order made through our website up to 14 days after it has been delivered to you. If you cancel a purchase concluded exclusively at a distance, we will reimburse to you all payments received from you, excluding the costs of delivery incurred by us and the card processing fees incurred by us in the initial transaction (1.4% of the total for European cards, or 2.9% of the total for international cards).
Unsuitable goods must be returned to our address within 14 days of your receipt and received by us in their original condition and fit for re-sale. You are responsible for ensuring goods are suitably packaged for safe return and liable for the cost of the return delivery. No responsibility can be accepted by James Freeman Gallery for return goods which are lost or damaged in transit. We may make a deduction from the reimbursement for loss in value of the artwork if the loss is the result of unnecessary handling either by you or your chosen method of return transport. We will refund you not later than 14 days after the day we receive the artwork back from you.
If you have received an item in error or an item is damaged or defective please contact us as soon as possible with the details so that we may advise you of the appropriate return procedure. Damaged or defective goods must be photographed immediately, showing the original packaging, and then returned promptly.
We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you fail to return the goods. Subject to the above conditions being met, a full refund shall be issued for returned goods (excluding the cost of any delivery or shipping, card processing fees, and/or loss in value as described above) as soon as possible and in any event within 14 days of the goods being received by us.
Limitation of Liability
Any claim against us must be brought within a period of 5 years from the date of the invoice for the artwork or, if we have been guilty of any fraud or deliberately concealed a relevant fact in relation to the artwork, within 5 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods. We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.
These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.