Exhibition Artwork Sales Terms and Conditions
CONTRACT FORMATION
1. These terms and conditions of sale (“Terms”) apply to the sale of all goods either online or in a gallery between the Federation of British Artists (trading as ‘Mall Galleries’) and whose principal place of business is at 17 Carlton House Terrace, London SW1Y 5BD England, United Kingdom (“we/us”) and any visitors (“you”) to the website at www.mallgalleries.org.uk (“Site”) and to an exhibition at Mall Galleries or an exhibition organised by the Federation of British Artists.
2. We may contract with you either as the agent of the relevant artist(s) or as principal if we are the seller. No contract shall exist between you and us for the sale of any goods until we acknowledge your Order, confirm the availability, and accept your order. These Terms represent the entire agreement between us.
3. By placing an order for any goods with age restrictions, you declare that you are eighteen or over to purchase the goods.
4. The price and description of the goods are displayed on our Site and in the galleries. Such information is subject to change without notice.
5. Subject to clauses 2 and 6, the price you shall pay for the goods is displayed on our Site and in the galleries when we receive your order. The goods’ price includes VAT if the artist is registered for VAT or if we contract with you as principal. Upon acceptance of your order, you may pay by credit/debit card, bank transfer, PayPal or by visiting us in person at the above address.
6. If an error is discovered in the price of the goods you ordered, we will inform you as soon as possible. If you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or, if you so choose, to cancel the order altogether. If you cancel, we shall refund the total amount in accordance with these Terms.
7. COLLECTION OR DELIVERY OF THE GOODS
i. For Online only exhibitions
Artworks will be sent directly from the artist to the purchaser. The purchaser is responsible for arranging artwork transportation through a recommended art courier. Mall Galleries will support and facilitate transportation quotes and provide artwork locations where required. Please contact info@mallgalleries.com or telephone 020 7930 6844 during office hours, Monday to Friday, 9.30 am to 5.30 pm.
ii. For Exhibitions staged at Mall Galleries or another location
Artwork collection can only take place after the close of the exhibition. The earliest date for collection is provided with your receipt. The collection is your responsibility - we do not deliver or are responsible for delivering any goods purchased. However, we can advise on suitable couriers or shippers if you cannot arrange in-person collection. Shipping is not included in the artwork’s price and will be an extra cost.
If the goods are not collected by you, or on your behalf, within two weeks of the official collection date (the first Thursday after an exhibition closes), you will be deemed to have received the goods or have agreed to these Terms and Conditions. Please note that returns or cancellations will not be accepted past the official collection date.
iii. Purchases through the Own Art Scheme
Own Art is a national initiative that makes buying contemporary art and craft affordable by providing interest-free credit for purchasing original work. Every purchase made using the scheme requires a 10% refundable deposit for a purchase up to £2,500. Any purchase over £2,500 is subject to approval by Novuna. Payment is collected from the first official collection date of any FBA exhibition. The Mall Galleries team is responsible for providing the official collection date when sending the invoice and payment confirmation.
8. We endeavour to ensure that all items shown on the Site are accurately represented. There may, however, be some slight variations (and this should be expected) between what you see and what you receive in any order, which you agree to accept, provided the variations are not substantial. We may correct any typographical or other errors or omissions in any catalogue, sales literature, quotation or other document relating to the sale of the goods without any liability to you.
9. Neither we nor our employees or agents are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any work nor for any other errors of description or any faults or defects in any work.
10. We will take all reasonable precautions to keep the details of your order and payment secure by using a third-party payment provider that uses industry-standard Secure Sockets Layer (SSL) encryption technology, making our pages secure. Accordingly, unless we are negligent, we cannot be held liable for any losses caused by unauthorised access to your information on our Site or our payment provider.
Federation of British Artists 17 Carlton House Terrace, London SW1Y 5BD 020 7930 6844 mallgalleries.org.uk
Reg. Charity No: 200048 Company No: 683275 VAT No: 240 4847 72
11. The price of the goods is payable in full or through our Own Art scheme at the point of sale or before collection for those artworks exhibited at Mall Galleries SW1.
12. Payment receipts are automated following purchases made online from the Site. If the goods are not paid for in full or by the Own Art Scheme, on or before collection, they shall remain the property of the artist until payment is received from you.
AVAILABILITY
13. All goods are subject to availability. Any order placed for goods shall constitute a reservation only of the item until we have had an opportunity to verify its availability and notify you by email that your order is confirmed. We will take all reasonable steps to comply with Anti Money Laundering procedures as legally required.
14. If the goods have been fully paid for, you will become the owner when collected at Mall Galleries or by courier. Risk of loss or damage to the goods passes to you upon collection.
RIGHT TO CANCEL
15. You may cancel an order for goods within fourteen working days, beginning from the official starting day of collection.
16. If you cancel an order within this timeframe, you should notify us in writing at the email address in clause 1 or by using the cancellation form set out in the Schedule and sending it to us. You will be responsible for the cost of returning the goods.
17. When returning goods, you must ensure that the goods are not damaged, either in your possession or in transit. We reserve the right to deduct a charge to put the item back into the condition in which it was sold, where it has been damaged or shows signs of wear and tear and/or refuse the cancellation.
i. For Online Only Exhibitions
Goods should be returned to artists at your cost. Mall Galleries can support and facilitate transportation quotes and provide artwork locations where required. Please contact info@mallgalleries.com or telephone 020 7930 6844 during office hours, per clause 7i.
ii. For all other Exhibitions
Goods should be returned to Mall Galleries address, 17 Carlton House Terrace, London, SW1Y 5BD.
18. You must return the goods within three working days of cancellation and at your own expense. We shall provide a full refund for goods paid in full (for Own Art, refer to clause 7ii) that are returned or cancelled in accordance with these Terms. The refund will be executed as soon as possible and, in any event, within a period not exceeding fourteen days of receiving the goods back. Any other refund not satisfying the above conditions will only be made at our discretion.
Your statutory rights are not affected. Please see the Schedule for our cancellation form, which should be filled out to cancel your order (although it is not essential to use our form).
WARRANTIES
19. The goods are warranted free from defects in material and workmanship for [fourteen days] from delivery. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect your rights as a consumer.
20. If the goods supplied to you develop a defect while under warranty, or you have any other complaint about the goods, please email us at the address given above.
YOUR DETAILS
21. We will hold the personal information you give us when placing your order in accordance with all current data protection legislation and in accordance with our privacy policy.
22. Sometimes, we work with external suppliers to provide certain services, such as payment processing. All data is transferred securely, and all external suppliers have signed data processing and confidentiality agreements with us.
23. We will never sell, rent or exchange your details with any third parties outside Mall Galleries / Federation of British Artists.
24. From time to time, we would like to contact you with details of, and invitations to, events and exhibitions at Mall Galleries and send you other FBA and Mall Galleries marketing and fundraising materials. You can opt out or update your consent to receive these communications by emailing admin@mallgalleries.com or writing to us at the Federation of British Artists, 17 Carlton House Terrace, London
SW1Y 5BD. You can also opt out from all future emails via the unsubscribe link at the bottom of all our emails.
25. You are responsible for informing us of changes to your personal details. You may also instruct us to provide you with any personal information we hold about you by making a Subject Access Request. Such requests have to be made in writing. To make a request contact us at admin@mallgalleries.com or by post to the Federation of British Artists at the above address.
LIABILITY
26. If either you or we are in breach of these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach and shall not, in any event, include losses related to any business of yours such as lost data, lost profits or business interruption.
27. The entire liability of either you or us regarding any claim in connection with these Terms shall not exceed the price paid for the goods in question.
FORCE MAJEURE
28. We shall not be liable to you for any failure to deliver the goods you ordered or any delay, damage or defect to the goods collected caused by any event or circumstance beyond our reasonable control.
GOVERNING LAW
29. English law applies to these terms and conditions and any sale of goods to which they apply, and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.