Terms & Conditions
ABOUT US
orielglasfryn.com is a website owned by Oriel Glasfryn Gallery Ltd. We are a company registered in England and Wales no. 11937890 and our registered address is: Oriel Glasfryn Gallery, Glasfryn Hall, South Street, Caerwys, Flintshire, Wales, CH7 5AF.
GENERAL TERMS RELATING TO THE USE OF THIS WEBSITE
Every effort is made to ensure that this website is free from viruses and defects however, this cannot be guaranteed. Oriel Glasfryn Gallery shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.
All rights, including copyright, for this website, are owned by or licensed to Oriel Glasfryn Gallery.
Any use of this website, its images or content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Oriel Glasfryn Gallery.
The contents of this website and any contract resulting from its use are governed by and construed in accordance with English Law.
TERMS AND CONDITIONS RELATING TO SALES
1. Contract Formation
1.1 These terms and conditions apply to the sale of all artworks by Oriel Glasfryn Gallery (“We/Us/Our”) to any individuals (“You/Your”) either in person at the gallery or via Our website at orielglasfryngallery (“Site”)
1.2 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 artworks until We acknowledge Your order, confirm the availability, and accept Your order. These Terms represent the entire agreement between Us.
1.3 By placing an order for any artworks with age restrictions, You declare that You are eighteen or over and are legally able to purchase the artworks.
1.4 The price and description of the artworks are displayed on Our Site and in the gallery. Such information is subject to change without notice.
1.5 Subject to clauses 1.2 and 1.6, the price You shall pay for the artworks is displayed on Our Site and in the gallery when We receive Your order. The artworks’ price includes VAT if the artist is registered for VAT or if We contract with You as principal (We are registered for VAT no. 466 0312 10). Upon acceptance of Your order, You may pay by credit/debit card, bank transfer, PayPal or by cash if visiting Us in person at the gallery.
1.6 If an error is discovered in the price of the artworks You ordered, We will inform You as soon as possible. If You order an artwork and the price published on the Site or in the gallery is incorrect for any reason, We will advise you of the correct price and ask You whether You still wish Us to fulfil Your order/ purchase at this price. We shall be under no obligation to fulfil an order for artwork 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, including shipping costs, in accordance with these Terms.
2. Collection or Delivery of the Artworks
2.1 Work that is not included in Our special spring, summer or winter exhibitions (generally this means all artwork not listed in the relevant exhibition catalogue) can be taken/ collected as soon as the full purchase price has been paid to Us by You or You have an approved loan via the Own Art scheme (see section 3). Regardless of whether You buy online through Our Site’s shop or in person at the gallery You can choose to have the artwork shipped. This is not included in the artwork’s price unless stated. If You buy online through Our shop the price of shipping will be calculated automatically by the Site before you pay. If You buy in person at the gallery We will provide You with a shipping quote.
2.2. Work that is included in Our special spring, summer or winter exhibitions (generally this means artwork that is listed in the relevant exhibition catalogue) can only be taken/ collected after the close of the exhibition unless an exception has been agreed by Us. The earliest and latest date for collection is provided with Your receipt and We will email You towards the end of the exhibition to remind You when the collection period begins and closes. Collection is Your responsibility. We can arrange for shipping if You cannot collect in-person. Shipping is not included in the artwork’s price and will be an additional cost for which We can provide a quote.
If the artworks are not collected by You, or on Your behalf, by the end of the collection period You will be deemed to have received the artworks and have agreed to these Terms and Conditions. Returns or cancellations will not be accepted after the official collection date.
2.3 Deliveries in the UK will be made by Royal Mail first class tracked, Parcelforce 48 hr Express tracked, or by another reputable international courier company. You can contact us by phone or email to enquire about costs for delivering larger items that are not shown in our online shop and for deliveries to the Scottish Highlands, Isle of Man or Channel Islands and overseas destinations. Unfortunately, due to the cost and complications involved in new GPSR regulations, we can no longer ship to the EU or Northern Ireland.
While we make every effort to package your purchase safely, please be aware that due to the nature of the goods we sell our couriers will not insure deliveries against damage or loss. We therefore recommend that you pay for your purchase with a funding source that will compensate you in the event of such damage or loss (a credit card, PayPal etc.). If you are unable to obtain compensation from your funding source, please contact us to request a refund under the terms of section 8.
3. Purchases Through Own Art
Own Art is a scheme that offers an interest-free loan to help people buy contemporary art and crafts. It is a Creative United initiative operated in partnership with Arts Council of Wales and provides loans from £100 to £2,500 to people who wish to buy a single piece of original art or multiple original artworks by living artists. More information is available here: https://www.orielglasfryn.com/own-art . Applications can be made in person at the gallery, by email or over the phone. Decisions are usually instant. If an in person application is approved, You can take the work(s) away with You, unless the work is included in one of Our special exhibitions (see section 2.2.). If an email or telephone application is approved, We are obliged by Own Art to ship the work to You for security reasons . There will usually be a shipping cost which We will quote to You and this can be added to to the value of the loan.
4. Ownership, Title and Copyright
4.1 Until the artworks are paid for in full by You or through the Own Art scheme the full legal title will remain the property of the artist, or Us if We are acting as the seller rather than agent. Once the artworks have been fully paid for, You will become the owner and the title shall transfer to You as soon as they are collected by You at the gallery or by Our shipping courier. Risk of loss or damage to the artworks passes to You upon collection.
4.2 The copyright in all images and other materials produced for the sale of the artwork is owned by Us or the artist and such images and materials may only be used with Our or their permission. We will have the right to use such images at Our own discretion after the sale of the artwork. For the avoidance of doubt, Your purchase of an artwork does not transfer or assign or licence any copyright or other intellectual property rights to You. During the period in which the artwork is protected by copyright, the copyright remains with the artist (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the artwork (including photographs thereof) or to publish or perform any other act restricted by copyright. If such rights are sought, You should contact the artist.
5. Accuracy of Information
5.1 We endeavour to ensure that all artworks shown on the Site and in the gallery are accurately represented. There may, however, be some slight variations 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 artworks without any liability to You. While every effort has been made to show items accurately on our website, slight variations may occur. All artwork dimensions quoted on the Site or in the gallery are approximate.
5.2 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 artwork nor for any other errors of description or any faults or defects in any artwork.
6. Privacy and Data Protection
We will take all reasonable precautions to keep Your personal information and the details of Your order and payment secure. Our Privacy Statement, which is available to view on Our Site, sets out more information.
7. Availability
All artworks are subject to availability. We are a small team and sometimes Our Site may not have been updated to reflect the fact artworks have been sold in the gallery and are no longer available. Any order placed for artworks shall constitute a reservation only of the artwork until We have had an opportunity to verify its availability.
8. Reserving Artworks, Right to Cancel, Refunds and Returns
8.1 At Our discretion, We will reserve an artwork for You for 24 hours, or a different period agreed by Us. If full payment (or a Collectorplan deposit and application) has not been received by the end of that period the artwork will be released for general sale again
8.2 If You buy from Us online either through Our Site or via an e-invoice, You are entitled under the Consumer Contracts (Distance Selling) Regulations 2000, to cancel Your contract and obtain a refund by giving Us notice before You receive the artworks or within 14 days of receipt of the artworks. If You wish to exercise this right prior to dispatch of artworks please Us at info@orielglasfryn.com or phone Us on 01352 349037 as soon as possible, as artworks are usually dispatched within 24 hours of an order being received.
8.3 If You buy from Us in person at the gallery You can cancel an order and obtain a refund if You return the artworks within 14 days or by the end of the stated collection period if You bought the artwork in one of Our special spring, summer or winter exhibitions (for the avoidance of doubt this means any artwork listed in the relevant exhibition catalogue). You will be responsible for the cost of returning the artworks. Be aware that given the ‘one-off’ nature of most of the artworks We sell it is unlikely that We will be able to replace artworks on a like-for-like basis as an alternative to a refund. However, if it is possible We will offer this option to You
8.4 You must return the artworks within three working days of cancellation. We shall provide a full refund for artworks paid in full that are returned or cancelled in accordance with these terms (artworks purchased via Collectorplan will be refunded in accordance with the scheme’s terms and condition in place at the time). The refund will be executed as soon as possible and, in any event, within a period not exceeding fourteen days of receiving the artworks back. Any other refund not satisfying the above conditions will only be made at Our discretion.
8.5 When returning artworks, You must ensure that they have not been damaged, either in Your possession or in transit to Us. If they are, We reserve the right to deduct a charge to put the artwork back into the condition in which they were sold and/or refuse the cancellation. We strongly advise that You obtain a proof of postage certificate or other means of verifying carriage to Our premises when returning any part of Your order. You will be responsible for all returned artworks until they reach Our premises.
8.6 Postage, packing and insurance incurred in the delivery of the artworks to You are direct costs and cannot be refunded except where an artwork is faulty, clearly not as described or the wrong item has been delivered.
8.7 Refunds will normally be made via the same method of payment used to purchase the artworks.
8.8 Please note that Your right to return artworks does not apply to personalised artworks, special orders (see section 9.) or gift vouchers all of which can only be returned or exchanged if faulty. For hygiene reasons, earrings and other pierced jewellery are also excluded from Our returns policy.
8.9 None of the above will affect Your statutory rights.
8.10 Our returns address is:
Oriel Glasfryn Gallery, Glasfryn Hall, South Street, Caerwys, Flintshire, Wales, CH75AF
9. Commissioned Artwork
9.1 If You order a personally commissioned piece of artwork from one of Our artists and this is arranged and paid for through Us, it will be subject to the same terms as any other purchase except that:
- We will ask the artist to provide a quote, brief and estimated delivery time before You agree to go ahead with the commission and pay
- by their nature, commissioned artworks can be unpredictable to create. We cannot be held liable for any delays in delivery caused by whatever reason. However, We will make every reasonable effort to encourage the artist to supply the artworks or services by the date agreed.
- it will be for the individual artist to determine what level of deposit or full payment is required before they proceed with the commission
- if You need to amend or cancel Your order You may do so within 48 hours of placing the order. If You amend Your order in any way more than 48 hours after You placed it, (unless the artist is satisfied that this is just part of the natural discussion that takes place with the artist as the artwork progresses) We reserve the right to charge You any costs We and/or the artist, have incurred in relation to Your order.
- the artwork cannot be returned after it has been commissioned, unless it is clear that the artist has substantially failed to meet the brief. For example, it is Your responsibility to ensure that the artwork You have ordered will fit into the place You intend to site it.
- commissions are eligible for an Own Art loan. However, specific rules exist which are slightly different to Our normal terms and conditions described above. Further information is available on request
9. Warranties
9.1 The artworks are warranted free from defects in material and workmanship for 14 days from delivery. This warranty does not apply to any defect in the artworks 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.
9.2 If the artworks supplied to You develop a defect while under warranty, or You have any other complaint about the artworks, please email Us at info@orielglasfryn.com.
10. Liability
Our total liability for any claim shall not exceed the price of the goods supplied by Us to You. We shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon Us by statute. We cannot accept any liability for a failure to comply with instructions specifically stated on the Site. We do not limit in any way Our liability for death or personal injury caused by Our negligence or wilful misconduct.
11. Force Majeure
We shall not be liable to You for any failure to deliver the artworks You ordered or any delay, damage or defect to the artworks collected caused by any event or circumstance beyond Our reasonable control.
12. Governing Law
English and Welsh law applies to these terms and conditions and any sale of artworks to which they apply, and You agree to submit to the exclusive jurisdiction of the England and Wales courts in all matters arising from these Terms.
Any other questions?
If you have any questions regarding these terms and conditions please email us at info@orielglasfryn.com