This page (together with any documents referred to on it) tell you the terms and conditions on which the Montague Gallery supply any of the products (Products) listed on our website www.montaguegallery.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
The Montague Gallery website is a multi-Montague Gallery marketplace. It sells on behalf of other artists and for Montague Gallery to take commissions from the artists. Our terms and conditions are applicable to all our artists/Montague Gallery.
The Montague Gallery website provides a Click and Collect service. Delivery can be arranged on an individual agreement. Provision is made on the Product for such agreement.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) If ordering for delivery to an address in the UK or one of the European countries you agree to the individual agreement
After placing an order, you will receive an e-mail from Montague Gallery acknowledging that the Montague Gallery has received your order. This email acknowledgement will contain the days and times when the product will be available for collection.
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8).
To cancel a Contract, you must inform the Montague Gallery in writing. You must also return the Product(s) to the Montague Gallery immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, the Montague Gallery may have a right of action against you for compensation.
Your order will be fulfilled on the collection date set out in the acknowledgement email.
In the event of delivery your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.
The Products will be at your risk from the time of collection/delivery.
Ownership of the Products will only pass to you when the Montague Gallery receive full payment of all sums due in respect of the Products, including delivery charges if applicable.
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs which will be added to the total amount due as set out in our individual agreement.
Prices are liable to change at any time, but changes will not affect orders in respect of which the Montague Gallery have already sent you a Despatch Confirmation.
Our site contains many Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. The Montague Gallery will normally verify prices as part of our collection procedure so that, where a Product’s correct price is less than our stated price, the Montague Gallery will charge the lower amount when handing over the Product to you. If a Product’s correct price is higher than the price stated on our site, the Montague Gallery will normally, at their discretion, either contact you for instructions before arranging the collection of the Product.
The Montague Gallery are under no obligation to provide the Product to you at the incorrect (lower) price, even after the Montague Gallery have sent you an acknowledgement, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
When you return a Product to the Montague Gallery:
(a) because you have cancelled the Contract between you and the Montague Gallery within the seven-day cooling-off period (see clause 4 (above), the Montague Gallery will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, the Montague Gallery will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to the Montague Gallery.
(b) for any other reason (for instance, because you have notified the Montague Gallery in accordance with section 4 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), the Montague Gallery will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. The Montague Gallery will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day the Montague Gallery confirmed to you via e-mail that you are entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to the Montague Gallery.
The Montague Gallery will usually refund any money received from you the using the same method originally used by you to pay for your purchase.
The Montague Gallery warrant to you that any Product purchased from the Montague Gallery through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of the Montague Gallery breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of the Montague Gallery breaking the agreement. Losses are foreseeable where they could be contemplated by you and the Montague Gallery at the time your order is accepted by the Montague Gallery.
This does not include or limit in any way our liability:
(A) For death or personal injury caused by our negligence.
(B) Under section 2(3) of the Consumer Protection Act 1987.
(C) For fraud or fraudulent misrepresentation; or
(D) For any matter for which it would be illegal for the Montague Gallery to exclude, or attempt to exclude, our liability.
The Montague Gallery are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and the Montague Gallery, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
Provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause (A) through (D) or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause.
The Montague Gallery give no guarantee over the representation of colour swatches on this site. The Montague Gallery accept no liability for any resulting loss or damage, not limited to but including categories (a) to (f).
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Montague Gallery have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. the Montague Gallery will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications the Montague Gallery send to you should be in writing. When using our site, you accept that communication with the Montague Gallery will be mainly electronic. the Montague Gallery will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Montague Gallery provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the Montague Gallery must be given to Montague Gallery. The Montague Gallery may give notice to you at either the e-mail or postal address you provide to the Montague Gallery when placing an order. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and the Montague Gallery is binding on you and the Montague Gallery and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
The Montague Gallery may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
The Montague Gallery 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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Montague Gallery will have an extension of time for performance for the duration of that period. the Montague Gallery will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If the Montague Gallery fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if the Montague Gallery fail to exercise any of the rights or remedies to which the Montague Gallery are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by the Montague Gallery of any default shall not constitute a waiver of any subsequent default.
No waiver by the Montague Gallery of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between the Montague Gallery in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between the Montague Gallery, whether oral or in writing.
The Montague Gallery each acknowledge that, in entering into a Contract, neither of the Montague Gallery has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the Montague Gallery prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
The Montague Gallery have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from the Montague Gallery, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Montague Gallery notify you of the change to those policies or these terms and conditions before the Montague Gallery send you the Dispatch Confirmation (in which case the Montague Gallery have the right to assume that you have accepted the change to the terms and conditions, unless you notify the Montague Gallery to the contrary within seven working days of receipt by you of the Products).
Under the Offensive Weapons Act, it is an offence to sell knives, knife blades or any other product that may be perceived as an offensive weapon to persons under the age of 18. These products are only available for customers aged 18 or over. Customers should not order these items for persons under 18. By placing an order on our website, you agree to our terms and conditions of sale and hence confirm that you are over 18 years of age and can legally purchase products covered by the Offensive Weapons Act.
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