Terms & Conditions of Sale
These are the terms and conditions on which we supply our products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any queries at all regarding these terms, or your order, please contact us to discuss.
Information about us and how to contact us…
We are Academy Fine Paintings Limited, a company registered in England and Wales. We can always be reached by telephone or email via the Contact page. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our contract with you…
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the art in question. This might be because the piece of art is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the piece of art or because we are unable to meet a delivery deadline you have specified. We will happily sell products to most countries throughout the world. If you wish to purchase a piece of art displayed on our website and you are outside of the UK, please do get in contact and we will be more than happy to discuss how we may be able to help.
Products may vary slightly from their pictures. The images of the art on our website are for illustrative purposes only. As we are sure you can appreciate, how a piece of art appears depends on an almost infinite number of factors, including light conditions, location and surroundings. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the art on sale. As such, the piece of art you have ordered may vary from those images. If you have any concerns at all regarding the appearance of the art, please do get in contact and we can arrange for further photographs to be provided to you. We do our best to provide accurate measurements, including weight if necessary, of the art available on the website but we cannot guarantee that they will be completely accurate. If you require additional measurements please do contact us and we will happily assist.
Providing the products…
The costs of delivery will be confirmed upon confirmation of an order. During the order process we will let you know when we will deliver your art to you. We will try so far as we are able to arrange for delivery at a time, date, and location that is acceptable to you. In any event, unless you or we specify otherwise delivery will take place within 30 days after the day on which we accept your order. We are not responsible for delays outside our control. If our supply of the art is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any art you have paid for but not received. If you have asked to collect your art from our premises, you can collect them from us. If you do wish to collect them from us please do contact us so that we can arrange for your art to be ready for collection on the day you wish to collect it. If you don’t contact us then we cannot guarantee that your art will be available when you visit. If no one is available at your address to take delivery, we, or our courier, will leave you a note informing you of how to rearrange delivery or collect the art in person from us. If you do not collect your art from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. The art you have ordered will be your responsibility from the time we deliver it to the address you gave us or you collect it from us. We will use our best endeavours to package the art to minimise the risk of damage in transit but we will not be liable for any damage that may arise once the art is in your possession. You will own the art you have ordered once we have received payment in full.
Your rights to end the contract…
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
– if what you have bought is faulty or misdescribed you may have a legal right to end the contract.
– if you want to end the contract because of something we have done or have told you we are going to do (see below).
– if you have just changed your mind about the art (see below).
You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any art which have not been provided and you may also be entitled to compensation. The reasons are:
– we have told you about an error in the price or description of the artwork you have ordered and you do not wish to proceed.
– there is a risk that supply of the piece of art may be significantly delayed because of events outside our control.
– there is the risk that the piece of art may no longer be available if it has already been sold in a gallery and we have not yet been able to mark it as having been sold on our website.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives your artwork.
How to end the contract with us (including if you have changed your mind). Tell us you want to end the contract. To end the contract with us, please let us know by email or phone. Please provide your name, home address, details of the order and, where available, your phone number and email address. By post. Simply write to us at the address (above) including details of what you bought, when you ordered or received it and your name and address. Returning the art after ending the contract. If you end the contract for any reason after your art has been dispatched to you or you have received it, you must return it to us. We will arrange for it to be collected from you by one of our couriers. When we will pay the costs of return. We will only pay the costs of return if the art is damaged, faulty or has been misdescribed.
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the art, minus all delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. If you are exercising your right to change your mind:
We may reduce your refund of the price (in addition to delivery costs) to reflect any reduction in the value of the art, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the art and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the art back from you or, if earlier, the day on which you provide us with evidence that you have sent the art back to us.
Our rights to end the contract…
We may end the contract if you break it. We may end the contract for a piece of art at any time by writing to you if you do not, within a reasonable time, allow us to deliver the art to you or you do not collect it from us;
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for the art we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the artwork…
How to tell us about problems. If you have any questions or complaints about the art, please email or call us via the Contact page.
Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the art we supply. Nothing in these terms will affect your legal rights.
Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. As your artwork is classed as goods, the Consumer Rights Act 2015 says those goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
– up to 30 days: if your goods are faulty, then you can get an immediate refund.
– up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
– up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
Price and payment…
Where to find the price for the art. The price of the art (which includes VAT) is always provided in each painting’s listing page. We take all reasonable care to ensure that the price of the art advised to you is correct.
What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the artwork we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the artwork’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the artwork’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any art provided to you.
When you must pay and how you must pay. We accept payment via Debit Card, Credit Card, PayPal and by BACS transfer. Any charges made by the bank for processing cheques and international bank transfers will however pass on to you. You must pay for the art before we dispatch it. We dispatch the art to you only when full payment has cleared our account.
Our responsibility for loss or damage suffered by you…
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the art as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987. We are not liable for business losses. We only supply artwork for domestic and private use. If you use the art for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information…
To supply the art to you. To process your payment for the art, and if you agreed to this during the order process, to give you information about similar artwork, exhibitions and events that we provide, but you may stop receiving this at any time by contacting us. We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms…
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 6.4 to a person who has acquired the artwork. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the art, we can still require you to make the payment at a later date. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the art in the English courts. If you live in Scotland you can bring legal proceedings in respect of the art in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the art in either the Northern Irish or the English courts.