Terms and Conditions / Neon Gallery
Last updated: February 04, 2021
- These Terms and Conditions apply the use of the Neon Gallery website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between Neon Gallery, referred to as “(the gallery) and can only be varied if agreed between us “the gallery” in writing. Any special conditions which apply will be set out in the Order Confirmation.
- Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
- From time to time we (the gallery) may change these Terms and Conditions and it is your, referred from now on to as “the customer” responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you (the customer) print these terms as soon as you have placed your order.
- Responsibility for Sales and Artwork - We are a online venue which enables you to buy unique artwork from Artists, using the Website which is owned and operated by us, Neon Gallery Limited. As a venue we bring together Artists and Buyers who buy and sell unique artwork using our Website and advisory services which means in some cases that you are not buying anything (the art) directly from us. These Terms and Conditions incorporate all of the policies on the Website.
- Details of the Artwork for sale are displayed on the Website and primarily provided by Artists who understand that they must comply with the law and provide details about the Artwork, but if you need any other information or you have any queries you can contact us by email or phone prior to completing the order.
- Any quotes will be valid for a period of 7 days unless otherwise specified in writing. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.
- You can place an order for an Artist artwork by following the Website guidance. Artists reserve the right not to accept orders for any reason.
- Once your order has been accepted you will be provided with an Order Confirmation email.
- Details of the Artwork which we will be supplied supply to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included.
- In the event an If an Artist is unable to supply any Artwork, or an artwork has been sold before you placed the order then we will, at our sole discretion, either (a) Offer an alternative OR Cancel the order, and you will be provided with a full refund within 30 days.
- Commissions – the Artist will agree a price for a commission, based on your requirements, 50% of the agreed price is payable once an order is placed by you. You will then be sent images for approval. Once you approve an image then you are not able to cancel a commission. You can approve images by contacting the Gallery directly using the email@example.com
- There are no returns and/or refunds on commission for bespoke artworks that have been created under your guidelines.
- Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
- The price of the Artwork, which includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase. The price that you will pay will be confirmed in the Order Confirmation and the Gallery will supply you with your invoice. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.
- Delivery cost are calculated upon the location of the artwork and the final delivery address confirmed by the customer.
- An additional charge will be made for anything other than standard delivery and for International Deliveries (i.e., non-UK addresses), according to the address, size and weight of the Artwork.
- Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order. This is to say that additional information for payment may be asked of a customer to complete a transaction.
- The Gallery may be able to agree to reserve Artwork for you, if, for example, you are moving home. If we do agree then it is on the following basis (a) You must pay a non-refundable 10% deposit to reserve the Artwork OR (b) The balance payment (90%) is due within 30 days of the date your deposit is paid.
- If you do not pay the balance payment when it is due then the Artwork will no longer be reserved for you, may be offered for sale to someone else and your deposit will not be refunded.
- Once you have placed an order you are responsible for payment, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment. If payment is not received when it is due then The Gallery reserves the right to charge up to 15% interest for each month (or part thereof) that payment, or any part of it, remains unpaid until full cleared payment is received and are also entitled to recover all reasonable expenses incurred in obtaining payment from you, where any payment or part payment due to us is late.
- Delivery may be arranged by The Gallery to the address, as provided by you on the Order Confirmation.
- Delivery times are estimates and not guaranteed.
- Multiple pieces of Artwork may be despatched individually.
- The Gallery may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, contact us on firstname.lastname@example.org to discuss all delivery related matters. However, sometimes these options may be limited because of the type of Artwork or the country you want the Artwork to be shipped to. If you have any queries about shipping please contact the Gallery Artist directly on email@example.com
- Other than for Commissions or Made to Order Artwork, unless the applicable listing or Order Confirmation says otherwise, The Gallery aim to dispatch the Artwork(s) to you within 30 days of the date of accepting your order to comply with the law. If there is going to be a delay The Gallery will let you know by email.
- However, despatch and delivery times are only estimates and neither The Gallery, nor the Artists, are responsible for late delivery or unavailability of Artwork.
- For Commissions or Made to Order Artwork the Gallery aims to provide you with estimated delivery dates within 7 days of the date of your order and aims to deliver within 30 days of the date of your order (most commissions are 6-8 weeks – and all are different based on artist schedule – a timing quote will be given with price quote).
- If the Gallery is unable to deliver within 30 days (the quoted time given) of the date of your order then they will, at their discretion, either (i) provide you with a revised delivery date OR (ii) cancel your order and refund payment made by you.
- If for some reason the Gallery is unable to dispatch the exact Artwork you have ordered, then the Gallery will either refund the price paid for that item or will email you and offer you an alternative item.
- You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.
- Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
- Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received.
- When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you email us at firstname.lastname@example.org (we also recommend taking images and video of the packaging and the artwork when received).
- The Gallery, its various platforms and Website brings together Buyers and Artists from around the world. This applies if you are buying from an Artist who is located in a country which is either not your country of residence and/or where you want your Artwork to be shipped – we refer to this as international sales.
- Our prices are displayed in British pounds (GBP) and so you will be paying using GBP.
- Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
- Since the various platforms and Website brings together Buyers and Artists from around the world, delivery of Artwork to an international address (one which is located in a different country to the one in which the Artist is based in) is at your own expense and risk and so we always advise that you to check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
- You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
- In addition to the actual purchase price of the Artwork, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
- This means that the Gallery will not be responsible for any costs incurred as a result of any delivery of Artwork to you.
- With all international sales we also recommend that you - check the following i) unit of weights and measurements used (for example imperial inches or metric centimetres); ii) remember to allow extra time for delivery of your Artwork
- If you have any queries about the Artwork or shipping and delivery, please contact the gallery directly using the details they provide on the Website – they will be happy to deal with any questions you have.
- Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Gallery having obtained at your own cost insurance and crated the artwork in an appropriate manner, to obtain a refund. The gallery is committed to ensuring that they abide by your rights. For any questions please do contact us on email@example.com
- Please note that these cancellation rights do not apply to any Made to Order Artwork, such as commission and bespoke artwork.
- There are no refunds, returns or cancellations for discounted artworks of any kind.
- If you would like to return your order, please confirm this in writing by contacting the Gallery at firstname.lastname@example.org . Within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us and provide you with a Cancellation Form if you would like to use it or we may also wish to assist by arranging collection of the Artwork from you.
- In the event that you have cancelled your order in in writing, items can be returned to the Gallery, although we do advise you to contact us first, before simply returning an item so that we can help you to return the Artwork.
- Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to the gallery using the postal address as provided on the invoice unless the Gallery has specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending.
- Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item to the Gallery.
- We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label we send to you via email on behalf of the Gallery and attach to the parcel.
- The law enables the gallery to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”. A standard condition report will be made up receiving the artwork.
- Unless you have lost the right to cancel, when you cancel an order for Artwork we will refund the amount you paid for the Artwork only. You, the customer, are responsible to pay the cost of shipping an artwork back to the gallery if you have decided to cancel the order within the 14-day period. There are no refunds on shipping costs when you cancel an order.
- Where you cancel an order for Artwork then we will refund you within 14 days of the date we receive the Artwork and the artwork has been returned in good condition, or in the same condition as the condition report that was sent with the artwork.
- Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
- Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you contact the Gallery directly at email@example.com within 24 hours of taking delivery.
- Consumers may have a right to reject some faulty Artwork but this right is limited to 7 days from the date you have received the Artwork and a faulty claim must submitted in written format to the gallery upon receipt of the artwork on the date of delivery. We suggest for ease of process that you take images of the packaging and the artwork immediately after receiving the artwork and sending a damage claim within 24 hours of accepting the delivery.
- Depending on the problem with your order we will advise you whether
(a) You should send photos of the damage Artwork and packaging and retain the artwork as you are advised should the courier, should the Gallery or its representatives wish to inspect it and/or
(b) On behalf of the Artist we will make arrangements for a carrier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am - 7pm OR ask you to return the Artwork to us.
(d) You should retain the Artwork and all original packaging for 30 days so that it can be inspected
58. In the event that you decided to return any Artwork you are responsible for the following: the repackage of the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach it to the parcel.
59. Within 14 days of receipt of the faulty Artwork we/the Artist will either
(a) repair the Artwork OR
(b) provide a replacement OR
(c) provide a refund, to include any standard delivery charges you paid when you placed your order and your
60. Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
61. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
62. We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
63. Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork. Please see clause 11 of the Website Terms.
64. You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.