Ebbtidegallery.co.uk and Ebbtide Gallery

 

Terms and Conditions of Sale

 

The following conditions apply to the purchase of any work of art displayed on the Web Site (ebbtidegallery.co.uk and any sub domains) and the ‘Work(s) of Art’) when the sale is facilitated by Ebbtide Gallery

 

Art Work Owned by Ebbtide gallery for sale.

 

1.       Artworks we own and have in stock will clearly be displayed on the listing.

 

 

2.       Size of Images All sizes of images are rounded up to the nearest Centimetre, exact sizes are available on request.

 

 

3.       Once payment has cleared the art work will be delivered by the stated method.

 

 

4.       Money Back Guarantee If you are not satisfied with your purchase, Ebbtide Gallery will refund your monies less the carriage both ways, the product must come back within 14 days from the date of receipt and must be sent back in the same condition via our approved courier so that the work is fully insured.

 

 

5.       Delivery The Delivery of your Painting will be arranged as soon as full payment has been received by us, if payment is by credit and debit card this will be as soon as the payment has been authorised. All cheques and bankers drafts will need to be cleared prior to despatch, as well as telegraphic transfers. A delivery charge is included in the final price with further delivery options available prior to checkout.

 

 

6.       Damages Refunds will be made for items that are lost or damaged in transit; however we need to be advised within 24 hours of the item arriving if it is damaged. Please keep the original packing as the courier company may well need sight of it. If you have any doubts about the condition when you receive it sign it as unchecked.

 

 

7.       Copyright, All copyright of text, designs, images are the property of ebbtide gallery any infringement will be pursued vigorously. Artists own the individual copyrights to their works, they may not be reproduced in any form without prior written consent.

 

 

 

Art for sale by commission on behalf of an artist

1. Commission artwork is clearly displayed in the art description

 

2. Payment is made to ebbtide gallery and the order communicated to the originating artist. The artist will ship the purchased artwork directly from their studio. The artist is responsible for postage and packing costs.

 

3. Returns in original condition must be made within 14 days to the artist and ebbtide gallery informed of this immediately. Returns are made at the purchasers cost both original postage charges and return charges.

 

4. Damaged goods, Both ebbtide and the original artist must be informed of damages goods within 24 hours. The original packaging must be kept. The artist will  envoke any postage guarantees and or insurance if applicable.

 

5. The Artist

5.1 All dealings are subject to the consent of the Artist.

 

5.2 The artist warrants that he/she created and possesses unencumbered title to

all Work(s) of Art under the Terms and Conditions of Sale. Title to the

Work(s) of Art will transfer to you upon possession.

 

5.3 Unless otherwise specifically indicated, the Work(s) of Art are originals,

executed by the Artist and are certified to be free from all defects due to

faulty craftsmanship or faulty materials for a period of twelve months from the

date of sale by the Artist.

 

5.4 If flaws should appear during this period and be due to such causes, the

Work(s) of Art shall be subject to repair or replacement, at the option of the

artist. You are cautioned, however, that the Artist cannot be responsible for

fading, cracking, and other damage to these works caused by improvident

exposure to sunlight and weather.

 

6. The Gallery

6.1 The Gallery's relationship to the Artist is as advertiser for the purpose of

selling artwork consigned to the Gallery.

 

6.2 After the ten (10) day approval period, you accept the underlying artwork,

Relieving the Gallery of all responsibility. The Artist(s)’ contact details will be

provided to you at the time of purchase. Any future claims due to

undiscovered faults, hidden defects or questions of authenticity lie solely

between the artist and you.

 

6.3 The Gallery reserves the right to refuse service to anyone at any time.

 

7. Transactions

The Gallery operates on a first-come basis, with all orders for Work(s) of Art to be sent via the

Website. The customer, who notifies the Gallery of an intention to buy a particular Work(s) of

Art, shall have first rights to purchase. In the event that two or more customers have interest

in the same Work(s) of Art, determination of which customer came first will be determined by

the time and date of the order.

 

8. Dispute Resolution

If any dispute arises between you and/or the Gallery and/or the Artist you agree to attempt to

settle it by negotiation. A party may not serve an ADR notice or commence court

proceedings/an arbitration until 21 days after it has made a written offer to the other party(ies)

to negotiate a settlement to the dispute.

 

9. Copyright in the Work(s) of Art and in the Web Site

9.1

(a) The Artist reserves all rights protected under English copyright

legislation in all Work(s) of Art purchased by you.

 

(b) The sale of the underlying work does not include the sale of rights to

reproduction in any form unless specifically granted in writing by the

artist. Copyright sales are wholly the Artist’s privilege and an entirely

separate transaction and not part of the underlying sale of the

Work(s) of Art.

 

9.2

(a) All intellectual property contained on the Website including design,

text, graphics, the selection and arrangement thereof, and all

software compilations, underlying source code, software and all

other material on this Website are to remain the property of or are

licensed to the Gallery.

 

(b) Images of the Work(s) of Art are scanned by permission granted by

the Artist to the Gallery for the purposes of advertisement for sale.

These images may only be copied or saved, or otherwise

reproduced, from the Gallery’s website for your consideration to

purchase. Copying, saving or otherwise reproducing these images

for any other purpose is strictly prohibited.

 

10. Governing Law

10.1 The contract will be deemed to be formed in England and shall be

interpreted, construed and enforced in all respects in accordance with the

laws of England.

10.2 You agree to irrevocably submit to the exclusive jurisdiction of the English

Courts.

11. Notice

Ebbtide gallery reserves the right to revise the Terms and Conditions of Sale.

Revisions will be dated and supersede previous Terms and Conditions of Sale.