(4)
Limitations of liability
[The information on this website is provided free-of-charge, and]
you acknowledge that it would be unreasonable to hold us liable in
respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website
is correct, we do not warrant its completeness or accuracy; nor do
we commit to ensuring that the website remains available or that the
material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all
representations, warranties and conditions (including, without
limitation, the conditions implied by law of satisfactory quality,
fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent
permitted under applicable law. We will not be liable for any
direct or indirect loss or damage arising under these terms and
conditions or in connection with our website, whether arising in
tort, contract, or otherwise. Without limiting the generality
of the foregoing exclusion, we will not be liable for any loss of
profit, contracts, business, goodwill, data, income, revenue or
anticipated savings arising under terms and conditions or in
connection with our website, whether direct or indirect, and whether
arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or
limit our liability for fraud, for death or personal injury caused
by our negligence, or for any other liability which cannot be
excluded or limited under applicable law.
(7)
Variation
We may revise these terms and conditions from time-to-time. Please
check this page regularly to ensure you are familiar with the
current version.
(8)
Entire agreement
These terms and conditions [, together with our
privacy policy,] constitute the entire agreement between you and us
in relation to your use of our website, and supersede all previous
agreements in respect of your use of this website.
(9)
Law and jurisdiction
This notice will be governed by and construed in
accordance with English law, and any disputes relating to this
notice shall be subject to the exclusive jurisdiction of the courts
of England.
Our VAT number is [793 0844 05]
(11) Our contact
details
The full name of our company is [De Lacey Fine Art]. Our
address is [Empire House, 175 Piccadilly, Mayfair, London, W1J
9TB].
You can contact us by email to
[info@delaceyfineart.co.uk].
These terms are based on
a template
created and distributed
by
www.website-law.co.uk
Sale of Goods
Terms and Conditions
for the Sale of Goods (version 1.0)
You will be asked to expressly agree to these terms and conditions
before ordering Products from this Site. Please read them
carefully. If you do not agree to them, do not order any
Products from this site.
Please note that you may only purchase Products from this site if
you are over 18 and resident in England or Wales.
(1)
Definitions and interpretation
In this Agreement “we” means [De Lacey Fine Art] (and “us”
and “our” shall be construed accordingly); and “you” means the
relevant customer or potential customer as the case may be (and
“your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in
our Second Acknowledgement;
“First Acknowledgement” means the initial automatic email
acknowledgment which we will send to you after receiving your Order;
“Intellectual Property Rights” means all
intellectual property rights wherever in the world arising,
whether registered or unregistered (and including any
application or right of application), including copyright, moral
rights, performers’ rights, performers’ moral rights, know-how,
confidential information, trade secrets, business names and
domain names, trade marks, patents, petty patents, utility
models, design rights, semi-conductor topography rights,
database rights and all rights in the nature of unfair
competition rights or rights to sue for passing off;
“Order” means your order for Products made
via the Site;
“Products” means goods which may be purchased
by you from the Site;
“Second Acknowledgement” means the email
acknowledgment which we will send to you (where appropriate)
confirming acceptance of your Order; and
“Site” means the website at [www.delaceyfineart.co.uk]
or any successor site operated by us from time to time.
(2)
This Agreement
The advertising of Products on the Site
constitutes an “invitation to treat”; and your Order for
Products constitutes a contractual offer. No contract
comes into force between you and us unless and until we accept
your Order.
In order to enter into this Agreement with
us, you will need to take the following steps: “(i) you
must add any the Products you wish to purchase to your shopping
cart, and then proceed to the checkout; (ii) you must then fill
in your details as directed on the Secure form and proceed to
the payment page(iii) Then you must select your preferred method
of payment and enter the details requested confirming your Order
and your consent to the terms of this Agreement; (iv) we will
then send you the First Acknowledgment; and (v) once we have
checked whether we are able to meet your Order, we will either
send you the Second Acknowledgement (at which point this
Agreement will become a binding contract) or we will confirm by
email that we are unable to meet your Order.”]
Please note that we will not file a copy of
this Agreement. We may update the version of this
Agreement on the Site from time to time, and we do not guarantee
that the version you have agreed to will remain accessible.
We therefore recommend that you download, print and retain a
copy of this Agreement for your records.
The only language in which we offer this
Agreement is English.
(3)
About us
Our full name is [De Lacey Fine Art].
Our [office is [Empire House 175 Piccadilly, Mayfair, London,
W1J 9TB] and our] principal trading address is [Empire
House 175 Piccadilly, Mayfair, London, W1J 9TB]. Our email
address is [info@delaceyfineart.co.uk].
[Our VAT number is [793 0844 05]].
(4)
The Products
[Paintings, Prints, Sculptures, Frames,
Watercolours, Oils, Pastels, Drawings, collage, Photographs,
Screenprints, Lithographs, Etchings, Engravings, Woodcuts,
Artwork ]
(5)
Price and payment
[Prices for Products are quoted on the Site.
The Site contains a large number of Products and it is always
possible that some of the Products listed on the Site may be
incorrectly priced. We will verify prices as part of our
sale procedures so that a Product's correct price will be stated
[in the Second Acknowledgement/when you pay for the Product.]
In addition to the price of the Products, you
[will/may] have to pay a delivery charge, which will be as
stated [in the Second Acknowledgement/when you pay for the
Product.]
Payment must be made by [the date(s) set out
in the Second Acknowledgement]. We may withhold the
Products and/or terminate this Agreement if the price is not
received from you in full, on time, in cleared funds.
The prices on the Site include any value
added or sales taxes (where applicable).
Payment for all Products must be made by [[Sec
Pay facility] OR [any method detailed on the Site from time
to time]].
Prices for Products are liable to change at
any time, but changes will not affect Agreements which have come
into force.
(6)
Delivery
[We will arrange for the Products to be
delivered to the address for delivery indicated in your Order.]
[We will use reasonable endeavours to deliver Products on or
before the date for delivery set out in our Second
Acknowledgement or, if no date is set out in our Second
Acknowledgement, within [3] days of the date of our
Second Acknowledgement. However, we cannot guarantee
delivery by the relevant date. We do however guarantee
that unless there are exceptional circumstances all deliveries
of Products will be
dispatched within [30] days of the later of
receipt of payment and the date of our Second Acknowledgement.]
We will only deliver Products within England
and Wales.
(7) Risk and title
The Products will be at your risk from the
time of delivery. Ownership of the Products will only pass
to you after we receive full payment of all sums due in respect
of the Products (including delivery charges).
(8)
Consumer rights
You may cancel this Agreement at any time
within 7 working days after the day you received the Second
Acknowledgement (subject to the limitations set out below).
[You will not have any such right insofar as
this Agreement relates to: (i) the supply of any Products which
constitute audio or video recordings or computer software which
have been unsealed by you; (ii) the supply of Products the price
of which is dependent upon fluctuations in financial markets
which we cannot control; or (iii) the supply of newspapers,
periodicals or magazines.]
If you cancel this Agreement on this basis,
you must inform us in writing and return the Products to us
immediately, in the same condition in which you received them.
Products returned by you within the 7 working day period
referred to above will be refunded in full (including the cost
of sending the Products to you). However, you will be
responsible for paying the cost of returning the Product to us.
If you cancel this Agreement on this basis
and you do not return to the Products to us, we may recover the
Products and charge you for the costs we incur in doing so.
Similarly, if you return the Products at our expense, we may
pass that expense on to you.
(9)
Defective Products
You may also cancel this Agreement if the
Products supplied are defective.
Products returned by you because of a defect
will be refunded in full (including the cost of sending the
Products to you, and the cost of returning the Products to us).
Alternatively, if we and you agree, we may supply you with a
replacement or substitute Product.
(10) Refunds
If you cancel this Agreement and are
entitled to a refund, we will usually refund any money
received from you using the same method originally used by
you to pay for your purchase. We will process the refund due
to you as soon as possible and, in any event, within 30 days
of the day we received your notice of cancellation.
(11)
Warranties
We warrant to you that any Product you
purchase through the Site will be of satisfactory quality.
You warrant to us that: you have full
authority, power and capacity to enter into this Agreement
and that all necessary actions have been taken to enable you
to lawfully enter into this Agreement; you are legally
capable of entering into binding contracts; you are resident
in the England or Wales; you are at least 18 years old; the
information provided in the Order is accurate; and you will
be able to accept delivery of the Products as contemplated
in this Agreement.
Subject to the warranties set out in
above, to the maximum extent permitted by applicable law we
disclaim all warranties with respect to the Products,
whether express or implied.
(12)
Limitations of liability
Nothing in this Agreement shall limit or
exclude your or our liability for: (i) death or personal
injury caused by negligence; (ii) under section 12 of the
Sale of Goods Act 1979, section 2 of the Supply of Goods and
Services Act 1982, or section 2(3) of the Consumer
Protection Act 1987; (iii) for fraud or fraudulent
misrepresentation; or (iv) for any matter for which it would
be illegal for to limit or exclude, or attempt to limit or
exclude, liability.
Subject to this: (i) our liability in
connection with any Product purchased through our site is
strictly limited to the higher of the purchase price of the
relevant Product and the replacement cost of the relevant
Product; (ii) we accept no liability for any loss of income
or revenue, loss of business, loss of profits or contracts,
loss of anticipated savings, loss of data, waste of
management or office time or for any indirect or
consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of
contract or otherwise, even if foreseeable; and (iii) we
will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations
under this Agreement caused by events outside our reasonable
control.
(13)
General terms
Images of Products on the Site are for
illustrative purposes; actual Products may differ from such
images.
We will treat all your personal
information that we collect in connection with your Order in
accordance with the terms of [our Privacy Policy]; use of
our website will be subject to [our Website Terms and
Conditions].
This Agreement may only be varied by an
instrument in writing signed by both you and us. We
may revise these terms from time-to-time, but such revisions
will not affect the terms of any Agreement which we have
entered into with you.
If any provision of this Agreement is
held invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Agreement
shall remain in full force and effect, and such invalid or
unenforceable provisions or portion thereof shall be deemed
omitted.
No waiver of any term, provision, or
condition of this Agreement, whether by conduct or
otherwise, in any one or more instances, will be deemed to
be, or be construed as, a further or continuing waiver of
that term, provision or condition or any other term,
provision or condition of this Agreement.
You may not assign, charge, sub-contract
or otherwise transfer this Agreement, or any of your rights
or obligations arising under this Agreement. Any
attempt by you to do so shall be null and void. We may
assign, charge, sub-contract or otherwise transfer this
Agreement, or any of our rights or obligations arising under
this Agreement, at any time – providing such action does not
serve to reduce the guarantees benefiting you under this
Agreement.
This Agreement is made for the benefit of
the parties to it and is not intended to benefit, or be
enforceable by, any other person. The right of the parties
to terminate, rescind, or agree any amendment, variation,
waiver or settlement under this Agreement is not subject to
the consent of any person who is not a party to this
Agreement.
This Agreement contains the complete
agreement between the parties with respect to the subject
matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written.
This Agreement will be governed by and
interpreted in accordance with the laws of the England, and
the English courts shall have exclusive jurisdiction with
respect to any dispute arising under this Agreement.
These terms are
based on a template
created and
distributed by
www.website-law.co.uk
Website disclaimer (version 2.0)
(1)
Introduction
This disclaimer governs your use of
our website; by using our website, you accept this disclaimer in
full. If you disagree with any part of this disclaimer, do
not use our website.
(2)
Intellectual property rights
Unless otherwise stated, we or our licensors
own the intellectual property rights in the website and material
on the website. Subject to the licence below, all these
intellectual property rights are reserved.
(3)
Licence to use website
You may view, download for caching purposes only, and print
pages from the website for your own personal use, subject to the
restrictions below.
You must not:
(a) republish material
from this website (including republication on another website);
(b) sell, rent or
otherwise sub-license material on the website;
(c) [reproduce,
duplicate, copy or otherwise exploit material on our website for
a commercial purpose;]
(c) [edit or otherwise
modify any material on the website; or]
(d) [redistribute
material from this website [except for content specifically and
expressly made available for redistribution [(such as our
newsletter)].]
[Where content is specifically made available
for redistribution, it may only be redistributed [within your
business].]
(4)
Limitations of liability
The information on this website is provided free-of-charge,
and you acknowledge that it would be unreasonable to hold us
liable in respect of this website and the information on
this website.
Whilst we endeavour to ensure that the
information on this website is correct, we do not warrant
its completeness or accuracy; nor do we commit to ensuring
that the website remains available or that the material on
the website is kept up-to-date.
To the maximum extent permitted by
applicable law we exclude all representations, warranties
and conditions (including, without limitation, the
conditions implied by law of satisfactory quality, fitness
for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to
the maximum extent permitted under applicable law. We
will not be liable for any direct or indirect loss or damage
arising under this disclaimer or in connection with our
website, whether arising in tort, contract, or otherwise.
Without limiting the generality of the foregoing exclusion,
we will not be liable for any loss of profit, contracts,
business, goodwill, data, income, revenue or anticipated
savings arising under this disclaimer or in connection with
our website, whether direct or indirect, and whether arising
in tort, contract, or otherwise.
However, nothing in this disclaimer shall exclude or limit
our liability for fraud, for death or personal injury caused
by our negligence, or for any other liability which cannot
be excluded or limited under applicable law.
(5)
Variation
We may revise this disclaimer from time-to-time. Please
check this page regularly to ensure you are familiar with
the current version.
(6)
Entire agreement
This disclaimer constitutes the entire
agreement between you and us in relation to your use of our
website, and supersedes all previous agreements in respect
of your use of this website.
(7)
Law and jurisdiction
This notice will be governed by and
construed in accordance with English law, and any disputes
relating to this notice shall be subject to the exclusive
jurisdiction of the courts of England.
[(8)
Registrations and authorisations
[Our VAT number is [793 0844 05].]
(9)
Our contact details
Our full name is [De Lacey Fine Art]. Our
[office is [Empire House 175 Piccadilly, Mayfair, London,
W1J 9TB] and our] principal trading address is [Empire
House 175 Piccadilly, Mayfair, London, W1J 9TB].
Our email address is [info@delaceyfineart.co.uk].
This disclaimer
is based on a template
created and distributed by
www.website-law.co.uk.
Privacy Policy
Website privacy policy (version 2.0)
We are committed to safeguarding the privacy of our website
visitors; this policy sets out how we will treat your personal
information.
(1)
What information do we collect?
We may collect, store and use the following kinds of personal data:
[(a)
information about your computer and about your visits to and use of
this website, such as your IP address, geographical location,
browser type, referral source, length of visit and number of page
views;]
[(b)
information relating to any transactions carried out between you and
us on or in relation to this website, including information relating
to any purchases you make of our goods or services;]
[(c)
information
that you provide to us for the purpose of registering with us;]
[(d)
information that you provide to us for the purpose of subscribing to
our website services, email notifications and/or newsletters;]
[(e)
any other information that you choose to send to us; and]
[(f)
OTHER INFORMATION.]
(2)
Cookies
[We
use cookies on this website. A cookie is a text file sent by a web
server to a web browser, and stored by the browser. The text file is
then sent back to the server each time the browser requests a page
from the server. This enables the web server to identify and track
the web browser.
We may
send a cookie which may be stored on by your browser on your
computer’s hard drive. We may use the information we obtain from the
cookie in the administration of this website, to improve the
website’s usability and for marketing purposes. We may also
use that information to [recognise your computer when you visit our
website, and to personalise our website for you]. [Our advertisers
may also send you cookies.]
Most browsers allow you to refuse to accept cookies. (For
example, in Internet Explorer you can refuse all cookies by clicking
“Tools”, “Internet Options”, “Privacy”, and selecting “Block all
cookies” using the sliding selector.) This will, however, have
a negative impact upon the usability of many websites [, including
this one].]
[We use Google Analytics to analyse the use of this website.
Google Analytics generates statistical and other information about
website use by means of cookies, which are stored on users'
computers. The information generated relating to our website
is used to create reports about the use of the website. Google
will store this information. Google's privacy policy is
available at: http://www.google.com/privacypolicy.html.]
(3) Using
your personal data
Personal data submitted on this website will be used for the
purposes specified in this privacy policy or in relevant parts of
the website.
We may use your personal information to:
[(a)
administer the website;]
[(b)
improve your browsing experience by personalising the website;]
[(c) enable your
use of the services available on the website;]
[(d) send to you goods
purchased via the website, and supply to you services purchased via
the website;]
[(e) send
statements and invoices to you, and collect payments from you;]
[(f) send you
general (non-marketing) commercial communications;]
[(g) send you
email notifications which you have specifically requested;]
[(h) send to you
[our newsletter and other] marketing communications (relating to our
business [or the businesses of carefully-selected third parties]
which we think may be of interest to you by post or, where you have
specifically agreed to this, by email or similar technology (you can
inform us at any time if you no longer require marketing
communications to be sent by emailing us at [info@delaceyfineart.co.uk]);]
[(i)
provide third parties with statistical information about our users –
but this information will not be used to identify any individual
user;]
[(j) deal with
enquiries and complaints made by or about you relating to the
website; and]
[(k) OTHER USES.]
We will not without your express consent provide your personal
information to any third parties for the purpose of direct
marketing.
(4) Other
disclosures
In addition to the disclosures reasonably necessary for the purposes
identified elsewhere in this privacy policy, we may disclose
information about you:
(a) to the
extent that we are required to do so by law;
(b) in
connection with any legal proceedings or prospective legal
proceedings;
(c) in
order to establish, exercise or defend our legal rights (including
providing information to others for the purposes of fraud prevention
and reducing credit risk); and
[(d) to the purchaser
(or prospective purchaser) of any business or asset which we are (or
are contemplating) selling.]
Except as provided in this privacy policy, we will not provide your
information to third parties.
[(5) International data transfers
[Information that we collect may be stored and processed in and
transferred between any of the countries in which we operate in
order to enable us to use the information in accordance with this
privacy policy.]
[If you are in the European Union, information which you provide may
be transferred to countries (including [the United States], [Japan],
[OTHER COUNTRIES]) which do not have data protection laws
equivalent to those in force in the European Union. You expressly
agree to such transfers.]]
(6)
Security of your personal data
We will take reasonable technical and organisational precautions to
prevent the loss, misuse or alteration of your personal information.
[We will store all the personal information you provide on our
secure servers. All electronic transactions you make to or receive
from us will be encrypted [using SSL technology].]
Of course, data transmission over the internet is inherently
insecure, and we cannot guarantee the security of data sent over the
internet.
[You are responsible for keeping your password and user details
confidential. We will not ask you for your password.]
(7) Policy
amendments
We may update this privacy policy from time-to-time by posting a new
version on our website. You should check this page occasionally to
ensure you are happy with any changes.
[We may also notify you of changes to our privacy policy by email.]
(8) Your
rights
You may instruct us to provide you with any personal information we
hold about you. Provision of such information may be subject
to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing
purposes by email (to [info@delaceyfineart.co.uk]) at any
time. (In practice, you will usually either expressly agree in
advance to our use of your personal data for marketing purposes, or
we will provide you with an opportunity to opt-out of the use of
your personal data for marketing purposes.)
(9) Third
party websites
The website contains links to other websites. We are not responsible
for the privacy policies or practices of third party websites.
(10) Updating
information
Please let us know if the personal information which we hold about
you needs to be corrected or updated.
(11) Contact
If you have any questions about this privacy policy or our treatment
of your personal data, please write to us by email to [info@delaceyfineart.co.uk]
or by post to [Empire House 175 Piccadilly, Mayfair, London, W1J
9TB].
This privacy policy is
based on a template
created and distributed by
www.website-law.co.uk
