The proprietor of this website, www.thecontemporarylondon.com, and supplier of the Artworks via the Website is The Contemporary London LLP, a limited liability partnership registered in England and Wales under company number OC355470 with its registered office at 16 Mortimer Road, London, NW10 5QP (“we”, “us”, “our”, “Contemporary London”). If you wish to get in touch please contact Michelle at [email protected] or 07747635823 or by writting to us at The Contemporary London, 16 Mortimer Road, London NW10 5QP.
These terms and conditions (“Terms”) apply to the sale of original artwork and limited edition prints (“Artworks”) by us from the website www.thecontemporarylondon.com and any other website owned by us now or in the future including any website attached to any top level or country level domains we own incorporating the words “thecontemporarylondon” (the “Website”).
These Terms are the terms and conditions on which we agree to sell the Artworks to customers (“you”) and you agree to purchase Artworks from us via the Website and will form the basis of the contract between us and you for the sale of the Artworks. The language for the conclusion of any contract between you and us for the sale of the Artworks will be English.
By placing an order for any Artwork via the Website you agree to accept these Terms which apply to the exclusion of all other terms and conditions proposed by you. We point out the provisions under the heading Limitation of Liability in particular which limit our liability to you. Terms in these Terms in the singular shall include the plural and vice versa. Whenever the words “include” and “including” are used they are deemed to have the words “without limitation” following them and are to be interpreted without limitation.
You may use our Website for private and personal non-commercial use only, i.e. to view and print portions of our Website for the sole purpose of purchasing Artworks. The materials on our Website may not be used for any other purpose.
We reserve the right to amend or update the Website and these Terms from time to time without notice. Any changes to these Terms will be posted on our Website. You will be deemed to be bound by any changes from the first time you access the Website after they are posted on the Website so please review these Terms regularly to ensure you are aware of any changes.
Use of the Website
This website is designed to allow individuals to browse the Website, select Artworks and purchase Artwork(s) via a ‘Shopping Cart’. All selected Artworks remain in the customers shopping cart until the customer has checked them out (i.e. purchased them), removed the Artworks from their cart themselves or leave the website.
You must provide us with certain personal details in order for us to be process your order to purchase Artworks from the Website. This information will include your name, address, email address, delivery address and contact phone number. We use Paypal to process all online payment of your order and you will directed from the Website to the Paypal site where you will be asked to provide your credit or debit card details to pay for your order.
You will also have the option on the Website to subscribe to our newsletter which is sent via email and includes information on upcoming exhibitions and pop-up shows and our services. If you choose to subscribe to the newsletter you will receive an email confirmation. You will have the opportunity to “opt-out” of receiving this newsletter at a later stage by following the instructions at the end of the newsletter which is sent by email.
Transaction(s) on the Website
You are responsible for payment of all Artworks ordered via the Website.
We reserve the right to refuse to accept your order and terminate your access to the Website without notice if:
- You breach these Terms, including the warranties relating to use of the Website;
- We suspect that you have acted fraudulently, dishonestly, unlawfully or in an otherwise inappropriate manner or in breach of these terms of conditions.
- We do not receive payment for Artworks ordered by you .
You must submit your order(s) via the Website in accordance with the instructions set out on the Website. In summary, the process for making an order is as follows:
1. Select item and add to cart, using PayPal’s secure site.
2. You may view your cart and may then proceed to checkout
3. You are then taken to the payments page on the secure Paypal site. Customers then have the option to pay by credit pr debit card by filing out an easy payment form or by using Paypal by logging in to their Paypal account.
4. You will then be able to view your payment confirmation and will receive an email confirmation from Paypal.
5. After payment, you will be redirected back to our website.
If there is any conflict between the above steps to place an order and the instructions set out on the Website, the instructions on the Website will apply.
By placing an order, you warrant that are over the age of 18 years and you indemnify us against any loss or damage we may suffer as a result of your breach of this warranty.
When you have placed an order, you will receive email confirmation with your order details. This will have a reference code when you should quote when corresponding with us. This email does not constitute acceptance of your order.
We must receive payment of the whole of the price for the Artworks that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide on the Website when you placed your order. Our acceptance of your order brings into existence a legally binding contract between us.
You will be responsible for ensuring the completeness and accuracy of your order(s) and we will not be liable for any loss or damages resulting from your failure to provide complete and accurate information in your order.
You will have the opportunity to review your order before submitting it via the Website and correct any errors you have made in inputting the details.
All correspondence will be via email and accordingly you must ensure you provide the correct email address when you register as a user and place your order.
We reserve the right to reject any order submitted by you for any reason and to cancel any order before delivery of the relevant Artworks if you fail to make payment in accordance with these Terms.
If you need to change the details of your order for any reason, please email us at [email protected] or call us on 077 47 635 823.
Without limitation to the provisions relating to Limitation of Liability in these Terms, to the maximum extent permitted by law we will not be liable or otherwise responsible for any loss or damage caused to you by our cancellation of your order.
Prices and Payment
The price payable for Artworks where applicable is inclusive of VAT and exclusive of delivery charges, which will be payable by you and calculated as set out below (see Delivery of Artworks). Prices are shown on the Website and payable in pound sterling (GBP).
Some works are available framed and some works are unframed, in both cases the details of each item and their prices will be clearly marked on the website. The displayed price will relate directly to the type(s) of frames described on the website, and alternative frames with customised elements or specification may require a different price. If you require additional framing services you can email us at [email protected] and we may be able to refer you to a third party who can assist you.
In some cases we can provide assistance with installation or refer you to a third party who may provide this service. We cannot provide a quote for this service due to variables such as the nature of the work, size and weight. However, if this is something you would like to enquire about please email us at [email protected] and we may be able to provide you with a quote for installation from a third party or put you directly in contact with them.
No order will be processed or accepted by us and no Artworks will be delivered to you until you have made full payment in pound sterling and we have received this in cleared funds from you.
Payment for the Artworks in your order made via the website can be made in the following way:
Online via the secure online e-commerce payment system on the Website utilising PayPal or the credit cards or debit cards listed on the Website, which may include Visa, Visa Electron, MasterCard, Maestro, Switch and American Express. Where you are based outside of the United Kingdom all payments must be made via the secure online e-commerce payment system and all such payments will be exchanged into pound sterling on the date of payment.
If you wish to place your order by emailing us at [email protected], we shall then issue an invoice, which must be paid before delivery, within 14 days of being issued. Payments for the Artworks can be made via:
- Bank transfer to:
Account Name: The Contemporary London
Sort Code: 40-04-01
Account Number: 92325098
HSBC Bank plc, 94 Kensington High Street, London W8 4SH
When making payment, please quote the Invoice number as a reference.
Where works are specially commissioned payment will be arranged directly with us and will not processed via our website. These payments will be arranged via bank transfer or cheque and further details or requests can be discussed either via email to [email protected] or over the phone.
We will provide you with a receipt for all payments made for orders with delivery of the Artworks. Our prices for Artworks are subject to change from time to time by us and any such change will be notified by amending the relevant prices displayed on the Website. Any increase in the prices for Artworks will only apply to an order placed after the date of the increase, and will not apply retrospectively.
Title to the Artworks will not be transferred to you until we have received payment in full.
We always try to make sure our prices are accurate but errors may occur. We will inform you as soon as reasonably practicable on discovering an error and you will be entitled to either cancel your order or reconfirm your order.
Availability of Artworks
The Artworks displayed on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Artworks.
If the Artworks you have ordered are not available, we will notify you by email. You will be entitled to receive substitute Artworks of equivalent quality and price (“Substitute Artworks”) or receive a refund if your payment has already been processed. We will endeavour to email you with the Substitute Artworks that may be of interest or offer you a refund for the Artworks as soon as possible after acceptance of your order. We will not dispatch any Substitute Artworks until we have received written confirmation from you of whether you wish to have the Substitute Artworks or a refund.
If you do wish to cancel the order under which we deliver the Substitute Artworks then you must follow the cancellation procedure listed below (“Cancellation and Returns”).
We will refund you with the reasonable delivery costs of returning the Substitute Artworks to us within a reasonable time of receiving the returned Artworks and a receipt or other equivalent evidence of the delivery costs incurred by you.
Artworks and Sales
We have used our best endeavours to ensure that the images of the Artworks on the Website are clear and accurate including the colours of the Artworks and prints. However, we will not be responsible for any variations in the Artworks delivered to you from the images on the Website as these features may be distorted by computer software or your website browser.
You agree and accept that to the maximum extent permitted by law, we provide the Artworks without any warranty and will have no responsibility for the suitability of the Artworks ordered by you via the Website. You also agree and accept that the Artworks are sold to you “as is” and “as available” and it is your responsibility to judge the suitability of the Artworks for the purpose intended.
Most works carry the artist’s signature. Furthermore, sold works are also accompanied by a Certificate of Authenticity signed by either the artist or by The Contemporary London LLP.
Delivery of Artworks
We will arrange for delivery of the Artworks ordered by you to the address you enter on the Website as your delivery address when you place your order. If you order more than one Artwork in the same order, we will aim to deliver them together to reduce the environmental impact.
All works are insured during transportation.
The estimated dispatch and delivery date will be included on the email confirmation sent to you when payment has been processed.
While we try to deliver the Artworks in accordance with estimated dispatch and delivery dates on the confirmation email, these dates are for guidance only and time for delivery will not be of the essence in this Agreement. We will endeavour to inform you by email if we are experiencing delays in the delivery of the Artworks to you.
Generally, non-fragile Artworks not at risk of being damaged during transport (e.g. unframed limited edition prints) will be dispatched within 7 days of our receipt of payment of your order and by way of Royal Mail, Parcel Force or DHL in the UK and worldwide. A signature may be required to confirm delivery.
For the delivery of original and fragile works that are at risk of being damaged during transport we use trusted art professional transportation companies. In these instances we will contact you directly to arrange the delivery of the works and discuss the extra delivery charges, specific to each artwork. All artworks may be also be collected free of charge at the clients request.
Deliveries within the UK and Self Collection
We are able to arrange delivery of goods to UK addresses or alternatively customers may arrange self collection. If you would like to arrange self collection please send us an email after placing you order stating when you would be available to collect your works. You may collect your purchased work(s) within 10 working days once your payment has been received. After 10 working day if you are unable to collect your purchase we will need to contact you to arrange for the purchase to be delivered and you will be responsible for all transport costs.
If you would like you order to be sent to an International address and you order is placed though our website you will have to pay extra international charges. We will contact you by email with details of costs prior to dispatch. Please note that if you are based outside the United Kingdom, there may be local tax and import duties which apply which we are not liable for. We recommend you check with the appropriate relevant authority in your country before proceeding with your order.
An estimate of delivery times are set out below. A signature may be required on receipt.
UK and Northern Ireland: Your purchase is estimated to arrive within 1-3 working days after dispatch and will require a signature on receipt.
Europe: Your purchase is estimated to arrive within 1-5 working days after dispatch and will require a signature on receipt.
Worldwide: Your purchase is estimated to arrive within 1-14 working days after dispatch and will require a signature on receipt.
Please note that if you are based outside the United Kingdom, there may be local tax and import duties which apply which we are not liable for. We recommend you check with the appropriate relevant authority in your country before proceeding with your order.
Please allow for up to 21 working days from receipt of our email accepting your order for delivery of the Artworks.
Please contact us if your order is not received within this time frame. If you do not receive the Artworks ordered by you within 21 working days of the date of the confirmation email with the estimated dispatch date, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the Artworks.
Our liability for non-delivery of the Artworks will be limited to replacing the Artworks with Substitute Artworks within a reasonable time or issuing a refund of the price for the Artworks to you. Reasonable evidence of non-delivery will be required and we will not be liable for more than one replacement of undelivered Artworks.
Cancellation and Returns
Cancellation by us
We reserve the right to cancel the contract between us if:
- we have insufficient stock to deliver the Artworks you have ordered;
- we do not deliver to your area; or
- one or more of the Artworks you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information appearing on the Website; or
- we have reason to believe that your credit card or debit card has been used dishonestly, unlawfully or in an otherwise inappropriate manner or in breach of these Terms.
If we do cancel your contract we will notify you by e-mail and will re-credit to the card, bank account or PayPal account with which you paid for your Artworks any sum deducted by us from that card or account as soon as possible but in any event within 30 days of your ordering of the Artworks. We will not be obliged to offer any additional compensation for disappointment suffered.
Cancellation by you
You may cancel your contract with us for the Artworks you order at any time up to the end of the fourteenth working day from the date you receive the ordered Artworks.
To cancel your contract you must e-mail us at [email protected] with: “Order Cancellation,” the reference number from the email confirmation from us and the name of the piece in the subject heading and
your full name, contact details and order details in the body of the e-mail.
In accordance with the Consumer Protection (Distance Selling) Regulations 2000, you will only be entitled to a full refund of the relevant price if you cancel the contract within 14 working days of receiving the Artworks. We will arrange for the refund to the credit card, Debit card or bank account which you paid for the Artwork or to your PayPal account within 30 days of your ordering of the Artworks.
If you have received the Artworks before you cancel your contract then you must send the Artworks back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the Artworks for delivery, please do not unpack the Artworks when they are received by you and return the Artworks back to us at our contact address – The Contemporary London, 16 Mortimer Road, London NW10 5QP at your own cost and risk as soon as possible.
Once the Artworks have been delivered, they are your responsibility and are held our your risk. A signature from the delivery company will be deemed to be evidence of delivery.
You must take reasonable care of the Artworks while they are in your possession. If you can cancel the Contract, please return the Artworks to us with their original packaging if possible and arrange for their delivery with a reputable delivery company. We recommend that if the Artworks were delivered to you by a specialist art transportation company, that you use a company of a similar standard to ensure the safety of the Artworks.
If you cancel the contract and do not return the Artworks delivered to you or do not pay the delivery costs for their return to us, we shall be entitled to:
deduct the direct costs of recovering the Artworks from the amount to be re-credited to you or
in the event that we have already refunded the purchase price to you, charge you for the direct cost of the recovery of the Artworks from you.
All work is carefully checked by us before packaging and is fully insured during transportation. Upon receiving the Artwork please inspect the work(s) carefully for any damage that has occurred during delivery. The works will be delivered with a Condition Report illustrating the condition of the work on leaving The Contemporary London. If the condition has differed on delivery from the report please contact us. If the Artworks delivered are damaged, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 working days of their delivery.
You must notify us by e-mail at [email protected] quoting “Returns Request,” the reference number from the email confirmation received from us and the Artwork name in the subject heading and including in your e-mail your name, contact details, order details, details of the reasons for return and whether replacement (if available) or refund is required.
You must return the Artworks to us within 14 working days of the date of receipt of the Artworks by you. We will, at your preference, either provide a replacement of the Artworks to you or provide you with a full refund of the price and reasonable delivery costs within a reasonable time, which under usual circumstances should be no more than 30 days from when we receive your email.
In respect of damaged Artworks, the relevant price paid to us by you will be non-refundable unless the Artworks delivered to you pursuant to your order are damaged or of a quality or specification which is reasonably less than that represented on the Website or requested in the order.
Our returns policy does not apply to undamaged Artworks or Artworks of a satisfactory quality – however you may cancel your order for unwanted Artworks in accordance with the terms of the cancellation policy set out above.
Intellectual Property Rights
The intellectual property rights in the Artworks are the property of either the Artists or The Contemporary London and you do not have any right, title or interest to the same.
Accordingly, Artworks are sold by us to you for non-commercial use by you as a consumer only and reproductions of the Artworks may not be made or re-sold.
All intellectual property rights in the Website (including all images, text, layout) are owned by, or licensed to, us and unless otherwise specified, may not be used, copied or altered without our written consent. For the avoidance of doubt, copyright extends to the design, look and feel of the Website, and all photographs and text on the Website.
The name THE CONTEMPORARY LONDON and any logos on the site are our trade marks and may not be used by you without our prior written permission.
Restrictions of the Internet
You acknowledge and accept that we have no control over the availability of the Internet which is a globalised decentralised network. Accordingly, we give no warranty or representation that access to the Website, order processing system and secure online e-commerce payment system on the Website will be error free or uninterrupted and may be variable. We will not be liable for any direct, indirect, incidental or other loss or damage which results or may result from your access to or use of the Internet or the Website.
Changes to the Website
Whilst we take every care to ensure that the website is fully functioning and available, we cannot ensure that the website will always be error-free and accessible. We aim to regularly maintain and update the website, however please note that the website may be out of date at any given time. We may need to change the material on our website to reflect newer content and the availability of Artwork(s). If necessary we may suspend access to our site to allow for maintenance. It is within our right to do any or all of these changes without prior notification.
Website’s Online Content
Due to the nature of some of the Artworks or other published online content , the viewer may be exposed to content of an adult nature. By entering the website you acknowledge that you are legally permitted to view the content (whether by virtue of your age or by the laws that apply where you live).
If you wish to create links to our website you may only do so to our homepage only and no other part of our website. Any linking to our website must be done so in a way that is fair and legal and does not damage or exploit or name, company or website. You are not allowed to create a link to our website that suggests in any way that you or your company is associated, endorsed or approved with us where none exists. We reserve the right to withdraw our linking permission without prior notice.
Where we link to external websites or to resources provided by third parties this is done for information purposes only. We accept no responsibility for content or availability or damage that may arise as the result of contacting them or using their services.
Limitation of Liability
We do not accept any responsibility for and will have no liability for damage to the Products arising as a result of your failure to care for the Artwork in a responsible manner.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Artworks from the Website. The importation or exportation of certain of our Artworks to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Artworks you purchase.
These terms and conditions set out our entire liability to you and all other liability of us to you is hereby excluded, subject that nothing will exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from our negligence.
Subject to the above, you agree that our total liability to you under these terms and conditions will not exceed the price actually paid by you to us relating to the relevant order giving rise to the alleged claim, including where such liability arises out of our negligence.
In no event will we be liable to you, whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Artworks to you, including without limitation: loss of business and/or Artworks, loss of goodwill, loss of profits, loss and/or corruption of data and/or damages awarded against you as a result of legal proceedings by any third party in relation to the Artworks, including any claim that the Artworks infringe the intellectual property rights of any third party. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this agreement.
We will not be liable to you for any acts, omissions or failures of third party sub-contractors used by us in delivering Artworks to you pursuant to orders placed by you under these terms and conditions.
Nothing in these terms and conditions will limit your statutory rights as a consumer.
Whilst the website is used as a platform to promote the artworks displayed on our website, any advice, recommendation or information provided on this website is done so on an informal basis and will not form part of this contract.
You warrant and undertake that you will not use the Website or Artworks for any unlawful purpose or which gives rise to civil or criminal liability, you will not use the Website or Artworks in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring us into disrepute, and you will not use the Website or Artworks to infringe the intellectual property rights of us or of any third party.
Notwithstanding the above, you warrant that you will be truthful and honest in your use of the Website and make purchases of Artworks in a responsible and reasonable manner and only as envisaged by these terms and conditions.
Any breach of these warranties will entitle us to cancel any order at our discretion, terminate use of your Login and we may at our discretion cancel all or any other orders made by you and terminate this agreement without notice.
Except as provided in these terms and conditions, all warranties, conditions or other terms, express or implied, statutory or otherwise, in relation to the Artworks and the Website are hereby excluded to the maximum extent permitted by law.
You will indemnify and hold us harmless in full and defend us at your own expense against all claims, liabilities, costs and losses whatsoever and howsoever incurred by us as a result of the breach by you of the above warranties.
We may terminate these Terms at any time for any reason on notice in writing (which may be by e-mail) to you in the event of any breach by you of the provisions of these Terms.
On termination, any outstanding order of yours will be immediately cancelled. Except as otherwise provided in these Terms, the price paid to us for the relevant order will be refunded on termination, unless the relevant Artworks in question have been despatched to you prior to termination in which case the relevant price will not be refunded.
Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out on order if notice is being given by us to you, or if notice is being given by you to us, at 16 Mortimer Road, London, NW10 5QP; or at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.
We will not be liable for failure to meet our obligations under these terms and conditions if we or our contractors are prevented from or delayed in doing so due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies. In the event that the delay prevents us from meeting our obligations under these terms and conditions for a period of more than two months from the occurrence of the event causing the delay, either party will be entitled to cancel the contract by written notice to the other.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The Website is directed at consumers in the United Kingdom. We give no warranty or representation that the Website or any activities you carry out via the Website comply with the laws of other countries. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us and you.
For further information or assistance please email [email protected]
Copyright © 2018 The ContemporaryLondon LLP. All rights reserved.