This page tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.affordableartonline.net or any of the other sites through which we supply Products or services. By ordering any of our Products and services you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
We are The Moreton Gallery Online our registered office at Queenshead House, High Street, Moreton in Marsh, GL56 0LH, United Kingdom.
Making a contract with us
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we will despatch your order (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
We may change our terms from time to time, terms only apply on the day you order your goods.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
All descriptions, weight, size, materials, media, etc., are those of the original artist and may not be relied upon as accurate, any such description shall not form part of this agreement.
If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products.
To cancel a Contract, you must inform us by email. You must also return the Products within 14 days, in the same condition, and all packaging, and delivery note, in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
After we have recieved the Products, we will credit your debit or credit card, with the full purchase price of the product.
Availability and Deliverability
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We will notify you by email if this is the case to arrange another delivery date.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products.
Price and Payment
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Returns will not be accepted unless we have been notified in advance and within 7 days of receipt of goods, by emailing us. All correspondence regarding return of Products shall be carried out between You and us. Products must be returned within 14 days of delivery.
If you return a Product to us:
- Because you have cancelled the Contract between us within the 14-day cooling-off period (see clause 'Consumer Rights' above), we will credit your debit or credit card with the full purchase price within 30 days of the day you gave notice of cancellation. You will be responsible for all costs of returning the Product. For overseas orders you will be responsible for the cost of returning the item to us.
Refund of 'returned Products' lost in transit will not be considered unless proof of posting is supplied.
Claims for damage must be made within 3-days of receipt of goods. Damaged product and packaging must be retained in case of inspection by the carrier.
Claims of non-delivery must be made within 28-days of despatch.
Descriptions of goods and services included in the The Moreton Gallery Online site are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images, may vary slightly from the way they appear on the screen
In the event of a dispute arising out of or in connection with these terms or any contract between You and us, then you agree to settle the dispute by engaging in good faith with us of mediation, before commencing litigation.
Title, ownership rights, and intellectual property rights used on the The Moreton Gallery Online website are the property of The Moreton Gallery Online or their respective copyright owners. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. You may download or copy content only for your person use, provide you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of content. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Limitations and Liability
The Moreton Gallery Online Shall not be liable for any damages whatsoever, and in particular The Moreton Gallery Online shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the website or the information contained in it, whether such damages arise inn contract, negligence, tort, under statue, in equity, at law, or otherwise.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order..
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Moreton Gallery Online. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in 'Written Communications' above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If either party is affected by Force Majeure, it shall promptly notify the other Party of the nature or extent of the circumstances in question.
Neither Party shall be deemed to be in breach of this agreement, or otherwise be liable to the other, for any delay in performace or non-performance of any of its obligations in this agreement, due to the extent that any delay or non-performance is due to any Force Majeure of which it has notified the other Party, and the time for performance of that obligation shall be extended accordingly.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 'Notices' above.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to this Agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
System and Security/Misuse of Our Site
Affordable Art Online reserves the right to suspend or terminate any members account or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.
You agree that you will not, and will not allow any person to, violate or attempt to violate any aspect of the security of the installation. Such violation may result in criminal prosecution.
You agree to indemnify us against any claims or demand, including reasonable lawyers’ fees for any such violation. You will agree to indemnify us against any claim or demand, including reasonable lawyers’ fees made by any third Party due to or arising in any way out of your use of our Website, or infringement made by any other person using your computer, of any intellectual property rights of any person.
English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.