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TERMS AND CONDITIONS

 

  1. USE OF THIS WEBSITE

    These Terms and Conditions apply your use of this website. Please read them carefully and ensure that you understand them. You will be asked to agree to these terms before being able to order any Artworks from our site. Your use of this website is subject to your acceptance of these terms and conditions. If you do not accept these terms you must not use or access this website.

    Your purchase contract is with Different Again Limited trading as Gallery Different. In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring Gallery Different. You should print a copy of these Terms or save them to your computer for future reference.

    We may amend these Terms from time to time, therefore each time you place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to "in writing", this will include e-mail.

    If you are an Artist please see the Terms and conditions which apply to Artist Submissions and Representation on this Site.

 

  1. ABOUT GALLERY DIFFERENT

    We operate the website www.gallerydifferent.co.uk.   Different Again Limited is a company registered in England (company no. 04146084) whose registered office is at 14 Percy Street, London W1T 1DR, UK.

    Contacting us: You can write to us at 14 Percy Street, London W1T1DR, email us at info@gallerydifferent.co.uk or telephone us at +44(0)207 637 3775. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or the date following the date of posting.

 

  1. OUR ARTWORKS

    The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Artworks. Your Artworks may vary slightly from those images.

 

  1. INTELLECTUAL PROPERTY RIGHTS

    All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Different Again Limited trading as Gallery Different, or its content suppliers and protected by U.K. and international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of Gallery Different is strictly prohibited.

    Licence to use this website is granted limited to the following: You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

    Without express consent you must not:

 

  1. LIMITATION OF LIABILITY

    The information on this website is provided free-of-charge, and 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.

 

  1. RESTRICTED ACCESS

    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.

 

  1. GUEST BOOK/LOGIN/PARTNERS

 

  1. HOW WE USE YOUR PERSONAL INFORMATION

    We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

 

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

  1. OUR RIGHT TO VARY THESE TERMS

If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Artworks or just the Artworks you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Artworks you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

  1. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause only applies if you are a consumer.

 

  1. DELIVERY

 

  1. INTERNATIONAL DELIVERY

 

  1. PRICE OF ARTWORKS AND DELIVERY CHARGES

 

  1. HOW TO PAY

 

  1. OUR LIABILITY IF YOU ARE A BUSINESS

    This clause only applies if you are a business customer.

 

  1. OUR LIABILITY IF YOU ARE A CONSUMER

    This clause only applies if you are a consumer.

 

  1. EVENTS OUTSIDE OUR CONTROL

 

  1. OTHER IMPORTANT TERMS

 

ARTIST SUBMISSION AND REPRESENTATION

These Terms and Conditions are supplemental to the Terms and Conditions Use of this Website and govern the relationship between Gallery Different and Artists represented. Your statutory rights are not affected.

These terms and conditions form the contract between you, the artist, and us, the Gallery and you should print and retain a copy for your reference. By submitting your work of art (your artwork) to the website for consideration you accept these terms and conditions. If you do not agree with these terms you must not submit your work to the website.

 

  1. SERVICES OFFERED BY GALLERY DIFFERENT VIA THEIR WEBSITESubject to the Warranties and obligations of the artists and to the remedies and rights of the Gallery, Gallery Different offers a service to artists to enable them to:
    • Submit artworks for consideration for inclusion on Gallery Different’s online gallery at gallerydifferent.co.uk and to submit artworks for consideration for inclusion in exhibitions at Gallery Different’s physical gallery at 14 Percy Street W1T 1DR or for exhibitions curated by Gallery Different at other locations including art fairs
    • On a periodical basis the Directors of Gallery Different will review submissions and select artists to be represented on the website. Selected artists will be notified and offered representation on the website, and the commission on sale will be agreed.
    • Selected Artists will have a page with their artist profile and images of their original artwork. Selection to be represented on the website does not automatically lead to representation in exhibitions or events;
    • Selected Artists will be allocated user privileges with ability to edit their profile and information about featured artworks and to upload new artworks
    • Selected Artists will be able have artworks available for sale directly from the website
    • When an artwork is sold online via the website the Gallery will:
      • inform you immediately of the sale
      • If the artwork is in the physical control of the gallery, deal with the packing and delivery to the client
      • If the artwork is in the physical control of the artist, advise on packing and delivery requirements and liaise with the artist to organise delivery - please see artist sales obligations below
      • Provide a purchase order showing the sale price, any discount given and estimated settlement date
      • Mark the item as sold on the website

 

  1. ARTIST WARRANTIES AND OBLIGATIONSBy submitting your work you warrant, represent and agree as follows:

 

  1. RIGHTS AND REMEDIES
    • The Gallery shall have the right to use any information submitted together with images for the purpose of marketing and promotion of the artworks and of the gallery business and shall ensure that any such use is appropriately credited
    • Additional to any legal remedy that may be open to us and without prejudice Gallery Different reserves the right to reject any submission either before or after it has been selected for representation and to remove it from the website and any other publications, circulars or gallery media if within our sole discretion we deem that you have failed to comply with the requirement in clause 2 above.
    • Gallery Different disclaims any and all liability in connection with Artist Submissions and reserves the right to remove any Artist submissions from the website and from the selection process and without prior notice whether for breach of warranty or obligation under these terms or for any other reason and further reserves the right to terminate any user’s access to the website at any time in its sole discretion and without prior notice.
    • Any Artist who in the sole opinion of Gallery Different does not comply with these terms may at any time be excluded from consideration

 

  1. MISCELLANEOUS MATTERS
    • Intellectual Property Rights of the Gallery: You acknowledge that Gallery DIFFERENT and www.gallerydifferent.co.uk and any other name, logo and sign used on the website as well as the design and layout and all the content including featured artists are the trade marks, copyright and other intellectual property rights of Gallery Different and are owned solely by or licensed to Gallery Different and you shall not acquire any title right or interest in any such intellectual property by reason of your submission or by reason of its possible selection and you acknowledge and agree that any use of our intellectual property is subject ot our prior written consent;
    • Copyright Infringements: If you become aware of any unauthorised use or misuse of your work or any actual or suspected infringements of the copyright of your work arising out of it being featured on the website shall notify us in writing giving full particulars. You shall not take or threaten any action or legal proceedings and shall not make any threats complaints or statements to any third party in relation to such use. Gallery Different in its sole and unfettered discretion shall decide whether to take any action and you agree to provide to Gallery Different such assistance information and documentation as may reasonable be required in connection with the enforcement of the rights assigned to Gallery Different.
    • Limitations on Liability: Gallery Different shall not be liable to you for any damages including any lost profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, or any consequential, special, incidental, or indirect damages of any kind arising out of the services provided by Gallery Different or its failure to provide these services, the consideration, selection or rejection of Your Work or any other Artist Submission or out of the operation of the Website, or the content of the Website, or the exploitation of any Featured Artist Submission, or as a result of the exercise or inability to exercise the rights granted to Gallery Different hereunder or as a result of the termination or expiry of these Artist Submission Terms, even if we have been advised of the possibility of such damages in advance.
    • Termination: This Agreement may be terminated by you on giving not less than 30 days notice. Termination by either party shall not operate to waive any outstanding obligations remaining to be performed by either party.
    • Waiver: No omission or delay in exercising any right, power or privilege under these Artist Submission Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.
    • Relationship: Nothing in these Terms shall create, or be deemed to create, a partnership or joint venture between you and Gallery Different. Except as expressly provided herein, these Terms shall not be construed as giving rise to the relationship of principal and agent or to any authority by you to represent or act on our behalf.
    • Enforceability: if at any time any provision of these Terms are or become illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.
    • Jurisdiction: This agreement is governed by the laws of England and Wales

 

 

AUCTIONS

 

Terms and Conditions for Online Auctions:

 

Please read these Conditions of Sale and the Sale Particulars carefully before PLACING ANY BID OR OFFERING TO BUY ANY ITEM USING BUY-NOW.

These conditions of sale and the sale particulars set out terms and conditions which will become contractually binding on anyone who registers to bid for an auction and/or places a bid on any Lot in an on-line auction. They also describe certain limitations and exclusions of liability for Gallery Different and (where applicable) the third party seller of an item.

A.   Bidding Process:

  1. By registering and/or by bidding in an auction, or where you offer to purchase a lot using Buy-Now, you agree to these Conditions of Sale and the Sale Particulars shall be contractually binding on you with Gallery Different.
  2. If you make a successful bid for a lot in an auction, or purchase a lot using Buy-Now, these Conditions of Sale and the provisions of the Sale Particulars will form a contract for sale of that lot between you and the seller
  3. For each lot there will be a starting bid or reserve. Bids will not be accepted for amounts lower than the starting bid or reserve. 
  4. When you enter an amount higher than the reserve price or the current bid you will become the highest bidder and your bid will show as the current bid.
  5. If you are outbid, you will receive an outbid email notifying you and inviting you to bid again.
  6. Where lots have a ‘Buy Now’ option, you may purchase the item at the Buy Now price before the auction closes. If this functionality is offered it allows you to buy the relevant lot at a fixed price - the Buy-Now price. If you exercise the Buy Now option, the Conditions of Sale and Sale Particulars for that lot will apply to the sale in the same manner as if you had been the successful bidder in an auction for that lot. The auction for that lot will end immediately on your exercise of the Buy Now option and no further bids will be accepted.Where the auction sale proceeds are to benefit a registered charity, and where the Buy Now option has not been exercised it will be possible for you to bid beyond the Buy Now price so that you may maximize the benefit for the charity. In this case where a bidder places a bid in excess of the Buy Now price the Buy Now option will no longer be available for that lot.

B          Auction End

  1. Subject to the rights and exclusions set out below, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder at the end of the auction. Winning bidders will receive an email notification of any successful bid setting out the process for completion of their purchase.
  2. Gallery Different does not accept responsibility for notifying you of the result of your bids unless you are successful, but will generally as a matter of courtesy notify you that the item has been sold to a higher bidder.
  3. In the case of Buy Now sales you are required to complete the payment process within 30 minutes after which time the lot will again be open to bidders and the previous current bid will be in place.
  4. In the case of a successful highest bid, you are required to complete the payment process within 24 hours of the end of the auction.
  5. Ownership of the lot will not transfer to you until you have paid in full.

C          Transport and Shipping

            As a highest bidder, or as a purchaser of a lot via the Buy Now option, delivery will be offered at a fixed price. Delivery to UK addresses is £15, delivery to European destinations is £25 and delivery to rest of world is £45   . Alternatively you may prefer to collect from the Gallery.

D           Exclusions:

  1. Please note that broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some users including, by way of example, in relation to accessing sales and in maintaining continuity of such access. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
  2. Gallery Different reserves the right, in our absolute discretion, to reject your registration to bid; to reject, revoke or refuse to accept any bid or use of Buy-Now (even those that have been previously accepted); to withdraw or divide any lot; combine any two or more lots; or, whether during or after the sale, to restart or continue the bidding or to re-offer the lot as a new Buy-Now item at a fixed price. Gallery Different also reserves the right to disable or deactivate your account at any time during the sale. Gallery Different may exercise such rights in cases where a manifest error becomes apparent but this does not limit the circumstances in which Gallery Different may exercise such rights.
  3. Gallery Different reserves the right, at our complete discretion, to withdraw any lot from the sale, whether prior to or during the auction or Buy-Now sale, and shall have no liability whatsoever with regard to such withdrawal.
  4. Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your or the seller’s reasonable control. This includes, but is not limited to strikes, lock-outs fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.

 E             Legal Rights for Buyer and Seller:

If you fail to pay the amount due either on a Buy Now option or as a successful highest bidder, in addition to our legal rights, we will be entitled in our absolute discretion to do the following:

  1. Charge a late payment fee of 5% of the sale price.
  2. Cancel the sale of the lot. If this option is exercised, the lot may be offered for sale again and you will be liable for any shortfall between the amount due from you and the proceeds of resale
  3. Failure to complete payment for Buy Now sales within the time allowed will result in the lot being re-offered in the sale. You may also be liable for any costs expenses losses damages and legal fees which we may have to pay or suffer.

 

 

Gift Cards and Promotions

Terms and conditions for gift cards and promotions

Please read these conditions for the use of gift cards and promotions:

Gift cards that have been purchased may be redeemed against any artwork currently offered for sale by Gallery Different.

Gift cards that are part of a promotion and which have not been purchased for value may be redeemed against artwork currently offered for sale by Gallery Different subject to any exclusion that the Gallery may from time to time impose.  For further information on specific promotions please enquire of the gallery directly.

Gift cards and promotions cannot be used with any other promotion.  Gift cards and promotions will be valid until the expiry indicated on the gift card or on the promotion literature.

           

 

         

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