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.

2. 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.

3. 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.

4. 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:

• republish material from this website (including republication on another website);

• sell, rent or otherwise sub-license material on the website;

• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

• edit or otherwise modify any material on the website; or

• redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.

5. 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.

6. 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.

7. GUEST BOOK/LOGIN/PARTNERS

• You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

• You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

• You must not use our website for any purposes related to marketing without our express written consent.

• You must not use our website to copy, publish or send mass mailings or spam.

• You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.

• All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

• We reserve the right to edit or remove any material posted upon our website.

• We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.

8. 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.

9. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

• Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

• After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Artworks have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.

• If we are unable to supply you with an Artwork, for example because that Artwork is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artworks, we will refund you the full amount including any delivery costs charged as soon as possible.

10. OUR RIGHT TO VARY THESE TERMS

• We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

• Every time you order Artworks from us, the Terms in force at the time of your order will apply to the Contract between you and us

• We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.

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.

11. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause only applies if you are a consumer.

• If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract and receive a refund.

• However, this cancellation right does not apply if your purchase of an artwork includes a custom-made frame or is a commissioned artwork

• Your legal right to cancel a Contract starts from the date when we confirm despatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

  Your Contract End of the cancellation period

  Your Contract is for a single artwork:  The end date is 7 days after the day on which you receive the Artwork.

  Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Artwork on 10 January you may cancel at any time between 1 January and the end of the day on 17 January.

  Your Contract is for multiple Artworks which are delivered on separate days:  The end date is 7 days after the day on which you receive the last of the Artworks ordered.

  Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Artwork or the first of your separate Artworks on 10 January and the last instalment or last separate Artwork on 15 January you may cancel in respect any or all of the separate Artworks at any time between 1 January and the end of the day on 22 January.

• To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is via Email. If you use this method we will e-mail you to confirm we have received your cancellation.

  You can also contact us by any method shown in clause 1. If you are e-mailing 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 post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

• If you cancel your Contract we will:

  (a) refund you the price you paid for the Artworks. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

  (b) in the case of Artworks returned from addresses in the United Kingdom: refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer;

  (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

  (i) if you have received the Artwork and we have not offered to collect it from you: 14 days after the day on which we receive the Artwork back from you. For address details, see clause 1;

  (ii) if you have not received the Artwork or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

• If you have returned the Artworks to us under this clause because they are faulty or mis-described, we will refund the price of the Artworks in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Please note that we must have opportunity first to opt to collect the artwork from you.

• We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Artwork we may refund you in vouchers.

• If an Artwork has been delivered to you before you decide to cancel your Contract:

  (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, or return it to us at the address given in clause 1;

  (b) unless the Artwork is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Artworks to us. If the Artwork is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Artwork to you, these costs should not exceed the sums we charged you for delivery.;

• Because you are a consumer, we are under a legal duty to supply Artworks that are in conformity with this Contract. As a consumer, you have legal rights in relation to Artworks that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms.

12. DELIVERY

• Delivery within the UK will usually be within 5 working days, delivery to destinations outside of the UK will be by the most efficient appropriate method and usually within 30 days.

• Following placement of your order we will send you an email to confirm the estimated delivery date.

• Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.

• Delivery of an Order shall be completed when we deliver the Artworks to the address you gave us and the Artworks will be your responsibility from that time.

• You own the Artworks once we have received payment in full, including all applicable delivery charges.

13. INTERNATIONAL DELIVERY

• If you order Artworks from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

• You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

• You must comply with all applicable laws and regulations of the country for which the Artworks are destined. We will not be liable or responsible if you break any such law.

14. PRICE OF ARTWORKS AND DELIVERY CHARGES

• The prices of the Artworks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system.

• Prices for our Artworks may change from time to time, but changes will not affect any order you have already placed.

• The price of an Artwork includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Artworks in full before the change in VAT takes effect.

• The price of an Artwork does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

• Our site contains a large number of Artworks. It is always possible that, despite our efforts, some of the Artworks on our site may be incorrectly priced. If we discover an error in the price of the Artworks you have ordered we will contact you [in writing] to inform you of this error and we will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Artworks to you at the incorrect (lower) price.

15. HOW TO PAY

• You can pay for Artworks in either of the following ways:

  (a) using a debit card or credit card: we accept the following cards: Maestro UK, Mastercard, Solo, Visa, Vida Debit, Visa Electron and American Express.

  (b) using one of our Gift Vouchers

  (c) Bank Transfer

• Payment for the Artworks and all applicable delivery charges is in advance. We will not charge your debit card or credit card until you confirm your order.

• The following terms apply to purchases using our Gift Vouchers:

  (a) Each of our Gift Vouchers has a unique reference code. For purchases online, the code must be quoted.

  (b) Our Gift Vouchers may be exchanged for Artworks: where the Artwork(s) being purchased are of a higher total price than the Gift Voucher, you must pay the difference by debit card or credit card.

  (c) Where the Artwork(s) being purchased are of a lower total price than the Gift Voucher, the difference will be credited to you for use on your next purchase. No part of a Gift Voucher can be exchanged for cash.

  (d) Each of our Gift Vouchers is valid for 12 months from the date of issue, following which the Gift Voucher (and any credit referred to in (c) above) cannot be used in a purchase from us.

  (d) We do not accept liability for lost or stolen Gift Vouchers.

16. OUR LIABILITY IF YOU ARE A BUSINESS

    This clause only applies if you are a business customer.

• We only supply the Artworks for internal use by your business, and you agree not to use the Artwork for any resale purposes.

• Nothing in these Terms limits or excludes our liability for:

  (a) death or personal injury caused by our negligence;

  (b) fraud or fraudulent misrepresentation;

  (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

  (d) defective Artworks under the Consumer Protection Act 1987.

• Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Artworks.

17. OUR LIABILITY IF YOU ARE A CONSUMER

    This clause only applies if you are a consumer.

• If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

• We only supply the Artworks for domestic and private use. You agree not to use the Artwork for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• We do not in any way exclude or limit our liability for:

  (a) death or personal injury caused by our negligence;

  (b) fraud or fraudulent misrepresentation;

  (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

  (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

  (e) defective Artworks under the Consumer Protection Act 1987.

18. EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

• If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  (a) we will contact you as soon as reasonably possible to notify you; and

  (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

• You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Artworks you have already received and we will refund the price you have paid.

19. OTHER IMPORTANT TERMS

• We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

• may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

• is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

• Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

• If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Artworks through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-

  exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

• If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

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

• The Gallery will ensure that the cost of transport from the Gallery or directly from your location is added to the price of the artwork or if not added will be paid by the gallery.

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

• Copyright and Intellectual Property Rights
  • Your work is your original artistic work, it has not been copied from any other work and does not contain any copies, reproductions, adaptations or verisons of a third party’s work and does not otherwise infringe or violate any persons copyright, design right trademark or confidential information;
  • You are the sole owner of all rights, title and interest in the copyright in your work and that there are no current licences in force to any third party in relation to the reproduction of your work
  • Your work does not containe anything which is or would be in breach of applicable laws or infringes any third party rights (Such as obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred);
  • You agree to indemnify Gallery Different on demand against any loss or liability arising to Gallery Different or any of its directors, officers, employees out of the breach of any of the warranties above and against any breach of your obligations under these terms and conditions.

• Permitted Artworks:
  • Acceptable artworks are painting, sculpture, photography and mixed media. Sculpture can be unique or editioned. Limited Edition Prints are permitted. Unlimited multiples whether 3D or 2D are not acceptable.
• User Privileges
  • You must ensure that your Artist profile is kept up to date and that the information contained is accurate
  • Artworks must be accurately described with dimensions, media, weight, whether framed and images of artworks must be representative.
  • The price for your artwork must be the price that the artwork is usually sold for, must include commission for the Gallery which shall be the percentage of the sale price exclusive of vat which is notified to you on acceptance, and must include vat at the prevailing rate either on the whole of the price if you are vat registered, or on the Gallery Commission if you are not vat registered. In particular the same artwork on the same terms and conditions must not be available elsewhere at a lower price.
  • Images must have the extension png, jpg or bmp, and be no larger than 2Mb in size.
  • Artworks featured on the website may be advertised or promoted elsewhere provided that if an artwork sells other than via Gallery Different or ceases to be available for sale it is your responsibility to immediately amend your website entry. In the event that you have failed to make an artwork as sold, and a client of Gallery Different purchases the artwork via the gallery website, you will be liable for any costs or expenses incurred over and above the refund of the purchase price.
  • User privileges are solely for the appropriate promotion and representation of your work and must not be abused by aggressive promotion, marketing or sales techniques

• Sales Obligations
  • On a sale of an artwork via the website that is not in the physical stock of Gallery Different, you will arrange for the artwork to be securely packed for transit, where possible without compromising safety and security, ensuring that the packaging is light and the overall mass is not larger than necessary.
  • You acknowledge that the contract for sale is between the purchaser and the gallery and that you will not enter into any direct liaison discussion or communication with the purchaser unless expressly authorised to do so by us and that you will not include in any packaging any marketing materials and solicitation for business or contact details.
  • In the event that an artwork that you have packaged arrives damaged with the customer by reason of inadequate packaging, and is therefore not covered by the insurance in transit and where the artwork is capable of repair or restoration and where the purchaser is willing to continue with their purchase you agree to be responsible for such repair or restoration and indemnify the gallery against any costs associated with this

3. 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

4. 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.