TERMS & CONDITIONS
1.1 These Terms and Conditions govern your relationship with “Liminal Gallery” and apply to all quotations, offers, orders and contracts for sale of Goods. Please ensure that you read these Terms and Conditions carefully, and check that the details on any quotation, offer, order or contract and in these Terms and Conditions are complete and accurate. If you think that there is a mistake, please contact Liminal Gallery to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion.
1.2 Nothing in these Terms and Conditions affects the statutory rights of any consumer.
2.1 Any offer or acceptance of a quotation made by the Buyer will be deemed an offer to purchase the Goods governed by these Terms and Conditions.
2.2 No offer or acceptance of a quotation will be deemed a binding agreement of sale until confirmation with a written invoice has been issued by Liminal Gallery. Upon confirmation, these Terms and Conditions (as they may be amended by Liminal Gallery from time to time) form a binding agreement between the Buyer and Liminal Gallery.
2.3 Any Goods or services not confirmed by written invoice issued by Liminal Gallery are deemed additional work and must be agreed in writing signed by both parties. These Terms and Conditions are applicable to any additional work or additional sales to the Buyer by Liminal Gallery.
3. Purchase Price and Payment Methods
3.1 The purchase price shall be the price offered by Liminal Gallery and confirmed to the Buyer by written invoice issued by Liminal Gallery.
3.2 The purchase price includes the cost of packaging, delivery, VAT, sale, use, excise or similar duty which may be applied. Any fees, duty or taxes applied will be billed to and paid by the Buyer as set forth on the written invoice issued by Liminal Gallery.
3.3 All payment shall be made in British Pounds Sterling and the agreed price is due in full at the time the offered price is accepted and confirmed by invoice, unless agreed otherwise in writing.
3.4 The Buyer will have 10 working days from the date of invoice to make payment in full, unless agreed otherwise.
3.5 Ownership (legal title) of the product will not pass to Buyer until the accepted and confirmed price is paid in full by the Buyer and received by Liminal Gallery in cleared funds.
4.1 Although we shall make all reasonable efforts to ensure the accuracy of any information about the Goods displayed online (including on any website, Facebook page, Instagram profile, or any other online presence maintained by Liminal Gallery) or any physical exhibition or any other medium, we shall not be responsible if information made available by Liminal Gallery is not accurate, complete or current. Any material provided by Liminal Gallery is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on such material is at your own risk.
4.2 While we will on request explain the condition of the Goods at the time of the sale and provide any information in our possession about the condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Goods, however occasioned, after the sale.
4.3 Liminal Gallery warrants to the Buyer that the Good(s) is an authentic artwork(s) by that artist and the invoice, along with the artist's original signature on the Good(s), stand as proof of the authenticity of the work and no further certificates will be provided.
4.4 The Goods to be delivered shall be specifically described in the written invoice provided by Liminal Gallery.
4.5 In the event Liminal Gallery cannot source Goods acceptable to the Buyer because the ordered Goods are not available, the Buyer will have 7 days to provide written notice to cancel the order. Liminal Gallery will, upon receipt of such notice, refund moneys paid in full.
5. Product Delivery
5.1 Unless otherwise agreed by the parties, delivery of the Goods shall be to the Buyer’s home or business address.
5.2 Liminal Gallery will make its best effort to deliver the Goods by the agreed date or within a reasonable time if no dates are stated. All delivery dates are estimates only and time of delivery is not of the essence.
5.3 The Buyer must inspect the Goods upon delivery and advise Liminal Gallery of any defects within 10 working days of delivery date or all complaints as to defects are waived.
5.5 Risk of loss or damage to the Goods passes to the Buyer upon delivery.
6.1 If the Buyer is contracting as a consumer and has entered into a contract for the sale of Goods with Liminal Gallery by distance selling means (for example, via the telephone, by mail order or online), the Buyer has a statutory right to cancel for any reason and receive a full refund. The Buyer will receive a full refund of the price paid for the Goods in accordance with Liminal Gallery refunds policy (set out below). The Buyer’s statutory right to cancel a contract starts from the date of the written invoice issued by Liminal Gallery pursuant to clause 2.2 (when the contract between Liminal Gallery and the Buyer is formed). If the Goods have been delivered to the Buyer, the Buyer may cancel at any time within seven working days, starting from the day after the Buyer receives the Goods.
6.2 If the Buyer is contracting as a consumer and has cancelled the contract between it and Liminal Gallery within the seven-day cooling-off period (see clause 6.1 above), Liminal Gallery will process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the day on which the Buyer gave Liminal Gallery notice of cancellation. In this case, Liminal Gallery will refund the price of the Goods in full (except in the case of sealed Goods as described in clause 6.4), and any applicable delivery charges. However, the Buyer will be responsible for the cost of returning the item to Liminal Gallery.
6.3 In all other cases not covered by clause 6.1, the Buyer may return any Goods delivered at the Buyer’s cost within 7 days of receipt by giving written notification (by registered post or confirmed email) of intent to return to Liminal Gallery. If the Buyer decides to return the Goods, the Goods must be returned and received by Liminal Gallery within 7 days of receipt of confirmed notice of return from the Buyer. If the Goods are not received within 7 days of receipt of confirmed notice of return from the Buyer, the sale is deemed final and no returns of the Goods will be accepted.
6.4 With the Goods, the Buyer acknowledges that the Goods are unique, rare and of high value and that handling of said Goods can reduce the value of the Goods.
6.5 Once a sale is deemed final, no returns will be accepted and the Client hereby accepts and waives any claims he/she may have under English law or otherwise.
6.6 The Buyer is responsible for all delivery costs and insurance costs incurred for returned Goods.
6.7 Unless otherwise prohibited by English law, full reimbursement of the purchase price of the Goods, less insurance and delivery costs, shall be the Buyer’s sole remedy if the Goods are returned for any reason whatsoever.
7.1 The Buyer hereby agrees to indemnify Liminal Gallery and undertakes to keep Liminal Gallery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Liminal Gallery to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered arising out of any breach by Buyer of any provision of these Terms and Conditions or arising out of any claim that Buyer has breached any provision of these Terms and Conditions.
8.1 All notices shall be in writing and sent by registered post or email to the address of the recipient stated in any quotation, order or acknowledgement of order.
8.2 Notices shall be deemed to be received if sent by registered post, on the second day following the day of posting and, if sent by email, on day of transmission (if sent before 4:00pm).
9. Data Protection
9.1 Liminal Gallery will hold any personal information provided to it in confidence and in accordance with the Data Protection Act 1998 and other applicable data protection legislation. Liminal Gallery will use such personal information for the administration and servicing of your purchase and all other related activities; Liminal Gallery may disclose your personal information to its agents and service providers and other members of Liminal Gallery for this purpose.