These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms, which will apply at that time. These Terms were established on 15 September 2016 and revised on 3 May 2018. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1. We operate the website www.waddingtoncustot.com. We are WADDINGTON CUSTOT GALLERIES Ltd (Waddington Custot), a company registered in England and Wales under company number 872520 and with our registered office at 11 Cork Street, London, W1S 3LT.
Our main trading address is 11 Cork Street, London, W1S 3LT. Our VAT registration number is GB 239 0020 00.
1.2. Contacting us:
(a) If you wish to contact us for any reason, including any complaints you may have, you can contact us by telephoning our customer service team at 0207 851 2200 or by emailing us at email@example.com
(b) If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide us with in your order.
2. OUR PRODUCTS
2.1. The images of the Products 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 reflects the colour of the Products. Your Products may vary slightly from those images.
2.2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Site have a 2% tolerance.
2.3. The packaging of the Products may vary from that shown on images on our Site.
3. USE OF OUR SITE
3.1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3.3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
3.5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3.6. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
3.7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
3.8. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
3.9. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
5. AGE RESTRICTIONS
5.1. If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.
5.2. Certain Products on our Site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are under age, please do not attempt to order these Products through our Site.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1. Our shopping pages 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.
6.2. After you place an order, you will receive an email 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 as described in clause 6.3.
6.3. We will confirm our acceptance of your order by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4. If we are unable to supply you with a Product, for example, because that Product 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 11.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were establish, when these Terms were last updated and which Terms were changed. Every time you order Products 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 your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.2. 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 Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. YOUR CONSUMER RIGHT OF RETURN AND REFUND
8.1. To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will email you to confirm we have received your cancellation. You can also email us at firstname.lastname@example.org or contact our Customer Services team by telephone on 020 7851 2200 or by post to 11 Cork Street, London, W1S 3LT to return items. 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 email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
8.2. You have a legal right to cancel a Contract during the period set out below in clause 8.3. 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 a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order), 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 in the table below:
Your Contract is for a single Product (which is not delivered in instalments on separate days).
End of the cancellation period
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
8.4. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will email you to confirm we have received your cancellation.
You can also email us at email@example.com or contact our Customer Services team by telephone on 020 7851 2200 or by post to 11 Cork Street, London, W1S 3LT. 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 email or by post, then your cancellation is effective from the date you send us the email 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 email us before midnight on that day.
8.5. If you cancel your Contract we will:
(a) refund you the price you paid for the Products. 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) 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 (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(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 Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8;
(ii) if you have not received the Product 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.
8.6. If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.7. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
8.8. If a Product 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, return it to us in-store or hand it to our authorised carrier. Please see our contact page for our returns address. If we have offered to collect the Product from you, we will collect the Product from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
(b) you will be responsible for the cost of returning the Products to us, unless the Product is faulty or not as described (in this case, see clause 8.6). If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection.
8.9. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. SHIPPING AND DELIVERY
Packages are usually despatched within seven days after receipt of payment. Most parcels are shipped using DHL, although small and light parcels are shipped via the UK Post Office (Royal Mail). Shipments via DHL are trackable and require a signature upon delivery.
The cost of shipping includes all handling, packing and postage costs. The total shipping cost varies according to the weight and dimensions of the shipment. We will always seek to minimise the shipping costs whilst seeking to ensure that goods reach you undamaged.
These are the approximate DHL transit times for parcels after the parcels have been collected from the Gallery:
UK 2–3 working days
Europe 3–4 working days
North America 3–4 working days
Australia & Asia 4–-5 working days
Middle East & South America 4–5 working days
If a package has not arrived or products have arrived damaged in transit then please contact us immediately. We shall seek to resolve any issues as quickly as possible.
We will contact you with an estimated delivery date, which will be within 7–10 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
9.1. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us (or when you, or a carrier organised by you, collect them from us) and the Products will be your responsibility from that time.
9.3. You own the Products once we have received payment in full, including all applicable delivery charges.
9.4. If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.5. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.6. If you do choose to cancel your Order for late delivery under clause 9.5 or clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10. INTERNATIONAL DELIVERY
10.1. We deliver to most countries. However there are restrictions on some Products for certain International Delivery Destinations. Please contact us to make delivery arrangements and for an accurate shipping price.
10.2. If you order Products from our Site for delivery to one of the International Delivery Destinations, 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.
10.3. 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.
10.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1. The prices of the Products 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 Products are correct at the time when the relevant information was entered onto the system.
11.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3. The price of a Product 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 Products in full before the change in VAT takes effect.
11.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, or before you confirm your order via email.
11.5. Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product 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 Products to you at the incorrect (lower) price.
12. HOW TO PAY
12.1. You can only pay for Products using debit card or credit card.
12.2. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
(a) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(b) if you fail to operate or use the Products in accordance with the user instructions;
(c) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(d) any specification provided by you.
12.3. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
13. OUR LIABILITY
13.1. 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.
13.2. We only supply the Products for domestic and private use. You agree not to use the product 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.
13.3. 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 products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1. 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 below in clause 18.2.
14.2. An Event Outside Our Control means 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.
14.3. 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4. You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
15. COMMUNICATIONS BETWEEN US
15.1. When we refer, in these Terms, to “in writing”, this will include email.
15.2. You may contact us as described in clause 1.2.
16. OTHER IMPORTANT TERMS
16.1. Intellectual Property
All content included on the Website, including but not limited to products, images, website design, text, graphics, the arrangement thereof, all software compilations and source code, are the copyright or other intellectual property of Waddington Custot Galleries, Ltd or of its content and technology providers. All rights reserved.
Personal permission is granted to registrants to electronically copy and to print hard copy portions of The Shop for the sole purpose of facilitating the purchase of products from the Site.
Any other use of materials on the Gallery’s Site, including reproduction for purposes other than those noted above, modification, distribution, or republication for commercial use or otherwise without the prior written permission of Waddington Custot Galleries, Ltd, is strictly prohibited.
If you wish to reproduce any content for any other purposes including print, press, online use or broadcasting, then please direct your requests to firstname.lastname@example.org.
16.2. Complaints & Notices
If you have any concerns about Content which appears on the Site or complaints about or relating to the Site, the Services, or the products, please contact email@example.com.
When using the Site you accept that any communications with us will be mainly electronic and you agree that such electronic communications will satisfy any legal requirement that such communications be in writing. Any notices to be given by either you or us pursuant to or in connection with the User Agreement shall be deemed sufficiently given by us to you when posted on the Site, forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given to us in your application to become a Registered User, or such other email address as you may later provide to us, and when given by you to us at the following e-mail address: firstname.lastname@example.org. Notice will be deemed received and properly served immediately when posted on the Site, or 24 hours after an e-mail or facsimile is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail or facsimile, that such e-mail or facsimile was sent to the specified e-mail address or fax number of the addressee.
16.3. 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 in writing or by posting on this webpage if this happens.
16.4. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
These Terms, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Waddington Custot Galleries, Ltd as to your use of the Waddington Custot e-shop website, superseding all prior or contemporaneous communications and/or proposals. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
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.
Please note that these Terms are governed by English law. This means a Contract for the purchase of Products 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.