Terms & Conditions – Art Sales
STANDARD TERMS OF SALE
23 September 2020
Thanks for visiting our website, www.bricksbristol.org (the “Website”). The Website is operated by Bricks Trading Limited, a company incorporated in England and Wales with company number 12359038 and having its registered office at 84 West Street, Old Market, Bristol, BS2 0BW (“Bricks Trading”), for and on behalf of itself and Bricks, a charitable incorporated organisation with registration number 1183118 (“Bricks CIO”, and together with Bricks Trading, “we,” “us,” or “our”).
Through the Website we, among other things, provide a marketplace that enables you to purchase artwork listed on the Website (“Listed Artwork“) directly from artists (each an “Artist”) participating in the artist network for visual artists based in the West of England established and administered by Bricks CIO. We do not sell the Listed Artwork to you, but we act as an agent on behalf of the Artist to allow you to conclude a contract with the Artist, on the terms set out below. This page (together with the documents expressly referred to on it) provides information about us and the legal terms and conditions on which Listed Artworks are sold to you by the Artist. These terms govern your use of the Website and will apply to any contract for the sale of Listed Artworks to you by the Artist (“Contract”).
Your use of the Website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, you should not access or use the Website. By ordering a Listed Artwork, you agree to be bound by these terms and the other documents expressly referred to in them. We reserve the right to make changes to the Website and to these terms from time to time. When we make changes, we will post them here. Bricks Trading provides you with access to and use of the Website subject to your compliance with the terms.
1. The Artist: The Artist is the person listed as the Artist on the description of the Listed Artwork.
2. Listed Artworks: The images of the Listed Artworks on the Website 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 will accurately reflect the colour of the Listed Artworks. All Listed Artworks shown on the Website are subject to availability.
4. Consumers: If you are a consumer, you may only purchase Listed Artworks from the Website if you are at least 18 years old. As a consumer, you have legal rights in relation to Listed Artworks that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
5. Business Customers: If you are not a consumer, you confirm that you have authority to represent any business on whose behalf you use the Website to purchase Listed Artworks. These terms and any document expressly referred to herein constitute the entire agreement between you, the Artist and us. You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on behalf of us set out in these terms or any document expressly referred to within them.
6. The Contract: After you place an order, you will receive an e-mail from us acknowledging that we have received your order. When you place an order for a Listed Artwork, we will require your payment details in order to pre-authorise payment with your bank, but your payment will not be charged until we have confirmed availability of the Listed Artwork to you.
Availability will be confirmed to you within 7 days (“Order Confirmation”). Once you have our Order Confirmation, a binding contract will then be formed between you and the Artist for purchase of the Listed Artwork and your payment will be processed. You shall receive a dispatch confirmation from us once your Listed Artwork has been dispatched for delivery (“Dispatch Confirmation”).
If the Artist is unable to supply you with a Listed Artwork we will inform you of this by e-mail and we will not process your order. If the Listed Artwork is not available the payment pre-authorisation will be removed and your bank details will not be retained.
If following Order Confirmation and process of your payment the Listed Artwork is no longer available you shall be refunded any payment taken from you using the credit or debit card you used to pay for the Listed Artwork.
7. Cancellation Rights – Consumers Only: If you are a consumer, you have a legal right to change your mind and cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Listed Artwork, you can notify us of your decision to cancel the Contract and receive a refund. You do not have the right to change your mind and cancel the Contract where a Listed Artwork has been made to your specifications and is clearly personalised.
You may cancel a Contract from the date you receive the Order Confirmation. If the Listed Artwork has already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day you receive the Listed Artwork.
To cancel a Contract you must contact us in writing by sending an e-mail to email@example.com.
If you have received the unwanted Listed Artwork once you have changed your mind, you must pay the cost of returning it to us unless we have agreed otherwise. We will process the refund due to you using the credit or debit card you used to pay for the Listed Artwork and refunds will be processed no later than 14 days after either (i) the Artist received the returned Listed Artwork; or (ii) the day on which you provide evidence to the Artist that the Listed Artwork has been returned.
If the Listed Artworks were delivered to you: (i) you must return the Listed Artworks to the Artist in accordance with the [Returns Policy][link] and within 14 days of receipt, unless the Listed Artworks were split into different deliveries over different days in which case you must return the Listed Artworks within 14 days from the date the last Listed Artwork was received, in the original packaging and including any certificates provided with the Listed Artwork; (ii) you have a legal obligation to keep the Listed Artworks in your possession and to take reasonable care of the Listed Artworks while in your possession. If the value of the Listed Artwork is diminished as a result of your handling of the Listed Artwork beyond what is necessary to establish the nature, characteristics and functioning of the Listed Artwork, we may, on behalf of the Artist, recover that amount from you, up to the value of the Listed Artwork, by either: (a) deducting that amount from the refund due to you; or (b) otherwise requiring you to reimburse this amount.
If you have returned the Listed Artwork because it is faulty or mis-described, we will refund the price of the Listed Artwork in full, and any applicable delivery charges.
As a consumer, you will always have legal rights in relation to Listed Artworks that are faulty or not as described. The Artist is under a legal duty to supply Listed Artworks that are in conformity with the Contract. Nothing in these terms will affect your legal rights. For detailed information please visit the [Citizens Advice website][link] or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
8. Our Cancellation Rights: We may end the Contract for a Listed Artwork at any time by writing to you if you do not, within a reasonable time (i) provide us with information that is necessary for us to provide the Listed Artwork following a request by us for the information from you; or (ii) allow Bricks to deliver the Listed Artwork to you. If we end the Contract in the situations set out above, Bricks will refund any money you have paid in advance for Listed Artworks we have not provided.
9. Delivery: Where possible, the cost of delivery shall be as notified to you before you place your order and charged through the Website. Where this is not possible we will contact you to arrange delivery and arrange payment for delivery together with the Order Confirmation.
Bricks shall deliver the Listed Artwork to you as soon as reasonably possible and in any event within 30 days after the Order Confirmation is received. If the supply of the Listed Artworks is delayed by an event outside Bricks’ control then Bricks shall contact you as soon as reasonably practicable to let you know and Bricks shall take reasonable steps to minimise the effect of the delay. Provided Bricks does this Bricks shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may end the Contract and receive a refund for any Listed Artwork you have paid for but not received.
Delivery will be completed when the Listed Artworks are delivered to the address you gave us.
You own the Listed Artwork once we have received payment in full, including all applicable delivery charges. The Listed Artwork will be your responsibility from the completion of delivery.
We may need certain information from you so that we can supply the Listed Artwork to you, for example, your full name, address, email address and contact telephone number. If so, this will have been notified to you before you place your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying Listed Artworks late or not supplying any part of them if this is caused by you giving us the information we need within a reasonable time of us asking for it.
10. Sale Price and Delivery Charges: The prices of the Listed Artwork will be the price as quoted on the Website. We take all reasonable care to ensure that the price of the Listed Artwork advised to you is correct.
Prices for Listed Artworks may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
The price of a Listed 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 the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
The price of a Listed Artwork does not include delivery charges. Where possible the delivery charge is listed and charged with your purchase however for some Listed Artworks we will need to contact you after your purchase to provide a quotation for and charge for delivery..
Please note that if any pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing: we (i) in the event that your order has not yet been processed, do not have to provide the Listed Artwork to you at the incorrect (lower) price; or (ii) in the event that your order has been processed, may end the contract, refund you any sums you have paid and require the return of the Listed Artwork provided to you.
11. Payment: You can pay for Listed Artworks using a variety of methods including debit card or credit card and wallets through Stripe.
12. Liability to Businesses: Nothing in these terms shall limit or exclude our liability or the Artist’s liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (ii) defective products under the Consumer Rights Act 2015.
Subject to the above, neither we nor the Artist be liable to any business, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii)) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
Except as expressly stated in these terms, we do not and the Artist does not give any representation, warranties or undertakings in relation to the Listed Artworks to any business. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not and the Artist will not be responsible for ensuring that the Listed Artworks are suitable for any business’s purposes.
13. Liability to Consumers: To the extent that you are a Consumer, if we or the Artist fail to comply with these terms, we or the Artist (as appropriate) are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or negligence, but we / the Artist are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and us / the Artist at the time we entered into the Contract.
Listed Artworks are supplied to consumers for domestic and private use only. You agree not to use the Listed Artwork for any commercial, business or re-sale purposes. Neither we nor the Artist have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not and the Artist does not in any way exclude or limit our liability to you where it would be unlawful to do so under the terms set out in the Consumer Rights Act 2015.
14. Events Outside of Our Control: Neither we nor the Artist will be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by any act or event beyond 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 pandemic 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 of our control referred to above takes place that affects the performance of our or the Artist’s obligations: (i) you will be contacted as soon as reasonably practicable; and (ii) the obligations will be suspended and the time for performance will be extended for the duration of such event. Where the event affects delivery of Listed Artworks to you, a new delivery date will be arranged with you after the event is over.
15. Communications: If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16. Transfer: We and/or the Artist may transfer rights and obligations under a Contract to another organisation. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these terms or any guarantees you are entitled to in relation to the Listed Artwork.
17. Severability: 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.
18. Governing Law and Jurisdiction: These terms and all Contracts and any dispute or claim arising out of or in connection with these terms or any Contract or their subject matter or formation (including non-contractual disputes or claims), are governed by English law. You, we and the Artist agree that the courts of England and Wales shall have exclusive jurisdiction, in the case of a business, or non-exclusive jurisdiction, in the case of a consumer. If you are a consumer resident of Northern Ireland you may bring legal proceedings in respect of the Listed Artworks in Northern Ireland or the English Courts. If you are consumer resident of Scotland, you may bring legal proceedings in either Scottish or English courts.
19. Variation: We may revise these terms from time to time in the following circumstances: (i) changes in how we accept payment from you; (ii) changes in how we conduct business; or (iii) changes in relevant laws and regulatory requirements. Every time you order a Listed Artwork from the Website, the terms in force at that time will apply to the Contract. We will provide a permanent copy of these terms with the Order Confirmation.