Terms and Conditions

Terms and conditions

Our Terms
1. What these terms cover. These are the terms and conditions on which we supply products to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
3. Are you a business customer or a consumer? Some of your rights under these terms will be different depending on whether you are a business or consumer.
4. No person under the age of 18 years may purchase Goods.
DEFINITIONS
1. In this agreement:
  1. “Carrier” means any person or business contracted by us to carry Goods from us to you.
  2. “Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
  3. “Content” means any content in any form published on Our Website by us or any third party with our consent.
  4. “Goods” means any of the goods we offer for sale on Our Website, or goods we sell to you.
  5. “Our Website” means the entire computing hardware and software installation that is or supports our website.
  6. "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are. We are The Saturday Gallery. Our address is St Cuthbert’s Terrace, Hexham, Northumberland NE46 2EL.
2. How to contact us. You can contact us by telephoning us at 07914 588524 or by writing to us at [email protected].
3. How we may contact you. If we need to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.
OUR CONTRACT WITH YOU
1. This agreement contains the entire agreement between us and supersedes all previous agreements and understandings between us.
2. We each acknowledge that, in entering into this agreement, we do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3. The terms that apply to our relationship are those posted on Our Website on the day you order Goods from us. We advise you to print a copy for your records.
4. We may change these terms from time to time.
5. If, in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
6. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you.
7. Our acceptance of your order will take place when we have received payment in full and we dispatch the Goods to you, at which point a contract will come into existence between you and us.
8. We do not guarantee that Goods advertised on our website are available.
9. At any time before the Goods are despatched, we may decline to supply the Goods to you. This may be because the Goods are out of stock or because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified. We do however reserve the right to decline to supply the Goods without giving any reason.
10. If we decline to supply the Goods you order, for whatever reason, we will inform you of this. If this happens you may:
  1. accept any alternatives we offer; and/or
  2. cancel all or part of your order.
11. We will assign an order number to your order and tell you what it is. It will help us if you can tell us the order number whenever you contact us about your order.
OUR PRODUCTS
1. We may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
3. Products may vary slightly from their pictures. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products..
4. We give no warranty and make no representation, express or implied, as to:
  1. the quality or condition of the Goods;
  2. the correspondence of the Goods with any description;
  3. the fitness of the Goods for a particular purpose or the adequacy or appropriateness of the Goods for your purpose;
  4. the truth of any Content on Our Website;
  5. non-infringement of any right and/or compliance with any law.
YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Goods you have ordered please contact us. We will let you know if the change is possible.If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed with the change.

YOUR RIGHTS TO END THE CONTRACT
1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, when you decide to end the contract and whether you are a consumer or business customer.
2. If what you have bought is faulty or misdescribed you may have a legal right to end the contract. See Clause 10 if you are a consumer and Clause 11 if you are a business.
3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.3.1 to 7.3.4 below the contract will end immediately and we will refund you in full for any Goods which have not been dispatched. The reasons are:
  1. we have told you about a change to the Goods or these terms which you do not agree to;
  2. we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
  3. there is a risk that dispatch of the Goods may be significantly delayed because of events outside our control; or
  4. you have a legal right to end the contract because of something we have done wrong.
4. If you are a consumer and have just changed your mind about the Goods. If you are a consumer then you have 14 days after the day you (or someone you nominate) receives the Goods to change your mind and receive a refund. This is unless:
  1. your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery of the Goods.
  2. the Goods are for regular delivery over a set period in which case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Goods.
5. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), you can still end the contract before it is completed. The contract for the Goods is completed when the Goods have been paid for and dispatched. If you want to end the contract before it is completed, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Goods not dispatched.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER AND HAVE CHANGED YOUR MIND)
1. Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call us on 07914 588524 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
2. Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you, you must return them to us. You must post them back to us at the address we provide. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
3. When we will pay the costs of return. We will pay the costs of return:
  1. if the products are faulty or misdescribed;
  2. if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, if you are a consumer exercising your right to change your mind we may make the following deductions from the price:
1. We may reduce your refund of the price (excluding delivery costs) 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. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return a product to us, see Clause 17.

IF THERE IS A PROBLEM WITH THE GOODS

If you have any questions or complaints about the Goods, please contact us. You can telephone us on 07914 588524 or write to us at [email protected].

YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER
1. If you are a consumer nothing in these terms will affect your legal rights.
2. Any defect in the Goods must be reported to us within 14 days of becoming apparent.
3. Your obligation to return rejected Goods. If you wish to exercise your legal right to reject the Goods you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection provided you have called us on 07914 588524 or emailed us at [email protected] to make the appropriate arrangements.
YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
1. If you are a business customer we warrant that on delivery the Goods shall:
  1. conform in all material respects with their description;
  2. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  3. be fit for any purpose held out by us.
2. Subject to Clause 11.3, if:
  1. you give us notice in writing within a reasonable time of discovery that the Goods do not comply with the warranty set out in Clause 11.1;
  2. we are given a reasonable opportunity of examining the Goods; and
  3. you return the Goods to us at our cost,

we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

We will not be liable for a product’s failure to comply with the warranty in Clause 11.1 if:
1. you make any further use of the Goods after giving a notice in accordance with Clause 11.2.1;
2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
3. the defect arises as a result of us following any drawing, design or specification supplied by you;
4. you alter or repair the Goods without our written consent; or
5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal conditions.
Except as provided in this Clause 11, we shall have no liability to you in respect of any failure of the Goods to comply with the warranty set out in Clause 11.1.
These terms shall apply to any repaired or replacement Goods supplied by us under Clause 11.2.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
2. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 13.
3. If you fail to return the goods, within 14 days, we are entitled to arrange for their collection and to hold you responsible to repay to us the cost of collection.
4. We will refund any money owed to you within 14 days of receipt by us of the returned Goods.
5. We are retailers. We are not experts in any of the Goods we sell. You alone must decide whether the Goods are suitable for your requirements.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
2. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement
3. Except to the extent expressly stated in these terms, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
4. Subject to Clause 13.1:
5. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
6. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the purchase price of the Goods.
OUR RIGHTS TO END THE CONTRACT
1. We may end the contract for the Goods at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide Goods, for example details of the address to which the Goods are to be sent;
  3. you do not, within a reasonable time, allow us to deliver the Goods to you;
2. If we end the contract in the situations set out in Clause 14.1 we will refund any money you have paid in advance for Goods we have not dispatched.
3. We may withdraw the Goods. We will contact you to let you know that the Goods will be withdrawn and will refund any sums you have paid in advance for Goods which will not be dispatched.
DELIVERY AND PICK UP
1. Delivery costs. The costs of delivery will be as displayed on Our Website.
2. The Goods will be dispatched to the address stipulated in your order. You must ensure that someone is present to accept delivery.
3. We aim to dispatch Goods within 2 working days of receipt of payment for the Goods and confirmation of the address for delivery. We will dispatch the Goods to you as soon as reasonably possible and in any event within 30 days after the day on which you place your order, pay for the Goods and provide the information necessary for us to be able to dispatch the Goods to you.
4. If we are not able to deliver your Goods within such 30 day period, we shall notify you by e-mail to arrange another date for delivery.
5. If dispatch of the Goods is likely to be delayed then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but which have not been dispatched.
6. If you provide us with details of your e-mail address when you place your order we will send you a message by email to tell you when we have dispatched the Goods.
7. If we agree with you to dispatch the Goods on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
9. All goods must be signed for on delivery by an adult aged 18 years or over.
10. When your Goods arrive it is important that you check immediately the condition of the Goods. If your Goods have been damaged in transit, you must contact us immediately.
FOREIGN TAXES AND DUTIES
1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
GOODS RETURNED
1. We do not accept returns unless you buy as a consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
2. You must contact us to arrange for the Goods to be returned to us, if you have the right to return the Goods, as soon as any defect is discovered.
3. So far as possible, Goods should be returned:
  1. with both Goods and all packaging as far as possible in their original condition;
  2. securely wrapped;
  3. identifying you as the sender of the Goods;
  4. at your risk and cost.
4. If the Goods are being returned because they are faulty, please enclose a note clearly stating the fault and when it arose.
5. If delivery was made to a UK address, you are protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
6. If we agree that the Goods are faulty, we will:
  1. refund the cost of return carriage;
  2. repair or replace the item as we choose.
PRICE AND PAYMENT
1. The price of the product (which includes any applicable VAT) will be the price indicated on the order pages when you placed your order.
2. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you. If the correct price of the Goods at your order date is higher than the price stated to you, we will contact you for your instructions before we dispatch your order.
3. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
4. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
5. We accept payment with Paypal and by credit card via Paypal and Stripe. You must pay for the Goods before we dispatch them.
6. We will pass on changes in the UK rate of any applicable VAT. If the rate of VAT changes between your order date and the date we supply the Goods, 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.
7. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
8. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
9. If we owe you money we will credit the Paypal account used to pay for the Goods as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
10. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 1% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
SECURITY OF YOUR CREDIT CARD

We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us.We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment, using SSL security encryption.

HOW WE MAY USE YOUR PERSONAL INFORMATION
1. How we will use your personal information. We will use the personal information you provide to us:
  1. to supply the Goods to you;
  2. to process your payment for the Goods; and
  3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
2. We will only give your personal information to third parties where the law either requires or allows us to do so.
OUR WEBSITE
1. We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
2. As a condition of your use of Our Website, you agree to comply with these provisions.
3. You agree that you will not use or allow anyone else to use Our Website:
  1. to sell or promote any product or service without our express written consent;
  2. in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
  3. for spamming. Spamming includes, but is not limited to:
    1. the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
    2. the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
    3. excessive and repeated Posting off-topic messages to newsgroups
    4. sending age-inappropriate communications or Content to anyone under the age of 18.
4. You confirm that:
  1. you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of your use of Our Website;
  2. you will immediately notify us of any security breach or unauthorised use of your account.
5. You agree that you will not, and will not allow any other person to:
  1. violate or attempt to violate any aspect of the security of Our Website.
  2. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
  3. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
  4. download any part of Our Website, without our express written consent;
  5. collect or use any product listings, descriptions, or prices;
  6. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement
  7. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or is reasonably necessary for your use of our Website;
  8. for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
  9. use Our Website to hack into the computer of any other person or make contact with any other computer;
  10. make available or upload files that contain software or other material, data or information not owned or licenced to you, including pirated computer programs, pirated music or other media or links to any such files;
  11. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
  12. upload or republish any part of our Content on any Internet, intranet or extranet site.
  13. hide or remove the banner advertisements on any page of Our Website;
  14. share with a third party any login credentials to Our Website;
  15. use on Our Website software which assists in:
    1. data mining, extraction or collection;
    2. emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
    3. framing, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
    4. performing any automated operation;
6. If you are offended by any Content on Our Website you should contact us by e-mail at [email protected] to confirm the nature of your concern. We will investigate your concern and reserve the right to remove the offending Content, or to decide not to do so, as we consider appropriate.
7. You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
8. You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
INTELLECTUAL PROPERTY
1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
MISCELLANEOUS MATTERS
1. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
3. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
4. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
5. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by e-mail of by first class post or recorded delivery. It shall be deemed to have been delivered:
  1. if delivered by hand: on the day of delivery;
  2. if sent by post to the correct address: within 48 hours of posting;
  3. If sent by e-mail to the correct e-mail address: within 24 hours
8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9. Any product descriptions (including, but not limited to, the artist, media, substrate or date of the artwork) supplied by us regarding our products are purely our own opinion. We offer a money back guarantee should these prove to be inaccurate but we will not be liable for any financial loss resulting from any inaccuracies.
10. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.

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