1. Introduction
1.1 These Terms and Conditions govern your relationship with “The Drang Gallery” and apply to all quotations, offers, orders and contracts for sale of Goods.
1.2 By using our website and services you accept these Terms and Conditions in full.
1.3 Should you have any disagreements with these Terms and Conditions then you must cease using our website.
1.4 In these Terms and Conditions, for the avoidance of doubt:
Buyer – applies to the purchaser or goods and/or services from The Drang Gallery.
The Drang Gallery – applies to the company providing the goods and/or services under the trading name The Drang Gallery Limited, a company registered in England and Wales under company number 8475087 registered under the address 7-9 South Quay, Padstow, Cornwall PL28 8BL.
Goods – applies to the goods and/or services to be sold to the Buyer by The Drang Gallery, either all or part of them as set out in the written invoice issued by The Drang Gallery in accordance with clause 2.2;
Terms and Conditions – applies to the terms and conditions outlined in this document.
1.3 These Terms and Conditions act as the absolute constitute of the parties and take the place of any and all prior discussions, negotiations, and agreements, whether oral or written.
1.4 No amendments of the Terms and Conditions is valid unless it is provided in writing and in agreement to by all parties.
1.5 The Terms and Conditions are governed by the laws of England as to all matters, including, but not limited to, matters of validity, construction, effect and performance and both parties agree to the exclusive jurisdiction of the English courts.
1.6 Nothing in these Terms and Conditions affects the statutory rights of any consumer.
1.7 A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
2. Order
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 The Drang Gallery. Upon confirmation, these Terms and Conditions (as they may be amended by The Drang Gallery from time to time) form a binding agreement between the Buyer and The Drang Gallery.
2.3 Any Goods or services not confirmed by written invoice issued by The Drang Gallery are deemed additional work and must be agreed in writing signed by both parties and are subject to additional fees. These Terms and Conditions are applicable to any additional work or additional sales to the Buyer by The Drang Gallery.
3. Purchase Price and Payment Methods
3.1 The purchase price shall be the price offered by The Drang Gallery and confirmed to the Buyer by written invoice issued by The Drang Gallery.
3.2 The purchase price may include the cost of packaging materials, delivery, VAT, or similar duty where appropriate. Any fees, duty or taxes applied will be billed to and paid by the Buyer.
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 Ownership of the product will not pass to Buyer until the accepted and confirmed price is paid in full by the Buyer and received by The Drang Gallery in cleared funds.
4. Deposit Payments
4.1 Following the confirmation of the purchase price by The Drang Gallery the Buyer may reserve the Goods (at the discretion and agreement of The Drang Gallery) through payment of a minimum 10% deposit of the total purchase price of the Goods.
4.2 In the event the Buyer is securing Goods which are commissioned or considered bespoke, the Buyer may reserve the Goods (at the discretion and agreement of The Drang Gallery) through payment of a minimum 50% deposit of the total purchase price of the Goods.
4.3 Deposits of any amount are considered non-refundable and can be transferred to the sale of other Goods and must be agreed in writing signed by both parties and are subject to additional fees. Deposits are only considered refundable in accordance with clauses 4.3, 5.4, 6.2 unless agreed at the discretion of The Drang Gallery.
4.4 Deposit payments will be held for a maximum period of 12 months from date of cleared funds, after which they are null and void and cannot be used to transfer to the sale of other Goods.
5. Goods
5.1 The Goods to be delivered shall be specifically described in the written invoice provided by The Drang Gallery.
5.2 In the event the specific Goods are not available as of the date the order is confirmed by written invoice, The Drang Gallery agrees to source Goods of similar or greater quality.
5.3 In the event The Drang Gallery cannot source Goods acceptable to the Buyer because the ordered Goods are not available, the Buyer reserves the right to provide written notice to cancel the order. The Drang Gallery will, upon receipt of such notice, refund any monies paid in full.
5.4 The Buyer agrees and understands that all information provided within advertising issued by The Drang Gallery, along with any photographs or descriptions of goods, are provided for the sole purpose of giving an approximate idea of the Goods described in them.
6. Product Delivery
6.1 Delivery of Goods shall be to the address specified by the Buyer.
6.2 The Goods may be delivered framed or unframed. The frame will encase the product and does not act as actual delivery packaging for the Goods. The client acknowledges that the Goods are considered high value, such as unique or original Goods, and that the Buyer assumes full responsibility for the goods upon delivery.
6.3 The Drang Gallery will make its best effort to deliver the Goods by the agreed date or within a reasonable time if no specific date is requested. All delivery dates are estimates only and the Buyer understands that unforeseen delays can occur that affects delivery. The Drang Gallery will then seek to fulfil delivery at the next opportunity without exceeding reasonable cost.
6.4 The Buyer must inspect the Goods upon delivery and advise The Drang Gallery in writing of any defects within 10 working days of delivery date. If the Buyer does not notify The Drang Gallery in writing of any defects within 10 working days of delivery date the Buyer waives their right to monetary compensation provided by The Drang Gallery, unless specified otherwise by The Drang Gallery.
6.5 Risk of loss or damage to the Goods passes to the Buyer upon delivery.
6.6 The Buyer may request for the Goods to pass into the possession of an approved third party. Risk of loss or damage to the Goods passes to the Buyer upon delivery to this approved individual/organisation.
6.7 The Buyer must assume responsibility for the acceptance, transit, and delivery of the Goods via a third party courier or shipping company recommended by the Buyer and not recommended by The Drang Gallery. The Drang Gallery does not assume responsibility for any damage caused to the Goods when transported by a courier not approved by The Drang Gallery.
7. Returns
7.1 If the Buyer has entered into a contract for the sale of Goods with The Drang Gallery via the telephone, by mail order or online, the Buyer has a statutory right to cancel for any reason within 14 days and receive a full refund. The Buyer will receive a full refund of the price paid for the Goods in accordance with The Drang 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 The Drang Gallery in accordance with clause 2.2. 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.
7.2 If the Buyer has cancelled the contract between Buyer and The Drang Gallery within the seven-working-day cooling-off period The Drang Gallery will process the refund due to the Buyer within 30 days of notice of cancellation. The Drang Gallery will refund the price of the Goods in full and any applicable delivery charges. However, the Buyer will be responsible for the cost of returning the item to The Drang Gallery, along with any other associated costs including but not limited to processing, restocking, and logistics. Any additional associated costs will be confirmed to the Buyer by The Drang Gallery prior to processing the refund.
7.3 The Buyer acknowledges that the Goods are considered high value, such as unique or original Goods, and that the Buyer shall assume fiscal responsibility for any defects caused to the Goods while in their responsibility.
7.4 The Buyer is response for all delivery costs and insurance costs incurred for returned Goods.
7.5 Unless otherwise prohibited by English law, full reimbursement of the purchase price of the Goods, less insurance and return costs, shall be the Buyer’s sole remedy if the Goods are returned for any reason whatsoever.
8. Termination of Contract
The Drang Gallery reserves the right to terminate this agreement if the Buyer fails to make payment when due or substantially breaches any other obligation of these Terms and Conditions. The Drang Gallery may notify the Buyer in writing of such termination and recover from the Buyer payment for Goods sold or work completed. The Buyer is liable for any and all costs incurred by The Drang Gallery in connection with collection of such unpaid funds.
9. Force Majeure
Provision of Goods supplied to the Buyer covered by the Sales Agreement is contingent upon the non-occurrence of strikes, accidents, delays of carriers, delays of delivery, delay of personnel or other causes unavoidable or beyond the control of The Drang Gallery. If performance of the Sales Agreement or any obligation under the Sales Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“force majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
10. Liability
10.1 If The Drang Gallery fails to comply with these Terms and Conditions, it will be responsible for loss or damage that the Buyer suffers which is a foreseeable result of The Drang Gallery’s breach of the Terms and Conditions or its negligence, but it is not responsible for:
10.1.1 any loss or damage that is not foreseeable;
10.1.2 any loss which that is not caused by a breach of The Drang Gallery or its agents or employees; and
10.1.3 any business losses, or losses to parties who are not consumers.
Loss or damage is foreseeable if they were an obvious consequence of The Drang Gallery’s breach or if they were contemplated by both parties at the time the contract is entered into.
10.2 Nothing in these Terms shall limit or exclude The Drang Gallery liability for:
10.2.1 death or personal injury resulting from its negligence;
10.2.2 defective products under the Consumer Protection Act 1987;
10.2.3 for fraud or fraudulent misrepresentation;
10.2.4 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.2.5 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
10.2.6 defective products under the Consumer Protection Act 1987.
10.7 In any event, the total liability of The Drang Gallery in respect of breach of any contract for the sale of Goods or any representation given in connection with such a contract, whether in contract, tort (including negligence), statute or otherwise shall be limited to the purchase price for the Goods.
11. Disclaimer
11.1 This legal notice should be read as an extension of any Terms and Conditions of The Drang Gallery. The Drang Gallery is not authorised or regulated by the FCA (Financial Conduct Authority). Works of art are not investments of a specified kind within the scope of the Financial Services and Markets Act 2000 nor are they controlled investments subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by The Drang Gallery relates to the sale of works of art and their value. The Drang Gallery does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market 2000.
11.2 The information and services described in any marketing materials or the website are not intended to be used by or to be available to persons from outside the United Kingdom.
11.3 The value of works of art and the income derived from them may go down as well as up and you may not receive back all the money which you invest.
11.4 The services described or recommended in our marketing materials or on the website may not be suitable for all people. You should seek your own professional advice as to the suitability of any such investment or service before you enter into any transaction.
11.5 Any information relating to past valuation of Art is not necessarily a guide to future performance.
11.6 Fluctuations in the rate of exchange may have an adverse effect on the value, price or income of non-sterling denominated Art.
11.7 The information contained in our marketing materials or the website is not intended to be an offer to buy or sell securities, and this website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the FCA.
12. Data Protection
The Drang 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. The Drang Gallery will use such personal information for the administration and servicing of your purchase and all other related activities.
13. Copyright and Confidentiality
Copyright, trademarks, database rights and all similar rights in this website and marketing materials are owned by The Drang Gallery, its licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of The Drang Gallery. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of The Drang Gallery or any third party.
