Terms of business

Your attention is drawn in particular to the provisions of clause 7 (title and risk) and clause 10 (limitation of our liability).

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell books, prints, photographs and other works on paper (“Items”), including sales through our website (“our site”) by telephone orders or in person.

These Terms will apply to any contract between us for the sale of Items to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before purchasing any Items from us. Please note that by purchasing any of our Items, you agree to be bound by these Terms and the other documents expressly referred to in them.

When purchasing Items from our site, please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Items from our site.

You should keep a copy of these Terms for future reference.

We amend these Terms from time to time as set out in Clause 4. Every time you wish to purchase Items, please check these Terms as available on our site, to ensure you understand the Terms which will apply at that time.

INFORMATION ABOUT US

1. We are trading as Ayton West Gallery, a business that is operating as a Sole Trader by EJA Purches of Bont Dolgadfan, Powys, SY19 7AT ).
2. Please use the contact form on our site:https://www.aytonwestgallery.co.uk.

AUTHENTICITY, DESCRIPTIONS AND AVAILABILITY

1. Please note that the guarantee in this clause 2 is subject to the limitation of our liability at clause 10.
2. You agree to purchase all Items on the basis of their description on our site or catalogues or as otherwise provided to you.
3. We guarantee that all Items are complete unless otherwise stated in their descriptions. All Items can be assumed to be in good condition, unless stated otherwise.
4. All Items carry a full guarantee as to their authenticity. A certificate to this effect can be provided on request. Dimensions are given height by width of the platemark or, if this is not possible, of the printed image.
5. The images of the Items 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 Items. Your Items may vary slightly from those images.
6. As our stock is always changing, price and availability of Items is subject to change without notice and all Items are offered subject to prior sale. In order to obtain the most up to date information as to the price and availability of Items, please contact us by phone on: +44 (0)7545188941.

FORMATION OF A CONTRACT BETWEEN YOU AND US

1. These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. After you place an order (which may be in person with a member of our staff, by telephone, email or via the online ordering process on our site), we will check our stock and endeavour to confirm acceptance of your order by email or other means (“Order Acceptance”). If we fail to confirm acceptance, but proceed with dispatching your order, Order Acceptance will be deemed to take place when your items are dispatched. The Contract between us will only be formed when we communicate the Order Acceptance or, if sooner, when we dispatch the Item(s) included in your order.
3. If we are unable to supply you with an Item, for example because that Item is not in stock or no longer available or because of an error in the price on our site as referred to in Clause 8.5, we will inform you of this by email, telephone or in person and we will not process your order. If you have already paid for the Items, we will refund you the full amount as soon as possible.

OUR RIGHT TO VARY THESE TERMS AND PRICE

We may revise these Terms from time to time.

Every time you purchase Items from us, the Terms in force at that time will apply to the Contract between you and us. The current Terms in force will be available on our site.

RETURN AND REFUND

1. You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in Clause 5.2. 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 an Item, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
2. Your legal right to cancel a Contract starts from the date of the Order Acceptance, which is when the Contract between us is formed. If the Items have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Items. Working days means that Saturdays, Sundays or public holidays are not included in this period. You may return Items to us because they are faulty or mis-described.
3. If you return Items to us, we will refund the price of a defective Item in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
4. To cancel a Contract, please contact us in writing to tell us by sending an email to joe@aytonwest.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
5. You will receive a full refund of the price you paid for the Items and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in Clause 6.
6. We refund you on the credit card or debit card used by you to pay.
7. If the Items were delivered to you: you must return the Items to us as soon as reasonably practicable; unless the Items are faulty or not as described (in this case, see Clause 5.3), you will be responsible for the cost of returning the Items to us or, where relevant, the cost of us collecting the Items from you (which will be notified before collection); you have a legal obligation to keep the Items in your possession and to take reasonable care of the Items while they are in your possession.

DELIVERY

1. Postage or shipping will be at your expense and we will notify you of the exact amount. Deliveries to mainland UK will normally be sent by “Next Day Delivery” service. Overseas shipments will be sent by courier with full tracking details. Unless otherwise instructed, all shipments will be insured in transit at our expense.
2. Delivery will be completed when we deliver the Items to the address you gave us.
3. If no one is available at your address to take delivery, we will notify you that the Items have been returned to our premises, in which case, please contact us to rearrange delivery.
4. For high-value individual Items current UK & EU export licensing regulations apply.
5. If you order Items from our site for international delivery, 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.
6. 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.
7. You must comply with all applicable laws and regulations of the country for which the Items are destined. We will not be liable or responsible if you break any such law.

TITLE AND RISK

The risk in the Items shall pass to you on completion of delivery.

Title to the Items shall not pass to you until the receiving payment in full (in cash or cleared funds) for the Items, in which case title to the Items shall pass at the time of payment of all such sums.

PRICE OF ITEMS AND DELIVERY CHARGES

1. The prices of the Items will be as quoted on our site or catalogues from time to time or as otherwise communicated to you by a member of our staff. We take all reasonable care to ensure that published prices of Items are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Item(s) you ordered, please see Clause 8.5 for what happens in this event.
2. Prices for our Items may change from time to time, but changes will not affect any order which we have confirmed with an Order Acceptance.
3. At this time Ayton West Gallery is not VAT registered. Should the status change then all prices will include VAT.
4. The price of an Item 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 Items in full before the change in VAT takes effect.
5. Our site contains a large number of Items. It is always possible that, despite our reasonable efforts, some of the Items on our site or catalogue may be incorrectly priced. If we discover an error in the price of the Items you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Item 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 unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Items to you at the incorrect (lower) price.

HOW TO PAY

You can only pay for Items by credit or debit card using the payment gateway on the website.

Payment for the Items and all applicable delivery charges shall, unless specifically agreed otherwise, be made in advance of us dispatching the Items to you.

LIMITATION OF OUR LIABILITY

1. Nothing in these Terms limit or exclude our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation;
   3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective Items under the Consumer Protection Act 1987.
2. Subject to Clause 10.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
   1. any loss of profits, sales, business, or revenue;
   2. loss or corruption of data, information or software;
   3. loss of business opportunity;
   4. loss of anticipated savings;
   5. loss of goodwill; or any indirect or consequential loss.
3. Subject to Clause 10.1 and Clause 10.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Items. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Items, except as expressly stated on our site or these Terms. 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 be responsible for ensuring that the Items are suitable for your purposes.

COMMUNICATIONS BETWEEN US

1. When we refer, in these Terms, to “in writing”, this will include email.
2. Any notice or other communication given by you to us under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
3. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by email, one Business Day after transmission; or, if posted on our website, immediately.
4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

OTHER IMPORTANT TERMS

1. 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 our site if this happens.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
4. 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.
5. 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 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.
6. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
7. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).