Website Terms & Conditions
1. Introduction
These terms and conditions govern your use of Wingates Gallery Limited and Wingates Gallery (Leicester) Limited website (www.wingatesgallery.co.uk); by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website
2. Intellectual Property Rights
Unless otherwise stated, we, our artists, or our clients own the intellectual property rights in the website and/or material on the website. Subject to the licence below, all these intellectual property rights are reserved.
3. Licence To Use Website
You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions below. You must not:
- 3.1 Republish material from this website (including republication on another website);
- 3.2 Sell, rent or otherwise sub-license material on the website;
- 3.3 Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- 3.4 Edit or otherwise modify any material on the website;
- 3.5 Redistribute material from this website except for content specifically and expressly made available for
redistribution. Where content is specifically made available for redistribution, it may only be redistributed
within your business or to your clients for presentation only.
4. Limitations Of Liability
The information on this website is provided free-of-charge and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
5. Restricted Access
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
6. Website Usage
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.Â
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
7. Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
8. Entire Agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website.
9. Law And Jurisdiction
This notice will be governed by and construed in accordance with English law and any disputes relating to this notice
shall be subject to the exclusive jurisdiction of the courts of England.
10. Our Contact Details
The full name of our companies are:
Wingates Gallery Limited Registered in England & Wales under registration number 10647271. Our trading and registered office address is 44a St Mary’s Road, Market Harborough, LE16 7DU, United Kingdom. Wingates Gallery (Leicester) Limited registered in England & Wales under registration number 12176311. Our trading address is 27 Loseby Lane, Leicester, LE1 5DR, United Kingdom. Our registered office address is 44a St Mary’s Road, Market Harborough, LE16 7DU.
Wingates Gallery Limited Customer Terms & Conditions Of Use
1. Introduction
2.1 In respect of an order made through Wingates Gallery website, the maximum order quantity for any one item is five. Select the number of items you wish to buy, then click on checkout and enter your personal details. Your order will then be sent to Wingates Gallery by e-mail. You can also order by telephone on +44 (0)1858 465455.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All prices are subject to VAT where applicable.
2.3 If the Goods are to be delivered by Wingates Gallery and we elect to invoice on or after delivery, you shall pay the invoice in full and in cleared funds within 5 Business Days from the date of the invoice. Payment shall be paid to the bank account nominated in writing by Wingates Gallery. Time for payment is of the essence.
2.4 Wingates Gallery may at its sole discretion offer for you to pay for an item with a cost of over £500 by a financing option at 0%APR with repayments spread over 4 months. With this method you can secure a painting or sculpture with a deposit of 50% of the value. The goods will remain in the possession of Wingates Gallery until the balance payment has been completed. There is no additional charge for this service.
2.5 If Wingates Gallery agrees at its sole discretion to allow you to make payment of the Goods by way of instalments, if you fail to make an instalment payment when due, you are treated as having breached the contract terms and Wingates Gallery will be entitled to refund the instalments received and resell the Goods at whatever price Wingates Gallery decides.
2.6 If you order bespoke commissioned goods and pay a deposit on ordering, the balance of the purchase price shall be due and payable on Wingates Gallery notifying you that the goods are ready for collection. Failure by you to pay the balance of the price will result in the you forfeiting your deposit.
2. Orders and Prices
2.1 In respect of an order made through Wingates Gallery website, the maximum order quantity for any one item is five. Select the number of items you wish to buy, then click on checkout and enter your personal details. Your order will then be sent to Wingates Gallery by e-mail. You can also order by telephone on +44 (0)1858 465455.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All prices are subject to VAT where applicable.
3. Delivery And Collection
3.1 Delivery of the Artwork shall be made by you collecting the Artwork from the premises of Wingates Gallery at the time of purchase or at any other date and time so agreed.
3.2 If you purchase the Artwork through the Internet or Mail Order, items can either be collected or delivery may be made by Wingates Gallery to the address specified in your order subject to distance. If distance is too great for personal delivery by Wingates Gallery, delivery will be made through one of our preferred couriers for UK orders. International courier services for non-UK orders are also available. Delivery charges will be specified separately, if applicable, when your order is placed then included in the total amount due. Please allow up to 10 working days for delivery.
- 3.2.1 No item, either picture or sculpture, will be delivered by courier services if it contains glass or is framed using glass. This is to prevent damage to the glass and/or the picture caused by breakage of the glass.
3.3 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the courier, or delivery in person has occurred by a member of Wingates Gallery staff.
3.4 Where you request for delivery other than in accordance with condition 3.1, Wingates Gallery shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
3.5 Upon receipt of your goods, you have the responsibility for thoroughly checking that the goods have arrived in good order. In the unlikely event that you find damage to the goods, you are to advise Wingates Gallery with photographic support of the damage and return the goods to Wingates Gallery without delay. Goods will not be accepted for return unless we are reasonably satisfied that they are damaged or defective. Note that no claims will be accepted in respect of any changes in colouring of artworks which have occurred through natural processes. Wingates Gallery will ask you to return the goods to us or (at our option) arrange collection and once we have checked the goods are damaged or defective, we will either (at our option):
- 3.5.1 provide you with a full or partial refund (including refund of any reasonable delivery charges which you have incurred); or
- 3.5.2 replace the goods; orÂ
- 3.5.3 repair the goods.
4. Title and Risk
Title and risk in the Artwork shall pass to you when Wingates Gallery has received the payment price for the Artwork in full, in cash or in cleared funds, and collection or delivery has been made. Upon such payment and collection or delivery, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
5. Ownership of Copyright
5.1 The Artwork was produced with the intention that it will be sold exclusively through Wingates Gallery or any other outlet approved by Wingates Gallery. It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment.
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.
5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate Wingates Gallery or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:
- 5.5.1 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;
- 5.5.2 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
- 5.5.3 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
- 5.5.4 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
5.6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6. Data Protection
6.1 By signing/agreeing these Terms and Conditions, you confirm that you are aware of and consent to the use by Wingates Gallery of any personal data within the meaning of the Data Protection Act 1998 and that Wingates Gallery may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.
6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with Wingates Gallery and may be provided to any third party in a similar business to Wingates Gallery.
6.3 You consent to Wingates Gallery revealing personal data to the Artist should you breach these Terms and Conditions.
7. Liability of Wingates Gallery
7.1 Except in respect of death or personal injury caused by Wingates Gallery’s negligence, Wingates Gallery shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Wingates Gallery, its employees, agents, subcontractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of Wingates Gallery under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.
7.2 Wingates Gallery does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
8. Rights of Third Parties
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
9. Cancellation Rights
Please note that you cannot cancel this contract. Accordingly, once purchased you may not return the Artwork and Wingates Gallery does not offer refunds.
10. Waiver
No failure or delay by Wingates Gallery in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
11. Severance
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.