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Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE

(last update 31.03.2005)

These terms and conditions will apply when you access our Website and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.

PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THESE TERMS AND CONDITIONS.

If you regularly use this Website you should continue to check this page for updates and amendments to the terms and conditions as you will be deemed to have accepted variations if you continue to use this Website after they have been posted.

A. GENERAL INFORMATION

For your convenience, we have listed below some general information about ourselves:

"We" are St. Paul's Gallery;

Our address for correspondence is:

St. Paul's Gallery
94-108 Northwood Street
Birmingham
B3 1TH
Englang

+44 (0)121 236 5800

Our e-mail address is info@stpaulsgallery.com

B. FORMATION OF CONTRACT

Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:

Step 1: Provided that you agree unconditionally to these terms and conditions, you will be given the opportunity to place an order. Our standard order form which contains information on price together with a description of the products and services which are available, and an explanation of any promotional offers and methods of payment.

Step 2: On completing the order form you will be given the opportunity to submit an order to us by clicking on the "order" button which appears at the end of the form. You will have an opportunity to check and correct any input errors in your order up until you submit your order. On receipt, we will send to you notification by electronic mail that your order has been received.

If you do not wish to submit an order to us, you should click on the "Back" button and you will return to our home page.

(1) Please Note: All orders made by you through this Website are subject to acceptance by us. We will acknowledge your order by email, please note that this is an acknowledgement email only and does not mean that we have accepted your order. We will debit your credit card at time of order, however, if your order is no accepted we will credit your card immediately. We may choose not to accept your order for any reason. There will be no contract of any kind between you and us until we actually despatch the products to you. At any point up until then, we may decline to supply the products to you without giving any reason.

(2) If the products you have ordered are not available from stock we will contact you by email within 7 days and you will have the option to either wait until the products are available from stock or cancel your order in accordance with our Cancellation and Returns Policy set out below.

(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us.

(4) Please Note: The images of the products on this Website are approximate representations only and the products you order may differ slightly in appearance, colour, etc. We are very careful to ensure that the price and description of products offered on this Website is accurate. However, sometimes, an error can occur. If we find an error (in the price or description of products) you have ordered, we will tell you and ask you if you wish to proceed with your order or cancel.

(5) You can track the progress of your order by logging in and then going to "My Account".

ORDERING PRODUCTS FROM THIS WEBSITE

1 GENERAL

1.1 When submitting an order you are confirming that you are the required legal age to purchase the product. If it is discovered that you are not legally entitled to order certain products, we reserve the right to cancel your order immediately without notice.

1.2 If you are not a private consumer (ie. you are ordering products as or on behalf of a business), you confirm that you have the authority to bind any business on whose behalf you use this Website.

2 PRICES AND PAYMENT

2.1 We accept payment by Visa, Mastercard, Delta, or Switch. Payment will be deducted when we receive your order for the products. You confirm that the payment card being used is yours. All payment card holders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of our processing your payment.

2.2 All prices displayed on this Website are in UK pounds sterling. The prices include VAT (where applicable) but exclude delivery charges.

2.3 The total cost of your order will be the price for the products and the applicable delivery charge (see below). The total cost will be displayed to you in your shopping basket before you submit your order.

2.4 Prices and products displayed are subject to availability and may change before (but not after) we accept your order. We will advise you of any change in the price or product and offer you the chance to cancel your order should such a change occur before we accept your offer.

3 DELIVERY

3.1 This Website is for delivery of products to customers worldwide

3.2 Delivery charges and estimated delivery times are set out in the "Delivery and Charges"

3.3 The products you order will be delivered to the address you provide when we take your order details. It is your responsibility to ensure someone is available at this address to take delivery of the products you have ordered. Delivery of products which are not small enough to post through your letterbox must be signed for. It is your responsibility to ensure you retain the receipt enclosed with the products.

3.4 Risk of loss and damage to the products passes to you on the date when the products are delivered to you or on the date of first attempted delivery by us. Title (ownership) of the products will pass to you on receipt by us of the price for the products.

4 WARRANTY

4.1 Products ordered by you are supplied with the benefit of the relevant manufacturersí warranty. It is your responsibility to maintain and manage the warranty for the products.

4.2 We will use our reasonable endeavours to verify the accuracy of any material or information on or available via this website but we make no representation or warranty of any kind (express, implied or otherwise) as to the accuracy or completeness of any such material or information and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on this website.

5 OUR LIABILITY TO YOU

5.1 Nothing in these terms and conditions shall exclude or limit our liability:

(a) for death or personal injury resulting from our negligence;

(b) for fraudulent misrepresentation; or

(c) to the extent that liability cannot be excluded or limited by law.

5.1 Subject always to Clause 5.1 above:

(a) while we will use all reasonable endeavours to prevent viruses or bugs infecting this Website, we will not be liable to you for any loss suffered as a result of any virus or bug you incur as a result of accessing or using this Website. It is your responsibility to use virus checking software and we will not be liable to you for any loss of content or material or howsoever as a result of uploading to our downloading from this Website; and

(b) our total liability to you in contract, tort (including negligence), misrepresentation or otherwise arising out of or in connection with this contract shall be limited to the price you have paid for the product you have ordered; and

(c) we will not be liable to you, in contract, tort (including without limitation, negligence) or otherwise howsoever in connection with this Website or products or services offered via this Website by us or on our behalf for:

(i) loss or revenue, profit, contract, business or anticipated savings or loss of data; or

(ii) any loss of goodwill or reputation; or

(iii) any special or indirect or consequential losses.

6 CANCELLATION AND RETURNS

6.1 You can cancel your purchase at any time either before or up to 7 working days (Monday to Friday inclusive) after the day of receipt of your product without penalty and without the need to give us any reason. However, the following points must be observed:

∑ The products must be returned in an unused condition in its original, undamaged packaging with all seals intact together with product receipt;

∑ Products are to be returned to us at your expense unless the product is faulty when you receive it.

6.2 Your right to cancel will not apply if the products are made or tailored to your specification or personalised at your request.

6.3 On receipt of your notification of cancellation, the price of the products will be credited to your payment card within 30 days beginning with the day on which notice of cancellation is given. If you fail to return the products to us within 30 days of your notice of cancellation, you will be deemed to have accepted the products and a new contract to purchase the products will be formed and your payment card will be debited for the price of the products. We are not responsible for non-delivery of returned goods and it is recommended that you obtain proof of posting and/or delivery insurance as appropriate.

Your statutory rights are not affected by this cancellation and returns policy.

7 SEVERANCE

7.1 If any part of these terms and conditions are held to be unenforceable by a court of competent jurisdiction, that part will be severed from these terms and conditions and the remainder shall continue in full force and effect.

8 FORCE MAJEURE

8.1 Neither of us shall be responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.

9 ENTIRE AGREEMENT

9.1 This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.

10 WAIVER

10.1 No delay, indulgence or omission in exercising any right, power or remedy provided by these terms and conditions or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.

11 LAW

11.1 Use of this Website and the sale of products via this Website is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.

CONDITIONS OF USE OF THIS WEBSITE

1 OUR OBLIGATIONS

1.1 We will provide you with access to this Website in accordance with these terms and conditions.

1.2 We reserve the right to:

(a) modify or withdraw, temporarily or permanently, this Website (in whole or in part) with or without notice to you; and/or

(b) change these terms and conditions of use or the terms and conditions of sale of from time to time. Your continued use of this Website following such change will be deemed to be your acceptance of such change. It is your responsibility to check regularly for updates and amendments. If you do not agree to any change then you must immediately stop using this Website.

1.3 We will use our reasonable endeavours to maintain this Website. However, we cannot promise that access to this Website will be uninterrupted or error free. Use of this Website is on an "as is" and "as available" basis and is entirely at your own risk. Except where it is not possible to exclude or restrict liability by law, we will not be liable whatsoever for any damages or losses whether direct or indirect that you may suffer as a result of service or systems failure, including server failure, access delays or interruptions, data non-delivery or mis-delivery, any acts of God, delays in provision of services, breaches of security or unauthorised access arising from "hacking" or otherwise.

1.4 Except as may be otherwise provided under these terms and conditions, and except where you are a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977 (ie. you are dealing as a private individual and not as or on behalf of a business), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

1.5 Where you are using this Website as a consumer (ie. private individual and not as or on behalf of a business), your statutory rights are not affected by these terms and conditions.

1.6 You and we expressly agree to exclude any rights of third parties who may otherwise be entitled to enforce these terms and conditions as if they were a party to this agreement or otherwise able to rely on the provisions of the Contracts (Rights of Third Parties) Act 1999 as enacted or modified from time to time.

2 YOUR OBLIGATIONS

2.2 You:

(a) agree not to use this Website (or any part of this Website) for any illegal purpose and agree to use it in accordance with all relevant laws;

(b) agree not to upload or transmit through this Website any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

(c) agree not to use any service offered through this Website in any manner that could damage, disable, overburden or impair our server or the network(s) connected to any of our servers or interfere with any other partyís use and enjoyment of this Website;

(d) will not upload or transmit through this Website any material which is defamatory, offensive, discriminatory or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

(e) will not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website;

(f) will not use this Website in any manner which violates or infringes the rights of any person, firm or company, including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy; and

(g) will not create or publish a hypertext link to any part of this Website or attempt any unauthorised access to any part of this Website.

2.3 You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, suffered by Us and arising out of any failure by you (or any other person accessing this Website using your computer or internet access account) to comply with your obligations as set out under Clause 2.1

3 THIRD PARTY WEBSITES

3.1 We may provide links to other websites including websites which may sell products or services. We take care in selecting who we provide links to, however, you understand and agree that we are not responsible for the operation or content of such websites including, without limitation, any advertising, products or services on or available from such websites, nor for any loss caused by the use of or reliance on any such advertising, products or services available from such external websites. Links to our Website are not permitted without our prior written consent.

4 INTELLECTUAL PROPERTY RIGHTS

4.1 You understand and agree that all copyright, trade marks and all other intellectual property rights in all material or content (including all text, graphics and images) supplied or contained as part of this Website shall remain at all times vested in us or our licensors.

4.2 You understand and agree that the material and content contained as part of this Website is made available for your personal non-commercial use only and that you may download such material and content onto your computer hard drive for such purpose. Any other use of the material and content of this Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

5 YOUR PERSONAL INFORMATION

5.1 Please click here to view our Privacy Statement which forms part of these terms and conditions.

6 SECURITY

6.1 We take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any date you disclose to us via this Website. You accept the inherent security risks of providing information and dealing on-line over the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

6.2 For further information about the steps we take to keep this Website secure, please see our security policy.

7 ENQUIRIES

7.1 For all enquiries, comments, feedback or further information please contact info@stpaulsgallery.biz

YOUR PRIVACY

We respect your right to privacy and We understand that, as a visitor to this Website You prefer to control how Your own personal information may be used and by whom. The purpose of this statement is to set out how We use personal information and to provide You with the opportunity (at any time) to opt-out or opt-in to certain uses of your personal information.

USE OF YOUR PERSONAL INFORMATION

Except to the extent We are required or permitted by law, personal information provided by You to Us will be used for the purposes of processing Your order with Us or to provide You with information You have requested from Us.

You will know when We are collecting information intended to be kept for future use because the web page will contain a link to this privacy statement. The information collected may include:

∑ Name

∑ Postal/email address

∑ Telephone number

∑ Payment details

∑ Other information relevant to customer surveys and/or offers

We may wish from time to time to send You information about our products and services which We think may be of interest to You. If at any time You do not wish to receive this information then please let us know by emailing info@stpaulsgallery.com

We may also wish to pass Your information to third parties to contact You about their products and services which We think may be of interest to You. If at any time You do not wish to receive this information then please let us know by emailing info@stpaulsgallery.com

You may also let Us know You do not want to receive this information by writing to Us at:

St. Paul's Gallery
94-108 Northwood Street
Birmingham
B3 1TH
England

By using this Website and not advising Us to the contrary, You agree to Us using Your data in the way set out above.

If You believe that any information We hold about You is incorrect or incomplete, You should email or write to us at the above address. Any information which is found to be incorrect will be corrected as soon as possible.

We regard our databases of information (which will include Your information) as a valuable asset of Our company. Should We sell or transfer any of Our business assets this may include such databases of information.

THE DATA PROTECTION ACT 1998

Under the Data Protection Act 1998, You are granted certain rights. If you would like to know what information We hold about You, where We obtained such information and to whom We have disclosed it, You may submit a written request for these details to Us at the address set out [above]. We may charge You a statutory administration fee to comply with Your request. If You have any questions about Your rights under the Data Protection Act or would like further information, You can visit the Information Commissionerís website at www.dataprotection.org.uk

FRAUD PREVENTION

In order to protect Our customers and Us from fraud and theft, We may pass on information that We obtain from making identity checks and other information in Our customer records, including how You conduct Your account, to other retailers and to financial and other organisations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way.

LINKS

This Website may contain links that make it easier for You to visit other websites. If You use such links and leave this Website to visit a third party website, We do not have any control over such website. You should view the privacy statement applicable to third party websites to ensure the protection and privacy of any information You provide while visiting such websites.

COOKIES

We may collect information about Your personal details, tastes and preferences both when You tell Us what these are and by analysis of traffic on this Website, including by using "cookies". A cookie is a piece of information that is stored on your computerís hard drive by your web browser. Depending on the type of cookie We use, cookies allow us to make Our Website more user friendly, for example, permanent cookies will enable us to save Your password so that You do not have to re-enter it when you re-visit our Website. Cookies do not contain confidential information such as Your home address, telephone number or credit card details. We do not exchange cookies with a third party websites or external data suppliers. If You wish, You can configure Your web browser not to accept cookies. Just follow the instructions after clicking onto this link www.allaboutcookies.org

We will not disclose Your personal information to any other party or for any other reason other than as set out in this Privacy Statement or without Your prior consent.