Sale Conditions
1. General
1.1. These are the only terms upon which Work may be sold in the Gallery.
1.2. Any other terms or conditions upon which Work may have been ordered shall be disregarded.
1.3. These terms supersede any collateral agreement or understanding that the Buyer and Seller may previously have reached.
2. Interpretation
2.1. Save where the context otherwise requires
“ArtFlock.com” has the same meaning as in paragraph 2.1 of the Website Access Terms ;
“Buyer” refers to anyone who offers to buy Work in the Gallery;
“the Gallery” has the same meaning as in paragraph 2.1 of the Website Access Terms;
“Seller” means anyone who offers to sell Work in the Gallery;
“the Website Access Terms” means the terms of access to the website located at www.artflock.com;
“Work” refers a work of art or craftsmanship offered for sale in the Gallery;
2.2. The singular connotes the plural and vice versa.
2.3. The masculine includes the feminine or neutral and vice versa.
2.4. These terms and any agreement into which they may be incorporated are to be construed and enforced in accordance with the laws of England and Wales.
3. Parties
3.1. The only parties to a contract for the sale of Work will be a Buyer and Seller.
3.2. ArtFlock.com acts only as agent for the Seller .
3.3. For the avoidance of doubt, ArtFlock.com shall not be liable for the conduct of any party to a contract.
4. Representations and Warranties
4.1. Any photograph or description of the Work is supplied by the Seller and not by ArtFlock.com.
4.2. ArtFlock.com makes no representation, gives no warranty and expresses no opinion as to the Work.
5. Currency
5.1. Sterling is the currency of account and any sum due from one party to the other shall be computed and settled in that currency.
5.2. Should a price, fee or charge be made or expressed in some other currency, it shall be converted into sterling at the rate of exchange offered by the [Bank of Scotland ] at the time of settlement and any commission, fee or charge for such conversion shall be borne by the party making the payment.
6. Formation of Contracts
6.1 An offer to buy Work shall be made online by:
6.1.1. clicking the left button of the mouse or other pointing device as the cursor hovers above the “OFFER TO BUY” b utton on the web page displaying the Work;
6.1.2. clicking the same button as the cursor hovers above the “PLACE IN BASKET” button or entering the price that the Buyer offers to pay for the Work in the online purchase form that will appear upon clicking the “OFFER TO BUY” b utton;
6.1.3. entering the particulars specified in paragraph 6.2 into that form; and
6.1.4. clicking the left button of the mouse or other pointing device as the cursor hovers above the “SUBMIT” button .
6.2. The Buyer will enter the following particulars in the online purchase form:
6.2.1. surname and usual forename
6.2.2. full postal address
6.2.3. telephone number
6.2.4. email address, and
6.2.5. the account upon which payment will be drawn; and
6.2.6. all such other information as may be necessary for an online payment.
6.3. Such offer will lapse unless the Seller accepts it within 72 hours of submission.
6.4. The Seller may accept the offer, reject it or make a counter-offer.
6.5. A contract is formed as soon as one party’s offer is accepted by the other in full.
7. Prices
7.1. Prices of Work displayed in the Gallery or negotiated in accordance with paragraph 6 exclude value added and other taxes and duties, the cost of packaging, postage, freight, storage and insurance and other delivery expenses.
7.2. Any such taxes and additional expenses or the means of calculating them shall appear so far as possible upon the web page displaying the Work
7.3. The Buyer shall bear such tax, costs and expenses.
8. Payment and Delivery
8.1. The Seller shall send to the Buyer by email and f irst class post a written invoice setting out
8.1.1. the price of the Work
8.1.2. any expenses of the kind mentioned in paragraph 7.2; and
8.1.3. such other information as may be specified by law.
8.2. The Seller may debit the account referred to in paragraph 6.2.5 for the price and expenses referred to in paragraph 8.1.2. immediately after sending such invoice; and
8.3. The Seller shall deliver the Work to the Buyer as soon as he learns that such invoice has been paid in full.
9. Termination
9.1. A contract for the sale of Work may be terminated with immediate effect by:
9.1.1. the Buyer upon serving notice of cancellation not later than 7 days after he has received the Work; and
9.1.2. the Seller should the Buyer’s bankers decline a request for payment under paragraph 8.2 above.
9.2. Should the Buyer cancel the contract after making a payment, such payment shall be reimbursed forthwith.
9.3. Should the Buyer cancel the contract after receiving the Work, he shall return the Work to the Seller.
9.4. Should the Buyer fail to return the Work, the Seller can deduct the direct cost of recovering the Work from any reimbursement payable under paragraph 9.2.
10. Force Majeure
Should any party be prevented or hindered from performing any agreement by circumstances beyond his reasonable control (including but not limited to terrorism, strikes or other labour dispute), that party shall not be liable for any loss or damage that the other may sustain from such non-performance and shall be excused from performing such agreement while those circumstances persist.
11. Severance
Should any of these provisions be void, voidable or unenforceable, that provision shall be deemed never to have formed part of these conditions provided that all other provisions shall remain in force.
12. Exclusion of Equitable Remedies
Failure by a party at any time to require performance by the other of any of these provisions shall not:
12.1 affect its right to require performance at a later time, or
12.2 be regarded as a waiver of the provision itself.
13. Notices
13.1 All notices or notifications shall be in writing and signed by or for the party on whose behalf they are served or given.
13.2 Such notice or notification may be delivered by fax or email to the fax number or mailbox stated in the invoice referred to in paragraph 8.1 as well as by post provided that the instrument mentioned above follows by post..
13.3 Postal delivery will be deemed to have taken place on the 7th day after the date of posting.
13.4 Delivery by fax or email will be deemed to take place upon transmission of an automatic acknowledgement by the remote fax machine or mail server.
14. Jurisdiction
Both parties shall submit to the non-exclusive jurisdiction of the courts of England and Wales.