Terms & Conditions
Terms and conditions - last updated: 26 June 2020
Gallery 545 is operated by Francesca Biondi (“we”, “us”, “our”) and provides a service for viewing, selling and buying artworks and other related services (“Service”) through the website www.gallery545.com (the “Site”) or at physical venues.
The Service and the Site can be accessed and used only by persons over 18. Access and use of the Service and the Site by anyone under 18 is expressly prohibited.
Additional Terms and Conditions for Buyers
Please note that the following terms and conditions apply to online and offline sales, and online and offline payments.
Prices – Prices of Artworks are specified on the Site or on a price list, they do not include shipping and handling costs or taxes.
Collection – Artworks can be collected from Gallery 545’s office or they can be shipped. All artworks are available for collection within 7-10 days from the day of purchase, unless differently specified. We will notify you when your order is ready for collection, and Artworks must be collected within 5 working days from the day of notice. Collections are by appointment only.
Shipping – Artworks are shipped to the United Kingdom, Republic of Ireland, other European countries and other countries worldwide as listed on the Site. All Artworks are normally dispatched using a Courier within 7-10 days from the day of purchase, unless differently specified. We will notify you when your order is shipped. The Artwork(s) is/ are delivered to the ‘Receiver’, i.e. the party you designated to receive or take the delivery of the Artwork(s) at the designated delivery address as specified your order / other written documentation. If the Receiver elects not to be in attendance when the Artwork(s) are delivered, then the Artwork(s) may be left without receipt at the nominated address.
Shipping & handling costs – Shipping and handling costs are specified separately and appear as ‘Shipping’. These costs will be charged to and paid by You. Our charges will not be refundable as soon as the Artworks are delivered to or collected by a courier to be dispatched.
Additional shipping costs – In the circumstances the Receiver or substitute addressee of the Artwork(s) elects to be in attendance to receive the Artworks is not in attendance at the address given during normal business hours when delivery is attempted an additional charge will be made for each attempted delivery until delivery is accomplished. You will be liable to pay such additional charge(s) within 4 days of the delivery or the intended delivery of the Artworks.
Taxes – We do not currently charge VAT. If Artworks are delivered outside the United Kingdom, the buyers might also incur foreign taxes. In this case you will be responsible for paying any customs, duties, tariffs or any other applicable taxes payable on purchases under the law of any government or tax authority of the country to which the purchase is sent, and you will pay any applicable taxes directly to any tax authority responsible for charging and collecting these taxes by the date set for payment. You will also supply us, our third service providers or any relevant tax authority any information or documentation required by the law to identify and pay applicable taxes. If a delay or failure to pay such charges should result in further costs including, but not limited to storage, repatriation, disposal or destruction charges, You shall also be liable for such charges. For accurate and update information about custom duties you can contact the custom in your country.
Warranty on Shipments – Shipments of Artworks are protected by a warranty. We accept a legal liability for physical loss or damage to an Artwork while in transit, i.e. while it is moved, handled or stored by a courier, subject to these conditions.
In the event of loss or damage to the Artwork caused by negligence or breach of contract on our part or on the part of the courier providing shipping services, our liability to You is to be assessed as a sum equivalent to the purchase cost if the artwork is returned.
Warranty, Exclusion of liability – We will not be liable for any loss of, damage to, or delay or other failure to produce the Artwork if caused or contributed to any of the circumstances below:
- Whether You alter, directly with Us or the courier, the delivery address once the Artwork has been shipped and / or the delivery method including the authority to leave the shipment unattended in a ‘safe place’.
- By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.
- Loss or damage arising from ionizing radiations or radioactive contamination.
- Loss or Damage arising from Chemical, Biological, Bio chemical, Electromagnetic Weapons and Cyber Attack.
- Indirect or consequential loss of any kind or description.
- By normal wear and tear, natural or gradual deterioration.
- By vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
- By cleaning, repairing or restoring unless we arranged for the work to be carried out.
- By change to atmospheric or climatic conditions.
- For Artworks destined to a place outside the UK - We do not accept liability for the loss, damage or delay to Goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless caused by Our or the Courier’s negligence or breach of contract. We do not accept liability for loss of or damage to Goods occurring in certain overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N Korea and former Sates of the USSR, unless caused by Our or the Courier’s negligence or breach of contract. This list is not exhaustive and we will advise you at the time of purchase if this exclusion applies.
- Unless we agree in writing a guaranteed time for the delivery of the Artwork(s), we are not obliged to comply with any such obligation. In the event that any such guaranteed time is not complied with, or in all the circumstances of the case delivery is delayed for an unreasonable period, Our liability for such delay is limited to a maximum of a sum equivalent to the shipping costs you paid in respect of the said transaction.
- In the event, we fail to produce the Artwork(s), Our liability for such failure is limited to a maximum sum equivalent to the price of the Artwork(s) plus the shipping costs you paid.
- In the event that, whether pursuant to any liability imposed on Us or otherwise, We make any payments to You in respect of loss or damage to or delay in delivery of Artworks, You hereby assign to Us all rights which You may have personally or under any policy of insurance to recover such loss and give us full power to claim, demand, sue for, recover any such amount and You shall execute all such documents and provide all such information as may be necessary to enable us to obtain full benefit of this clause.
Warranty, Time Limit for Claims – For Artworks we or our couriers deliver, your must notify us in writing of any apparent loss, damage or failure to produce any Artworks at the time of delivery, within 7 calendar days of the date of the delivery of the Artworks or the date when the Artworks should have been delivered.
In any event We shall be discharged of all liability whatsoever and howsoever arising in respect of any delivered provided, or which We have undertaken to provide, unless suit is brought in the proper forum and written notice thereof is received by Us within nine months from the date of delivery of the Artwork(s) or the date when the Artwork(s) should have been delivered. In the event that the said time period shall be found contrary to any Convention or other law compulsorily applicable the period prescribed by such convention or law shall then apply but in that circumstance only.
Payments – You warrant that you have the legal right to use any credit card or another means of payment used by you for such purchase.
Order Cancellations - We reserve the right to refuse or cancel any order at any time, if we determine, in our reasonable discretion, that the item is mispriced or unavailable, there are errors in its descriptions or in your order, or for any other reasons. In case we cancel an order, we will send you an email to confirm the cancellation and you will not be charged. You can cancel your order as long as it has not been shipped, and in the case of prints/editions prior to their production.
Colour - We take the necessary steps to display accurately the colours of Artworks on the site. As computer or other screens may display colours in a different way, we are not responsible for the colour accuracy of the Artworks when displayed on such screens.
Returns - Our 14-day return policy is applied to any purchase of artworks. Our Return Policy sets forth the terms and conditions governing returns of artworks.
Other terms and conditions
Modification to the Service and the Site – We reserve the right to modify, discontinue, restrict or block access to the Service and the Site at any time and without any notice.
Accuracy and completeness of information – We strive to provide accurate and complete information, yet we cannot and do not guarantee its accuracy and completeness, including about Artworks and services. We reserve the right to change, correct and update information at any time and without any notice.
Intellectual property – The Service and the Site, including all its content (“Content”), such as texts, images and information are protected by copyright, trademark and other laws of the United Kingdom and foreign countries. Francesca Biondi is the owner and / or authorised user of any trademark appearing on the Site and is the copyright owner or licensee of the Content on the Site (unless this belongs to the artists or otherwise indicated). Our trademarks, any copyright materials or any intellectual property may not be copied, displayed or used without our prior written consent.
Links – The Site may contain links to third party websites or resources not owned or controlled by Francesca Biondi. You acknowledge and agree that we are not responsible for the content, products, services, policies, practices, information or other materials on or available from such website and resources. You also acknowledge and agree sole responsibility for and assume all risk arising from your use of any such websites and resources, and that we shall not be liable directly or indirectly to anyone for any loss or damage caused by or in connection with the use of or reliance on any content, products, services, policies, practices, information or other materials available from linked websites and resources.
Termination – We reserve the right to terminate these Terms or suspend your access to the Service and Site at any time and without any notice, if you breach any of these Terms or for any other reason. In the event we terminate these Terms, you will remain liable for any amount due.
You acknowledge and agree that:
The Service and the Site are provided “as is”, without warranties of any kind, either expressed and implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or those arising out of the course of trade.
We do not warrant that the Service and the Site will meet your expectations and requirements and will be available uninterrupted, secure, and error-free. We also do not warrant that the Content obtained through the Site is accurate, timely, true and complete and that the Site is free from virus or other harmful components.
We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties.
Limitation of liability
You acknowledge and agree that:
In no event shall Francesca Biondi, nor its staff, partners, artists, any other party involved in creating, producing or delivering the Service, the Site and the Site’s Content be liable for any special, indirect, incidental, exemplary or consequential damages or losses, including loss of profits, revenues, data, goodwill or the cost of substitute services, arising from or directly or indirectly connected to the use of or inability to use the Service, the Site and the Site’s Content, whether based on warranty, contract, tort or any other legal theory, and whether or not we have been informed of the possibility of such damage.
In no event shall the total liability for Francesca Biondi to you for all damages, losses and causes of action whether in contract or arising from the terms of your use of the Service and Site exceed, in the aggregate the value of goods and services you have purchased through us.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the United Kingdom, without regard to conflict of law provision. You and we agree that any claim or dispute must be resolved exclusively by a court located in the United Kingdom.
For any queries or additional information, please contact Gallery 545 at firstname.lastname@example.org