Terms & Conditions

 

Terms and conditions - last updated : 7 July 2019

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 websitewww.gallery545.com (the “Site”) or at physical venues.

These terms and conditions (“Terms”), together with our privacy policy (“Privacy Policy”) and any other policy mentioned herein, govern your access and use of the Service and the Site, whether you are a visitor, a buyer or access and use the Service and the Site in any other capacity. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, as by accessing or using the Service and the Site you indicate that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, then you may not access the Service and the Site. We may modify these Terms from time to time and publish an updated version online without providing any notice to you. By accessing or using the Service and the Site after any modifications, you agree to be legally bound by the modified terms.

Age restriction
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.

Personal information – When you buy an artwork offered for sale (“Artwork”) you will be asked to supply information relevant to your purchase. By submitting such information, you grant us the right to use your information and pass it to third party service providers in order to process your purchase.Your information will be used by us in accordance to our Privacy Policy.

Prices – Prices of Artworks are specified on the Site or on a price list, they do not include shipping and handling costs or taxes.

Shipping & handling costs – Shipping and handling costs are specified separately and appear as ‘Shipping’. These costs will be charged to and paid by you.

Shipping & Collection – 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 dispatched using couriers within 7-10 days from the day of purchase, unless differently specified. We will notify you when your order is shipped. A collection option from Gallery 545’s office is also available. All art works are available for collection within 5-8 working 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.

Taxes – We do not charge VAT. If Artworks are delivered outside the European Union, the buyersmight 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. 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 an Artwork was shipped abroad and has to be returned because the due foreign taxes have not been paid, you will be charged the amount required for itsreturn. For accurate and update information about custom duties you can contact the custom in your country.

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.

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.

Disclaimer

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 will 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 weather 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 / sold 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 office@gallery545.com