Your attention is particularly drawn to clauses 2.2, 2.7, 4, 9.1, 9.2 and 9.3. 1. 1.1 1.2 1.3 1.4 1.5 1.6
About us and our terms
1.1 These terms. These terms explain the mandate for using our website www.galleriabalmain.com (“Website”).
1.2 Why should read you them? Please read these terms carefully before you use our website. These terms tell you who we are, how products will be provided to you, how a contract may be varied or ended, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.3 Who are we? We are Galleria Balmain (a trading name of Colin E Taylor). Our postal address is 4, Burland Rd, London, SW11 16SA, United Kingdom (“we”, “us”, “our”). We operate www.galleriabalmain.com.
1.4 How to contact us? You can contact us by telephoning Colin Taylor on +44 (0)7388733101 or by writing to us at email@example.com or 4, Burland Rd, London, SW11 16S, United Kingdom.
1.5 How will we contact you? If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during your registration.
1.6 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
1.7 ‘Services’ are those services for online users that Galleria Balmain offers via their website, either themselves or in collaboration with other companies, or individuals, as separate to other offerings in our e-marketplace.
2. About our Website and usage of it
2.1 The Website is an e-marketplace and is designed to act as an online marketplace for Website Users who comply with these terms to buy and sell various artworks, prints, art gifts and books (“Goods”).
2.2 By using the Website as an e-marketplace you agree and acknowledge that we are not responsible or liable for any content (including but not limited to: - descriptions, images and photographs) posted by sellers, buyers or other parties (“Users”).
2.3 You use the Website at your own risk: -
(a) We do not validate any content uploaded to the Website by the Users;
(b) All transactions are between the buyers and the sellers only and we are not directly involved. Accordingly, we cannot ensure that the seller or the buyer will complete a transaction;
(c) We are unable to transfer the legal ownership of the Goods from the seller to the buyer;
(d) We have no control over the quality, accuracy or otherwise of the Goods;
(e) We have no control over the ability of the seller to sell the Goods or the ability of the buyer to buy the Goods.
2.4 All content uploaded to our Website will be non-confidential and accessible by the general public.
2.5 Content on our website must not in any way: - (a) Be defamatory; (b) Contain threatening, upsetting, abusive, offensive or obscene material; (c) Promote violence or sexually explicit material; (d) Be discriminatory; or (e) Infringe anyone else’s copyrights.
2.6 Notwithstanding the requirements for registering to use our Website, we cannot guarantee the full identity, age or nationality of the Website Users.
2.7 By using our Website you acknowledge and confirm your acceptance of these terms. If you do not accept these terms you must not use our Website. We strongly recommend that you retain a hard copy of these terms for your future reference.
2.8 We reserve the right to vary these terms from time to time. You should check our terms each time you visit our Website to ensure that you understand the terms that apply at the time of using our Website.
2.10 Updates and changes to our Website may be made by us or an authorised third party at any time. This means that some of the content may be out of date at any given time and we are under no obligation to update it.
2.11 We are unable to guarantee that our Website will consistently be available or uninterrupted. From time to time we may need to restrict, suspend or withdraw access to all or parts of the Website for maintenance or operational reasons. We will use reasonable endeavours to notify Users as soon as possible prior to such action being taken.
2.12 On registering to use our Website you will be provided with choose or be provided with a username and password. These details must be retained safely by you. This information is strictly confidential and should not be disclosed to any third parties.
2.13 We have the right to disable any User if they, in our reasonable opinion, fail to comply with any provision of these terms. 3
2.14 2.15 We have the right to remove any listing, comment or content made on our website which, in our opinion, is obscene or inappropriate.
2.15 When making a Goods listing on our Website you retain your ownership rights. However, in uploading your Artwork images you grant us and other users of the Website a licence to use that content and make it available to third parties, i.e. printers we contract to produce Art Fair brochures or promotional material for exhibitions etc. The rights you licence are: - (a) Nonexclusive, royalty free and worldwide; and (b) to use, display, distribute and reproduce the content of your listing by use and other Users. We will never knowingly pass Galleria Balmain Artists work or images, to any third party, for general or specific advertising, without the Artists knowledge or consent.
3. Selling Goods
3.1 By selling Goods on our website you make the following warranties and representations: - (a) You are the legal and beneficial owner of the Goods and, accordingly, have the legal right to sell the Goods; (b) The description you have given for the Goods in your listing is true, fair and accurate at the time of uploading the listing to the Website and comply with applicable law in England and Wales and with the law of the country from which the User operates from; (c) You own the intellectual property rights to any images uploaded on your listing for the Goods; and (d) The price stated on each listing is an accurate price for the Goods;
3.2 You will be liable to indemnity us for any breach of the representations and warranties listed in clause 3.1 if you are in breach of any of them.
3.3 All Goods shall be sold at the full listed price.
3.4 You are entirely responsible for the content and accuracy of any content uploaded in a Goods listing on our website.
3.5 When Goods are sold the sale proceeds (including but not limited to the shipping costs) shall be paid into Our Paypal account or an online payment system we alternatively use, and shall be retained until the buyer of the Goods has acknowledged satisfactory delivery of the Goods to us. Upon receipt of acknowledgement of satisfactory delivery of the Goods by us from the buyer we will release to your nominated Paypal account, or other account you direct us to, within the fastest possible time, the net balance of the sale proceeds. The net balance of sale proceeds shall be the gross sale proceeds less our Commission fee stated in clause 4 below.
4.1 Can our Commission fee be avoided? By using our Website you acknowledge and agree that: -
(a) If you are a seller, you will not approach (directly or indirectly), entice or otherwise encourage a buyer to purchase any Goods from you, which is listed on our Website, outside of our Website (for example via direct email or other correspondence, or any other third party provider).
(b) If you are a seller, you shall not alter the sale price after completion for the purpose of avoiding our Commission fee.
(c) If you are a buyer, you will not approach (directly or indirectly), entice or otherwise encourage a seller to sale any Goods to you, which is listed on our Website, outside of our Website (for example via direct email or other correspondence, or any other third party provider).
4.2 The buyer of the Goods from an individual artist (as specified on the Website) shall be responsible for paying all shipping costs and local taxes unless otherwise agreed between the parties before the completion of the sale.
4.3 Galleries (as specified on the Website) shall include the cost of shipping the Goods to the buyer in the Goods sale fee on the Website
5. Buying Goods
5.1 Any purchase you make through our Website is a legally binding sale. You must ensure that payment for the Goods you purchase is made in full within 24 hours of the sale completing.
5.2 All payments made for purchased Goods must be made via a Paypal account, or other we choose to use for online payment.
5.3 We do not verify or approve content uploaded to our website by Website Users. If you wish to make a complaint about a Goods listing, please contact us on the details listed above at clause 1.4.
5.4 Notwithstanding that we are not responsible for content or Goods listings uploaded by Website Users, we thought it would be helpful to set out a summary of your key legal rights against a seller if you are a consumer: -
Summary of your key legal rights
This is a summary of your key legal rights against a seller. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example books or art, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back
6. Returns and Refunds
6.1 If you are a business seller you are required to sell all Goods in your listings in accordance with all applicable English and Welsh consumer law, including but not limited to the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013/3134.
6.2 If you are not a business seller (i.e not selling Goods on our Website in the course of your business) you confirm and agree by using our website that you will follow all applicable English and Welsh consumer law.
7. Shipping of Goods
7.1 The buyer of the Goods must contact the seller prior to completion of the sale to obtain a shipping fee estimate.
7.2 The buyer of Goods is solely responsible for the shipping costs of all Goods purchased which shall be paid by the buyer at the time of purchase.
7.3 We cannot be held liable for loss or damage to Goods during carriage.
8. Private messaging
8.1 Users can communicate with one another through the Website’s private messaging system. However, if a price for the Goods is agreed which differs from the listing price the sale must not complete outside of the Website. Such action would constitute a break of these terms.
8.2 Private message users must not: - (a) Use the messaging service to send unsolicited advertisements or “spam”; (b) Contact each other to arrange to buy or sell Goods outside of the Website; (c) Contact other Users to deter them away from a particular buyer or seller of Goods.
9. Other important terms
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation by us.
9.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
9.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.6 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
9.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.9 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.