T&Cs

www.belvoirgallery.co.uk is a website where you can purchase unique artwork. (Further referred to as “we” “our” “us” or “The Gallery’’.) 

We pride ourselves on delivering the highest standard of artwork and the highest standard of professionalism, from the moment you choose your piece to the moment it arrives at your door. With this in mind, we advise you to read our terms and conditions as stated below before you place your order. We want to protect your interests so you keep coming back to us!

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Belvoir Gallery 2022 conducts business in its physical shop at: 7 Welby Street, Grantham, NG31 6DY, United Kingdom and its online shop at:
https://www.belvoirgallery.co.uk/category/all-products (further referred to as Online Shop).

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By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement of with our terms and conditions and therefore have entered a legally binding agreement with Belvoir Gallery.

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1. DEFINITIONS

(1) “Belvoir Gallery services” means the services we supply by providing the Website.

(2) “Artist” means any person whose Artwork is for sale on the Website.

(3) “Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy using the Website, including Commissions and Made to Order, as described in the individual listing on the Website.

(4) “Buyer” or ‘’Customer’’ means the person and/or organisation who uses the Website and may buy Artwork.

(5) “Commissions” is Artwork supplied according to the Buyer’s requirements so the Buyer may choose, for example, a subject matter or colour variations, for example, a painting from a photograph. However, the Buyer must bear in mind that Artwork is a personal choice and must be clear if the Buyer has any specific requirements. Unless otherwise agreed, commissions require a non-refundable 50% deposit to be paid in advance with the balance payable once the Buyer has approved the images of the Artwork. 

(6) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

(7) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.

(8) “Made to Order’” is Artwork which is painted/constructed/made for the Buyer based on an original piece of artwork which the Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two artworks will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.

(9) “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.

(10) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what we have agreed to supply, the price and expected delivery/supply date.

(11) “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.

(12) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.

(13) “Upload onto the Website” means any submission or post, including any Artist’s information regarding any Artwork for sale, in any format, including any post, content or anything whatsoever which a user uploads or provides to us for upload and subsequently appears and can be viewed on the Website.

(14) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers and Artists.

(15) “We”, “Us”, means the organisation who supplies and owns this Website, Belvoir Gallery, whose registered office is at 7 Welby St, Grantham, NG31 6DY
E-mail address hello@belvoirgallery.co.uk

16) “Website” means the website and all content at www.belvoirgallery.co.uk

(17) “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.

 

2. CONDITIONS

(1) These Terms and Conditions which apply to the use of the Website and purchase of Artwork, prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing. Any special conditions which apply will be set out in the Order Confirmation.

(2) Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.

(3) From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply at the time of your order. We also advise you print these terms as soon as you have placed your order.

(4) Any queries must be in writing via email.

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3. THE ARTWORK

(1) Responsibility for Sales and Artwork – We are a venue which enables you to buy unique artwork using the physical shop or Website which is owned and operated by us, Belvoir Gallery. These Terms and Conditions incorporate all of the policies on the Website.

(2)(a) Details of the Artwork for sale are displayed on the Website and primarily provided by our Artists who understand that they must comply with the law and provide details about the Artwork, but if you need any other information or you have any queries you can contact us before placing your order.

(b) Any quotes will be valid for a period of 14 days. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.

(3)(a)(i) You can place an order for an Artwork by following the Website guidance. We reserve the right not to accept orders for any reason.

(ii) Once your order has been accepted you will be provided with an Order Confirmation email from Paypal which is your proof of payment.

(b) Details of the Artwork which will be supplied to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included. 

(4) If we are unable to supply any Artwork then we will, at our sole discretion, either

(a) Offer an alternative OR

(b) Cancel the order, and you will be provided with a full refund within 14 days.

(5)(a) Commissions – the Artist will agree a price for a commission, based on your requirements. 50% of the agreed price is payable once an order is placed by you. You may then be sent images/ details for approval. Once you approve an image/artwork then you are not able to cancel a Commission.

(b) Made to Order – once Artwork has been completed then you will then be sent images for approval. Although by law you have no right to cancel these orders there are some cases in which you may be given a 14 days period in which to change your mind and return the Artwork, provided it is returned in its original condition and you return it ensuring that it fully insured until we take delivery. If the artwork is personal and not suitable for sale to another person, this will not apply.

(c) If you are commissioning work then you will be corresponding directly with the artist and all correspondence will be between you and the artist unless otherwise agreed.

(6) Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.

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4. PRICE AND PAYMENT

(1) The Gallery accepts payment for online purchases via PayPal, as well as credit or debit cards through PayPal. All payments are handled by PayPal, the Gallery website does not store or process credit or debit cards details. The price of the Artwork is as displayed in GBP on the Website at the time of purchase. Please refer to clause 3(5) for Commissions and Made to Order. The price that you will pay will be confirmed in the Order Confirmation and the payment facilitator (Paypal) will supply you with your invoice. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.

(2)(a) The total Price will include standard delivery if applicable within Mainland UK. This will vary according to the artwork and its particular requirements. 

(b) An additional charge will be made for anything other than standard delivery according to the address, size and weight of the Artwork. This will usually be displayed in the description on the Artwork page or, where it is not displayed you can contact us.

(3) By paying through Paypal it means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order – see clause 3(1) of the Website Users Terms.

(4) We may be able to agree to reserve Artwork for you, if, for example, you are moving home. If we do agree then it is on the following basis

(a) You must pay a non-refundable 10% deposit to reserve the Artwork and you will have the agreement in writing.

(b) The balance payment (90%) is due before dispatch.

(c) If you do not pay the balance payment when it is due (see clause 4(4)(b) above) then the Artwork will no longer be reserved for you, may be offered for sale to someone else and your deposit will not be refunded.

(7) Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your payment, you remain responsible for payment. If payment is not received when it is due then we reserve the right to charge up to 15% interest for each month (or part thereof) that payment, or any part of it, remains unpaid until full cleared payment is received and are also entitled to recover all reasonable expenses incurred in obtaining payment from you, where any payment or part payment due to us is late.

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5. DELIVERY

(1)(a)(i) Delivery is arranged t o the address, as provided by you on the Order Confirmation or by pickup from our shop. The Gallery offers shipping to addresses within the mainland United Kingdom only, using various courier services.
(ii) All items purchased online are available for local pickup, arranged when the order has been placed and paid for.

(iii) Some items in the online shop are only available for local pickup.

(iv)If one or more items in the customer’s order are only available for local pickup, the whole order will be only available for local pickup.

(vi) Delivery times are estimates and not guaranteed

(b) Multiple pieces of Artwork may be despatched individually. (Please also see 1(iv))

(c) Please ensure that you, the Buyer, select the delivery option you require. However, sometimes these options may be limited because of the type of Artwork. If you have any queries about shipping please contact us.

(d)Items available for sale in the online shop have different shipping rates, depending on their weight, dimensions and value. If items in the customer’s order have different shipping rates, the highest rate will apply.

(e) Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the Artwork that is supplied to you is damaged or faulty. 

(f) If you have any particular shipping requirements then you must please email us.

(2)(a) Other than for Commissions or Made to Order Artwork, unless the applicable listing or Order Confirmation says otherwise, we aim to dispatch Artwork to you within 14 days of the date of accepting your order to comply with the law. If there is going to be a delay we will let you know by email so you can cancel your order or choose another piece of Artwork.

(b) However, despatch and delivery times are only estimates and we are not responsible for late delivery or unavailability of Artwork.

(c) For Commissions or Made to Order Artwork

(i) We aim to provide you with estimated delivery dates within 7 days of the date of your order and aims to deliver within an agreed time from the date of your order.

(ii) if we are unable to deliver within 10 days of the agreed date of your order then they will, at their discretion, either

(i) provide you with a revised delivery date or

(ii) cancel your order and refund payment made by you.

(3) If for some reason we are unable to dispatch the exact Artwork you have ordered, then we will either refund the price paid for that item or will contact you and offer you an alternative item.

(4)(a) You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.

(b) Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.

(5) Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received – see (6) below.

(6) When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, ‘Received Damaged’. In the subsequent event that the Artwork is found to be damaged, please contact us.

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6. CONSUMER CANCELLATION RIGHTS

(1) This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.

(2)(a)(i) Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items (see clause 7(3) and 7(4) following), to obtain a refund. We are committed to ensuring that they abide by your rights.

(ii) Please note that these cancellation rights do not apply to any Made to Order Artwork. 

(3)(a) If you would like to return your order, please confirm this in writing by emailing us within 14 days following the date you received your order (or from the date you received the last item which completed your order). We will then help you with information about the Returns Method, about how and when to return the item to us or we may also wish to assist by arranging collection of the Artwork from you.

(b) However, once you have cancelled in writing, items can be returned 

(4) Unless it has been agreed otherwise: 

(a) Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense  using the postal address. We always advise that you return Artwork using a service which provides you with proof of sending.

(b) Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item.

(5) We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and, where applicable, print the address and shipping label sent to you and attach to the parcel.

(6) The law enables us to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.

(7) Unless you have lost the right to cancel, when you cancel an order for Artwork we will refund the amount you paid for the Artwork and the standard delivery costs (the cheapest option we provide).

(8)(a) Where you cancel an order for Artwork then you will be refunded within 14 days of

• the date we receive the Artwork

• the date you supply us with evidence of having sent the Artwork back - whichever is sooner.

(b)(i) Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.

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7. FAULTS, PROBLEMS WITH YOUR ORDER AND RETURNS

(1)(a) Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then we ask that you email us within 14 days after the day you received the Artwork.

(b) Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork.

(2) Once you contact us we will assist you as much as possible.

(3) Depending on the problem with your order we will advise you whether;-

(a) You should send photos of the damaged Artwork and packaging and retain the artwork as you are advised should the courier, Artist (or their representative) wish to inspect it and/or

(b) We will make arrangements for a carrier to collect the Artwork from the address the Artwork was delivered to. Collection will usually be Monday – Friday, 8am – 7pm

(c) You should retain the Artwork and all original packaging for 30 days so that it can be inspected

(4) When returning any Artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and/or return label sent to you, and attach it to the parcel.

(5) Within 14 days of receipt of the faulty Artwork we will either:

(a) repair the Artwork OR

(b) provide a replacement OR

(c) provide a refund, to include any delivery charges you paid when you placed your order

(6) Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account

(7)The Gallery only stores personal details of the customer, such as name, address, telephone number, email, necessary to process the order. Read our Privacy Policy to find out more.

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8. LIMITATION OF LIABILITY AND INDEMNITY

(1) We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.

(3) Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.

(4) You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.