TERMS & CONDITIONS
Privacy Policy
We respect the privacy of all our customers and website users and take great care with the information we obtain. By using this website you consent to us collecting and using personal information about you in accordance with the terms set out herein. We may also use customer data and order data to undertake statistical analysis for internal use. Your personal information will not be passed on to third parties
We take the security of all your personal information seriously. However, Internet transmissions are never completely private or secure. As this website may contain links to other websites we recommend that you check the privacy and security policies and procedures of all such other websites you visit. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message is encrypted.
Correspondence with Gallery
Messages sent by the gallery team members to clients are intended for the use of the addressee only and may contain information that is privileged and confidential. If you are not the intended recipient, you are notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. The operation of the internet cannot guarantee that an e-mail sent by you to us will actually reach us, or be seen by its intended recipient at the time you intend it to be seen. You should seek confirmation of receipt and sight of urgent or important e-mail by contacting us by telephone. We do not do communications by fax. We cannot accept responsibility for any loss which you may suffer as a result of the use of email for communications. Although we carry out virus checks on our computer systems and on data and communications received electronically, we accept no responsibility for viruses which may enter your system or data by these or other means. In addition, any comments or statements made by team members within correspondence do not necessarily reflect those of David Gill Galleries LTD or its affiliates.
All quotes providing are excluding VAT & shipping, local taxes, duties & customs unless otherwise specified.
Cookies
A cookie is a small amount of data (which often includes a unique identifier) that is sent to a user's computer or mobile phone from a website and is stored on the hard drive of a device. Each website can send its own cookie to your browser if your browser's preferences allow it. Many websites do this whenever a user visits their website in order to report on website traffic. Your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites.
We reserve the right to alter amend add to or remove all or any part of this Policy Statement at any time without notice and any changes to this Policy Statement or any other terms shown on our website apply with immediate effect of being published. By continuing to use this website after any changes are displayed you indicate your acceptance of those changes.
E-mail newsletter sign up and preferences
If you sign up to receive David Gill Gallery newsletters your personal data will be added to the marketing database maintained by David Gill Gallery. As a subscriber, you will receive newsletters and details of exhibitions, events and activities at the gallery. We provide you with the ability to control whether or not to receive e-mail newsletters. We take your privacy seriously and will not share your personal data with third parties.
GENERAL TERMS AND CONDITIONS OF SALE
1. INTRODUCTION
1.1 All orders are subject to acceptance by David Gill Gallery (‘DGG’ or ‘the Seller’), at DGG’s designated location for acceptance of orders. Acceptance of orders is based on the express condition that you (‘You’ or ‘the Buyer’) agree to all of the terms and conditions contained herein. Acceptance and delivery by Buyer will constitute Buyer’s assent to these terms and conditions. These terms and conditions represent the complete and exclusive agreement of the Parties, and no terms and conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon DGG unless made in writing and signed and approved by an officer of DGG. These terms and conditions supersede any prior and/or contemporaneous agreements between the Buyer and DGG. No modification or any of these terms will take place following receipt of Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
2. PRICES AND PAYMENT TERMS
2.1 DGG reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order.
2.2 All item prices are exclusive of any other charges. A minimum deposit of sixty percent (60%) of the purchase price is required to initiate the order fulfillment and/or production. Orders for items in stock require payment in full at the time of order placement. Any balance due is to be settled in full on completion of the order and prior to collection, or release to shippers.
2.3 Any changes or alterations to the order, following the payment of the deposit, will be invoiced additionally, and are to be settled prior to the changes or alterations taking place.
3. STORAGE FEES
3.1 Additional storage fees of 3% per month will be charged to store the piece/s purchased if not collected within sixty (60) days from the date of invoice for final balance due.
4. CANCELLATION OF ORDERS
4.1 All sales are final. Changes in orders require prior written approval from DGG. Orders for custom pieces may not be cancelled. Orders for pieces that have been altered in any manner upon Buyer’s request, may not be cancelled.
5. TAXES
5.1 All taxes and excises of any nature whatsoever, now or hereafter levied by any governmental authority, either directly or indirectly upon the sale of any pieces covered hereby, shall be paid and borne by the Buyer.
6. TITLE/RISK OF LOSS
6.1 Delivery of piece/s to the carrier shall be deemed delivery to the Buyer, and thereupon, title to such items and risk of loss or damage shall be the Buyer’s.
6.2 DGG’s liability for the piece/s shall come to an end upon acceptance and signing of the condition report by the carrier, which report is to be issued upon collection of the piece.
6.3 Any claim by the Buyer against DGG or the carrier, for shortage or damage occurring prior to such delivery, must be made in writing within forty-eight (48) hours after receipt of shipment, and accompanied by the original transportation bill signed by the carrier noting that the carrier received the piece/s from DGG in the conditions claimed.
7. SHIPMENT
7.1 Buyer will arrange for shipment of piece/s purchased, and all delivery costs and disbursements are the responsibility of the Buyer. DGG does not make shipping arrangements on behalf of Buyer.
8. FORCE MAJEURE
8.1 All quoted completion dates are estimates only and are subject to change by DGG upon notice to You. DGG shall not be liable for delays in completion or delivery for any reason of force majeure or for any cause beyond DGG’s reasonable control including, but not limited to (i) government action, war, terrorism, riots, civil commotion, pandemics, embargoes or martial laws,
(ii) DGG’s inability to obtain necessary materials from its usual sources of supply, (iii) shortage of labor, raw material, production or transportation facilities or other delays in transit, (iv) labor difficulty involving employees of DGG or others, (v) fire, earthquake, storm, flood or other casualty or act of God, or (vi) other contingencies of manufacture or shipments.
8.2 In the event of any delay in DGG’s performance, due in whole or in part to any cause beyond DGG’s reasonable control, as aforesaid, DGG shall have such additional time for performance as may be reasonably necessary under the circumstances.
9. WARRANTY AND DISCLAIMER
9.1 DGG warrants that all pieces are design pieces and sold as such. Except as specified herein, DGG warrants that any pieces sold hereunder are free from defects in workmanship and materials for one (1) year. This warranty does not apply to damage or breakage resulting from any form of misuse or abuse, accidents, dramatic temperature variations, exposure to humidity, neglect, mishandling or wear and tear resulting from normal use. DGG does not guarantee finishes against fading and oxidizing for wood and metal pieces. Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. DGG does not guarantee fabrics, dyed or natural, from fading. The suitability of a fabric or leather for any use is entirely at the discretion of the Buyer.
9.2 The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied, by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
10. LIABILITY
10.1 DGG shall not be liable for any incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling, or use of the item/s, or from any other cause with respect to the item/s or this agreement, whether such claim is based upon breach of contract, breach of warranty or negligence. DGG can also not be held liable for damage resulting
(a) from improper use or handling of the item, (b) from use and/or installation of the item for which it was not designed or (c) improper installation of the item.
10.2 DGG’s total liability hereunder in any case is expressly limited to repair or replacement (in the form originally ordered), at DGG’s election, or to the repayment of, or crediting the Buyer with an amount equal to the purchase price of the affected item/s. The remedy provided for above is the Buyers sole remedy for any failure of DGG to comply with its obligations regarding the workmanship of its pieces. DGG’s total liability to the Buyer shall in no case exceed the price of the piece or part thereof on which such liability is based.
11. INTELLECTUAL PROPERTY
11.1 Any and all intellectual property rights pertaining to the piece/s sold in accordance with these terms and conditions shall remain the sole and exclusive property of DGG and/or the artist. The reproduction and/or modification of the piece/s sold is strictly forbidden and will be considered to be in breach of such intellectual property rights.
12. EXCLUSIONS
12.1 All of DGG’s descriptive matter, weights, dimensions, illustrations and drawings contained in DGG’s catalogues, price lists or marketing materials are close approximations only and intended to give a general description of the goods and shall not form part of this agreement.
13. WAIVER
13.1 Waiver by DGG of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from a default hereunder shall not be deemed a waiver of such right at any subsequent time. Any such waiver must be in writing and signed by an officer of DGG.
14. SEVERABILITY
14.1 In the event that any one or more of these terms or conditions is held to be invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
15. GOVERNING LAW
15.1 This agreement shall be governed by and construed in accordance with the laws of the United Kingdom. All and any disputes arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of arbitration shall be the City of London, United Kingdom, and the language of the arbitration shall be English.