Terms and Conditions
1. All items are sold as is. The client should perform all research before acquisition, so that they are fully satisfied with the condition, authenticity etc. The authenticity of all works is taken into account, to the best of our knowledge. All clients will receive images and condition details upon request.
2. All sales are final.
3. Any deposits left towards the purchase of a work will be forfeited by the client, if the transaction does not complete, within 7 days, unless otherwise quoted. Anything outside this will be forfeited after a maximum of 14 days.
Items left at WFA
4. All works belonging to clients are left at their own risk with Walton Fine Arts and must be insured by clients, as advised. Whether just purchased or left for any other reasons whatsoever such as framing, restoration etc.
5. Refunds or exchanges are not given in any circumstances unless the item is faulty from original purchase date.
6. If required, WFA will assist in aiding with the shipment of purchases, but all risks from dispatch to delivery will be borne by the customer. Any import duties or taxes that may be applicable when shipping to different countries than the UK are entirely under the customer’s responibility.
7. The copyrights of all Works of Art belong to the respective Artist or Estate.
8. Any items left on approval for sale or return by any party, are left at their own risk. WFA shall endeavour to sell each work at the price arranged and/or take any commissions.
9. All items are offered subject to prior sale. Price and availability information is subject to change without notice.
10. Payment may be made by credit or debit card in person. Cheques must be cleared first. A bank transfer is the only means of payment for any purchases by someone unable to attend the gallery.
11. All payments, including Credit cards, will be made in Pounds Sterling, unless payment in a foreign currency has been agreed between the buyer and seller.
12. Title to any goods does not transfer from the seller until payment has been received in full.
13. Any contract arising from WFA is made under British law.
ONLINE TERMS OF SALE
1. AVAILABILITY AND PRICING
1.1 All goods are subject to availability.
1.2 The price of the goods will be the price quoted on the Website at the date the order is received.
2.1 All deliveries are subject to prior authorization of your payment. 2.2 Walton Fine Arts, (whose registered address is 152-154 Walton Street, London, England, SW3 2JJ) uses payment providers for administering payments on its behalf (currently PayPal and Stripe). Walton Fine Arts has no access to your debit or credit card details.
3. DELIVERY AND RISK
3.1 The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order to Walton Fine Arts.
3.2 If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. Where the delivery address is within London and you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until Walton Fine Arts has received payment in full for such costs.
3.3 Every effort will be made to deliver the goods within the time periods specified above. If Walton Fine Arts is unable to deliver the goods within such time periods, Walton Fine Arts will inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
3.4 You will become the owner of the goods you ordered once you have paid for them in full.
3.5 You can cancel an order up to 14 days after the order is delivered.
3.6 Any import duties or taxes that may be applicable when shipping to different countries than the UK are entirely under the customer’s responibility.
4. NO RIGHT OF RESALE
4.1 If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.
4.2 If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes.
5. PUBLIC DISPLAY OF EDITIONS OR ARTWORK
You are not permitted to display or to authorize any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Walton Fine Arts on behalf of the artist of such edition.
6. INTELLECTUAL PROPERTY
In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such artwork.
7.1 Nothing in this clause 7 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
7.2 Subject to 7.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
7.2.1 all conditions, warranties and other terms which might be implied into these Terms by law or otherwise;
7.2.2 any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.
7.3 Subject to7.1 above, Walton Fine Arts shall not be responsible for any defect in the goods arising from fair wear and tear, willful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact Walton Fine Arts by phone or post or email in accordance with the contact details at 9 below.
7.4 Walton Fine Arts shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Walton Fine Arts’ reasonable control.
8. MARKETING COMMUNICATIONS Walton Fine Arts would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the Walton Fine Arts Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our Newsletter, please tick the relevant box on the screen shown before you make payment. You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at the address or email address shown at 9 below.
9. CONTACT DETAILS
If you have any queries about your purchase of goods, these Terms or any other aspect of our Website you can phone us on + 44(0) 20 7581 2332, email us at firstname.lastname@example.org, or write to us at Walton Fine Arts, 152-154 Walton Street, London SW3 2JJ. We will endeavour to respond as quickly as possible.
10.1 Walton Fine Arts may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organization, but this will not affect your rights or obligations under these Terms.
10.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
10.3 These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with Walton Fine Arts for the supply of goods.
10.4 If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.
10.5 No failure by us to exercise any right or remedy under these terms shall constitute a waiver of that or any other right or remedy.
10.6 These Terms and the supply of the goods by Walton Fine Arts and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law, and the English courts will have non-exclusive jurisdiction in respect of any such dispute or claim.