Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07940 291493.

Application

  1. These Terms and Conditions will apply to the purchase of goods advertised in our website by you (the customer or you). We are Aliqua Art Gallery of Colwell Arts & Education Centre, Derby Road, Gloucester GL1 4AD with email address info@aliqua-art-gallery.com, telephone number 07940 291493; (the supplier or us or we).
  2. These are the terms on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. By ordering any of the services, you agree to be bound by these Terms and Conditions. You can only purchase the goods from the website if you are eligible to enter into a contract and you are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for the purposes which are wholly or mainly outside this or her trade, business, craft or profession;
  2. Contract means a legally-binding agreement between you and us for the supply of the goods or services;
  3. Delivery Location means the Supplier’s premises or other location where the goods are to be supplied, as set out in the Order;
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  5. Goods means the goods that we supply to you of the number and description as set out in the Order;
  6. Services means hire of gallery space or enrolment / booking a course;
  7. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
  8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  9. Website means our website www.aliqua-art-gallery.com on which the goods are advertised.

Goods

  • The description of the goods is set out in our website, catalogues, brochures or other form of advertisement.
  • In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  • All goods which appear on the Website are subject to availability.
  • We can make changes to the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal Information and Registration

  • When registering to use the website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose you username and password to anyone else and keep them secret.
  • We retain and use all information strictly under the privacy policy.
  • We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

  • The description of the goods in our website does not constitute a contractual offer to sell the goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
  • The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
  • A Contract will be formed for the Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all of the information on it (ie the order confirmation). You will receive the Order Confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any Goods supplied under the Contract.
  • Any quotation is valid for a maximum period of 30 days from it date, unless we expressly withdraw it at an earlier time.
  • No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.
  • We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

  • The price for each type of goods, the price of any goods and any additional delivery or other charges is set out on the Website and the date of the Order or such other price as we may agree in writing.
  • You must pay by submitting your debit or credit card details with your order and we can take payment immediately or pay by bank transfer before delivery of the goods.

Delivery

  • We will deliver the goods, to the delivery location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  • In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
  • We refuse to deliver the goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
  • After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered in that period.
  • If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  • If you were entitled to treat the Contract at an end, but do not do so, you are prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancellation or rejected Goods.
  • We deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channel Islands. For deliveries outside these areas you may need to pay import duties or other taxes, as we will not pay them.
  • You agree that we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  • If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  • The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  • Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

Conformity

  • We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  • Upon delivery, the goods will;
  • Be of satisfactory quality:
  • Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is reasonable for you to rely, on our skill and judgement) and be fit or any purpose held by us or set out in the Contract, and
  • Confirm to their description.
  • It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

  • Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

  • In the event of any failure by a party because of something beyond its reasonable control:
  • The party will advise the other properly as soon as reasonably practical; and
  • The party’s obligations will be extended as far as it is reasonable, provided that the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.

Excluding Liability

  1. The supplier does not exclude liability for (i) any fraudulent act or omission: or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time the contract was made, or (ii) loss (eg loss of profit) to the customer’s business, trade, craft or profession which would not be suffered by a consumer because the Supplier believes the Customer is not buying the goods wholly or mainly for its business, trade, craft or profession.

Governing Law, jurisdiction and complaints

  • The Contract (including any non-contractual matters) is governed by the Law of England and Wales.
  • Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the consumer lives in Scotland or Northern Ireland the courts respectively Scotland or Northern Ireland.
  • We try to avoid any dispute, so we deal with disputes in the following way: If a dispute occurs the customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 working days.

 

Withdrawal, Returns, Cancellation and Reimbursement

  • You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  • You can cancel the Contract except for any Goods which are made to your special requirements (The Returns Right) by telling us no later than 14 days after the Contract was made. If you simply want to change your mind and without giving us a reason, and without liability, except in that case, you must return to us at Colwell Arts & Education Centre, Derby Road, Gloucester GL1 4AD the Goods in undamaged condition via insured postage at your expense.
  • The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. To exercise this right you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email to sales@aliqua-art-gallery.com or via the Contact Us facility on the website www.aliqua-art-gallery.com).
  • We will confirm your cancellation by letter or email without delay.
  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  • You can cancel the Contract for Services (hire of exhibition space or booking of course) by telling us no later than 7 days before the start of the exhibition or course. If you simply want to change your mind and without giving us a reason, and without liability you must inform us by letter, email to sales@aliqua-art-gallery.com or via the Contact Us facility on the website www.aliqua-art-gallery.com
  • Long term course bookings by companies that have already commenced will need to give 30 days notice of cancellation (ie courses that have been running for a period in excess of 6 months).
  • We will make reimbursement without undue delay, and not later than:
  • 14 days after the day that we receive back from you the Goods supplied, or
  • (if earlier) 14 days after the day you provide evidence that you have sent back the goods.
  • 14 days after receipt of your request to cancel a hire of exhibition space or course booking.
  • We will refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights above.
  • We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay the amount of that loss.
  • If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or return them to us using insured postage at Colwell Arts & Education Centre, Derby Road, Gloucester GL1 4AD without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods.