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Terms and Conditions

For ease of use we have split our terms and conditions page into two sections. Please choose which is appropriate to you from below:

  1. Customer’s Terms and Conditions
  2. Artist’s Terms and Conditions

'Artist' means the Artist marketing their work on Phoenixartgallery.co.uk.

'Artwork' means the artworks marketed for sale on Phoenixartgallery.co.uk

'Phoenix Art Gallery' means Samuel Evetts c/o 8 Mill Hill Baginton Coventry CV8 3AG trading as Phoenix Art Gallery

The Contract to purchase Artwork shall between you and Phoenix Art Gallery. These Terms and Conditions shall apply to the Contract entered into between you and Phoenix Art Gallery to purchase Artwork marketed on the site by the Artist.

Order

  1. We shall accept your order by email confirmation.  Our email shall confirm the details of your purchase and tell you when the Artist shall despatch your order.
  2. If the Artwork you order is not available as a result of the artist not updating their profile efficiently we shall contact you by email and offer a full refund.  We shall credit or debit your card as soon as reasonably practicable but in any event no later than thirty days from the date of your order. 
  3. Should you wish to collect your Artwork then we shall check with the Artist whether this will be possible.  Should you collect your Artwork from the Artist direct then the Artwork will be at your risk from the moment it is collected.

Price and Payment

  1. The prices payable for the Artwork that you order are as set out in our website.
  2. We accept the following methods of payment:
    • Credit / Debit Card
    • Paypal
  3. You must pay us the full price of your order before we will instruct the Artist to deliver the Artwork to you.
  4. Payment for your order may be possible by instalments and you will need to contact Phoenix Art Gallery for details.  Any agreement by Phoenix Art Gallery to pay by instalments will be entirely at their discretion and subject to further terms and conditions which will be notified to the Customer.
  5. Banking charges by the receiving bank on payment to us will be borne by us.  All other charges relating to payment in a currency other than sterling will be borne by you.
  6. You will pay all sums due to us under these Terms and Conditions by the means specified without any set-off, deduction or counterclaim

Delivery

  1. The Artist will arrange delivery of your Artwork ordered to the address for delivery stated in your order.  It will be your responsibility to ensure that someone is present to accept the delivery.
  2. We will ask the Artist to use reasonable endeavours to deliver all Artwork ordered within seven days of payment clearing in our account.
  3. You will become the owner of the goods you have ordered when they have been delivered to you.  Once the Artwork has been delivered to you it will be held at your own risk and we will not be liable for their loss or destruction.
  4. We do not deliver outside the UK and Ireland without prior written agreement. It is at the Artist’s discretion whether he/she decides to deliver outside the UK and Ireland and additional postage and packaging costs may apply. Orders placed for delivery outside of UK and Ireland without contacting us prior to ordering will result in your order being rejected and any payments being refunded.

Artwork

All descriptions, weights and sizes of the Artwork marketed on this site are provided by the Artist and you may not rely on the accuracy. Accordingly, any such description shall not form part of this agreement.

Liability

  1. If the Artwork delivered is not what you ordered or is damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address with the problem within fourteen days of the delivery of the goods in question.
  2. If you do not receive the Artwork order within twenty-one days of the date from which you ordered it, we shall have no liability to you unless you notify us in writing at our contact email address of the problem within thirty days of the date on which you ordered the Artwork.
  3. If you notify a problem to us under clauses 1 or 2 above, our only obligation will be, at our discretion:
  4. To make good any non-delivery ; or
  5. Refund to you the amount paid by you for the Artwork in question in whatever way we choose.

If the Artwork is damaged or defective then you must return the Artwork to the artist for inspection before we will agree to any refund. Any returns must be made via courier or recorded delivery post.

  1. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Artwork in question under clause 3(b) above.
  2. You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site.   The importation or exportation of certain types of our Artwork to you may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the Artwork you purchase. 
  3. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Right for you to cancel your contract

  1. You may cancel your contract with us for the Artwork you order at any time up to twenty one days from the date we receive the order. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
  2. To cancel your contract you must notify the artist directly and organise return delivery.
  3. If you have received the Artwork before you cancel your contract then you must send the Artwork back to the artist at your own cost and risk. Artwork for delivery, you must not unpack the Artwork when it is received by you and you must organise delivery back to the artist at your own cost and risk as soon as possible.
  4. Once you have notified the artist that you are cancelling your contract, any sum debited to us from your credit card or debit card or PayPal account will be credited to your account as soon as possible providing that the Artwork in question is returned to the artist and received by us within fourteen days of delivery in the condition that they were in when delivered to you.
  5. If you are returning an item to the artist you must include in your email correspondence, failure to do so may result in a delay of your funds being credited to you.
  6. If you do not return the Artwork delivered to the artist or do not pay the cost of the delivery, we shall be entitled to deduct the direct cost of recovering the Artwork from the amount to be credited to you. We shall be under no obligation to collect or recover the Artwork from you.

Communications

You may not correspond directly with the Artist until after point of purchase.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact email address at and all notices from us to you will be displayed on our website from time to time or sent via email to the email address you provide.

Events beyond our Control

We shall have no liability to you for any failure to deliver Artwork you have ordered or any delay in doing so or for any damage or defect to Artwork delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If any part of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

Conditions of Website Use

Your permission to use this website is personal to you and non-transferable.  Your use of the site is conditional upon your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:-

  1. Use the site for any fraudulent or any unlawful purpose.
  2. Use the site to defame, abuse, or otherwise violate the rights of others, including without limitation of this privacy rights or rights of publicity.
  3. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site;  or express or imply that we endorse any statement that you make
  4. Interfere with or disrupt the operation of site or the servers or networks used to make the site available; or violate any requirements, procedures, policies or regulations of such networks.
  5. Transmit or otherwise make available in connection with the site any virus, worm, trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment.
  6. Reproduce, duplicate copy, sell, re-sell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the site. 
  7. Remove any copyright, trademark or other proprietary rights notice from the site or materials originating from the site. 
  8. Frame or mirror any part of the site without our express prior written consent.
  9. Create a database by systematically downloading and storing site content.
  10. Corrupt data, cause annoyance to other uses, infringe upon the rights of any other persons proprietary rights or send any un-solicited (without full notification and permission from Phoenix Art Gallery) advertising or promotional material through this website.

We may block any links to or from the site.  Additionally, we may provide tools to allow you to link directly from a third party site; if you do link the site (whether using such tools or otherwise) you agree that you will disable and remove any such link promptly upon our request.  We reserve the right to require you to immediately remove any link to the site at any time and you shall immediately comply with any request by us to remove any such links.

We will use reasonable efforts to ensure that the site is available at all times.  However, we cannot guarantee that the site or any individual or functional feature of the site will always be available and/or error free.  In particular, the site maybe unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the site. We will not be liable if for any reason the site is unavailable for any period of time.

We provide the site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the site.  To the maximum extent permitted by law, we expressly exclude:-

  1. All conditions, warranties and other terms that might otherwise be implied by law and to these terms of use and
  2. Any and all liability to you, whether arising under these Terms and Conditions or otherwise in connection with your use of the site. 

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, in claims of third parties.  Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to exclude or limit any liability which may not by law be excluded or limited, and in particular none of these exclusions and limitations in this clause are intended to limit any statutory rights which may be excluded, nor in any way to exclude or limit (site only) liability to you for death or personal injury resulting from our negligence or that other employees or agents.

Disclaimer

You agree to indemnify, defend and hold harmless Phoenix Art Gallery its employees, consultants, agents affiliates, from any customer and all third party claims, liability, damages and all costs (including but not limited to legal fees) arising from your use of this website or your breach of these terms and conditions.

Phoenix Art Gallery may contain links to other websites that are not owned or operated by Phoenix Art Gallery.  We hold no responsibility for the content and any loss or damage that may arise from the use of these linked websites.  Phoenix Art Gallery does not warrant as to the accuracy or reliability of any linked website.

Variation of Terms and Conditions

We reserve the right to change the terms and conditions from time to time and post a new version on our website.  The new version will take effect from the time of posting on the site. 

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law

The contract between us shall be governed by and interpreted in accordance with English Law and the English courts shall have jurisdiction to resolve any disputes between us.

Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Artwork to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Artwork offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.




Samuel Evetts of 8 Mill Hill Baginton Coventry CV8 3AG trading as Phoenix Art Gallery ("Phoenix Art Gallery")
Artist: (Name)           of  [address]                           (“you”)
Artwork(s): Artwork marketed by the Artist on Pheonixartgallery.co.uk

These Terms and Conditions form a legally binding agreement between you and Phoenix Art Gallery.  Your statutory rights are not affected.

Acceptance of Artist

Any Artist wishing to be represented by Phoenix Art Gallery must first complete the Artist Registration Form.  In completing the Artist Registration Form, you will be confirming your acceptance to these Terms and Conditions. 

You agree as follows:-

  1. You warrant that you are representing yourself and not registering on behalf of someone else.
  2. You agree to have your Artworks and descriptive information displayed on Phoenix Art Gallery
  3. You warrant that all information supplied to Phoenix Art Gallery is accurate and up to date.
  4. You will inform Phoenix Art Gallery of any changes in the information stored by Phoenix Art Gallery including name, address and contact details, pricing of art works and sold status of Artworks.

You must be 18 years old or over to register with Phoenix Art Gallery.

Artists Account

When completing the registration process, you must fill-out the on-line registration form.  Once you have registered with Phoenix Art Gallery your profile will be set to “pending approval”.  Phoenix Art Gallery holds the right to accept or reject You as an  Artist for the purpose of marketing your work on this site or remove any content that has been uploaded to the website by the Artist at any time.  Once approval has been given, you will receive notification via email and you may provide Artwork and information that is outlined in the registration process.

You will create the username and password in the registration process, for which you will be responsible for maintaining the confidentiality. You must immediately notify us of an unauthorised use of your password or account or any other breach of security.  In no event will Phoenix Art Gallery be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. 

If you have forgotten your username and/or password, please email and you will be contacted via email.

Phoenix Art Gallery reserves the right to accept or decline your application to market any Artwork through Phoenix Art Gallery.

Exclusivity

There will be no exclusivity to Phoenix Art Gallery and You may simultaneously market your Artwork through other channels, provided:-

  1. Your ability to deliver the Artwork to the customer within the specified time is not affected.
  2. You must not offer your Artwork at a price lower than the price for which you are offering it through Phoenix Art Gallery.
  3. If the Artwork is sold through another channel, it will be your responsibility to immediately remove it from sale with Phoenix Art Gallery. 

Customer Relationship

You agree that any business relationship between the customer and You is dealt with entirely through Phoenix Art Gallery. You will not approach the customer direct or correspond with the customer in any way, except with express written authorisation from Phoenix Art Gallery. You may contact the customer when organising returns delivery or damage goods claim. You must include in this email correspondence.

Artwork Images

You must supply high quality digital images of each Artwork you wish to sell through Phoenix Art Gallery.  The images must be in blank format and should show the entire canvas and frame (if framed) and/or print. 

By submitting images to use, you grant us rights to use your images and supporting texts, to reproduce, modify, edit, adapt, publish and distribute and display such material (in whole, or in part) worldwide and/or to incorporate it in any other forms, media, technology now known, or later developed for marketing and promotional purposes.  You also acknowledge that Phoenix Art Gallery is not obliged to publish any materials submitted by you on any Phoenix Art Gallery publication. 

Phoenix Art Gallery reserve the right to delete any contribution, or take action against any Artist’s account at any time for any reason.

If you do not want to abide by these Terms and Conditions then please do not submit or share your Artwork on the website.

Artwork Pricing

You will be responsible for setting the price at which your Artwork should be sold for.  The price must be inclusive of V.A.T., your delivery cost, Phoenix Art Gallery commission which is 20% on each sale, and any insurance premiums.  Once an Artwork is listed on the site, you may not raise the price of the Artwork without permission of Phoenix Art Gallery.  Once an order is placed by a customer you agree to sell the Artwork at the price listed.

Delivery, Packaging and Insurance

You as the Artist will be responsible and liable for the cost of all packaging, materials and delivery of the Artwork to the customer.  These costs should be taken into account when pricing your Artwork and cannot be reclaimed from Phoenix Art Gallery.

It is your responsibility to ensure that Artworks are securely and adequately packaged for delivery to the customer.  Artwork packages should be labelled for delivery using the customer address provided by Phoenix Art Gallery.  Phoenix Art Gallery will not accept claims for reimbursement in the event of damage to Artworks through insufficient packaging.

The Artist shall arrange for all Artwork to be delivered by courier or recorded delivery to ensure evidence of delivery is obtained. If the Artwork is delivered in person by the Artist they will arrange for a receipt in a form provided and/or approved by Phoenix Art Gallery to be signed by the customer.

The Artist shall provide a copy of the delivery receipt or confirmation received from the courier or Royal Mail to Phoenix Art Gallery via email within 3 working days. Failure to provide evidence of delivery may result in payment to you being delayed.

When delivering the Artwork purchased you will provide to the customer a Certificate of Authenticity (“COA”) with a unique identifier code, which will be provided by Phoenix Art Gallery.  The COA and only used in connection with the item sold.  The COA will be provided to the Artist via email with the purchase notification.  The Artist will be notified once the customer has paid for the Artwork and the Artist will arrange delivery of the Artwork to the customer within seven days of notification.

In the event of the Artwork being paid for by the Customer using the Paypal system then the Artist will receive an email confirming the order and the Artist must reserve the work and not sell it elsewhere whilst the payment is being processed. The Artist will be notified by email as set out above once the payment has been completed and the delivery address will be provided. Should the payment not clear then the Artist will be notified that they are free to resume marketing and sell the Artwork.

Should you become aware of any reason that Artwork ordered may not be received by the customer within seven days of receiving a purchase notification from Phoenix Art Gallery, you will notify Phoenix Art Gallery immediately of the reason for and expected length of the delay.  Phoenix Art Gallery will attempt to contact the customer and in some cases may offer a refund to the customer resulting in the cancellation of the order from you.  Phoenix Art Gallery will not be held liable for any lateness of delivery or damage of the Artwork while in transit to the customer and you will indemnify Phoenix Art Gallery against any claim for loss as a result of lateness of delivery or damage to the Artwork.

You will be responsible for ensuring the Artwork(s) are adequately insured while in transit to the customer. 

Returns and Damaged Goods

In the event of Artwork being damaged during transit to the customer, you will be liable for the cost of retrieving the Artwork and any losses you incur as a result of the Artwork being damaged.

It will be your responsibility to recover any losses and costs in retrieving the Artwork through your insurance cover, or any insurance cover provided by your chosen courier. 

If you have not taken out or ensured that there is adequate insurance in place, you will be responsible for the cost of retrieving the Artwork.

You accept that the customer may return the Artwork within fourteen days of receipt and/or 21 days of the date of making the order and this will constitute cancellation of the order. Phoenix Art Gallery will not accept liability for your delivery expenses in this instance. If the customer wishes to return artwork, you and the customer must organise return delivery. You must include in this email correspondence.

You accept that if the Artwork is damaged during transit and the Customer is entitled to a refund from Phoenix Art Gallery that you will not receive any payment.

Should a customer wish to collect the Artwork in person from you, contact details will only be disclosed to the customer upon receiving full written consent via email from you.  Likewise, should an Artist wish to deliver an Artwork in person, then Phoenix Art Gallery shall contact the customer seeking full written consent to this.

Payment for Artworks

Should your Artwork be sold, we will deduct 20% from the sale price paid to cover our commission.  Payment of the balance of the sale price will be made to you via your chosen method of payment as indicated on your Registration Form/Artist Profile.  Payment will be made to you within five working days of Phoenix Art Gallery receiving evidence of delivery of the Artwork to the customer and/or once the cancellation period has expired, whichever is later. Should you fail to provide satisfactory evidence of delivery then payment may be delayed.

Copyright Law

You warrant that all Artwork sold through Phoenix Art Gallery is free of any copyright restrictions or intellectual property disputes.  You warrant that the Artwork is yours to sell and/or reproduce. 

Copyright in the Artwork will remain with you even after ownership of the Artwork is transferred to the customer.

The intellectual property rights and all software and content made available to you on or through the website remains the property of Phoenix Art Gallery or its licensors and are protected by copyrights laws in treaties around the World.  All such rights are reserved by Phoenix Art Gallery and its licensors.  You may store, print and display the contents supplied solely for your own personal use.  You are not permitted to publish manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the contents supplied to you or which appears on this website nor nay you use any such content in connection with any business or commercial enterprise. 

You shall not modify, translate, reverser engineer, decompile, disassemble or create derivative works based on any software or company documentation supplied by Phoenix Art Gallery or its licensors.  No licensor consent is granted to you to use these marks in anyway and you agree not to use these marks or any marks which are colour or similar without the written permission of Phoenix Art Gallery

Conditions of Website Use

Your permission to use this website is personal to you and non-transferable.  Your use of the site is conditional upon your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:-

  1. Use the site for any fraudulent or any unlawful purpose.
  2. Use the site to defame, abuse, or otherwise violate the rights of others, including without limitation of this privacy rights or rights of publicity.
  3. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site;  or express or imply that we endorse any statement that you make
  4. Interfere with or disrupt the operation of site or the servers or networks used to make the site available; or violate any requirements, procedures, policies or regulations of such networks.
  5. Transmit or otherwise make available in connection with the site any virus, worm, trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment.
  6. Reproduce, duplicate copy, sell, re-sell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the site. 
  7. Remove any copyright, trademark or other proprietary rights notice from the site or materials originating from the site. 
  8. Frame or mirror any part of the site without our express prior written consent.
  9. Create a database by systematically downloading and storing site content.
  10. Corrupt data, cause annoyance to other uses, infringe upon the rights of any other persons proprietary rights or send any un-solicited (without full notification and permission from Phoenix Art Gallery) advertising or promotional material through this website.

We may block any links to or from the site.  Additionally, we may provide tools to allow you to link directly from a third party site; if you do link the site (whether using such tools or otherwise) you agree that you will disable and remove any such link promptly upon our request.  We reserve the right to require you to immediately remove any link to the site at any time and you shall immediately comply with any request by us to remove any such links.

We will use reasonable efforts to ensure that the site is available at all times.  However, we cannot guarantee that the site or any individual or functional feature of the site will always be available and/or error free.  In particular, the site maybe unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the site. We will not be liable if for any reason the site is unavailable for any period of time.

We provide the site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the site.  To the maximum extent permitted by law, we expressly exclude:-

  1. All conditions, warranties and other terms that might otherwise be implied by law and to these terms of use and
  2. Any and all liability to you, whether arising under these Terms and Conditions or otherwise in connection with your use of the site. 

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, in claims of third parties.  Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to exclude or limit any liability which may not by law be excluded or limited, and in particular none of these exclusions and limitations in this clause are intended to limit any statutory rights which may be excluded, nor in any way to exclude or limit (site only) liability to you for death or personal injury resulting from our negligence or that other employees or agents.

Disclaimer

You agree to indemnify, defend and hold harmless Phoenix Art Gallery its employees, consultants, agents affiliates, from any customer and all third party claims, liability, damages and all costs (including but not limited to legal fees) arising from your use of this website or your breach of these terms and conditions.

Phoenix Art Gallery may contain links to other websites that are not owned or operated by Phoenix Art Gallery.  We hold no responsibility for the content and any loss or damage that may arise from the use of these linked websites.  Phoenix Art Gallery does not warrant as to the accuracy or reliability of any linked website.

Variation of Terms and Conditions

We reserve the right to change the terms and conditions from time to time and post a new version on our website.  The new version will take effect from the time of posting on the site. 

Entire Agreement

The above Terms and Conditions constitute the entire agreement between You and Phoenix Art Gallery and supersede any and all preceding and contemporaneous agreements between us.  Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed on behalf of Phoenix Art Gallery

Governing Law and Jurisdiction

These Terms and Conditions are to be construed in accordance with the Laws of England and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English Courts.