Terms & Conditions

Terms & Conditions

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, please contact us via phone 01543 480994 or email art@heartgalleries.co.uk.

1. These terms and conditions will apply to the purchase of goods by you (the consumer). We are Heart Galleries of, Heart Galleries, Heart of the Country, Swinfen, Staffordshire, WS14 9QR
2. These are the term on which we sell all goods to you. By ordering any of the goods, you agree to be bound by these terms and conditions. You can only purchase goods from the website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer Means an individual acting for purposes which are wholly or mainly outside their trade, business, craft, or profession.
4. Contract means the legally binding agreement between you and us for the supply of the goods.
5. Delivery location means the supplier’s premises or other premises where the goods are to be supplied, as set out in the order.
6. 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 purpose of the information, and allows the unchanged reproduction of the information stored.
7. Goods Means the goods advertised on the website that we supply to you of the number and description as set out in the order.
8. 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.
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website.
10. Website means our website heartgalleries.co.uk on with the goods are advertised.

Goods

11. The description of the goods is as set out on the website, brochures, or other forms of advertising. Any description is for illustrative purposes only and there may be a small discrepancy in the size and colour of the goods supplied.
12. 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.
13. All goods which appear on the website are subject to availability.
14. We can make changes to the goods which are necessary to comply with any applicable law or safety requirement. We will notify you of any changes.

Personal information

15. When registering to use the website you must set up an email and password. You remain responsible for all actions taken under the chosen email and password and undertake not to disclose your email and password to anyone else and keep them secret.
16. We retain and use all information strictly under the privacy policy.
17. We may not contact you by using email or either electronic communication methods and by prepaid post if you do not agree.

Basis of Sale

18. The description of the goods in our website does not constitute a contractual offer to sell all 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.
19. 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.
20. A contract will be formed for the sale of the goods ordered only when you receive an email from us confirming the order. 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 the information on it (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.
21. Any quotation is valid for a maximum period of 7 days from its date unless we expressly withdraw it at an earlier time.
22. 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 the supplier in writing.
23. We intend that these terms and conditions apply only to a contract entered 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.

Price and Payment

24. The price of the goods and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing.
25. Prices and charges include VAT at the rate applicable at the time of the order.
26. You may pay by submitting your credit or debit card information with your order and we can take payment immediately or otherwise before delivery of the goods.

Delivery

27. We will deliver the goods, to the delivery location by the time or within an agreed period or, failing any agreement, without undue delay and, in any case, If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
28. In any case, regardless of events beyond our control, if we do not deliver the goods in reasonable time, you can treat the contract at an end if:
    1. We have refused 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
    2. 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 within that period.
29. If you treat the contract at an end, we will (in addition to all remedies) promptly return all payments made under the contract.
30. If you are entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the order for any goods or rejecting goods that have been delivered and, if you do this, we will without delay return all payments made under the contract for any such cancelled or rejected goods. If the goods have been delivered, you must return them to us or allow us to collect them from you and we will return any payment once the goods have been returned.
31. We do not generally deliver to addresses outside of the UK, However, we accept an order for delivery outside of that area, you may need to pay import duties or other taxes, and cover the cost of delivery.
32. You agree 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.
33. 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
34. 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.

Collection –  If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 10.00am to 5.00pm Tuesday to Saturday (excluding public holidays) and 10.00 to 4.30 on Sundays. We are closed on Mondays.

Risk and Title

35. Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.
36. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any deliver and end any right to use the goods still owned by you, in which case you must return or allow us to collect them.

Withdrawal and Cancelation

37. 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.
38. You can cancel the contact except for any goods with are made to your special requirements by telling us no later than 7 days from the day the contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you may return to any of our business premises the goods in undamaged condition at your own expense. The we must without delay refund to you the price for those goods which have been paid for in advance but is 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 below.
39. This is a distance contact whish has the cancellation rights set out below. These cancellation rights, however, do not apply to a contract for the following goods (with no others) in the following circumstances:
    1. Goods that are made to your specific requirements or are clearly personalised please contact us to discuss details.

Right to Cancel

40. Subject as stated in these terms and conditions, you can cancel this contract within 14 days without giving any reason
41. 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.
42. To exercise the right to cancel, you must contact us of your decision to cancel this contract by a clear statement of the customers decision to cancel the contract on our website (heartgalleries.co.uk). If you use this option, we will communicate to you an acknowledgement of receipt of such cancellation in a durable medium without delay.
43. 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.

Effects of cancellation in the cancellation period

44. Except as se out below if you cancel this contract, we will reimburse to you all payments received from you,

Timing of Reimbursement

45. If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than:
    1. 14 days after the day we receive back from you any goods supplied.
46. If we have offered to collect the goods or if no goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
47. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement

Returning Goods

48. If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us without delay and in any event no 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.
49. For the purpose of these cancellation rights, these words have the following meanings
    1. Distant contract means a contract concluded between a trade and a consumer under an organised distance sales or service provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
    2. Sales Contract means a contact under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity and Guarantee

50. 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
51. Upon delivery, the goods will:
    1. Be of satisfactory quality
    2. Be reasonably fit for any particular purpose for which you buy the goods which, before the contact is made, you made known to us (unless you did not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the contract
    3. Conform to their description
52. It is not a failure to conform if the failure has its origin in your materials

Circumstances beyond the control of either party

53. In the event of any failure by a party because of something beyond its reasonable control.
    1. The party will advise the other party as soon as reasonably practicable
    2. The party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customers above rights relating to the delivery and any right to cancel.

Privacy

54. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
55. These terms and conditions should be read alongside and are an addition to our policies, including our privacy policy
56. For the purpose of these terms and conditions
    1. Data Protection laws means any applicable law relating to the processing of personal data, including, but not limited to the GDPR
    2. GDRP means the UK General data protection regulation
    3. Data Controller, personal data and processing shall have the same meaning as in the GDPR
57. We are a data controller of the personal data we process in providing goods to you
58. Where you supply personal data to us so we can provide goods to you, and we process that personal data in the course of providing goods to you, we will comply with our obligations imposed by the data protection laws.
    1. Before or at the time of collection personal data, we will identify the purposes for which information is being collected
    2. We will only process personal data for the purposes identified
    3. We will respect your rights in relation to your personal data
    4. We will implement technical organisational measures to ensure your personal data is secure
59. For any enquires or complaints regarding data privacy you can email us at art@heartgalleries.co.uk

Excluding liability

60. The supplier does not exclude liability for: Any fraudulent act or omission. 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 when the contract was made, or (ii) loss (e.g. loss of profit) to the customers 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

61. The contract (including any non-contractual matters) is governed by the law of England and Wales
62. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the court respectively.
63. We try to avoid any dispute, so we deal with complaints in the following way; if a dispute occurs, customers should contact us regarding any questions, comments or complaints regarding any purchase are welcomed and should eb addressed to art@heartgalleries.co.uk.
64. At heart galleries we aim to provide a solution within 14 days of initial contact from the customer.

Kind Regards, Heart Galleries