Artwork and Merchandise Sales Terms and Conditions 

CONTRACT FORMATION 

1.     These terms and conditions of sale (“Terms”) apply to the sale of all goods either online or in a gallery between Louise Miller c/o The Nottingham Society of Artists, 71-73 Friar Lane, Nottingham, NG1 6DH England, United Kingdom (“we/us”) and any visitors (“you”) online to our website at www.louisemillerart.com, or through our social media platforms (“Site”) and to an in-person exhibition organised by Louise Miller (“Gallery”). 

2.     No contract shall exist between you and us for the sale of any goods until we acknowledge your Order, confirm the availability, and accept your order. These Terms represent the entire agreement between us. 

3.     By placing an order for any goods with age restrictions, you declare that you are eighteen or over to purchase the goods. 

4.     The price and description of the goods are displayed on our Site and in the Gallery. Such information is subject to change without notice. 

5.     Subject to clauses 2 and 6, the price you shall pay for the goods is displayed on our Site and in the Gallery when we receive your order. This includes VAT if we are registered for VAT. Upon acceptance of your order, you may pay by credit/debit card, bank transfer or PayPal.

6.     If an error is discovered in the price of the goods you ordered, we will inform you as soon as possible. If you order an item and the price published on the Site or Gallery is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or, if you so choose, to cancel the order altogether. If you cancel, we shall refund the total amount in accordance with these Terms. 

7.     COLLECTION OR DELIVERY OF THE GOODS

i. For all purchases made online from the Site
Original artworks will be sent directly from us to the delivery address you provide by art courier, or by regular courier for merchandise items. We will provide an expected delivery timeframe but please note that this may be subject to change without notice due to our reliance on third party couriers and your availability to receive the delivery that is not in our control. For international sales outside the UK, any importation charges, taxes or duties are your sole responsibility. Please contact info@louisemillerart.com with any questions. 

ii. For artwork purchases made in person at a Gallery
Artwork collection can only take place after the close of the exhibition. The period of dates and times for collection is provided to you prior to payment and on signs at the Gallery (“Official Collection Window”). The collection is your responsibility. However, we can arrange for shipping if you cannot collect in-person. Shipping is not included in the artwork’s price and will be an additional cost.

If the goods are not collected by you, or on your behalf, by the close of the Official Collection Window, the goods may be moved to another location and you will be responsible for collecting the items from the alternative location. 

If the goods remain uncollected within two weeks of the Official Collection Window you will be deemed to have received the goods and have agreed to these Terms and Conditions. Please note that returns or cancellations for uncollected items will not be accepted.

  iii. For merchandise purchases made in person at a Gallery
Merchandise items must be taken away with you as soon as your purchase has been completed at the Gallery.

8.     We endeavour to ensure that all items shown on the Site are accurately represented. There may, however, be some slight variations (and this should be expected) between what you see and what you receive in any order, which you agree to accept, provided the variations are not substantial. We may correct any typographical or other errors or omissions in any catalogue, sales literature, quotation or other document relating to the sale of the goods without any liability to you. 

9.     Neither we nor our employees or agents are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any work nor for any other errors of description or any faults or defects in any work. 

10.   We will take all reasonable precautions to keep the details of your order and payment secure by using a third-party payment provider that uses industry-standard Secure Sockets Layer (SSL) encryption technology, making our pages secure. Accordingly, unless we are negligent, we cannot be held liable for any losses caused by unauthorised access to your information on our Site or our payment provider. 

11.   The price of the goods is payable in full before collection for all goods on the Site or at the Gallery. 

12.   Payment receipts are automated following purchases made online from the Site. If the goods are not paid for in full on or before collection, they shall remain our property until payment is received from you. 

AVAILABILITY

13.   All goods are subject to availability. Any order placed for goods shall constitute a reservation only of the item until we have had an opportunity to verify its availability and notify you by email that your order is confirmed. We will take all reasonable steps to comply with Anti Money Laundering procedures as legally required. 

14.   If the goods have been fully paid for, you will become the owner when collected in person or by courier. Risk of loss or damage to the goods passes to you upon collection. 

RIGHT TO CANCEL - FOR ONLINE SITE PURCHASES ONLY

15.   You may cancel an order for goods from the Site within fourteen working days, beginning from the official starting day of collection. 

16.   If you cancel a Site order within this timeframe, you should notify us in writing at the email address in clause 1 and sending it to us. You will be responsible for the cost of returning the goods. 

17.   When returning Site-purchased goods, you must ensure that the goods are not damaged, either in your possession or in transit. We reserve the right to deduct a charge to put the item back into the condition in which it was sold, where it has been damaged or shows signs of wear and tear and/or refuse the cancellation. 

18. You must return the Site-purchased goods within three working days of cancellation and at your own expense. We shall provide a full refund for goods paid in full that are returned or cancelled in accordance with these Terms. The refund will be executed as soon as possible and, in any event, within a period not exceeding fourteen days of receiving the goods back. Any other refund not satisfying the above conditions will only be made at our discretion.

19. Clauses 15 to 18 above do not apply to items purchased in-person from the Gallery. All sales are final when purchasing in person.

20. Your statutory rights are not affected. 

WARRANTIES

21.   Original artworks are warranted free from defects in material and workmanship for fourteen days from delivery. This warranty does not apply to any defect in the goods declared to you on purchase, arising from fair wear and tear, wilful damage, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval. This warranty does not affect your rights as a consumer. We recommend following the British Association of Paintings Conservator-Restorers guidelines for care and storage of original artworks at www.bapcr.org.uk.

22.   If the original artworks supplied to you develop a defect while under warranty, or you have any other complaint about the goods, please email us at info@louisemillerart.com. 

23. Merchandise and reproductions / prints are excluded from this warranty. This does not affect your rights as a consumer.

YOUR DETAILS 

23.   We will hold the personal information you give us when placing your order in accordance with all current data protection legislation and in accordance with our privacy policy. 

24.   Sometimes, we work with external suppliers to provide certain services, such as payment processing. All data is transferred securely, and all external suppliers have signed data processing and confidentiality agreements with us. 

25.   We will never sell, rent or exchange your details with any third parties. 

26.   If you consent (which may be made verbally in person at an exhibition), we will add you to our mailing list to receive news on future projects and exhibitions. You can opt out from all future emails via the unsubscribe link at the bottom of all our emails. 

27. You are responsible for informing us of changes to your personal details. You may also instruct us to provide you with any personal information we hold about you by making a Subject Access Request. Such requests have to be made in writing. To make a request contact us at info@louisemillerart.com. 

COPYRIGHT

28. The copyright of all items is retained by us as the artist. No reproductions of our artworks are permitted either in physical or virtual form without our express permission. Please contact info@louisemillerart.com with any licensing enquiries.

LIABILITY

29.   If either you or we are in breach of these Terms, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach and shall not, in any event, include losses related to any business of yours such as lost data, lost profits or business interruption. 

30.   The entire liability of either you or us regarding any claim in connection with these Terms shall not exceed the price paid for the goods in question. 

FORCE MAJEURE 

31. We shall not be liable to you for any failure to deliver the goods you ordered or any delay, damage or defect to the goods collected caused by any event or circumstance beyond our reasonable control. 

GOVERNING LAW 

32. English law applies to these terms and conditions and any sale of goods to which they apply, and you agree to submit to the exclusive jurisdiction of the English courts in all matters arising from these Terms.