ONLINE TERMS OF SALE
PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH YOUR ORDER, FOR FUTURE REFERENCE
1. FORMATION OF THE CONTRACT
1.1 Welcome to the Presenza Website. These terms of sale set out the terms and conditions supplies goods ordered from Presenza’s website.
1.2 These Terms should be read carefully by you before you place an order for goods from Presenza. By entering our Website, you agree to these terms and conditions. Please review these carefully prior to making any purchases. By using this site you agree to comply with these Terms.
Presenza Limited is a company registered in England and Wales under number 10561969 whose registered office is at 5 Cleveland Gardens, W2 6HA.
The following terms and conditions listed below will apply between you and Presenza for the sale and purchase of the items contained in your basket. The terms do not affect your statutory rights.
1.3 These Terms, and any contract between us for the sale of goods to you, are only in the English language.
1.4 To place an order on the Website, you will need to add goods to your basket on the relevant “Shop” pages of the Website, click “Checkout”, and provide us with the delivery and billing information requested. Please take the time to read and check your order at each page of the order process.
1.5 After you place an order, Presenza will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.
1.6 Presenza will confirm its acceptance of your order by sending you a confirmation email. Presenza shall not be under any obligation to accept your order and the contract between you and Presenza for the sale of goods will only be formed once Presenza has sent you such Dispatch Email.
1.7 If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Presenza for the purchase of goods.
1.8 Any contract between you and Presenza is subject to your right of cancellation if you are a consumer (see 5.1 below).
1.9 Presenza may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.
2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
2.1 All goods are subject to availability. All of the works are unique pieces and not reproducible.
2.2 The description and specification of the goods you order will be as shown on the Website at the time you place your order.
2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in UK pounds sterling and are exclusive of delivery and taxes charges, which will be added to the price of the goods on confirmation of the delivery address and prior to you making payment. For deliveries outside UK and EU you will need to fill a form and we will get back to you with a delivery quote, including taxes and additional charges.
2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, Presenza will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Presenza will refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
2.5 The price of the goods shown on the Website is inclusive of VAT (where applicable) at the relevant rate chargeable in the UK at the date of your order.
2.6 Where the goods are supplied for export from the EU, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
3.1 Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Maestro and JCB).
3.2 All deliveries are subject to prior authorisation of your payment.
3.3 If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide Presenza with details of the debit or credit card used for the purchase of the goods.
4. DELIVERY AND RISK
4.1 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 by Presenza.
4.2 All artworks ordered from Presenza shall be sent to you via a secure courier service. Presenza shall endeavour to deliver within the UK and EU within 3-4 weeks after the end date of the exhibition upon receiving your payment and outside the EU within 21 days.
4.3 If delivery cannot be made to the delivery address provided, Presenza will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Delivery Company shall be entitled to store the goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Delivery Company’s liability in respect of the Goods or part thereof, stored as aforesaid, shall wholly cease. 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 Presenza has received payment in full for such costs.
4.5 A signature will be required on delivery of all Presenza artworks. Receipt of a signature at the delivery address for any artworks ordered by you shall be proof that the order has been delivered to you.
4.6 Every effort will be made to deliver the goods within the time periods specified above. If Presenza is unable to deliver the goods within such time periods, Presenza 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.
4.7 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
5. YOUR RIGHT OF CANCELLATION AS A CONSUMER
5.1 If you are a consumer, you have the right to cancel the contract with Presenza at any time up to the end of fourteen working days after you receive the goods and in accordance with this clause 5. A working day is any day other than a Saturday, Sunday or public holiday in the UK.
5.2 To exercise your right of cancellation, you must give written notice to Presenza by hand or post or email, to the address or email address shown at 11 below, giving details of the goods ordered and (where appropriate) their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Presenza at your own cost, in unused and accompanied by a condition report. Presenza will then notify you whether cancellation has been approved and provide you with the delivery address. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
5.4 Once you have notified Presenza that you are cancelling the contract, Presenza will refund you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
5.5 If you do not return the goods as required after exercising your right of cancellation, Presenza may charge you for the direct costs of recovering the goods.
6. PUBLIC DISPLAY OF EDITIONS OR ARTWORK
You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Presenza on behalf of the artist of such edition.
7. 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 edition.
9.1 Nothing in this clause 9 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.
9.2 Subject to 9.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
9.2.1 All conditions, warranties and other terms which might be implied into these Terms by law or otherwise;
9.2.2 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.
9.3 Subject to 9.1 above, Presenza shall not be responsible for any defect in the goods arising from fair wear and tear, wilful 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 Presenza by phone or post or email in accordance with the contact details at 11 below.
9.4 Presenza 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 Presenza’s reasonable control.
9.5 If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
11. PRESENZ’S CONTACT DETAILS
If you have any queries about your purchase of goods, these Terms or any other aspect of our Website you can email us at firstname.lastname@example.org . We will endeavour to respond as quickly as possible.
12.1 Presenza may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
12.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
12.3 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 Presenza for the supply of goods.
12.4 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.
12.5 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.
12.6 These Terms and the supply of the goods by Presenza 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.
12.7 These Terms were last updated on 26.01.2017