Terms and Conditions of Supply
These Terms and Conditions apply to the use of the Art Platform Shop and Orders made through it. Please read these Terms and Conditions carefully before using the Art Platform Shop. By accessing the Art Platform Shop and/or by placing an Order, you signify your agreement to be bound by these Terms and Conditions. These Terms and Conditions do not affect your statutory rights.
Definitions and Interpretation
In these Terms and Conditions, the following definitions shall apply:
Art Platform: the operating name of Display Fever, art platform and online gallery
Art Platform Shop: the online gallery with the URL www.displayfever.com
Digital Licensed Image: a high-resolution digitally-downloaded image made available for sale on the Art Platform Shop.
Goods: works of art, including but not limited to sculptures, paintings, installations (or any part of them) made available for sale on the Art Platform Shop (including Digital Licensed Images) or those set out in the Order.
Order: the Order for the Goods submitted by you.
Promotional Codes: promotional codes and discounts (including discounts, offers, promotions, prize draws, vouchers, competitions etc.) offered by the Art Platform Shop to new and/or existing Art Platform customers.
1. The Contract
1.1 Most of the Goods supplied are in the form of made or digital downloads. Art Platform may use third party service providers to fulfil its obligations under the Contract.
1.2 Your use of the Digital Licensed Images supplied to you via the Art Platform Shop shall be governed by and subject to the separate Art Platform Digital Licensed Image Agreement between you and Art Platform entered into when you purchase the Digital Licensed Image from the Art Platform Shop.
1.3 When you place an Order to purchase a product from Art Platform, we will send you an email confirming receipt of your Order. This confirmation email is acknowledgement that we have received your Order and taken payment, but does not confirm acceptance of your offer to buy the Good(s) ordered. We only accept your offer, and conclude the Contract of sale for Goods ordered by you, when we dispatch the Goods to you and send an email confirmation to you that we've dispatched the Goods to you. If your Goods are dispatched in more than one package, you may receive a separate confirmation email for each package, and each confirmation email and corresponding dispatch will conclude a separate Contract of sale between us for the Goods specified in that confirmation email.
1.4 It is not possible to return the Goods or cancel the Order after you made the payment. The artworks are not refundable unique pieces.
2. Your Order
2.1 You can pay either by EFT, VISA, VISA Debit or MasterCard. Orders will only be processed if you provide the card holder's name as it is shown on the card together with the postcode that appears on the card statement. No responsibility can be taken by Art Platform for incorrect or incomplete details submitted on the Art Platform Shop.
2.2 You undertake that all details you provide for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own (or have authority to use it) and that there are sufficient funds to cover the cost of the Goods ordered.
2.3 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on the Art Platform Shop to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on the Art Platform Shop.
3. Goods Information
Painting, sculpture, photography, film, video, installation, prints, sound, writing
Large-scale works such as painting, sculpture and installations are supplied with safe packaging solutions with a warranty. The packaging materials are chosen depending on the fragility and scale of the artwork.
Photography is supplied as a print-to-order image from the Art Platform archive printed on the choice of the artist. Photography is supplied un-framed and in a cardboard box.
Film, and video work are supplied with authentic digital copies via email with a certificate of authenticity.
Sound is supplied as an authentic digital copy via email with a certificate of authenticity. Art prints
Art prints are supplied as a print to order image from the Art Platform archive printed on the artists choice of papers. Art prints are supplied un-framed and rolled in a cardboard poster tube.
Framed prints
Framed prints are supplied as a print to order image from the Art Platform archive printed on the artists choice of papers. This print comes with amount(s) and a frame chosen from a defined selection offered at the time of order.
Limited edition prints
From time to time we may offer limited edition prints from Art Platform exhibitions. These will be in a very limited number and supplied in the stated size, paper type, and frame. Limited Edition prints may not be customized.
Digital Licensed Images
You may purchase and download Digital Licensed Images under a licence for use, which include the criteria you selected during purchase.
4. Art Platform Image Licence Agreement
Your use of the Digital Licensed Images purchased via the Art Platform Shop shall also be governed by and subject to the separate Art Platform Digital Licensed Image Agreement between you and Art Platform entered into when you purchase the Digital Licensed Image from the Art Platform Shop.
5. Pricing and availability
The price of Goods available in the Art Platform Shop may change from time to time, without prior notice. The price you pay will be the price displayed on the Art Platform Shop at the time we receive your Order, apart from the following exception:
(a) While we do our best to ensure that all our prices on the Art Platform Shop are accurate, it is possible that, occasionally, prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods to you at an incorrect, lower price, even after we have acknowledged your Order. If we cannot contact you, we will treat the Order as cancelled and refund you the price paid.
(b) We list prices in pounds sterling and all prices are inclusive of VAT. The prices of the Goods are exclusive of the costs and charges of packaging and delivery. Delivery charges will depend on the delivery method you choose and will be clearly shown throughout the checkout process.
(c) All prices are exclusive of any other sales tax or duty that may be applicable and which will be payable in addition to the price unless otherwise stated. Also all prices are exclusive of delivery, shipping and custom costs. These costs will be invoiced to you separately.
6. Delivery
6.1 Art Platform and/or a third party supplier will deliver the Goods to the address (for Digital Licensed Images, the email address) specified in your Order. Please be clear and precise about your address when placing your Order.
6.2 Risk and title in the Goods pass when the Goods are delivered to you. We cannot accept any liability for any loss or damage to the Goods arising after they have been delivered to you.
6.3 Every effort will be made to dispatch the Goods in your Order within fourteen (14) working days and in any event within 28 days from receipt of your Order.
6.4 Digital Licensed Images should become available within 24 hours of receipt of payment. If your download is not available within 2 days please contact us by emailing info@displayfever.com. Your image will be available to download for 28 days.
6.5 If you Order two or more Goods then they may be dispatched separately and arrive with you at different times.
6.6 Please contact us should you wish to request international delivery, which may be available for certain items, at info@displayfever.com , subject to clause 6.11.
6.7 If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible by contacting us at info@displayfever.com.
6.8 If your order does not arrive within the advised delivery times please contact us at info@displayfever.com.
7. Complaints
7.1 If you have any questions or complaints about the Goods, please contact us. We aim to deal with all complaints as effectively as possible.
7.2 Your complaint should be sent by email to Customer Services at info@displayfever.com.
7.3 We aim to acknowledge any complaint made through the Art Platform Shop by email within two working days, and to conclude our investigations as soon as possible thereafter and, in any event, within 14 days. Telephone complaints will not necessarily be acknowledged by email prior to investigation. Our acknowledgement will always include the name of the person who is handling your case and we shall keep you fully aware of the progress of your complaint. A likely timescale for resolution will be provided upon request, but this timescale will be dependent upon the specific nature of the complaint. If we are unable to resolve your complaint we shall give you an explanation of why your complaint was rejected (where applicable).
8. Privacy and data protection
8.1 We shall process your data in accordance with the terms of the Art Platform Shop Privacy Policy. Please view this document for further information. All information provided by you will be held securely and treated in accordance with the Data Protection Act 1998, the General Data Protection Regulation, and other applicable national data privacy laws.
8.2 When you visit the Art Platform Shop, or send emails to Art Platform Shop, you are communicating with us electronically. We will normally communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. Liability Disclaimer
Art Platform does not give any guarantee with regard to the Goods unless if it is broken or damaged during transportation. Art Platform will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause beyond our reasonable control.
10. Customs
When ordering goods from the Art Platform Shop for delivery overseas you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from the Art Platform Shop you are considered the importer of record and must comply with all laws and regulations of the co0ntry in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.
11. Variation
Art Platform reserves the right to make changes to these Terms and Conditions at any time. However, you will be subject to the Terms and Conditions and policies in force at the time that you Order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law (in which case it may apply to Orders previously placed by you). If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
12. Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
13. Waivers
No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.
14. Third party rights
A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.
15. Governing law and jurisdiction
These Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.