TERMS AND CONDITIONS OF PURCHASE
This page tells you the terms and conditions on which we supply any of the products (together the “Products” and each a “Product”) listed on our website www.londonartfair.co.uk (“our site”) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
INFORMATION ABOUT US
1. We operate the website www.londonartfair.co.uk. We are Upper Street Events Limited, a company registered in England and Wales under company number 06350012 and with our registered office and main trading address at Vineyard House, 44 Brook Green, London W6 7BT. Our VAT number is GB 201 6353 54.
2. Our site is only intended for use by people resident in the UK and Channel Islands. We do not accept orders from addresses outside the UK and Channel Islands. If you are based outside of the UK and wish to order any of the Products on the site, please contact the gallery directly using the gallery’s contact information provided on our site.
3. By placing an order through our site, you warrant that:
a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old;
c) you are resident in the UK and/or Channel Islands; and
d) you are accessing our site from the UK and/or Channel Islands.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and by the relevant gallery that is supplying and arranging the fulfillment of the Product via the site (the “gallery”), and the relevant gallery will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when you have received the Dispatch Confirmation.
5. The Contract will relate only to those Products whose dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. If you are contracting as a consumer, you may cancel a Contract at any time up to the fourteenth day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clauses 18 to 20 below).
7. To cancel a Contract you must send us an email at email@example.com. If you have already received the Product, you must also return the Product at your own cost to the relevant gallery within fourteen (14) days of notifying us that you wish to cancel your Contract.
You have a legal obligation to take reasonable care of the Products while they are in your possession. This means that you must not use the Products except to the extent reasonably necessary to inspect and examine them, to establish the nature, characteristics and functioning of the Products to the extent that would reasonably be allowed in a shop. If you fail to comply with this obligation, we reserve the right to make a deduction from the amount of any refund for loss in value of the Products.
8. These cancellation terms and conditions do not affect your other statutory rights as a consumer.
AVAILABILITY AND DELIVERY
9. We aim to get your order to you within 7 working days. However, please allow up to 30 days from the date of delivery you find in your Dispatch Confirmation, or if there is no delivery date, from the date of the Dispatch Confirmation, to receive the Products.
10. If we accept your order, we have a legal duty to supply Products which conform with our agreement with you. However, unfortunately, some Products may be out of stock when you make your order. If that happens, we will do our best to let you know as soon as possible and although it may take a little longer, we will still try get the item out to you. If we are unable to do so, then we will notify you by email as soon as possible and will refund any payments made in relation to those products, to the debit or credit card that you used to make the payment.
If your Product has not arrived within 30 days of the delivery date, please contact the gallery directly using the gallery’s contact information provided on our site.
RISK AND TITLE
11. The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
PRICE AND PAYMENT
12. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
13. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
15. It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
16. If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
17. Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Visa Delta, Visa Electron, Paypal and Switch/Maestro. Payment will be taken at the point of purchase. Upper Street Events and London Art Fair do not store credit card details, nor do we share customer details with any third parties.
OUR REFUNDS AND RETURNS POLICY
18. On receipt of the Products, you must check they match your order. If there is any problem, or if they are defective or damaged you must notify the gallery as soon as is reasonably possible.
a) If you return a Product because you have cancelled the Contract between us within the 14 day-period referred to in clause 6 above, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave the notice of cancellation or where you are in receipt of the Products, within 14 days of the day on which we receive the Products you returned. In this case, we will refund the price of the Product in full, and any applicable standard delivery charges or an amount equal to those charges if you elect to use a more expensive delivery method. However, you will be responsible for the cost of returning the Products to us and refunds will be processed once the Products are received at the relevant return location.
b) If you return a Product because there is a problem with your order or the Product is faulty, we may offer you a repair, replacement or refund as appropriate in accordance with your consumer rights. Please contact the gallery directly using the gallery’s contact information provided on our site. The gallery will inspect and test all Products which are returned. Without prejudice to your rights under clause 6, if following such inspection and testing process it is determined that the Products are not faulty, we will not offer you a repair, exchange or refund.
20. We will refund any money received from you using the same method originally used by you to pay for your purchase.
21. We warrant to you that any Product purchased from us through our site will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
22. Subject to clauses 23 and 24, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and any direct losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
23. Subject to clause 24, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach: (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated; savings; (e) loss of data; or (f) waste of management or office time.
However, this clause 23 will not prevent any claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 23.
24. Nothing in this agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the obligations implied by section 17 of the Consumer Rights Act 2015;
d) defective products under the Consumer Protection Act 1987; or
e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
25. Nothing in this agreement is intended to limit your legal rights as a Consumer. For further information about your legal rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
IMAGES AND DESCRIPTIONS ON THE WEBSITE
26. The images and descriptions of Products on our site are for illustrative purposes only. Although we make every effort to display colours and describe Products accurately, we cannot guarantee that your device’s display will accurately reflect the colours of the Products. Your Product may vary slightly from those images and may display some variation. To the extent permitted by law, we accept no liability for such variations.
27. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
28. All notices given by you to us must be given to Upper Street Events Limited at Vineyard House, 44 Brook Green, London W6 7BT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other way specified in this contract. Notice will be deemed received and properly served immediately when posted on our site, one (1) business day after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
29. The contract between you and us is binding on you and us and on our respective successors and assignees.
30. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
31. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
32. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
33. Events outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks;
f) the acts, decrees, legislation, regulations or restrictions of any government; and
g) pandemic, epidemic or other outbreak of infectious disease(s).
34. Our performance under any Contract is deemed to be suspended for the period that the event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event to a close or to find a solution by which our obligations under the Contract may be performed despite the event.
35. We want you to be completely satisfied with our Products and service. In the unlikely event that you have a complaint, a problem or an issue with your Product, please contact the gallery directly using the contact information provided on our site and email us on firstname.lastname@example.org.
36. Looking after the personal information you share with us is important. For more information on what we use your personal information for, when we use your personal information and how we keep it safe, please visit https://www.upperstreetevents.co.uk/privacy-policy/.
37. If we fail at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
38. A waiver by us of any default will not constitute a waiver of any subsequent default.
39. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses 27 or 28 above.
40. If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
41. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
42. We have the right to revise and amend these terms and conditions from time to time.
43. You will be subject to the policies and terms and conditions 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 or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
44. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
45. Regardless of Clause 43, we agree that if you are a resident in a part of the UK other than England and Wales, the law of that part of the UK will apply to our agreement and any dispute between us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.
THIRD PARTY RIGHTS
46. A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.