These are the terms and conditions (“Terms”) are the Terms of Skylark Galleries Ltd, a company registered in England, number 06543742, whose registered office is 32 Seymour Road, East Molesey, Surrey, KT8 OPB (“Skylark”) (“we”, “us”, “our”) to you as a consumer customer. (“you” “your”).
These Terms together with any and all other documents referred to herein, set out the Terms under which Artwork are sold by Skylark to consumer customers through this website, www.skylarkgalleries.com (“Our Site”).
Please read these Terms carefully and ensure that you understand them before ordering any Artwork from Our Site. You will be required to confirm you have read and accept these Terms when ordering Artwork. If you do not agree to comply with and be bound by these Terms you will not be able to order Artwork through Our Site. These Terms, as well as any and all Contracts are in the English language only.
ABOUT SKYLARK
We are a collective of artists operating under the umbrella of Skylark Galleries Ltd and as such we are a bit different from most websites. There are no middle men or women taking a cut, with Skylark you are buying directly from the artists!
If you choose to buy something from one of our artists you will EITHER be taken to the online shop run by Skylark Galleries OR be taken to the web shop of the artist to process the sale OR you can contact us via email to enquire whether the Artwork seen on the website or on our social media are still available to purchase.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
a. “Artwork” means the artwork and art object(s) that are displayed as for sale on Our Site;
b. “Contract” means a contract for the purchase and sale of Artwork, as explained in Clause 6;
c. “Order” means your order for Artwork;
d. “Order Confirmation” means our acceptance and confirmation of your Order;
e. “Order Number” means the reference number for your Order
1.2 Our Site, is owned and operated by Skylark.
1.3 We also operate a Gallery: Skylark Galleries 1 situated at The Wharf Restaurant, 5, 56 Upper Ground, Bishops, London, SE1 9PP.
1.4 Access to Our Site is free of charge.
1.5 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
1.6 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
2. AGE RESTRICTIONS
2.1 Consumers may only purchase Artwork through Our Site if they are at least 18 years of age.
2.2 None of the Artwork on Our Site may be purchased by anyone under 18 years of age.
3. INTERNATIONAL CUSTOMERS
Please note that We currently only deliver within the United Kingdom.
4. ARTWORK, PRICING AND AVAILABILITY
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Artwork available from Skylark correspond to the actual Artwork. Please note, however, the following:
4.1.1 Images of Artwork are for illustrative purposes only. There may be slight variations in colour between the image of any Artwork and the actual Artwork sold due to differences in computer displays and lighting conditions;
4.1.2 Due to the nature of the Artwork sold through Our Site, there may be a small percentage variance in the dimensions, weight, between the actual Artwork and the description.
4.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Artworks, not to different Artwork altogether. Please refer to clause 8 if you receive incorrect Artwork (i.e. Artwork that are not as described)
4.3 Where appropriate, you may be required to select the required size, colour, edition number, of the Artwork that you are purchasing.
4.4 We cannot guarantee that Artwork will always be available, especially where an artist’s work is on Our Site and you click a link to access that artist’s own website. Stock indications are not provided on Our Site.
4.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any order that you have already placed.
4.6 All prices are checked by Skylark before we accept your Order. In the unlikely event that Skylark have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, we will give you the option to purchase the Artwork at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within 7 days, we will treat your Order as cancelled and notify you of this in writing.
4.7 In the event that the price of Artwork you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.8 Delivery charges and insurance for mainland UK, Northern Ireland & Isle of Man are included in the price of Artwork displayed on the click and buy section of Our Site. For more information on delivery charges, please refer to the website Shipping & Delivery page. There is an exception for remote Scottish postcodes.
4.9 When you buy directly from an artist’s own website, delivery charges are a matter between you and the artist.
5. ORDERS – HOW CONTRACTS ARE FORMED
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 If, during the order process, you provide Skylark with incorrect or incomplete information, please contact Skylark as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, we reserve the right to pass those costs on to you.
5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that Skylark may, at our sole discretion, accept. Skylark’s acceptance is indicated by us sending you an Order Confirmation by email. Only once Skylark have sent you an Order Confirmation will there be a legally binding Contract between Skylark and you.
5.4 Order Confirmations shall contain the following information:
5.4.1 Your Order Number;
5.4.2 Confirmation of the Artwork ordered including title of that Artwork;
5.4.3 Fully itemised pricing for the Artwork ordered including, where appropriate, taxes, delivery and other additional charges;
5.5 In the unlikely event that we do not accept or cannot fulfil your Order for any reason, we will explain why in writing by email. No payment will be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 21 days.
Any refunds due under this Clause 5 will be made using the same payment method that you used when ordering the Artwork unless you specifically request that we make a refund using a different method and we are able to do so, at no extra cost to Skylark.
6. PAYMENT
6.1 Payment for Artwork and related delivery charges must always be made in advance and you will be prompted to pay during the order process. It will be charged immediately.
6.2 Skylark accept the following methods of payment on Our Site:
6.2.1 BACS;
6.2.2 Credit & Debit Card;
6.2.3 PayPal
7. DELIVERY, RISK AND OWNERSHIP
7.1 All Artwork purchased through Our Site will normally be delivered within 30 calendar days after the date of our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control, for which see Clause 12).
7.2 If for any reason we are unable to deliver the Artwork to your chosen delivery address, we will leave a note informing you that the Artwork have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Artwork or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, the item will be returned to us at your cost. We may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
7.3 In the unlikely event that we fail to deliver the Artwork within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 7.1), if any of the following apply you may treat the Contract as being at an end immediately:
7.3.1 we have refused to deliver your Artwork; or
7.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
7.3.3 you told us when ordering the Artwork that delivery within that time period was essential.
7.4 If you do not wish to cancel under sub-Clause 7.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
7.5 You may cancel all or part of your Order under sub-Clauses 7.3 or 7.4 provided that separating the Artwork in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Artwork and their delivery will be refunded to you within 21 days. Please note that if any cancelled Artwork are delivered to you, you must return them to Skylark or arrange with Skylark for their collection. In either case, we will bear the cost of returning the cancelled Artwork.
7.6 Delivery shall be deemed complete and the responsibility for the Artwork will pass to you once We have delivered the Artwork to the address including, where relevant, any alternative address you have provided.
7.7 Ownership of the Artwork passes to you once we have received payment in full of all sums due (including any applicable delivery charges). Please note: although you own the original artwork you do not own the copyright.
7.8 Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Artwork unless you specifically request that we make a refund using a different method, and we are able to do that at no extra cost to Skylark.
8. FAULTY, DAMAGED OR INCORRECT ARTWORK
8.1 By law, We must provide Artwork that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any images/photographs that you have seen (unless we have made you aware of any differences). If any Artwork you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Artwork, please contact Skylark at info@skylarkgalleries.com as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. The following information will be required; photos of any damage to the packaging and any damage to the Artwork. Beginning on the day that you receive the Artwork (and ownership of them) you have a 14 calendar day right to reject the Artwork and to receive a full refund if they do not conform as stated above.
8.2 Please note that you will not be eligible to claim under this Clause 8 if we informed you of the blemishes, fault(s), damage or other problems with the Artwork before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Artwork for an unsuitable purpose that is neither obvious nor made known to Skylark and the problem has resulted from your use of the Artwork for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Artwork to Skylark under this Clause 8 merely because you have changed your mind. If you are a consumer, you have a legal right to a 14 calendar day cooling-off period within which you can return Artwork for this reason. Please refer to Clause 9 for more details.
8.3 To return Artwork to Us for any reason under this Clause 8, please contact us at info@skylarkgalleries.com to arrange for a collection and return. We will be fully responsible for the costs of returning Artwork under this Clause and will reimburse you where appropriate.
8.4 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 21 calendar days of the day on which we agree that you are entitled to the refund.
8.5 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Artwork were originally purchased.
8.5.1 We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 8.
8.6 Refunds under this Clause 8 will be made using the same payment method that you used when ordering the Artwork unless you specifically request that we make a refund using a different method and Skylark are able to do so.
8.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. CANCELLING AND RETURNING ARTWORK IF YOU CHANGE YOUR MIND
9.1 If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Skylark is formed. You may also cancel for any reason before we send the Order Confirmation.
9.2 If the Artwork are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Artwork.
9.3 If you wish to exercise your right to cancel under this Clause 9, you must inform Skylark of your decision within the cooling-off period. Cancellation by email is effective from the date on which you send Skylark your message. Please use the following details:
9.3.1 Telephone: 0207 928 4005;
9.3.2 Email: info@skylarkgalleries.com; and
9.3.3 in each case, providing Skylark with your name, address, email address, telephone number, and Order Number.
9.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Artwork and services, however please note that you are under no obligation to provide any details if you do not wish to.
9.5 Please note that you may lose your legal right to cancel under this Clause 9 in the following circumstances:
9.5.1 If the Artwork are sealed for health or hygiene reasons and you have unsealed those Artwork after receiving them;
9.5.2 If the Artwork includes items that are likely to deteriorate quickly, for example flowers;
9.5.3 If the Artwork have been personalised or custom-made for you;
9.5.4 If the Artwork have been inseparably mixed with other items (according to their nature) after you have received them.
9.6 Please ensure that you return Artwork to Skylark no more than 14 calendar days after the day on which you have informed Skylark that you wish to cancel under this Clause 9. Please use original packaging to prevent any damage during transit. All p&p, insurance will be at your cost.
9.7 You may request that we collect the Artwork from you. Where we agree you must ensure that the Artwork are ready for collection at the agreed time and location. If not then there may be additional charges.
9.7.1 You may return Artwork to Us in person during our business hours at Our Gallery at the address listed above as set out in clause 1.3 but only with prior arrangement. You may also return them by post or another suitable delivery service of your choice to our returns address on the original packaging. Please contact us to arrange for a collection and return. Please note that you must bear the costs of returning Artwork to Skylark if cancelling under this Clause 9. We will also charge you the direct cost to us of collection if you request that we collect the Artwork from you. The cost of returning Artwork to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
9.8 Refunds under this Clause 9 will be issued to you within 14 calendar days of the following:
9.8.1 The day on which Skylark receive the Artwork back; or
9.8.2 The day on which you inform us (supplying evidence) that you have sent the Artwork back (if this is earlier than the day under sub-Clause 9.9.1); or
9.8.3 If We are collecting the Artwork under sub-Clause 9.7, the day on which you inform Skylark that you wish to cancel the Contract.
9.9 Refunds under this Clause 9 may be subject to deductions in the following circumstances:
9.9.1 Refunds may be reduced for any diminished value in the Artwork resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if Skylark issue a refund before we have received the Artwork and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Artwork have been handled excessively.
9.10 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Artwork.
10. OUR LIABILITY TO CONSUMERS
10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and Skylark when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.2 We only supply Artwork for domestic and private use by consumers. We make no warranty or representation that the Artwork are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
10.3 Skylark will accept no responsibility for any computer damage including but not limited to Trojans, malware, bugs from any link you click on to that is on our website where an artist is providing a link.
10.4 Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.5 Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
11.1 Skylark will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect our performance of any of our obligations under these Terms, we will inform you as soon as is reasonably possible and we will take all reasonable steps to minimise the delay.
11.3 To the extent that we cannot minimise the delay, our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits that we are bound by will be extended accordingly.
11.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Artwork as necessary.
11.5 If the event outside of Our control continues for more than 28 days, we will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is cancelled.
11.6 If an event outside of Our control occurs [and continues for more than 28 days and you wish to cancel the Contract as a result, you may contact us directly to cancel via email: info@skylarkgalleries.com providing us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 28 days of the date on which the Contract is cancelled.
12. COMMUNICATION AND CONTACT DETAILS
12.1 If you wish to contact Skylark with general questions or complaints, you may contact us by telephone at 0207 928 4005, by email at info@skylarkgalleries.com, or by post at 5, Gabriel’s Wharf, 56 Upper Ground, London SE1 9PP.
12.2 For matters relating the Artwork or your Order, please contact Us by telephone at 0207 928 4005, by email at info@skylarkgalleries.com, or by post at 5, Gabriel’s Wharf, 56 Upper Ground, London SE1 9PP.
12.3 For matters relating to cancellations, please contact Us by telephone at 0207 928 4005, by email at info@skylarkgalleries.com, by post at 5, Gabriel’s Wharf, 56 Upper Ground, London SE1 9PP, or refer to the relevant clauses above.
13. COMPLAINTS AND FEEDBACK
13.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
13.2 All complaints are handled in accordance with our complaints handling policy and procedure.
13.3 If you wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:
13.3.1 in writing, addressed to Gill Hickman, Director, 5, Gabriel’s Wharf, 56 Upper Ground, London SE1 9PP;
13.3.2 by email, addressed to Gill Hickman Director, at info@skylarkgalleries.com;
13.3.3 by contacting Skylark by telephone on 0207 928 4005.
14. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
14.1 All personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the General Data Protection Regulations 2016/679 (“GDPR 2018”) and any subsequent amendments and the Privacy and Electronic Communications (EC Directive) Regulations 2003).
14.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy.
15. OTHER IMPORTANT TERMS
15.1 We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by Skylark in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without our express written permission.
15.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
15.4 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
15.5 No failure or delay by Skylark in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
15.6 We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Artwork you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 21 days of your cancellation.
16. GOVERNING LAW
16.1 These Terms are governed by, and is to be construed in accordance with, English law and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
