Terms and Conditions of Sale
Apollo Galleries LTD Website Shop
1. INFORMATION ABOUT US
We are Apollo Galleries Limited, a company registered in England and Wales under company number 9882592 and with our registered office at 10-12 Mulberry Green, Old Harlow, Essex, United Kingdom, CM17 0ET. Our main trading address is 25 Bury Place, London, WC1A 2JH (“Premises“). References to “we”, “us” and “our” in these terms and conditions mean Apollo Galleries Limited.
2. AUTHORITY TO PURCHASE
2.1 If you are a consumer, you may only purchase Artworks through the Website if you are at least 18 years old.
2.2 If you are a business customer, by placing an order through the Website you confirm that you have authority to bind any business on behalf of whom you are purchasing Artworks via the Website.
3. ORDERING ARTWORK VIA THE WEBSITE
3.1 The Website will guide you through the steps that you need to take to place an order for Artwork. You should check your order and amend any errors before submitting it. It is your responsibility to ensure that the information that you provide to us is correct. If we have to contact, you for any reason we will do this via the email address you provide when registering.
3.2 You will receive an automated email following the submission of your order to acknowledge that we have received your order. However, this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.3 We may reject any orders at our discretion and without explanation. Acceptance and fulfilment of orders will be subject to availability. You acknowledge and accept that each Artwork is unique or there may be limited availability. We will not be liable to you if the Artwork that you wish to order is unavailable for any reason.
3.4 If we accept your order we will confirm our acceptance by sending you a separate confirmation email (“Order Confirmation“). The Agreement between us will only be formed when we send you the Order Confirmation and an invoice with your order number, name, delivery address provided by you and Artwork reference number (“Invoice“).
3.5 If we are unable to supply you with the Artwork that you have ordered for any reason we will inform by email and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount including any delivery costs charged as soon as reasonably possible.
3.6 If you have ordered more than one Artwork we may deliver these to you separately.
3.7 You acknowledge that the images of the Artworks on our Website, or any images that we may send to you as part of the sales process, or any images that may appear in any catalogue or brochure we may produce, are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the Artwork. The Artwork may vary slightly from those images. Any such variation does not constitute an inaccuracy of the description of the Artwork.
3.8 In the event we do not receive payment in full (or any part thereof) for the Artwork (“Price“) for any reason, including but not limited to in the event of cyber fraud, or you fail to pay the Price (or any part thereof) in accordance with the Invoice and this Agreement, we shall have no obligation to deliver the Artwork to you. You shall not accrue any rights in the Artwork and we are entitled to sell the Artwork to a third party without notice to you. Any partial payment we have received will be refunded to you within a reasonable period of time.
3.9 Our description of any Artwork, including details of the age, value, authenticity, ownership, history, use and condition of the Artwork, reflect our opinion only and we therefore do not warrant any information provided to you in relation to the Artworks.
3.10 Our description of the condition of the Artworks may include the following terms:
Restored: the Artwork may have been repaired or otherwise reinstated and some parts may have been replaced;
Fair Condition: the Artwork may be fragmentary or have some obvious damaged;
Fine Condition: the Artwork is likely to be generally complete but may have minor damage or evidence of restoration or repair;
Very Fine Condition: the Artwork usually complete and in good condition, but may have some minor damage, restoration or repair.
3.11 The provisions of clause 8.5 do not apply if the condition of the Artwork reflects the description as defined in clause 3.10.
4. PRICE AND PAYMENT
4.1 The price of the Artwork and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
4.2 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 that you pay, unless you have already paid for the Artwork in full before the change in VAT takes effect.
4.3 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 an Order Confirmation.
4.4 The Website contains a large number of Artworks, and it is always possible that, despite our best efforts, some of the Artwork displayed on our online gallery or store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures and where an Artwork’s correct price is less than our stated price, we will charge the lower amount when dispatching the Artwork to you. If an Artwork’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Artwork, or reject your order and notify you that we are rejecting it.
4.5 If the pricing error is obvious and unmistakable and could have reasonably recognized by you as an error, we do not have to provide the Artwork to you at the incorrect (lower) price.
4.6 Payment for the full price plus applicable delivery charges will be taken from your credit or debit card and cleared before we dispatch the Artwork to you or before you can collect. We, or carefully selected third parties on our behalf, will carry out checks and/or authorizations on with your card issues for security reasons and we may contact you if any problems arise.
5. AVAILABILITY AND DELIVERY/COLLECTION
5.1 We will deliver the Artwork within 30 days of the date of the Order Confirmation, or such other delivery date as stated in your Order Confirmation. Please be aware that if the Artwork is being delivered outside mainland England, then delivery may take longer.
5.2 For the avoidance of doubt, we will not deliver or release any Artwork to you until we have received payment of the Price in full and cleared funds.
5.3 Delivery will be completed when we deliver the Artwork to the billing address as set out in the Invoice or when you collect the Artwork from our Premises.
5.4 Subject to our agreement, you may notify us in writing if the Artwork is to be delivered to an address other than as stated in the Invoice, subject to our written acknowledgment of the change of delivery address and to your agreement to pay any additional delivery charges as applicable.
5.5 In the event we zero-rate VAT on the sale of the Artwork, on the basis that the Artwork will be shipped out of the United Kingdom within 3 months of transfer of ownership to you, and the Artwork is not shipped on this basis for any reason, you will be responsible for paying any consequential VAT.
6. RISK AND TITLE
6.1 Any loss or damage to the Artwork will be your responsibility from the point of delivery to you or collection by you.
6.2 Ownership of the Artwork will only pass to you when we receive payment of the Price in full and cleared funds.
7. IMPORT DUTY
7.1 If you order Artwork for delivery outside the United Kingdom, it may be subject to import duties and taxes, which are levied when the Artwork reaches the specified destination. You will be solely responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before making payment of the Price.
7.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
8. CLIENT DUE DILIGENCE
8.1 As these Terms are subject to English law, we are required under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and will seek provision of certain documentation and information to satisfy our client identification and verification and other due diligence requirements before you can purchase Artworks. We shall also have the discretion to refuse to sell Artworks to you if requested documentation and information is not provided.
8.2 If requested by us, you must provide certain information for the purposes of identity verification as well as the detection of money laundering, financial crime or terrorist financing as set out below. This information will be processed in accordance with our Privacy Notice. You shall provide us with:
8.2.1 a valid passport or identity card; and
8.2.1 proof of address such as a utility bill dated within the last three months confirming your permanent address.
8.3 When you provide the relevant information to us, you warrant that the information is accurate and correct. If you refuse to provide us with the requested information or provide incomplete or incorrect information, we are entitled to refuse to authorise your account.
8.4 Failure to provide or update the information (where applicable) in this clause 8 may prevent you from participating in the purchase of any Artwork.
8.5 We will only be able to accept or transfer monies in relation to the purchase or refund of an Artwork from the bank account in the name of the person named on the Invoice.
9. YOUR RIGHT TO CANCEL – CONSUMERS (ONLINE PURCHASES)
9.1 This clause 8 only applies if you are a consumer purchasing online (where a “consumer” is an individual buying Artworks from us wholly or mainly for your personal use and not for use in connection with your trade, business, craft or profession).
9.2 You have the right to change your mind and to cancel your purchase at any time up to 14 days following delivery of the Artwork (or the last Artwork if you have ordered several pieces which are delivered separately). To cancel your purchase please contact us by email [[email protected]] and we will confirm the address to which the Artwork must be returned by you. Please include the information set out in the Invoice – your order number, name, delivery address and Artwork reference number – to help us identify you. Cancellation will be effective from the date we receive the email including the foregoing information to the address set out in this clause.
9.3 If you cancel your purchase under clause 8.2 and we have already despatched the Artwork, you are responsible for the costs of returning the Artwork to us. Subject to clause 8.5, these costs will be deducted from the refund of the Price that is payable to you.
9.4 If the Artwork has been delivered to you at the time of your cancellation, you must return the Artwork to us without undue delay to our Premises and we will then make the refund within 14 days after the day on which we receive the Artwork. If you have not received the Artwork at the time of your cancellation, we will make the refund within 14 days after you inform us of your decision to cancel the Agreement.
9.5 If the Artwork has been delivered to you and the Artwork is not as described, you must return the Artwork to us promptly and within 30 days or delivery or collection as applicable, and we will refund the Price of the Artwork in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 If the value of Artwork has been reduced as a result of your handling of it then we may reduce your refund by that amount.
9.7 In the event your purchase includes more than one Artwork, for the avoidance of doubt, we will only refund the Price of the Artwork which is not in accordance with the Condition Report or is misdescribed. You are not entitled to a refund of the whole purchase where the other Artworks are undamaged and as described.
9.8 We will only refund you on the credit card or debit card used by you to pay for the Artwork.
10. OUR LIABILITY – CONSUMERS
10.1 This Clause 10 only applies if you are a consumer.
10.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Agreement.
10.3 We only supply Artworks for domestic and private use. You agree not to use any Artwork for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 We do not in any way exclude or limit our liability for:
(A) death or personal injury caused by our negligence.
(B) fraud or fraudulent misrepresentation.
(C) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
(D) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(E) defective products under the Consumer Protection Act 1987.
11. OUR LIABILITY – BUSINESS CUSTOMERS
11.1 This clause 11 applies if you are a business customer.
11.2 We only supply Artworks for internal use by your business. In the event you use any Artwork for any resale purposes, we shall not be liable to any third party in relation to any of these Terms, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 Nothing in these Terms limits or excludes our liability for:
(A) death or personal injury caused by our negligence.
(B) fraud or fraudulent misrepresentation.
(C) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(D) defective products under the Consumer Protection Act 1987.
11.4 Our total liability to you in respect of all losses arising under or in connection with the purchase of Artworks, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price of the relevant Artwork or £10,000, whichever is less.
12. FORCE MAJEURE
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by a Force Majeure Event.
12.2 A Force Majeure Event means acts, events, omissions or accidents beyond our reasonable control, including but not limited to acts of God, extreme adverse weather conditions or natural disaster, war, threat of or preparation for war, terrorist attack, riots, compliance with any law, regulation or directive, failure of machinery, computers or vehicles, any labour dispute, non-performance by suppliers or subcontractors and interruption or failure of utility or transport service, or pandemic.
13.1 A waiver of any right or remedy in connection with your purchase is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
No single or partial exercise of any right or remedy provided under by these Terms or by law shall preclude or restrict the further exercise of any such right or remedy.
If any court or competent authority decides that any provision of these Terms is invalid, unlawful or unenforceable that provision shall be deemed deleted and the remaining provisions will continue in full force and effect.
15. ENTIRE AGREEMENT
15.1 The Invoice and these Terms constitute the entire agreement between the parties and supersede all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this agreement.
15.2 Each party acknowledges that, in entering a contract, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in the Invoice or these Terms. Each party agrees that its only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) shall be for breach of contract.
15.3 Nothing in this clause shall limit or exclude any liability for fraud.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Artwork from us.
17. LAW JURISDICTION
These Terms are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
18. THIRD PARTY RIGHTS
A person who is not party to this agreement shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Last updated: October 2021