Terms and Conditions
GENERAL CONDITION OF SALE
OUR TERMS OF SALE
1. THESE TERMS: 1.1 These are the terms and conditions on which we supply items to you. 1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide items to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US: 2.1 Richard Hosking & Rhosking.com are training names of Hosking Enterprises, we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 2.3 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU: 3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the item, which we will confirm in writing to you, at which point a contract will come into existence between you and us. 3.2 If we are unable to accept your order, we will inform you of this. This might be because the item is unavailable, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the item or because we are unable to meet a delivery deadline you have specified. 3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR ITEMS: 4.1 Items that you have seen at our galleries and/or our locations and purchased as seen. 4.2 The images of the items, in our brochure, on our website or otherwise are for illustrative purposes only. Although we make every effort to display the colours and other details accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure, for example, accurately reflects the colour of the items. Your item may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated have a reasonable tolerance. 4.3 Commission/Bespoke items - making sure your measurements are accurate. If we are making the item to specifications you have given us you are responsible for ensuring that these are correct.
5. YOUR RIGHTS TO MAKE CHANGES: 5.1 If you wish to make a change to the item you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the item, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you do not wish to go ahead with the change, the order will proceed as originally made.
6. OUR RIGHTS TO MAKE CHANGES: 6.1 Although we will use reasonable endeavours to avoiding it, we may change an order: 6.1.1 to reflect changes in relevant laws and regulatory requirements; and 6.1.2 to implement minor technical adjustments and improvements.
7. PROVIDING ITEMS: 7.1 The prices of delivery and, if relevant, installation will be as communicated to you during the order process and/or prior to delivery to you. 7.2 During the order process we will let you know when we will provide the items to you and, if relevant, install them. If the item is to be delivered by us we will deliver it to you and, if relevant, install it by reference to the estimated delivery and, if relevant, installation date. 7.3 We are not responsible for delays outside our control. If our delivery or, if relevant, installation of the items is delayed by an event outside our control, such as but not limited to, delays caused by third parties (artists, shippers/agents, suppliers, etc) then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. 7.4 If you have asked to collect the items from our premises, you can collect the items from us at a time agreed between us. 7.5 If you do not collect the items from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them we will contact you for further instructions and may charge you for storage and/or insurance fees according to our tariff/price list and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract according to Clause 8. 7.6 If you have asked us to install the items for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result, such as but not limited to storage and/or insurance fees according to our tariff/price list. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract according to Clause 8. 7.7 The item will be your responsibility and risk of damage to or loss of the items shall pass to you from the time you or a carrier organised by you collect it from us or from when we deliver the item to the address you gave us. 7.8 You own the items once we have received payment in full. The sale of the item does not include the copyright or other intellectual property right in the item and you acknowledge the moral rights of the artists. 7.9 We may need certain information from you so that we can supply the items to you and, where relevant, install them for you. You will provide this information to us. If you do not give us this information within a reasonable time, or if you give us incomplete or incorrect information, we may either end the contract (see Clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required or other costs as a result. We will not be responsible for supplying or, where relevant installing the items late, or not supplying or, where relevant, installing any part of them if this is caused by you not giving us the information we need within a reasonable time. 7.10 We may have to suspend the supply of an item: 7.10.1 to deal with technical problems or make technical changes; 7.10.2 to deal with our artists standards and satisfactions; 7.10.3 to update the item to reflect changes in relevant laws and regulatory requirements; 7.10.4 to make changes to the item as requested by you or notified by us to you (see Clause 6); 7.10.5 if the item is not supplied to us on time by a third party or for another reason outside of our control. 7.10.6 If you do not pay us in full for the items when you are supposed to and you still do not make payment within 30 days of us reminding you that payment is due, we may: 7.11.1 suspend supply of the item/s until you have paid us the outstanding amounts in full. As well as suspending the items we can also charge you interest at the rate of 6% a year above the base lending rate of the Bank of England from time to time on your overdue payments. 7.11.2 Forfeit/keep the deposit/payment made by you. In this case your item/s may be resold without any liability and no monies and/or refund will be due to you in any case;
8. OUR RIGHTS TO END THE CONTRACT: 8.1 We may end the contract if you break it, including if: 8.1.1 you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due in accordance with clause 7.11; 8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the items; 8.2 We may write to you to let you know that we are going to stop providing the item. We will let you know at least as soon as reasonably practicable in advance of our stopping the supply of the item.
9. IF THERE IS A PROBLEM WITH THE ITEM: 9.1 Any claim by you which is based on any defect in the quality or condition of the item must be notified to us in writing within 30 working days from the date of delivery to you or collection by you. If you do not notify us accordingly then you shall not be entitled to reject the item and we shall have no further liability of any nature for such defect. 9.2 Whenever any valid claim in respect of any of the items which is based on any defect in their quality or condition is notified to us in accordance with these Terms and Conditions, we shall, against return of the item in their original condition, refund to you the price of the item paid by you, however we shall have no further liability of any nature whatsoever to you.
10. PRICE AND PAYMENT: 10.1 The price of the item will be the price agreed in writing or as varied by us in accordance with these terms. VAT or other applicable sales/import tax is payable where legally applicable. 10.2 We accept payment by bank wire, credit card, check or cash in accordance with law. You must pay for the items in full (including delivery and installation costs where relevant) before we dispatch them unless we agree otherwise in writing. 10.3 We can charge interest if you pay late. If you do not make payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11. RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED: 11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in Clause 11.2 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and, where installed by us, correctly installed; and for defective items under the Consumer Protection Act 1987].
13. OTHER IMPORTANT TERMS: 13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. 13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 13.3 If a court finds part of this contract illegal, the other conditions will continue to be in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 13.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do actions and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do remind you but we continue to provide the items, we can still require you to make the payment at a later date. 13.5 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider (details available on request). 13.6 Unless the content otherwise requires word importing the singular number shall include the plural and vice versa and words importing any particular gender shall include any other genders. 13.7 These terms are governed by English law and subject to the exclusive jurisdiction of the English courts.