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Terms and Conditions

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Basement Gallery Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Basement Gallery Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Basement Gallery Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

 

In this Terms and Conditions, unless stated otherwise:

 

  • Basement Gallery – means the company selling goods being a trading name of Basement Gallery Limited, a company registered in England and Wales under company number 11626711 and with the registered address at 1 Marqueen Court, 42 Kensington Church Street, London. W8 4DQ.

 

  • Buyer – means the purchaser of the goods from Basement Gallery.

 

  • Goods – means the prints to be sold to the buyer by Basement Gallery, either all or part of them as set out in the written invoice issued by Basement Gallery.

 

  • Terms and Conditions – means the terms and conditions written in this document.

 

Nothing in these Terms and Conditions affects the statutory rights of any consumer.

 

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of Basement Gallery Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

2. You may, for your own personal, non-commercial use only, do the following:

a. retrieve, display and view the Content on a computer screen

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Basement Gallery Limited.

Prohibited use

4. You may not use the Website for any of the following purposes:

a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

 

Registration

5. You must ensure that the details provided by you on registration or at any time are correct and complete.

6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

9. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

10. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

 

Price and Payment Methods

 

11. Limited-edition print price is the price offered by Basement Gallery and is confirmed to the buyer at the checkout of the order or by written invoice issued by Basement Gallery.

 

12. Product price provided at the checkout or in the written invoice includes the cost of the print, packaging and delivery, VAT, sale or similar duty which may be applied. Any fees and taxes applied will be billed to and paid by the Buyer as set forth in the written invoice issued by Basement Gallery.

 

13. All payments shall be made in British Pounds Sterling and the full price is to be paid at the time of placing an order unless agreed otherwise in writing.

 

14. Basement Gallery reserves the right to increase prices at any time.

 

15. We accept payments via credit/debit card (Visa, Mastercard and American Express), PayPal and direct bank transfer.

 

16. If you wish to remit payments via wire transfer, please CONTACT US so that we may supply you with our banking details and so that we may process your order off-line. On receipt of your funds, your order will be fulfilled. Please note that the buyer is liable for any transfer costs incurred.

 

 

Export Payment and VAT Information

 

17. All prices shown on our website include VAT (UK Sales Tax). The current VAT rate in the United Kingdom (UK) is 20%. If your order is to be delivered outside of the European Union (EU), you do not have to pay VAT. In this case, VAT will be automatically deducted from the product price at checkout. Any import duties and taxes (if applicable) are the responsibility of the buyer.

 

 

Currency Conversion

 

18. If you would like to know the cost of our limited edition print in a currency other than £ Sterling (GBP), please click HERE where you will be able to calculate the equivalent cost in your own home currency. Please note, all transactions will be billed in GBP. The exact cost of your order in your own currency will be determined by the exchange rate on the date on which your credit card transaction is processed.

Product

 

19. At Basement Gallery, we attempt to describe our limited-edition prints offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.

 

 

Delivery Information

 

20. Unless otherwise agreed by the parties, delivery of the Goods shall be to the Buyer’s home or business address.

 

21. Basement Gallery aims to hold all limited-edition prints in stock for despatch within 5 business days of your order being placed.

 

22. All our limited-edition prints are only delivered unframed.

 

23. All our limited-edition prints are carefully rolled in robust postal tubes.

 

24. Basement Gallery will make its best effort to deliver goods by the agreed date or within a reasonable time if no dates are stated. All delivery dates are estimates only and time and delivery are not of the essence.

 

25. The buyer must inspect the goods upon delivery and advise Basement Gallery of any defects within 5 business days of the delivery date. Defects reported beyond this time frame will not be considered.

 

26. Risk of loss or damage to the goods passes to the buyer upon delivery.

 

27. Packaging and delivery of your goods will be handled on our behalf by our printing house Point101.

 

28. We do not accept responsibility for delays in shipping caused by Royal Mail, courier companies, the weather conditions or other factors beyond our control.

 

 

Delivery Charges

 

29. For detailed information about delivery charges and time please visit our Payments, Delivery & Returns page.

 

 

Delivery Time

 

30.UK: 1 - 3 business days

      EU: 5 - 7 business days

      Rest of the world: 7 - 10 business days

 

For detailed information about delivery charges and time please visit our Payments, Delivery & Returns page.

 

 

Returns

 

31. Our refunds policy does not affect your statutory rights. We are committed to quality products and your satisfaction is 100% guaranteed.

 

32. If you are not completely satisfied with your purchase or change your mind after you have purchased a print, you may return it within 5 days of receipt and receive a replacement or a refund for the price of the product. Please note that orders paid for by credit card attract a 3% handling fee by the card issuer, which is not redeemable and will be passed onto the customer if a refund is given (this is not applicable for purchases by debit card or bank transfer).

 

33. Please contact our office by emailing info@basementgallery.co.uk or telephoning +(44) 2035090919 within 5 working days of the day the item was received stating your name, the item(s) you wish to return, a brief description of the reason for return, and let us know if you are seeking a replacement or refund. Please do not return any items to us before contacting us.

 

34. If your limited-edition print has been damaged in transit, it will be necessary to email photos of both the damaged poster and postal tube to info@basementgallery.co.uk before we are able to proceed with issuing a replacement or refund.

 

35. If you decide to swap your limited-edition print after you have purchased it, you may do so subject to a restocking and handling charge of £19.95 (this covers the cost of fulfillment, postage and packing of the new poster, as well as the manual alteration of our stock database).

 

36. We will not refund your costs in returning the item to us unless you are returning the item because of an error on our part.

 

37. We regret that we cannot accept the return of goods that are not in as-new saleable condition i.e. finger-marked, torn, folded etc. Please do not sign or give anyone else permission to sign on your behalf, to accept items that have been damaged in transit, as this makes it impossible for us to claim on the insurance provided by the courier company.

 

38. Any item returned must be packed in its original tube. We strongly encourage you to return your item(s) via a trackable method.

 

39. Your request will be processed within 5 business days and you will receive an email, or phone call, letting you know your replacement is being issued or your refund is being processed.

For detailed information about returns please visit our Payments, Delivery & Returns page.

 

 

Copyright

 

40. Copyright in all images and text featured on www.basementgallery.co.uk is held by Basement Gallery Limited.

 

41. You must get permission in advance for the copying or any other use of any of our images available on www.basementgallery.co.uk. If you would like to get a license or permission to use the imagery displayed on our website, you must contact Basement Gallery Limited on info@basementgallery.co.uk

 

42. Any persons discovered to be copying or using images owned by Basement Gallery without prior consent or permission will be put on notice that Basement Gallery is the copyright owner and asked to immediately undertake to cease the infringing activity and to provide a proposal as to the payment of damages. If a satisfactory response is not received within 14 days, legal proceedings will commence.

 

43. For clarification of the laws of copyright, please contact the Design and Artists Copyright Society (DACS) www.dacs.org.uk

 

44. All rights in the design, text, graphics software and other material on our site and the selection or arrangement thereof are the copyright of Basement Gallery Limited. We hereby give permission for the downloading, printing, and temporary storage of one or more of the documents or pages retained on this website for personal use or internal business use. The reproduction, alteration, modification, distribution, republication or transmission of any of the content of this website is strictly prohibited without our prior written consent.

 

 

Links to other websites

45. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Basement Gallery Limited or that of our affiliates.

46. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

47. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

48. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following:  https://www.basementgallery.co.uk/privacy-and-cookie-policy

 

Availability of the Website and disclaimers

49. Any online facilities, tools, services or information that Basement Gallery Limited makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Basement Gallery Limited is under no obligation to update information on the Website.

50. Whilst Basement Gallery Limited uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

51. Basement Gallery Limited accepts no liability for any disruption or non-availability of the Website.

52. Basement Gallery Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

53. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

54. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

55. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

56. To the maximum extent permitted by law, Basement Gallery Limited accepts no liability for any of the following:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

General

57. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

58. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

59. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

60The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

61. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

62. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

63. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Basement Gallery Limited details

64. Basement Gallery Limited is a company incorporated in England and Wales with registered number 11626711 whose registered address is 1 Marqueen Court, 42 Kensington Church Street, London, W8 4DQ and it operates the Website www.basementgallery.co.uk

You can contact Basement Gallery Limited by email on info@basementgallery.co.uk