Open Space Art CIC – Terms and Conditions of Sale
Open Space Art CIC – Terms and Conditions of Sale
INTRODUCTION
This page tells you information about us and the legal terms and conditions (“Terms”) on which the various products (“Products”) listed on our website and any associated digital platform which may be released by us from time to time (the “Website”) are offered for sale to you.
For ease of reading, we have divided these Terms into several sections:
- Introduction
- Contract parties
- How to contact us
- Orders
- Products
- Pricing
- Payment
- Delivery & insurance
- Right of return, refund or cancellation
- Our liability
- How we may use your personal information
- Events outside our control
- Other important terms
- Cancellation Form
These Terms will apply to any contract for the sale of Products which you enter into using the Website (each a “Contract”). Please read these Terms carefully before ordering any Products from the Website. By placing an order on the Website you agree to be bound by these Terms, as well as any general terms and conditions of use, which may be published on the Website from time to time.
Every time you wish to order a Product, please check these Terms as we may have made changes to them since your last order and the Terms in force at the date of each order will apply. We reserve the right to amend these Terms at any time.
CONTRACT PARTIES
“We”, “us”, “our”, “Open Space” are Open Space Art CIC a company registered in England and Wales under company number 11719080 with our registered office at The Koppel Project Hive, 26 Holborn Viaduct, Holborn, London EC1A 2AT.
“You” “your” are the person who buys or agrees to buy Products on the Website from us.
HOW TO CONTACT US
When we refer, in these Terms, to “in writing”, this will include e-mail.
If you have any questions or complaints about the Products or these Terms these should be sent to us at info@openspacecontemporary.com or by mail to Open Space Art CIC at The Koppel Project Hive, 26 Holborn Viaduct, Holborn, London EC1A 2AT. If we have to contact you we may do so by telephone, or by writing to you at the e-mail address or postal address you provided to us at the time you placed your order.
ORDERS
How we will accept your order
By placing an order you are offering to purchase a Product in accordance with these Terms. After you place an order for a Product, you will receive an e-mail from us acknowledging and confirming your order. At which point a binding contract will come into existence between you and us. We recommend that you print a copy of that order confirmation for your records.
If you have an issue placing an order, please contact us at info@openspacecontemporary.com.
If we cannot accept your order
If we are unable to accept your order, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount including any delivery charges, as soon as possible.
We reserve the right to limit quantities purchased per person, per household or per order and to cancel or refuse orders that exceed such limits.
We reserve the right to refuse service to anyone for any reason at any time.
Your order number
We will assign an order number to your order and tell you what it is when your order is accepted. It will help us if you can tell us the order number whenever you contact us about your order.
You must be 18
To place an order, you must be above the age of 18. If you are younger than 18, we ask that you to let a parent or legal guardian place your order. If it comes to our attention that an order has been made by a person under the age of 18, we reserve the right to decline it.
PRODUCTS
Products may vary slightly from their pictures on the Website
Whilst we have made every effort to display as accurately as possible, the colours and images of our Products that appear on the Website the images are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Product packaging may vary
The packaging of the Products may vary from that shown in images on the Website.
PRICING
Prices on the Website
The price of Products will always be shown to you before you submit your order. Prices for Products may change from time to time but changes, other than where mispricing has occurred, will not affect any order which we have accepted by e-mail. Prices may rise as an edition of a Product begins to sell out.
What happens if the price is wrong
It is always possible that, despite our best efforts, some Products may be incorrectly priced on the Website. We will normally check prices before accepting your order. If a Product’s correct price at your order date is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the contract, refund you any sums you have paid and require the return of any such goods provided to you.
Import duties
You accept that if you purchase goods to be delivered to an address outside of the UK that your order may attract import taxes and/or other analogous levies and taxes. Where this is the case you will be responsible for paying those sums and accept that your order may be held by your local customs authority until such sums are paid. You shall not be entitled to cancel an order on the basis of unforeseen taxes or levies.
Open Space will supply a VAT receipt upon request. Please email us at info@openspacecontemporary.com with your request.
PAYMENT
When will payment be taken
Full payment is required at the time your order is placed. You can pay through our payment processor or any other payment methods which we may add to the Website from time to time. Your use of any payment services to purchase Products will be subject to the terms and conditions of the applicable payment processor.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
Payment security
We use standard internet encryption technology to provide you with the maximum practicable level of security.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
DELIVERY & INSURANCE
Delivery costs.
Shipping is by a global recognised and insured courier – either the Royal Mail or DPD .
Delivery costs for some Products (such as larger Products, including prints, which require special packaging) as well as orders of several Products at a time, will be priced on application and will be payable separately. You will be required to pay for the Products in full at the time of ordering and any subsequent delivery costs where the price is on application prior to any dispatch preparations.
All deliveries within the UK are subject to VAT as detailed at point of payment.
When will you get your Products?
During the order process we will let you know when we aim to provide the Products to you. If we consider we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
We deliver within the UK and the EU and aim to package and dispatch your Products within 10 working days. Please be aware that cross-border shipments are subject to inspection by customs and can delay the arrival of your order.
If you require an specific method of delivery, please contact us at info@openspacecontemporary.com to arrange this.
Please note these estimates exclude weekends and bank/public holidays. Any dates provided to you by us are simply estimates given in good faith based on the shipping method selected. For the avoidance of doubt such dates are only approximations and we are not bound by them. We accept no liability for any delay in the delivery of the Products.
If a parcel is lost or takes too long to receive because the information you provided to us was incorrect or incomplete, we accept no liability for any delay in the delivery or misplacement of the Products.
Once the Products have been delivered to you, you will become the owner and you are responsible for risk of loss or damage to them.
Signature required on delivery
A signature may be required for release of the Products to you at the delivery address you gave us (in particular if the value of your order is high, or your order contains products with high individual prices). If our delivery agent is unable to deliver to you because you are not present when the goods are delivered and if you do not follow their instructions to rearrange for delivery then we may end the contract with you and cancel your order. Where this occurs, we reserve the right to charge you for costs that we have incurred attempting to deliver the products to you.
We accept no liability or responsibility if the signature is not that of the recipient, or nominate recipient and in such instances, we will consider the Products correctly delivered.
Your Product will be fully insured during delivery
A Product will be your responsibility from the time we deliver it to the address you gave us or it is otherwise collected or delivered in accordance with your instructions to the relevant postal service and/or carrier selected. This does not affect your statutory rights to cancel your order but please bear in mind that you will be responsible for any damage that you do to goods once they are in your possession.
Shipping restrictions
We are unable to deliver to PO Box numbers, BFPO addresses, mail-forwarding addresses and temporary residence addresses. This is to ensure the safe and undamaged delivery of your Product(s).
OWNERSHIP OF COPYRIGHT
Copyright in the Product shall remain the property of the artist at all times. You may not reproduce any image of the Product and may not, at any time, publish or submit for publication or reproduction of any image of the Product to any third party, including any internet website, for any purpose.
NO RESALE RIGHT
We only supply the Products in our online shop for domestic and private use. By accepting these Terms, you agree not to use the Products for any commercial, business, or resale purposes.
PUBLIC DISPLAY OF EDITIONS OR ARTWORK
You are not permitted to display or to authorise the display of any Product purchased by you, without prior written consent from Open Space on behalf of the artist of the work.
YOUR RIGHTS TO RETURN PRODUCTS
CHANGING YOUR MIND
Your right to return Products if you change your mind.
You have the right to return purchased Products for a refund within fourteen (14) days of you receiving the Products for any reason. The Products must be returned unused, sealed and in the condition sent to you with the original packaging.
Our return process.
Please contact info@openspacecontemporary.com to return Products and state the reason for your return. You must enclose a copy of your proof of purchase with your returned Product. When it is received and deemed to be in good conditions, we will refund your product as quickly as possible to your original payment method. Please note you will need to email us at info@openspacecontemporary.com if your original payment method has expired to make alternate arrangements. We will process your refund within 7 days of receipt. Your bank or credit card company may take 4-7 business days to credit your account.
We have the right to withhold or reduce any refund on Products which have been damaged or otherwise diminished in value.
How to return products
If you change your mind after products have been dispatched to you or you have received them and you elect to cancel your order as described above, you must return the products to us. You must either return the goods in person to where you bought them, or post them back to us Open Space Art CIC at The Koppel Project Hive, 26 Holborn Viaduct, Holborn, London EC1A 2AT within 14 days of telling us you wish to exercise your right to return Products. If you choose to return a Product in person, please schedule an appointment by contacting us at info@openspacecontemporary.com before returning your product in person.
You will be responsible for paying the cost of postage if you choose to return Products to us. Proof of shipping must be obtained for all returned Products; Open Space does not accept liability for Products lost in transit. For further details of how to return items to us will be sent to you in the e-mail confirming your order.
Please note that we will not make any refund to you until we have received the relevant Products from you and confirmed that they have not been damaged or used.
Your right to cancel or make changes to the order.
You may cancel a contract at any time within 14 days, beginning on the day after you received the Product(s). If you cancel the contract after the Product(s) have been dispatched to you or you have received them, you must return them to us. You will receive a full refund of the price paid for the Product(s), but not the cost of delivery. You will be responsible for the full cost of the Product(s) if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately.
To cancel a Contract you must fill out the Cancellation Form at the end of these Terms. You must complete and return this form to us, either by e-mail to info@openspacecontemporary.com , or return by mail to Open Space Art CIC at The Koppel Project Hive, 26 Holborn Viaduct, Holborn, London EC1A 2AT.
Once we receive your Cancellation Form we will send you a notification for your records, you may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation form by e-mail or by post, then your cancellation will be effective from the date you sent us the e-mail or posted the form to us.
If you wish to make changes to the Products you have ordered please contact us by emailing info@openspacecontemporary.com . 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 Products, timing of supply or anything else which would be necessary as a result of your requested change and ask for you to confirm whether you wish to go ahead with the change.
This provision does not affect your statutory rights as a consumer (see section below, “Your right to return Products that are faulty or not as described”).
FAULTY PRODUCTS
Your right to return Products that are faulty or not as described.
If your Products are faulty, damaged or not as described, you have a right to cancel your order and get the Products replaced or receive a full refund if you notify us within the cancellation period. The cancellation period for faulty products starts from the date of the e-mail from us to you confirming your order and ends 30 days after the day you actually receive the Product. Once we have received and checked the Product you have returned and agree that it is faulty, damaged or not as described, we will refund you in accordance with the terms set out below. We reserve the right to reject refund requests which relate to Products which have been damaged by customers while being used or not correctly cared for.
For insurance purposes, we require that you provide photographic evidence of the damage, and that this clearly documents any damage to the packaging the Product arrived in as well as damage to the Product itself. We will also require that the damaged Product and original packaging be returned to us before we can ship a replacement to you or arrange refund for the Product.
If you are entitled to receive a refund in this way you are also entitled to refund of the price you paid for the Products and any standard delivery charges that you paid for them (which excludes the cost of any expedited or special delivery that you may have opted for). You will also be provided with a refund for any reasonable shipping charges you may incur by returning the faulty products to us.
If you are entitled to and request a refund, we will process this as soon as possible after receiving the returned faulty product from you and confirming the reported fault and, in any case, within 30 calendar days of the day of receiving it and making that confirmation
OUR LIABILITY
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 we could have foreseen because the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence or if they were contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that we could not have foreseen.
We are not liable for business loss
We only supply products for domestic and private use. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these Terms.
Our total aggregate liability in respect of any and all claims that you may bring against us in connection with Contracts and/or any use by you of the Website or Products shall be no more than the total of twice the value of the affected Product(s).
You accept that these limitations of liability shall also apply to any and all claims which you may make in respect of the matters specified in these Terms and their subject matter (howsoever those claims arise).