Terms and Conditions

Terms and Conditions

General:
These terms and conditions should be read in conjunction with the sections on our website concerning Purchasing, Delivery, and Privacy Policy. Together, these sections explain how our business relationship with you is regulated. By using our website, or by buying from us, including buying direct from a gallery or exhibition, you agree to be bound by these terms and conditions, so far as they are applicable.

We reserve the right to alter and amend these terms and conditions without notice. If you have any queries regarding these terms and conditions or your order, please get in touch to discuss.

These terms and conditions comply with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and current data protection legislation. No person under the age of 18 years may purchase Goods.

Who we are and how to contact us:

We are Big Sky Fine Art Limited, registered company number 7145992.
Our registered address is: 470 Hucknall Road, Nottingham, NG5 1FX, United Kingdom
Our email address is sales@bigskyfineart.com
You may also contact us by phone or via the Contact section of our website.

1. Definitions

In this agreement:
1.1 “Buyer” means any person or company who purchases Goods from the Company.
1.2 The “Company” means Big Sky Fine Art Limited.
1.3 “Goods” means any of the Goods we offer for sale on our website.
1.4 Our “Website” means the entire computing hardware and software installation that is or supports our website.
1.5 “Content” means information in any form published on our Website.
1.6 “Asking Price” is the price at which Goods are advertised as available for sale, either on our Website or in a gallery or exhibition. An offer to purchase at the Asking Price will always be accepted, unless the Goods are no longer available.
1.7 “Agreed Sale Price” is the Asking price or such other price that is agreed between the Company and the Buyer for the sale of specific Goods. The Agreed Sale Price is the price that is paid.

2. Asking Price, Offers, Costs and Contracts

2.1 All goods prices featured on our website are deemed to be Asking Prices. A prospective Buyer is always very welcome to submit an offer for consideration. If the Company accepts an offer, then this will become the Agreed Sale Price. Our correspondence with a Buyer will always confirm the Agreed Sale Price.
2.2 A contract for the sale of Goods is not made between the Company and the Buyer until the Agreed Sale Price has been paid, cleared and confirmed so. At this point title in the Goods passes to the Buyer.
2.3 For any Agreed Sale Price in excess of (the GBP equivalent of) 10,000 euros, anti money laundering regulations apply, and we are obliged under the 5th Amendment of the Anti-Money Laundering Directive to run a due diligence check on the Buyer before processing payment and releasing the Goods. The contract for sale is not completed until this has been completed satisfactorily.
2.4 Big Sky Fine Art Ltd is registered for VAT and any price advertised or accepted will always include VAT.
2.5 The cost of packing is included in the Agreed Sale Price.
2.6 Any costs of unloading and installation shall be paid by the Buyer.
2.7 Delivery to the UK, USA, Canada and Europe is included in the Agreed Sale Price to the Buyer.
2.8 Delivery can be arranged to most other countries at a modest charge, which should be agreed with the Company. In this case, the contract for sale does not come into effect until such payment is agreed and made. So, if the Buyer does not agree to the delivery cost there is no obligation to proceed.
2.9 Insurance, or liability therefor and limited to the amount of the Agreed Sale Price, is the responsibility of the Company.
2.10 Liability for any aspect of the fulfilment of the contract is limited to the Agreed Sale Price.
2.11 Taxes that may be payable in respect of import or delivery in jurisdictions other that the UK, shall be payable by the Buyer. See the Delivery section for further details on this.
2.12 Goods are generally sold framed where appropriate and in good condition unless otherwise specified. The Buyer shall pay the cost of any additional restoration, framing or other work to be carried out to the Goods at the request of the Buyer and agreed by the Company, unless agreed otherwise with the Company in writing.

3. Descriptions and Warranties
3.1 All descriptions and representations made by the Company in respect of Goods are made in good faith. The Company is under a legal duty to supply Goods that are in conformity with the contract for sale and the main characteristics of the Goods will therefore form part of the contract. Please note that the title of a painting does not form part of its description and any inadvertent errors in this respect will not constitute a breach of contract terms. A prospective Buyer is welcome to conduct an inspection of Goods prior to sale, either in person or by agent, and arrangements can be made on request to facilitate this.
3.2 The age and nature of the Goods dictate that some age and handling degradation might have occurred. In some instances, restoration or framing work may have been performed by the Company or by a previous owner of the Goods. This will generally be apparent from the description of the Goods. Condition reports and photographs can be supplied on request, and these too are provided in good faith.
3.3 Where Goods are collected or delivered after a sale has been agreed this function is not deemed as providing the facility to inspect or approve the Goods.
3.4 We have endeavored to ensure that all photographs provided replicate the colour and features of the Goods on offer. However, the Company cannot guarantee that the screen and software on which you view our Website Content will accurately replicate the texture, colour or detail shown on our Website or indeed as portrayed by the actual Goods.

4. Price and Payment
4.1 The Buyer must pay the Company the full Agreed Sale Price of the order before collection or delivery of the Goods. Payment shall be deemed to be received when the company has received cleared funds.
4.2 Payment shall be made in GB Pounds Sterling and may be by credit card, debit card, charge card, PayPal, a cheque drawn on a UK bank, bank transfer or in cash, as agreed with the Company. At present all payments made on sales from our Website will be processed using the secure PayPal facility. (A Buyer does not need to have a PayPal account to be able to use this facility.)
4.3 A secure link or other appropriate instructions for payment will be provided by the Company to the Buyer once there is an Agreed Sale Price. A receipted invoice is provided to the Buyer with full details of the transaction.
4.4 Banking charges by the receiving bank on payments to us will be borne by the Company. All other charges relating to payment in a currency other than Pounds Sterling will be borne by the Buyer.
4.5 The Buyer will pay all sums due to the Company under these terms by the means specified without any set-off, deduction or counterclaim.

5. Delivery
5.1 Unless otherwise specified by the Company in writing, Goods remain at the Company’s risk until they come into the physical possession of the Buyer or a person nominated by the Buyer to take possession of the Goods, unless the Buyer has commissioned his own carrier, in which case the goods are at the Buyer’s risk on delivery to the carrier.
5.2. Deliveries will be made by the Company or its carrier to the address stipulated by the Buyer. The Buyer must ensure that someone is present to accept delivery.
5.3 Arrangements for collection by the Buyer or delivery by the Company or its carrier shall be arranged between the Company and the Buyer at the time of sale and the Company will endeavor to meet all reasonable requests.
5.4 Delivery of Goods will not be automatic and must be specifically agreed between the Company and the Buyer. The Buyer will need to provide a delivery address and appropriate contact details. Unless agreed otherwise Goods will be delivered without undue delay and in any event within 30 days from the contract for sale.
5.5 The Company will not be liable for any loss or costs caused by any delay in delivery of Goods, neither will this of itself entitle the Buyer to rescind the contract unless such delay exceeds 60 days.
5.6 In all other matters of risk, title and transport of Goods, except as herein expressly provided, the Incoterms (International Commercial Terms) 2010 shall apply to any contract of sale. These terms are widely available online and from the International Chamber of Commerce.

6. Orders from outside the UK
6.1 Delivery of Goods by the Company to the UK, Europe, the USA and Canada is arranged by the Company and included in the Agreed Sale Price. There is no additional delivery cost incurred by the Buyer in respect of this.
6.2 The Company can arrange delivery to most countries outside the UK. If you are in doubt as to the practicalities or costs of delivery to a specific location, please ask and we will endeavor to assist. Charges are generally very modest, and we always use an international courier of repute. There is no obligation to proceed with a sale until the costs of delivery are agreed in writing with the Buyer.


7. Returns and refunds
7.1 Where delivery has been agreed we aim to dispatch Goods within 2 to 3 working days. We will let the Buyer known if this cannot be achieved and will stay in touch throughout the delivery process.
7.2 We will use our reasonable endeavours to respond to any queries or point of dissatisfaction by you.
7.3 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies to the Company’s dealings with any Buyer. Where a contract is made over the phone or online it will fall within the definition of a distance contract. A Buyer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability, expect so far as the provisions of paragraphs 7.7, 7.8 or 7.10 may apply.
7.4 The cancellation period begins when the contract is entered into and ends 14 days after that, or 14 days after the Goods come into the physical possession of the Buyer or his representative.
7.5 To exercise the right to cancel the Buyer must inform the Company of the decision. This may be done by using the model cancellation form, which is at paragraph 7.11 below, or by making any other clear statement to the Company, such as email or letter, setting out the decision to cancel.
7.6 The Company will acknowledge receipt of the notice of cancellation and contact the Buyer to make arrangements for the return of the Goods if they have already been delivered. As the nature of the Goods will mean that simply posting them will rarely if ever be suitable arrangements will include the means of return delivery and the most suitable address, which the Company will specify, bearing in mind costs and proximity of premises to the Buyer.
7.7 Where a contract is cancelled the Goods must be returned to the Company in the manner agreed and at the expense and risk of the Buyer. Goods must be returned within 14 days of notification of cancellation.
7.8 If the contract is cancelled the Company is obliged to reimburse the Buyer with the Agreed Sale Price (but not the cost of returning the Goods). Reimbursement will however include the cost of delivery to the Buyer, except where the Buyer has not chosen the least expensive and generally acceptable kind of delivery offered by the Company, in which case the Company will reimburse the delivery cost to the Buyer up to that amount only.
7.9 The Company will make reimbursement to the Buyer using the same means of payment as the Buyer used for the initial transaction, unless the Buyer agrees otherwise. Reimbursement will be made without undue delay and not later than 14 days after the Company receives the Goods back, or is provided with evidence that the Goods have been returned.
7.10 There will be no fee in respect of the reimbursement itself. However, if the value of the Goods is diminished as a result of handing by the Buyer, beyond what is necessary to establish their nature and characteristics, or by other events whilst the Goods were in the possession of the Buyer or for which the Buyer is responsible, then the Company may recover that amount from the Buyer, up to a maximum of the Agreed Price.

7.11 Model Cancellation Form
___________________________________________________________________________________
To Big Sky Fine Art Limited, sales@bigskyfineart.com
I (insert name) hereby give notice that I cancel my contract of sale of the following goods (give description of the goods)
Ordered on ……. Received on…..
Name of Buyer
Address of Buyer

Signature of Buyer (if notice is on paper copy)

Date
Any other comments

(You are not obliged to give a reason for cancellation, but notification of any reason would be appreciated)
___________________________________________________________________________________

8. Information you give us

8.1 The Buyer will provide such accurate information as is necessary for the Company to provide or deliver the Goods.
8.2 All personal details are treated in the strictest of confidence and in accordance with current UK legislation, including the Data Protection Act 2018 and the General Data Protection Regulation 2018.

9. Cookies

9.1Cookies are small text files that identify your computer to our server, which also contain data as to where you have visited on our Website. They provide useful information that helps to make our Website more accessible to our users. These cookies do not allow the Company to access your computer.

10. Disclaimers

10.1 The Company or its content suppliers may make improvements or changes to our Website and its Contents without notice.
10.2 Whilst every effort is made to ensure accuracy of Content there is always a possibility of technical inaccuracies or typographical errors.
10.3 The Company gives no warranty and makes no representation, express or implied, as to the adequacy or appropriateness of Goods for a Buyer’s purpose.
10.4 The Company gives no warranty and makes no representation, express or implied, as the compatibility of our Website with your equipment software or telecommunications connection, compliance with any law or non-infringement of any right.
10.5 Our Website may include links to other websites that are not within the Company’s power or control. By clicking on any links you acknowledge and agree that you have taken full responsibility for accessing and using them and that you will not hold the Company liable for the content of any such linked site, nor for any loss or damage arising from your use of them.
10.6 The Company is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the purchase of Goods.
10.7 In any claim against the Company liability is limited to the Agreed Sale Price of the Goods that are the subject of the dispute or claim, subject to the application of paragraph 7.8.

11. Content and Intellectual Property Rights

11.1 Title, ownership rights, and intellectual property rights in the Content of our Website remains the sole property of the Company and these rights will be strongly protected in all countries.
11.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content of our Website except the prior written consent of the Company.
11.3 The Company owns and retains all intellectual property rights, including copyright, on the photographic images of Goods on our Website. This applies even after the sale of Goods to a Buyer. Images may not be reproduced without the specific agreement of the Company.

12. System Security

12.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our Website.
12.2 You agree that you will not modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our Website and that you will not permit any other person to do so.
12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12.4 Examples of violations are:
12.4.1 accessing data unlawfully or without consent;
12.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
12.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing;
12.4.4 forging any header or any part of the header information in any e-mail or newsgroup posting;
12.4.5 taking any action in order to obtain Goods to which you are not entitled.
12.5 You agree to indemnify the Company against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
12.5.1 any violation of system security as set out above;
12.5.2 your use of our Website;
12.5.3 any other breach or violation of this agreement by you;
12.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

13. Indemnity

You agree to indemnify the Company against any claim or demand, including reasonable lawyers’ fees, made by any third party due to your use of our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

14. Rights of third parties

Nothing in this agreement or on our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

15. Waiver and Severance

15.1 No waiver by the Company, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15.2 The invalidity, illegality or unreasonableness in whole or part of any part of these conditions shall not affect the validity of the remainder.

16. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and the Company, then you agree to attempt to settle the dispute by engaging in good faith with the Company in a process of mediation before commencing arbitration or litigation.

17. Force Majeure

The Company is not liable for any breach of obligations resulting from causes beyond its reasonable control, including but not limited to Act of God, legislation, war, fire, drought, failure of power supply and industrial action.
If such circumstances arise then the Company shall notify the Buyer in writing and if such circumstances prevail for more than 3 months then either party shall have the option by giving notice in writing to the other to bring the contract to an end, and each shall bear 50% of the Company’s reasonably and properly incurred costs and expenses in connection with the partial performance of the contract up to the date of its termination.

18. Governing Law

This Agreement shall be governed by and construed in accordance with the law of England and Wales.