Terms & Conditions
The Serious Legal Bits
Our legal team said we have to tell you the terms and conditions for the supply of our artworks (‘Products’) listed on our website at www.cornergallery.art . By ordering any of our Products and services you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Corner Gallery is the name of the sole trader, Kay Dower, trading as “Corner Gallery” at 2 Telford Terrace, York YO24 1DQ.
- By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are 18 years old or over.
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. Each separate order and dispatch confirmation will constitute a new contract.
- All products are purchased as seen on the website or at the gallery. Please see our Returns Policy below for further details relating to cancellations and returns.
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- Once delivered, all risk for the item will pass to you. However, ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Items will not be dispatched until full payment has been received/cleared.
- The price of the Products and our delivery charges will be as quoted on our site and, from time to time, be subject to change.
- Product prices and delivery charges may change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Any sudden and/or unexpected increases in the cost of standard delivery will be shown on the Dispatch Confirmation but may vary from that shown on the website in the interim period between the delivery price increase and the website being updated.
- Due to the large number and variety of Products featured on the website, it is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
- Payment for all Products can be made using the following methods: via Paypal, Direct Bank Transfer, or by cheque made payable to Kay Dower, T/A Corner Gallery. Corner Gallery reserve the right to wait until cheques have been cleared before dispatching the Products.
Returns will not be accepted unless we have been notified in advance by email to: email@example.com within seven (7) days of receipt of the goods. In such an event, the customer will be refunded the cost of the product when the goods have been received, in good order, by Corner Gallery. The cost of delivery and return cannot be refunded.
In the event of a customer cancelling an order BEFORE dispatch, a full refund of the total cost of the purchase will be given (the product plus any applicable postage/delivery charged) via the same method as used for the original payment.
In the event of the product(s) arriving with the customer in a damaged or defective state, the customer should notify Corner Gallery by email at firstname.lastname@example.org within seven (7) days of receipt of the goods. In such an event Corner Gallery shall refund the cost of the product and postage once it has received the product, inspected it and deemed it to be defective or damaged.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Refund of ‘returned Products’ lost in transit will not be considered unless proof of posting is supplied.
Claims for damage must be made within 48 hours of receipt of goods. Damaged product and packaging must be retained in case of inspection by our carriers. Claims of non-delivery must be made within 14 days of despatch for UK orders, and 28 days for overseas orders.
Descriptions of goods and services included in the Corner Gallery website are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images, mounts and frames may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly between production batches. For this reason, we strongly recommend that you wait to receive your unframed prints before committing to third-party frames. If you need to know the precise dimensions of a product, please contact us.
The images and designs used on the Corner Gallery website are the property of Corner Gallery and its associated artists or the respective copyright owners, and are used by Corner Gallery with express authorisation from copyright owners or their agents. All copyright, trademarks and other intellectual property rights in and relating to Corner Gallery are vested in Corner Gallery or our associated artists/partners where appropriate. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
To the extent permitted by law, Corner Gallery accepts no liability for any damage, loss or injury suffered due to entering into an agreement with Corner Gallery or purchasing an item from the website.
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be 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 placing your order.
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.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. You will be responsible for ensuring that your contact details are correct and that you inform Corner Gallery of any changes to these.
All notices given by you to us must be given to Corner Gallery at email@example.com. We may give notice to you at either the e-mail or the postal address you provide to us when placing an order, or in any of the ways specified in ‘Written Communications’ above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address as supplied by the addressee.
Events outside of our control
To the fullest extent permitted by law, Kay Dower, trading as ‘Corner Gallery’ is not responsible for loss or damage to any customer’s, or to any other person’s computer related to or resulting from participating in a purchase from Corner Gallery’s website, or downloading materials from or use of the site. Should any portion of the website be, in Corner Gallery’s opinion, or that of its technical agent, compromised by virus, worms, bugs, non-authorised human intervention, technical failures or other highly exceptional circumstances which, in the sole opinion of Corner Gallery or its technical agent, corrupt or impair the administration, security, fairness or proper use, or submission of purchases, Corner Gallery reserves the right at its sole discretion to suspend, modify or terminate the website. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Notices’ above.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to this agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the Products).
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Misuse of our site
Corner Gallery reserves the right to suspend or terminate any members account or open orders which are, or appear to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.
Corner Gallery is a company registered in England, and every sale shall be deemed to be performed in England. English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.