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WEBSITE TERMS AND CONDITIONS

Important Notice

These terms and conditions will apply when you access our website and use our on-line ordering service. Before proceeding to place an order, we ask that you read these terms and conditions carefully. You will also find that they contain some useful advice on how to use our on-line ordering service.

If you find yourself unable to agree to these terms and conditions, then you must not use our ordering service.

Part A

1 General Information

For your convenience, we have listed below some general information about ourselves:

"We" are Rita Gayford trading as The Rational Gallery of 56a Lascotts Road, London, N22 8JN ;

Our e-mail address is info@therationalgallery.co.uk Alternatively we can be contacted by telephone on +44 (0)20 8881 0633 or 07903 081108

2 Formation of Contract

(1) Set out below is a useful summary of the steps which you must follow in order to conclude a legally binding contract with us:

Step 1 : Provided that you agree unconditionally to these terms and conditions, you will be given the opportunity at the end of this document to click on the "accept" button. The next page to appear on your screen will be our standard order form which contains information on price together with a description of the products and services which are available, and an explanation of any promotional offers and methods of payment.

Step 2 : On completing the order form you will be given the opportunity to submit an order to us by clicking on the "order" button which appears at the end of the form. On receipt, we will send to you notification by electronic mail that your order has been processed. Upon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you as soon as reasonably possible by electronic mail if this is the case.

(2) Please note that while we guarantee to send to you a notification of every valid order we receive from you, you will understand that we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.

(3) These terms and conditions shall override any contrary terms or conditions published by us or appearing on this website in relation to any order placed by you with us. However these terms shall be deemed to incorporate (and you agree to be bound by) any additional terms and conditions which may apply to offers and promotions appearing on this website from time to time.

(4) We reserve the right to change our terms and conditions from time to time at our sole discretion without liability to you. The latest terms and conditions will be made available on our website.

3 Conditions of Use of this Website and the on-line ordering service

(1) There are some situations where we cannot accept an order, and in the order form, you will be asked to identify if any of these are applicable to you by either clicking on a "yes" or "no" box. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the order form accurately.

(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3(2), including, but not limited to, any claims made against us by any third party.

(3) The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals you enter onto our website directly or include in any message to us will be subject to the Act and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. We will process your personal data in accordance with our Privacy Policy.

(4) In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

(5) You may only use the trade marks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with Condition 2(3) above.

(6) You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.

(7) Please be aware that to the extent permitted by law and except as expressly provided for in part B of these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line ordering service.

(8) We shall use our reasonable endeavours to ensure that this website is available 24 hours a day 7 days a week. However, there will be occasions when this website will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. Every reasonable step will be taken to minimise such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of this website or the services provided by us through this website.

(8) Use of this website is subject to the laws of England and Wales, and the exclusive jurisdiction of the English Courts.

Part B

1 Description and Pricing

(1) Unless otherwise stated all prices of goods ("artwork") advertised on this website are inclusive of VAT [or] [exclusive of VAT which will be added on if applicable when you complete your order]

(2) Prices are in pounds sterling, where prices in foreign currencies are shown these rates are approximate guide rates only. The price in your currency may vary according to the exchange rate on the day of purchase.

(3) Every effort will be made to ensure that the artwork you receive matches the description and images (if any) set out on this website as far as reasonably possible. However, you acknowledge that some variation may occur, especially when the artworks are derived from naturally occurring products.

(4) If you would like a personal viewing of any artwork featured on the website, please contact us on: +44 (0)20 8881 0633 or 07903 081108 or email to info@therationalgallery.co.uk

(5) We endeavour to make available for sale all artworks displayed on this website. However, the artworks usually remain in the custody of the artist until sold and we must therefore reserve the right to refund any money paid by you and decline to fulfil your order if for any reason we are unable to do so. We shall not be liable to you for any loss or damage occasioned by the refusal or inability to supply artwork ordered.

2 Payments

(1) Payment shall be made by you in pounds sterling for all monies owed to us in respect of orders placed on this Website ("Payment").

(2) Payment shall be made on order and is acceptable by cash, cheque or all major credit and debit cards: (Switch, Mastercard, Visa and American Express). Cheques and Postal Orders should be made payable to The Rational Gallery and crossed "payee only".


3 Ownership/Risk


(1) The risk of damage to or loss of any artwork supplied by us will pass to you when the artwork is loaded on to the delivery vehicles. We will not despatch goods to you until we are receipt of Payment in full (including VAT) in cleared funds and ownership in the artwork remains with us until that point.

4 Delivery

Orders within the UK and Europe should arrive within five working days. Orders elsewhere in the world usually take about seven working days.

All items are fully insured during transit to cover damage, loss or delivery. If you are concerned about the state of the artwork when you receive it please contact us immediately at info@therationalgallery.co.uk

5 Right to withdraw

(1) You may have the right to withdraw from the contract without penalty and without the need to give us any reason, at any time during a period of fourteen working days (Monday to Friday inclusive) which shall begin from the day after the day of receipt of the artwork by you.

(2) We agree to reimburse you, free of charge, within 30 days of notification of withdrawal, the purchase price you paid for the goods or services provided that the artwork is returned to us in pristine unmarked condition, although we do reserve the right to charge you for the cost of returning any artwork (which shall be by deduction from the purchase price).

(3) This right of withdrawal shall not apply to any artwork made to your specification or personalised at your request.

6 Returns Policy

If you are not satisfied with your purchase you will be entitled to a full refund provided the artwork is returned to The Rational Gallery within 14 days of receipt in the same condition in which it was received by you and not damaged in any way.

You will be reimbursed for the full value of the artwork, less the postage and packaging costs.

7 Warranties and Liability

THIS WEBSITE IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS FOR SALE ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAILS WHICH MAY BE SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, YOUR ORDER, THE ARTWORK SUPPLIED OR OTHERWISE SHALL NOT EXCEED THE VALUE OF YOUR TOTAL PAYMENTS TO US.

Nothing in this agreement shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence.

8 Termination

We reserve the right to terminate this agreement immediately on notice to you in the event that you are deemed to be in material breach of any term of this agreement including without limitation Part A, Section 3, Conditions 2 and 3 and Part B, Section 2.

Part C

1 Complaints

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in Section 1 of Part A above. We will try to do our best to solve any problems that arise.

2 Events Beyond Our Control

We do not take responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.

3 Entire Agreement

This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.

4 Interpretation

In this agreement:

(1) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;

(2) words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa;

(3) any reference to a party to this agreement includes a reference to his successors in title and permitted assigns;

(4) the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this agreement.

5 Law

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

6 Severability

Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.

7 Third Parties

The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to this Agreement.

If you agree to be bound by the above conditions please click YES at which point our Order Form will be made available to you. If you do not agree click NO. The Order Form will not then be made available on your computer and no ordering can take place.

I agree to be bound by the above conditions.