wild skies gallery terms
We won’t hide behind small print
But here it is to protect you and us
1 Formation of the contract
1.1 These terms of sale apply to all goods sold by Wild Skies Gallery (the Supplier) to the Customer.
1.2 No contract exists between the Customer and the Supplier for the sale of any goods until the Supplier has received and accepted the Customer’s order and sent the Customer confirmation in writing either to the Customer’s address or email address. Once the Supplier does so, there is a binding legal contract between the Supplier and the Customer.
1.3 The contract is subject to the Customer’s right of cancellation (see below).
1.4 The Supplier may change these terms of sale without notice to the Customer in relation to future sales.
2 Description and price of the goods
2.1 The description and price of the goods to be ordered by the Customer are as stated on this website (which may be varied from time to time.) The Supplier shall not be bound by erroneous prices (all prices on this website are to be construed as an ‘Invitation to treat’ only). In the event of error the Supplier will inform the Customer as soon as possible, and refund or recredit the Customer for any sum that has been paid by the Customer or debited from the Customer’s credit/debit card for the goods.
2.2 The goods are offered subject to remaining unsold. If on receipt of the Customer’s order the goods ordered are not available, the Supplier will inform the Customer as soon as possible, and refund or recredit the Customer for any sum that has been paid by the Customer or debited from the Customer’s credit/debit card for the goods.
2.3 In addition to the price, the Customer will be required to pay any delivery charge for the goods, shown at the checkout.
2.4 The Supplier reserves the right not to supply any goods to any person for any reason and shall not be required to give such reason. In this event the Supplier will inform the Customer as soon as possible, and refund or recredit the Customer for any sum that has been paid by the Customer or debited from the Customer’s credit/debit card for the goods.
Payment shall be due in full before the goods are delivered.
4.1 The goods ordered by the Customer will be delivered to the delivery address.
4.2 The Customer will become the owner of the goods and responsible for risk of loss of or damage to them once they have been delivered to the Customer.
5 The Customer’s right of cancellation
5.1 The Customer has the right (subject to clause 5.7) to cancel the contract at any time up to the end of 48 hours after the Customer receives the goods (see below).
5.2 To exercise the Customer’s right of cancellation, the Customer must give written notice to the Supplier by hand or post or email, at the address, or email address shown on the Supplier’s website or invoice, giving details of the goods ordered and (where appropriate) their delivery.
5.3 Should the Customer exercise the Customer’s right of cancellation after the goods have been delivered to the Customer, the Customer will be responsible for returning the goods to the Supplier at the Customer’s own cost, to the address shown on the invoice. The Customer must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
5.4 Once the Customer has notified the Supplier that the Customer is cancelling the contract, (subject, where applicable, to the receipt by the Supplier of the returned goods as per clause 5.3, the Supplier will refund or recredit the Customer within 30 days for any sum that has been paid by the Customer or debited from the Customer’s credit/debit card for the goods.
5.5 The Customer shall use all reasonable endeavours to return the goods to the Supplier within 7 days of exercising the right of cancellation.
5.6 If the Customer does not return the goods as required within 21 days of cancellation the Supplier may charge the Customer a sum not exceeding the direct costs of recovering the goods and may deduct any such sum from that due to the Customer.
5.7 The Customer does not have the right to cancel the contract if the order is for goods made to the customers specification or which have been personalised for the Customer.
6.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect the Customer’s statutory rights as a consumer.
6.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by the Customer or any third party, use otherwise than as recommended by the Supplier or manufacturer, failure to follow the Supplier’s or manufacturer’s instructions, or any alteration or repair carried out without the Supplier’s or manufacturer’s approval.
6.3 If the goods supplied to the Customer develop a defect while under warranty, or the Customer has any other complaint about the goods, the Customer should notify the Supplier in writing at the invoice address, or email address.
7 Data protection
7.1 The Supplier will take all reasonable precautions to keep the details of the Customer’s order and payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by the Customer.
7.2 The Supplier will only use the information the Customer provides about the Customer for the purpose of fulfilling the Customer’s order, unless the Customer agrees otherwise.
8 Applicable law
These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.