GALLERY TERMS AND CONDITIONS: COMPETITIONS

Otter Gallery's Wimborne Young Artist of the Year Competition - Terms and Conditions

OTTER GALLERY trading name of KBD Group Services Ltd
Registered Office: Unit 13a Mill Lane, Mill Lane, Wimborne. BH21 1LN
KBD Group Services Ltd t/a Otter Gallery is registered in England and Wales with registration number: 14547438

1. Introduction

These terms and conditions ("Terms") apply to the "Otter Gallery's Wimborne Young Artist of the Year" competition ("Competition") organized by KBD Group Services Ltd trading as Otter Gallery ("Promoter"). By entering the Competition, participants agree to be bound by these Terms.

2. Eligibility

  1. Participants must be residents of the UK.
  2. Parental consent is required for participants under the age of 16.
  3. Officers, employees, and agents of the Promoter and their families, and anyone who has won a prize on any competition organized by the Promoter within the last 12 months are not eligible to enter.

3. How to Enter

  1. Submit your artwork to Otter Gallery during opening hours: Wednesday - Saturday: 10:00 - 16:00.
    • Note: The gallery is closed from 24th - 27th July; during this period, artwork can be submitted to Cloud Cuckoo.
  2. Include your name, age, and contact details on the back of your artwork.
  3. Age categories for submission: 3-7, 8-12, and 13-16.
  4. The entry deadline is 24th August 2024 at 16:00.

4. Artwork Specifications

  1. Only one artwork per person.
  2. Maximum size: A3.
  3. Paintings must be dry before being brought into the gallery.
  4. No sculptures or 3D artworks.
  5. No use of glitter.

5. Judging and Prizes

  1. The judges' decision is final, and all contestants must accept this decision.
  2. Shortlisted artists will have their work displayed in "The Wimborne Young Artist of The Year 2024 Exhibition" at Otter Gallery.
  3. The award ceremony will take place on Saturday, 31st August at Otter Gallery.
  4. Along with age category prizes, there will be a special "Kingston Lacy Prize" who are a prize giver of the competition, for a piece that captures the National Trust's ethos of caring for nature, beauty, and history. The shortlisted works will be exhibited at Kingston Lacy café, and the winner will receive a special prize.

6. Collection of Artwork

  1. Artwork needs to be collected from the gallery between 31st August - 22nd September.
  2. Any work left after this date, unless otherwise discussed with the gallery, will be destroyed.

7. Use of Submitted Artwork

  1. By submitting artwork, you agree to Otter Gallery using images of your artwork for promotional purposes.
  2. Otter Gallery will ensure the safekeeping of submitted artworks but cannot be held responsible for any damage or loss that may occur.

8. General Rules

  1. Otter Gallery reserves the right to cancel or amend the Competition and these Terms at any time without prior notice.
  2. Changes will be posted within these Terms on Otter Gallery website.
  3. By entering the Competition, you warrant that all information submitted by you is true, current, and complete.
  4. Entries must be the original work of the entrant and not plagiarized or assisted by third parties.
  5. Otter Gallery reserves the right to disqualify any entry if it believes there has been a breach of these Terms.
  6. Otter Gallery shall not be responsible for any damage, loss, injury, or disappointment suffered by any entrant entering or being unable to enter the Competition.
  7. Prizes are as stated and are non-exchangeable and non-transferable. There is no cash or other alternative to the prize in whole or in part. In the event of the advertised prize being unavailable for whatever reason, Otter Gallery reserves the right to offer an alternative prize of a similar nature and of an equivalent value.

9. Publicity and Data Protection

  1. Winners may be required to participate in publicity.
  2. Otter Gallery reserves the right to use the names, photographs, and any recordings of winners in any publicity or promotion.
  3. Otter Gallery will collect and process participants' personal information in accordance with its privacy policy.

10. Governing Law

  1. These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with English law.
  2. Participants submit to the exclusive jurisdiction of the English courts.

For any enquiries regarding these Terms, please contact Otter Gallery at Unit 12 Mill Lane, Mill Lane, Wimborne. BH21 1LN. info@ottergallery.co.uk

 

Otter Studio- TERMS AND CONDITIONS

Otter Studio
8 Mill Lane, Wimborne, BH21 1LN
Trading name of KBD Group Services Ltd
Registered Office: Unit 13a Mill Lane, Mill Lane, Wimborne, BH21 1LN
KBD Group Services Ltd t/a Otter Gallery is registered in England and Wales with registration number: 14547438
Contact details: info@ottergallery.co.uk
Website: www.ottergallery.co.uk/otterstudio

1. Introduction

1.1 These terms and conditions (the “Terms”) govern all use of the website situated at www.ottergallery.co.uk/otterstudio(the “Website”), and all booking of and attendance at workshops (the “Workshops”) run by Otter Studio (“our”, “we” or “us”). By accessing our Website or booking a Workshop, you agree to be legally bound by these Terms as they may be modified and posted on our Website from time to time. If these terms are not acceptable to you, please do not book a Workshop or use our Website for any purpose.

2. Workshop Provisions

2.1 Places on Workshops are allocated on a first-to-pay, first-served basis. We cannot guarantee your place on a Workshop prior to receipt of full payment. If the Workshop of your choice is fully booked, you will be offered the next available date or a full refund.

2.2 You must comply with all rules and regulations issued by us and pay particular attention to any requirements regarding dress or the wearing of protective equipment where necessary.

2.3 We will endeavor to supply the tutor advertised for any Workshop but reserve the right to change the tutor, timing, or content of any Workshop due to the unavailability of any tutor at any time.

2.4 Please pay particular attention to the details of each Workshop prior to booking. If you have a disability or additional support needs, please contact us before booking as some Workshops may be unsuitable due to the nature of the location. Provide us with full details of any specific requirements, and we will endeavor to accommodate you.

2.5 We do not accept enrollments from anyone under 18 years of age unless accompanied by an adult.

3. Fees, Refunds, and Cancellation by You

3.1 VAT is charged and included in the Workshop fee. A VAT invoice is available on request.

3.2 If cancellation by you occurs within 14 days after making your booking, you are entitled to a full refund less our administration fee of £25.

3.3 If cancellation by you occurs more than 14 days after making your booking, we offer a transfer to a Workshop on a different date of the same value (or put your fee towards a Workshop of greater value if you pay the additional sum required). You will not be entitled to a refund.

3.4 Friends and family may attend in your place for any Workshop, provided we have been given 24 hours' notice before the Workshop commences. You will need to provide us with the names and contact details of anyone attending in your place.

3.5 In the event of an illness (or family illness) preventing your attendance, we may, at our sole discretion, vary our cancellation policy and may ask for documentary evidence to make this decision. If we offer a refund, this will be subject to an administration fee of £25.

3.6 Workshops bought as gifts are subject to the same cancellation policy.

3.7 Any Workshops purchased at a discount are subject to the same Terms and will be refunded to a maximum of the price paid.

3.8 You do not have a statutory right to cancel the Workshop because the Workshop is a leisure activity to be attended between specific dates and accordingly falls within the exclusion provided by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations SI 2013/3134.

4. Cancellation by Us

4.1 We reserve the right to cancel any Workshop at any time, subject to the student receiving either a full refund, a transfer to a Workshop of the same value, or a gift voucher of the same value. Please note that we will not refund the cost of any accommodation or travel that you may have booked.

4.2 All our Workshops have a minimum attendance level and may be canceled if too few bookings are received.

4.3 We reserve the right to cancel your attendance on a Workshop at our sole and absolute discretion and provide you with a refund.

5. Your Conduct

5.1 If we, in our sole discretion, consider that you have behaved in an unacceptable manner, we reserve the right to require you to leave the Workshop/event immediately.

6. Accommodation/Transport to and from Workshops

6.1 You are responsible for arranging your own accommodation and transport where applicable. Although we may list local providers of accommodation on our Website to assist you, you are responsible for contracting directly with the accommodation provider and when doing so (and when booking transport), you should make arrangements for cancellation, whether that is due to cancellation of a Workshop by us or by you, and you should consider appropriate insurance.

7. Payment

7.1 You may pay for our Workshops using credit cards and debit cards as set out on our Shop pages.

7.2 We will do all that we reasonably can to ensure that all of the information you provide to us when paying for the Workshops is secure by using an encrypted secure payment mechanism, but in the absence of negligence on our part, we will not be legally responsible for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.

7.3 All payments by credit card or debit card need to be authorized by the relevant card issuer.

7.4 The price of our Workshops is quoted in GBP (unless stated otherwise on our Shop pages).

8. Liability

8.1 You are advised not to bring any items of special value onto our premises or on field trips. We will not accept responsibility for the loss of or damage to any personal possessions.

8.2 We will not be liable for any loss suffered by you resulting from any Workshop or event which is beyond our reasonable control, including but not limited to acts of God, wars, riots, civil commotions, malicious damage, compliance with any law or governmental order, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, extreme weather, pandemics, epidemics or other outbreaks of disease or infection, or failure in the supply of electricity, heating, lighting, or telecommunications equipment.

8.3 Transport and accommodation arrangements made by you with the respective providers are outside the terms of this Agreement, and we exclude all liability in relation to your transport and accommodation arrangements, including any costs that you might incur in the event of cancellation of a Workshop by you or by us.

9. General

9.1 We reserve the right to make changes to or suspend any aspect of our Website or Workshops from time to time.

9.2 You undertake and warrant that all the information that you supply in relation to the booking of any Workshop is correct and that the credit or debit card (or other means of payment) is your own. We reserve the right to obtain validation of your credit or debit cards. Any breach of this clause entitles us to cancel your booking on such Workshop without any refund at any time.

9.3 We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, and we shall not be liable for any loss or damage caused or alleged to be caused by such link/website.

9.4 These Terms shall also apply to any person that is the recipient of a gift voucher or a person that attends a Workshop in substitution for the person that made the booking pursuant to the Contracts (Rights of Third Parties) Act 1999, and references to “you” are deemed to include references to such attendee(s).

9.5 All notices should be sent to the contact details provided to you when you make a Workshop booking. All notices should be sent to us at Otter Studio, 8 Mill Lane, Wimborne, BH21 1LN.  info@ottergallery.co.uk

9.6 You agree to indemnify us in relation to any complaint or action taken against us by any third party as the result of your behavior or actions whilst attending a Workshop or for any statements made or images posted on any site on the internet at any time. You further give your consent to the removal by us at any time and at our discretion of any content posted by you on our Website or any website or part of a website that is controlled by us.

9.7 No failure or delay by us in enforcing any of our rights under the Contract shall be deemed to be a waiver of such right.

9.8 The Terms are governed and construed in accordance with English law, and the parties agree to submit to the exclusive jurisdiction of the English Courts.

10. Vouchers

10.1 E-vouchers cannot be exchanged for cash and are non-refundable.

10.2 E-vouchers will be valid for 24 months from the date of purchase.

10.3 Any remaining balance will be canceled on expiry of the validity period.

11. How We Use Your Data

11.1 We will only retain details for as long as they are useful for the Studio.

11.2 All inactive records will be deleted after five years.

11.3 No credit or debit card information will be held by the Studio.

11.4 We will not sell your data to any third parties.

NOTE: If possible, you are advised to take out insurance against loss of fees through illness or

 

OTTER GALLERY TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
Your attention is particularly drawn to the Limitations of Liability set out in clause 10.

1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:

“Force Majeure Event”
shall have the meaning given in clause 11.
“Goods”
the products that we are selling to you.
"Order"
your selection of the Goods from stock or display in our gallery or your order for the Goods as set out in our Sales Invoice.
"Terms"
the terms and conditions set out in this document.
"We, Us"
OTTER GALLERY trading name of KBD Group Services Ltd
Registered Office: Unit 13a Mill Lane, Mill Lane, Wimborne. BH21 1LN
KBD Group Services Ltd t/a Otter Gallery is registered in England and Wales with registration number: 14547438
"Writing"
or written includes faxes and e-mail.
"You"
the person, persons or body corporate which is buying Goods from us.
1.2 Headings do not affect the interpretation of these terms.

2. BASIS OF SALE
2.1. These terms, the order and our price list are considered by us to set out the whole agreement between you and us for the sale of the goods and supersede and extinguish all previous agreements, promises, assurances, representations and understandings between us. Please check that the details in the terms or on the order (where applicable) are complete and accurate before you commit yourself to the contract. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. When you are ordering goods from us, please ensure that you read and understand these terms before you submit your order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.5.

2.2. Otter Gallery, Unit 12, Mill Lane, Wimborne, BH21 1LN  is not regulated by the financial conduct authority and is not authorised to offer advice on current and future investments, whether regulated or unregulated. If you are making investment decisions, you should seek advice from an independent financial advisor or other regulated professional. Investments in art can go down as well as up. Otter Gallery, Unit 12, Mill Lane, Wimborne, BH21 1LN gives no guarantee, warranty or representation as to the investment potential of the goods that it offers for sale.

2.3. Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the goods.

2.4. If any of these terms are inconsistent with any term of the order, the order shall prevail.

2.5. The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

2.6. These terms shall become binding on you and us when:

2.6.1. We issue you with a sales invoice; or

2.6.2. We notify you that the goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection from the gallery or for delivery to you.

2.7. Please quote the sales invoice number (where applicable) in all subsequent correspondence with us relating to the order.

2.8. We have the right to revise and amend these terms 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 in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

3. THE GOODS

VOUCHERS

3.1 E-vouchers cannot be exchanged for cash and are non-refundable.

3.1.2 E-vouchers will be valid for 24 months from the date of purchase.

3.1.3 Any remaining balance will be canceled on expiry of the validity period.


3.2. In accordance with your statutory rights, on delivery or the date upon which we notify you that the goods are ready for collection, as the case may be, the goods shall:

3.2.1. Conform with these terms;

3.2.2. Conform in all material respects with their description and which match any sample or model seen or examined by you, subject to any qualification or representation contained in the relevant brochures, advertisements or other documentation;

3.2.3. Be of satisfactory quality;

3.2.4. Be fit for purpose for use as indoor display artwork;

3.2.5. Be fit for purpose for use as outdoor display artwork where the description of the goods makes it clear that the goods can be displayed outdoors or if we have confirmed in writing that the goods can be displayed outdoors; and

3.2.6. Comply with all applicable statutory and regulatory requirements relating to the selling of such goods in the United Kingdom.

3.2.7. For further advice about your statutory rights, including those set out in clause 
3.2.8, please contact your local citizens’ advice bureau or trading standards office.

3.3. If you are returning goods to us pursuant to your statutory rights, please take note of the return’s procedure at clause 6 below.

3.4. These terms apply to any repaired or replacement goods we may supply to you pursuant to your statutory rights.

3.5. It is your responsibility to examine your goods carefully for any damage and to contact us as swiftly as possible should any defects be identified on delivery, in order that we can take the necessary steps to repair, replace, or if necessary, refund the goods. We therefore request that upon receipt of your goods you remove all packaging and inspect the goods closely to ensure that they are in good condition. Should you be less than satisfied with the quality or condition of the goods or any aspect of the frame (if applicable), you should advise us no later than 14 working days after taking possession of the goods. Any delay to you notifying us might impact upon our ability to rectify the issue for you. This clause 3.4 does not affect your statutory rights.

3.6 items displayed on our website or imagery of artwork provided to you may appear different in person than on an electronic screen or device. For this reason, we recommend where possible that if you are seeking a precise colour, finish or size of artwork that you should endeavour to view your artwork in person. We cannot be held liable for the precise colour, finish or other variables that may be due to differences caused by different devices.

4. DELIVERY
4.1. You may collect the goods from us at one of our gallery location by prior arrangement or, if specified at the point of order, we will arrange delivery of the goods to you. There may be an additional charge for home delivery.

4.2. Delivery of the order will be completed when either we or our delivery agents deliver the goods to you, or we make the goods available for collection by you.

4.3. We will take reasonable steps to meet any estimated delivery or collection date specified in the order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new estimated date with you.

4.4. We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.

4.5. If you fail to take delivery of the goods within seven calendar days of the date on which we notify you that the goods are ready then, except where this failure is caused by our failure to comply with these terms or by an event beyond your control:

4.5.1. We will store the goods until delivery takes place and reserve the right to charge you a reasonable sum (currently £10 a day), to cover storage costs thereafter such as expenses and insurance; and

4.5.2. We shall have no liability to you for late delivery.

4.6. If you have not taken delivery of the goods within fourteen calendar days of our notifying you that they are ready or whereby artwork has been reserved on an exclusive basis for a period over fourteen days, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, credit the balance to a client account held by us or charge you for any shortfall that may occur.

4.7. If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

5. RETURNS
5.1. If you are returning the goods to us in accordance with your statutory rights, please let us know as soon as possible after delivery or collection by telephone on 01202 881840, by email at katie@ottergallery.co.uk or by post to Otter Gallery, Unit 12, Mill Lane, Wimborne, BH21 1LN, providing your name, address, phone number, email address, order details, order number and proof of purchase of the goods. 
We will ask you to return the goods to us or (at our option) arrange return postage on your behalf or collection and once we have checked that the goods are damaged, faulty or defective or otherwise do not conform with these terms, we will either (at your option):

5.1.1. Repair the goods; or

5.1.2. Replace the goods; or

5.1.3. Provide you with a refund.

5.2. Goods will not be accepted for return unless we are reasonably satisfied that they are damaged, faulty or defective or otherwise do not confirm with these terms.

5.3. Goods to be returned by you to us must clearly show the order number on the packaging.

5.4. You are responsible for arranging and paying for the return of the goods to us under this clause 6, but you may be able to reclaim these costs from us in the case of online orders. You accept the risk in the goods during shipping the goods back to us, where you have arranged the return of the goods to us.

5.5. Where we have either arranged return shipping on your behalf or collection, we will accept the risk in the goods during shipping the goods back to us.

6. CANCELLATION
6.1. If you are contracting as a consumer and your order is not taken in person at our business premises, you may cancel your contract to purchase the goods at any time within 14 days, beginning on the day after you receive the goods. 
This right of cancellation does not, however, apply in the case of bespoke goods made or commissioned to your specific order.

To cancel a contract, you just need to let us know that you have decided to cancel. You can contact the gallery you purchased from or contact our customer services team by telephone on 01202 881840, by email at katie@ottergallery.co.uk  or by post to Otter Gallery, Unit 12, Mill Lane, Wimborne, BH21 1LN.

If you are e-mailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

6.2. If you cancel your contract, we will:

6.2.1. Refund you the price you paid for the goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a retail outlet;

6.2.2. Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and

6.2.3. Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

6.2.3.1. If you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.

6.2.3.2. If you have not received the goods or you have received them, and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the contract.

6.3. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product, we may refund you in vouchers.

6.4. If goods have been delivered to you before you decide to cancel your contract:

6.4.1. Then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You can either send them back, return them to us in-store or hand them to our authorised carrier. If we have offered to collect the goods from you, we will collect the goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

6.4.2. Unless you are returning the goods to us pursuant to your statutory rights, you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection.

6.5. Apart from the special circumstances described above, you may only cancel your order with our agreement. Any deposit held will be used to defray our initial costs and expenses of fulfilment and any remaining deposit (or part of it) will be retained by us to be used as a credit against the purchase of other goods for the same or higher price. In the case of goods which we are unlikely to be able to use or sell elsewhere, we may, if we have agreed to a cancellation, also deduct the value of these items from your deposit and ask you to pay any additional amount if their value is more than the amount of your deposit.

6.6. Advice about your legal right to cancel the contract is available from your local citizen’s advice bureau or trading standards office.

7. TITLE AND RISK
7.1. The goods will be your responsibility from the first available point for delivery or from when you are notified that the artwork is available for collection from the gallery (and the artwork is fully paid for)

7.2. Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges, and delivery being available to be completed.

7.3. We reserve the right to instruct finance payments to commence fourteen calendar days after we have notified you that your goods are available.

8. Price and Payment

8.1. All RRPs stated in brochures are the release prices and are likely to increase over a period of time.

8.2. These prices include VAT. However, if the rate of VAT changes between the date of the order and the date of delivery, we will adjust the vat you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.

8.3. These prices exclude delivery costs, which may be added to the total amount due. If delivery costs are applicable, this will be made clear to you at the point of order.

8.4. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the goods to you. If the goods’ correct price is higher than the price stated on the order, we will normally, at our discretion, either contact you for instructions before dispatching the goods, or reject the order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.

8.5. Payment in cleared funds for all goods must be made at the time when goods are collected or with the order, as the case may be. We accept payment by cleared cheque (supported by bankers card), cash (subject to money laundering regulations)and most debit and credit cards.

8.6. We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the goods and these are and will remain your responsibility.

8.7 items delivered to destinations outside the UK may be subject to taxes, fees, customs duty, levies, or other charges as a result of local legislation or customs formalities. These will be due before your items will be delivered.
The recipient of your order is responsible for all customs formalities for the import of the items and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies, and other charges that may be levied outside the UK. The recipient of the items, not the person placing the order, will typically receive a separate request for payment of these charges when the goods arrive in the country of destination. If you’re ordering items to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.

9. ORIGINAL WORKS
Where we have commissioned and/or sold to you an original work of art then, no rights to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork or advertising, is granted to you, nor should any such grant be implied or inferred. All such rights are expressly reserved to us, and we do not guarantee that any such rights either will or will not be exercised.

10. LIMITATION OF LIABILITY
10.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

10.2. Provided that we have taken all reasonable steps to establish the provenance of an original work, in the event of it being established that such work is not attributable to the relevant artist, our liability shall be limited to refunding the original cost of the artwork to you and we shall not be responsible for any loss of anticipated investment value.

10.3. You acknowledge that in entering into this contract you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or otherwise confirmed by us in writing.

10.4. We do not exclude or limit in any way our liability for:
10.4.1. Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
10.4.2. Fraud or fraudulent misrepresentation; or
10.4.3. Any other liability which we are unable to exclude by law.

11. EVENTS OUTSIDE OUR CONTROL
11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (force majeure event).

11.2. A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

11.2.1. Strikes, lockouts or other industrial action; or

11.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

11.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

11.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

11.2.5. Impossibility of the use of public or private telecommunications networks.

11.3. Our obligations under these terms are suspended for the period that the force majeure event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the force majeure event to a close or to find a solution by which our obligations under these terms can be performed despite the force majeure event.

12. ASSIGNMENT
You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.

13. NOTICES
All notices sent by you to us must be sent to Otter Gallery, Unit 12, Mill Lane, Wimborne, BH21 1LN. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

14. GENERAL
14.1. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

14.2. If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.

14.3. A person who is not party to these terms shall not have any rights under or in connection with them under the contracts (rights of third parties) act 1999.

14.4. These terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.

15.Intellectual property and rights of use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

16. Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

whilst efforts are made to comply with website best practices and ensure that common standards are followed, if you require further assistance for accessibility or with any other form of access issue to our website or other materials, please contact our customer services team who will be glad to assist you.