Terms & Conditions
It is important that you read and understand these terms and conditions before proceeding with any transaction.
Site Use:
Access to and use of this Website, and the products and services available through this Website, are subject to the following Terms & Conditions. By using this website, you are agreeing to all of the Terms & Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to our Terms & Conditions.
Access to this Website is permitted only on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.
This Website also contains links to other websites, which are not operated by Frank Grace Gallery. Frank Grace Gallery has no control over Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
As a visitor to our website, please be aware that goods shown may not be available.
We may make improvements or changes to our website, the content, or to any of the artworks, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. Also, please be aware that our website and your equipment software or telecommunications connection may not be compatible.
In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
Title, ownership rights, and intellectual property rights in our website Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
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, in whole or in part, except as is expressly permitted in this agreement.
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, or any software used on Our Web Site, and that you will not permit any other person to do so.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of such activity include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; forging any content or correspondence under the name of the Frank Grace Gallery; taking any action in order to obtain artworks or goods that you are not entitled to.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, or any infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
Purchasing Artworks, Delivery and Returns
We confirm that we either own the work displayed on this website or are authorised to sell it on behalf of the owner.
We accept orders by phone or through our Purchase Order form. We will send you an email confirmation when your order is received, which will outline the details of your purchase in this email and tell you when the order will be dispatched.
We reserve the right to change our prices, terms and conditions. The price, terms and conditions that apply to your order are those that are posted our website the day that you order the artwork(s).
You must pay us the full price for the work, together with delivery costs, any VAT and any amounts payable to us, but excluding any deposit or advance that you may already have paid, by bank transfer or such other methods as we agree within 30 days after the date of our confirmation email, or within 6 months of the date of deposit if you are paying for the work in instalments. In either case, payment has not been made until we have received cleared funds representing the full amount.
If you fail to pay the full payment price within the agreed time, the sale will be cancelled and any deposits forfeit.
Once the artwork has been delivered, and signed for, it is than your responsibility to care for the artwork. Any damage caused to the artwork after delivery is not the responsibility of the Frank Grace Gallery, and we will not accept the return of goods that have been damaged after delivery. We will, however, replace, repair or refund any artworks that are damaged in transit, provided that they are being delivered by our own shipper.
If the work is to be exported we will make appropriate arrangements for export and shipment and may make a reasonable additional charge for doing so. You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
You must pay us the full price of your order before we will send any part of it.
We exhibit paintings in three different currencies on our website. This is to try and combat the fluctuating ups and downs of currency exchange rates. If you would like to buy a painting that is in another region/currency to your own, please take on board the currency exchange rate on the day you place your order, as that is the rate we will use when calculating the cost of the artwork. International shipping also costs more and should be taken into account before purchasing artwork from another region.
When contacting us/placing an order, you consent to provide us with accurate, up to date, and complete information about yourself. We need this information in order to complete any sales and to ensure that we are dealing with a genuine client. We will keep your information private and will not share your details with any other company/business/marketing service.
We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within 90 days of purchase.
Deliveries will be made by our shippers to the address stipulated in your order, unless other shipping arrangements are made with the Frank Grace Gallery. You must ensure that someone is present to accept delivery.
If we are not able to deliver your artwork within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver several artworks in instalments if the artworks are not available at the same time for delivery.
We do deliver to other countries outside of the Europe and the USA. International shipping can be expensive though and the cost should be considered on top of the purchase price of the painting. We can arrange international shipping for a client through Fed-Ex, and will arrange a quote for this shipping to be emailed to you at your request.
If you are unhappy with the artwork you have received you have the right to return it to us, in its original condition, within 90 days of purchasing. We will refund your payment in full within 30 days of receiving the returned artwork.
If you have ordered a commission from an artist, and are unhappy with the final result, you are also entitled to refuse or return the painting to us within 90 days, provided it is in its original condition. We will refund your payment within 30 days of receiving the returned artwork.
If you are returning an artwork to the Frank Grace Gallery, the following Terms apply: You must return the artwork in its original condition and packaging to us within 90 days. The artwork must be securely wrapped, include our delivery slip and any other materials that were included in our original package to you. Artworks being returned are at your own risk and cost, and remain your responsibility until they have been safely delivered back to Frank Grace Gallery. After we have received the artwork, and provided it is in its original condition, we will return the full purchase price of the artwork to you, by whatever means you paid for the artwork, no later than 30 days from the date of our receipt of the artwork. If you do not return the artwork to us, you are still liable to us for the cost.