Legal Policy & Privacy Policy
Terms and Conditions
Legal Policy
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods.
We are:
Melton Art Gallery
22 Weaver Green
Melton Mowbray
LE130UH
Leicestershire
You are:
visitor to Our Web Site / our customer
1 Definitions
In this agreement:
“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but, in any event, no later than 30 days from the date of your order.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5 Delivery
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6 Orders from outside the UK and Ireland
6.1 We will endeavour to arrange delivery to countries outside the UK.
6.2 Prices for delivery prices may already be quoted online but enquiries for delivery quotes can be made to us or to the artist via the enquiry system.
7 Returns and refunds
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 All correspondence regarding the return of Goods shall be carried out between You and us.
7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods.
7.3 The Goods must be returned to the artist within 21 days of delivery:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.5 We will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.6 If you do not return the Goods to us, you are still liable to us for the cost.
7.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Web Site;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
8.6 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.
9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in the 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.
9.2 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.
9.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10 System Security
10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
10.2 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 Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are not entitled.
10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
10.5.1 any violation of system security as set out above;
10.5.2 your use of Our Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
11 Indemnity
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 the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12 Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
13 Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14 Severability
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. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16 Dispute Resolution
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.
17 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Privacy Policy
Contents
1. About this policy
2. About us
3. How to contact us
4. What types of data we hold about you
5. How we obtain your data
6. What we use your data for
7. Who we disclose your data to
8. Where we process your data
9. Data security and preventing unauthorised access
10. Cookies that we use
11. Your rights
1. About this policy
This is the privacy policy of Melton Art Gallery, which sets out our policy in relation to data and information we collect and use in relation to our visitors, customers and members. We keep your data confidential (unless your data is supplied for the purpose of being viewed by others, such as forum posts), and only use it and share it as detailed in this privacy policy. We will comply with the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) in relation to your data. We do not sell your data to third parties.
2. About us
We are a private business registered in England and our registered office is at Weaver Green, Melton Mowbray, LE130UH.
3. How to contact us
To contact us, please e-mail us at: info@meltonartgallery.com
4. What types of data we hold about you
The data and information we hold and process about you consists of the following:
a. Information relating to your orders
• Your purchase transactions
• Your purchase orders
• Your payment information and payment history
• Order delivery, fulfilment and returns information.
b. Your activity online
• Your content
• Your professional artist information, including, but not limited to personal details, galleries, portrait, biography, exhibitions, awards, tuition, media, and subjects.
• Messages that you exchange with other members using any service provided by us.
• Any other content that you supply.
c. Administration Information
• Communications between you and us, including queries, problems, support, and survey responses, and including via e-mails, web-forms, and telephone.
5. How we obtain your data
We obtain your data through a variety of means, including:
a. Forms you fill in / data you provide.
• From forms which you complete and submit on our website
• From printed forms which you obtain from our website or us
• Data we collect face-to-face, or by means of e-mail or telephone
b. Other information you supply
• From the data, information and images you post, upload or otherwise provide to our website, including our forum.
• From any other information you supply from time to time, including through telephone calls, emails and other communications between you and us.
• From any information supplied by other users of our site and other customers.
c. Generated Information
• From information generated by us as a result of dealings, transactions and communications with you, including supplying any goods or services to you, providing the functionality of our website, operating competitions, and dealing with queries, support requests and complaints.
d. Technical Information
• From information which is automatically supplied by your web-browser when you visit our website.
• From information recorded by our server when you view any page on our website.
6. Data uses
We use your data for the following operational purposes:-
a. Supply of goods and services
• To perform each order from you for the supply of goods and services.
• To collect payments due from you.
b. General administration
• To monitor our staff.
• To communicate with you for administrative and support purposes.
• To manage complaints, disputes and claims.
• To enforce our contracts and terms and bring claims.
c. Marketing e-mails and communications
We will also use your data to send you marketing materials and newsletters relating to our website, products, services and events, but only where you have consented to this through the appropriate setting in your website account, and you have not withdrawn your consent. You may change your consent by adjusting the appropriate setting or informing us through our contact details in this policy.
f. Data we hold on you is done so on our secure computer servers. We hold this data to ensure that we can manage your account and provide details to you on previous purchases, wishlist items and your account preferences. If you require us to remove this information, please see section 11.
7. Who we disclose your data to
a. Public Data
Where, as part of the functionality of our website or as part of any service, competition, or event we provide or run, it is envisaged that certain of your data will be made available to the public in general, or to other members, then we may make that data available on such basis. For example, your forum posts, elements of your profile and professional-artist information, your galleries, tuition etc, may be made public. We will make it clear to you in our website, or in our communications with you, which elements of your data will be made available in this way. If our website settings allow you to control what elements of your data are made public, then we will honour the settings that you select.
b. Our contractors and suppliers
Where we use third parties to provide or supply any part of our website or any goods, services, events, insurance or other things, or to enforce or administer any contracts or terms, then we may provide your data to them as reasonably required for those purposes, including to the artists from whom work is purchased from, delivery agents, payment processors, and insurers.
Your data may be held by them as data processor on our behalf, in which case we will remain the data controller, and your data will only be held and used by them on our behalf and in accordance with our instructions and this policy. Your data will also only be held or as long as it is required to undertake their services, after which time it will be securely removed from their systems.
In some cases, your data may need to be provided to them to be used by them for their own purposes, as data controller, where this is reasonably necessary, for the purposes of provision of any goods, services, insurance, event etc. by them. In such case, they should inform you separately that they are holding your data as data controller.
c. Legal requirements
We may supply your data to a government authority where required to comply with a legal requirement, for the administration of justice, or where reasonably required to protect your vital interests.
d. Claims handling
We may disclose your identity to any third party who is making any claim against us in relation to any of your data that you have posted or uploaded to our website, including where it is claimed to breach their rights or privacy.
8. Where we process your data
We and our contractors and suppliers normally store and process your data in the United Kingdom. However, we and our contractors and suppliers may from time to time store and process your data elsewhere, including outside the European Economic Area. This may be because our contractor or supplier who carries out any order fulfilment or payment processing, for instance, may be based elsewhere.
If your data is to be stored or processed outside the European Economic Area, we will comply with, and take all reasonable steps to ensure our contractors and suppliers comply with, the rules under the Data Protection Act 1998 and General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) for processing personal data outside the European Economic Area.
9. Data security and preventing unauthorised access
a. Our security measures
We will take and use reasonable endeavours to ensure our contractors and suppliers take all reasonable steps and implement all reasonable measures, to keep your data secure and prevent unauthorised access to your data (except for those parts of your data intended to be made available to the public or other customers or members of ours, such as your public profile, forum entries, gallery etc.), and to prevent accidental loss or damage to your data.
b. Your passwords
You are responsible for keeping your username and password log-in details confidential and we would ask you not to share them with anyone.
c. Information Security Policy
All employees are responsible for ensuring confidentiality of sensitive information. Melton Art Gallery recognises the importance of information security. The primary purpose of our information security is the protection of services to members and customers, and the customer information we are supplied with. It is the company’s aim to ensure that customers have confidence in our information security and are safe in the knowledge that we are responsive to their security concerns.
Melton Art Gallery will adhere to all the requirements of PCI DSS in protecting customer card details. Everyone within Melton Art Gallery has an important role to play and each member of staff has their own specific tasks and responsibilities. We expect our core behaviour of professionalism and customer focus to be reflected in our protection of customer information. We support staff efforts to secure information through policies, and staff training and awareness activities.
This policy is subject to review annually to ensure that at a strategic level it addresses the evolving information security threats and objectives needed for the organisation to be successful.
d. Payment Card Security
Melton Art Gallery process payment cards through PayPal Payment Page, accessed from authorised PCs on a dedicated network segment. There shall be no access to this network segment from the Internet, or from other sections of Art Gallery. PCs and other devices on this network shall be configured to meet the requirements of PCI DSS, and may only be accessed by authorised users.
10. Cookies that we use
Cookies are small text files which a web page can save on your computer and read later. We use cookies only where necessary for the purposes of the technical operation of our website, including for managing log-ins, shopping baskets, transactions and other functions of our website.
The table below lists the cookies we collect and what information they store.
Necessary cookies help make a website usable by enabling basic functions like
page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
11. Your rights
a. Access to your data
You can see most of your data through your account web pages when logged in on our website. Under the Data Protection Act 1998 and General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), you are entitled to a copy of all personal data we hold about you. If you would like to exercise this right, please contact us via email at help@artgallery.co.uk, requesting a Subject Access Request Form.
b. Your right to stop marketing messages
If we are sending you marketing literature (including paper-based and electronic messages), you have the right to ask us to stop doing this. Please contact us using our contact details above.
c. Your right to stop use causing distress
You have the right to ask us to stop using any data for any purpose where that purpose is causing you substantial distress. If you have any concerns regarding our use of your data, please contact us using our contact details in this policy.
d. Your right to alter inaccurate data
You are entitled to ask us to change, erase, block or modify any inaccuracies in your personal data, by contacting us using our contact details above. We will respond to these requests within one month. In most cases you can do this yourself though your account web pages on our website, which let you change and update your data.
e. Your right to revoke consent at any time
You have the right to withdraw consent for us to use your data at any time. If this withdrawal means we are not able to provide a service to you, we will advise of this at the time of withdrawal.
f. Your right to erasure
If you wish to have all of your data that is held by Art Gallery erased, you should contact us on the details above, to which we will respond within one month.