Terms & Conditions
1. GENERAL
Baron Grafton Arthouse Limited ("Baron Grafton Arthouse" "we" or "our") provides a service for viewing, selling and purchasing original Works of Art, as well as art curation, art consultancy, art commissions, and commercially exploiting digital images of Works of Art (the "Service", collectively the "Services") through our website, accessible at www.BaronGraftonArthouse.com (the "Site") or mobile application (the “Mobile Application”) together with any services, software, tools, features or functionality made available by Baron Grafton Arthouse (each, a “Service” and collectively, the “Services”). Please read carefully the following Terms and Conditions ("Terms") and our Privacy Policy, which may be found at https://BaronGraftonArthouse.com/pages/Privacy-Policy (the “Privacy Policy”). This link can also be found on the Baron Grafton Arthouse website homepage footer for review.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change the URL, modify or discontinue, and restrict or block access to, the Services without any notice. We may modify or remove any Original Works of Art (as defined below), Digital Works (as defined below), Baron Grafton Arthouse Content (as defined below) from the Services or to change or update information at any time without prior notice. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.
Certain Services may have different Terms and Conditions posted or may require you to agree with and accept additional Terms. If there is a conflict between these Terms and Conditions and the Terms posted for a specific area of the Services or for specific Services, the latter Terms and Conditions shall take precedence with respect to your use of or access to that area of the Services.
USER ACCEPTANCE
We are Baron Grafton Arthouse Ltd, a company registered in England and Wales under number 3081438 ("Baron Grafton Arthouse Ltd"), registered office located at 49 South Molton Street, London W1K 5LH, UK, and its Website BaronGraftonArthouse.com and any other websites owned by Baron Grafton Arthouse (collectively the "Website") provides service to you subject to the following Terms and Conditions.
By visiting, using, posting any content or purchasing a Work on Art or through the Website, whether or not you have registered as a user with the services, you acknowledge that you have read, understand and agree to be bound by both these Terms and Conditions and to the Privacy Policy (the "Privacy Policy"), which is available at https://BaronGraftonArthouse.com/pages/Privacy-Policy .
These Terms and Conditions, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Baron Grafton Arthouse that will apply between you and Baron Grafton Arthouse for the sale and purchase of the items contained in your basket and your use of the Website.
The failure of or delay by Baron Grafton Arthouse to exercise or enforce any right in these Terms does not constitute a waiver of such rights. You are only authorised to use the Website if you agree to abide by all applicable laws and these Terms and Conditions. If you do not agree to these Terms and Conditions and our Privacy Policy, then you have no right to access or use the services.
ABILITY TO ACCEPT TERMS & CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the Terms and Conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
We will not sell or deliver age restricted goods to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right to refuse to deliver if we are unsure of this. Our courier may ask for age verification on delivery. If they are not satisfied that the recipient is over 18 they will return the item to our warehouse and we will issue you with a refund.
MODIFICATION OF THESE TERMS
Baron Grafton Arthouse reserves the right, at its sole discretion, to amend, discontinue or terminate the Services or to modify these Terms and Conditions, at any time and without prior notice. If we modify these Terms and Conditions, we will post the modification on the Website updating the "Last Updated Date".
It is your responsibility to review these Terms and Conditions for any changes. By continuing to access or use the Website and/or Services after we have posted a modification, you are indicating that you assent to, accept and agree to be bound by its revised Terms and Conditions. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If the modified Terms are not acceptable to you, please don’t use the Website or Services.
We encourage you to review these Terms and Conditions regularly.
INVALIDITY OF THESE TERMS AND CONDITIONS
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Baron Grafton Arthouse 's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Baron Grafton Arthouse reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website.
It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and accept of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
LIMITATION OF LIABILITY
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these Terms and Conditions shall be limited to the value of the goods ordered by you in the relevant transaction.
INDEMNITY
You agree to defend, indemnify and hold harmless Baron Grafton Arthouse, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Baron Grafton Arthouse, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any Copyright, property, or privacy right; or (iv) any claim that any of our Content or Art caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
VIOLATIONS OF THESE TERMS & CONDITIONS
Please report any violations of the Terms and Conditions, including objectionable User Submissions, Content, or behaviour, to Legal@BaronGraftonArthouse.eu. Please state the reasons for your concern and provide a link to the Content or, if appropriate, the behaviour in question. Baron Grafton Arthouse will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.
ASSIGNMENT
These Terms and Conditions, and any rights and licenses granted hereunder, may notbe assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Baron Grafton Arthouse without restriction.
GOVERNING LAW AND JURIDISCTION
These Terms and Conditions shall be governed by and interpreted in accordance with English law and in the event of any dispute arising out of these Terms and Conditions you agree with Baron Grafton Arthouse to submit to the exclusive jurisdiction of the English courts.
CARE GUIDELINES
Where appropriate, care guidelines are clearly stated on each product page and these should be followed to ensure the maximum lifecycle for that product. If you are unsure about the appropriate care for your Works of Art, please contact customer services at CustomerServices @BaronGraftonArthouse.com or call: +(44) (0)20 8581 2437 (Monday - Friday, 9.00am - 6.00pm).
2. DEFINITIONS
2.1 In these Terms and Conditions, the following words have the following meanings:
1. "Service" means a service for viewing, selling and purchasing Original works of Art ("Original Works of Art" or “Artworks”) and commercially exploiting Limited Edition Prints and Open Editions Prints of Works of Art ("Digital Works") through our website, accessible at www.BaronGraftonArthouse.com
2. "Site" “Website” or “Online Shop” means the Website where we provides our “Services”, together with any software, tools, features or functionality made available by Baron Grafton Arthouse (each, a “Service” and collectively, the “Services”), accessible at www.BaronGraftonArthouse.com (the "Site")
3. “Mobile Application” means the mobile Website application where we provides our “Services”, together with any software, tools, features or functionality made available by Baron Grafton Arthouse (each, a “Service” and collectively, the “Services”), accessible at www.BaronGraftonArthouse.com (the "Site") in mobile version.
4. "Artworks" : “Original Works of Art” and “Digital Works”
4.1 "Original Works of Art" means original Works of Art created by artists Maite Baron and/or Keith Grafton, or any other artists represented on the website, for which they are the sole and exclusive owner/s and that are available for sale on the Baron Grafton Arthouse Website.
4.2 "Digital Works" mean digital images of Works of Art that you have been created by artists Maite Baron and/or Keith Grafton, or any other artists represented on the website, for which they are the sole and exclusive owner/s and that are available for sale on the Baron Grafton Arthouse Website.
5. "Seller", "we", "us", “our” or "Baron Grafton Arthouse" means Baron Grafton Arthouse Ltd, registered in England & Wales (company registration number 3081438), whose registered office is at 49 South Molton Street, London W1K 5LH, UK
6. "Buyer" means the person who's name is printed on the Order
7. “Trade” means Trade professionals buying Works of Art for specific spaces or client’s projects such as Interior Designers, Property Developers, Architects, Art Dealers, Art Consultancies, Trade Associates, Corporations and Institutions. Special Terms and Conditions specific to each project and/or order will be presented to you when you open a Trade Account with us.
8. “Trade Services” means a service for viewing, selling and purchasing Original Works of Art ("Original Works of Art") and commercially exploiting Limited Editions Prints and Open Editions Prints of Works of Art ("Digital Works") through our Website, accessible at www.BaronGraftonArthouse.com . As well as providing other services such as curation, advisory services, art consultancy, custom sizes, art rental options and art commissions.
9. “Art Commission” means new commissioned Original Works of Art ("Original Works of Art" or “Artworks”) and commercially exploiting Limited Editions Prints and Open Editions Prints of works of art ("Digital Works") to suit private collectors or/ and Trade clients projects, spaces, sizes and specific needs.
10. "Contract" means the Order and Order Confirmation (incorporating any Special Conditions)
11. "Goods" means the Goods or Services which the Seller is to sell in accordance with these Terms and Conditions
12. "Order" means the Buyer's Order for Goods or services
13. "Price" means the price together with postage and packing in force at the date and time of the Order
14. "Receipt" means the date when the Order has been delivered to the buyer
15. "Defective" means containing a fault or defect
16. "Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation
17. "Copyright Notice" means the Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Baron Grafton Arthouse. You can find our Copyright Policy (the "Copyright Policy"), which is available at https://BaronGraftonArthouse.com/pages/Copyright-Policy .
18. "Trademarks" means all of the Baron Grafton Arthouse and Website trademarks are owned by Baron Grafton Arthouse and may not be used for any purpose without the prior written permission of Baron Grafton Arthouse. You can find our Copyright Policy (the "Copyright Policy"), which is available at https://BaronGraftonArthouse.com/pages/Copyright-Policy .
19. “Withholding Taxes” means any taxes or customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase by the Buyer.
3. THE WEBSITE
These Terms and Conditions apply to all users of the Website, including users who contribute information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, submitted “Artworks” and any other materials (collectively the "Content") or services to the Website. The Website may contain links to third party websites that are not owned or controlled by Baron Grafton Arthouse. Baron Grafton Arthouse has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Baron Grafton Arthouse from any and all liability arising from your use of any third-party website.
WEBSITE ACCESS
Baron Grafton Arthouse grants you permission to use our Website as set forth in these Terms and Conditions, so long as: (i) you will not copy or distribute any part of the Website in any medium without Baron Grafton Arthouse prior written approval; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iii) you agree to the Terms and Conditions as set forth in this document, and; (iv) your use of the Website as permitted is solely for your own personal use.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account and user profile you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Baron Grafton Arthouse of any unauthorised use of your password or account or any other breach of security. Baron Grafton Arthouse cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Baron Grafton Arthouse suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website.
You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Baron Grafton Arthouse servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Baron Grafton Arthouse grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Baron Grafton Arthouse reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions, from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
WEBSITE USER CODE OF CONDUCT
The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website, upload, post, email, transmit or otherwise make available any Content that:
1. is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
2. infringes or violates any patent, copyright, trademark, trade secret or other property right;
3. violates any laws;
4. breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
6. constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
7. violates or encourages others to violate any applicable law, statute, ordinance or regulation;
8. promotes software or services that deliver unsolicited e-mail;
9. contains viruses, Trojan horses, worms, time bombs, cancel-bots or other similar harmful programming routines or computer code;
10. is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
11. harms minors in any way.
In addition, you may not use the Website to:
1. upload, post, email or otherwise transmit any Content that releases personal information including telephone numbers, street addresses, last names, URLs or email address;
2. engage in commercial activities within the Website;
3. take any action that may undermine any ratings system that Baron Grafton Arthouse and the Website uses to curate submissions;
4. provide false or deceptive information within your profile or any other Content you post on the Website;
5. harass and/or stalk other users on the site;
6. delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;
7. allow usage by others in such a way as to violate these Terms and Conditions;
8. copy, modify, or distribute (i) Content from any part of the Website or (ii) any Baron Grafton Arthouse copyrights or trademarks;
9. impersonate any person or entity, including, but not limited to, a Baron Grafton Arthouse official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
10. forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
11. or upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
USER CONTENT
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Website users ("Opinions") and any Content provided to us by Website users are not endorsed by Baron Grafton Arthouse, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Website are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual.
MODIFICATIONS TO THE WEBSITE
Baron Grafton Arthouse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Baron Grafton Arthouse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
WARRANTY DISCLAIMER - LIMITATION OF LIABILITY
Although we take every care to ensure accuracy, Baron Grafton Arthouse make no warranties or representations as to the accuracy or completeness of the information we place on our Webpage or the content of any sites linked to this site and disclaim all warranties, express or implied, in connection with the Website and your use thereof. Baron Grafton Arthouse does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Baron Grafton Arthouse will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of Goods or Services. No advice or information, whether oral or written, obtained by you from Baron Grafton Arthouse or through or from the Service or the Website shall create any warranty not expressly stated in the Terms and Conditions. As with the purchase of any Goods or Service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The extent of our liability for any breach of these Terms and Conditions shall be limited to the value of the Goods ordered by you in the relevant transaction.
You specifically acknowledge that Baron Grafton Arthouse shall not be liable for any content, violation by a user of the Baron Grafton Arthouse Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Baron Grafton Arthouse from its facilities in the United Kingdom. Baron Grafton Arthouse makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, in no event shall Baron Grafton Arthouse, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Baron Grafton Arthouse, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Website; (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the Website; (V) Any bugs, viruses, Trojan horses, or the like which may be transmitted to our through our Website by any third party; and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
4. SALES OF GOODS BY BARON GRAFTON ARTHOUSE
Baron Grafton Arthouse offers Goods for sale via the Baron Grafton Arthouse Website. These Terms and Conditions and any Special Conditions will govern the Contract between the Buyer and Seller, alongside any Terms applicable under any purchase order, confirmation of order or other document.
The Seller's employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
ORDERS AND SPECIFICATIONS
1. All Goods are offered for sale subject to availability and subject to the Sellers acceptance of the Order.
2. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
3. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Additionally, given the bespoke, hand crafted nature of many of the Goods sold on Baron Grafton Arthouse, the exact size of Goods and look may alter slightly from piece to piece and from the official Goods dimensions listed on the Baron Grafton Arthouse website.
4. COLOR : The Seller makes every reasonable effort to display and describe as accurately as possible the printed colors of Original Works of Art, Limited Edition Prints and Open Edition Prints (Digital Works) which appear on its Website. However, cannot give any assurance that the colours of Goods supplied will Exactly match those displayed on the Buyer's monitor or home printing device. As Each individual computer monitor may display colors differently, you understand and Agree that Baron Grafton Arthouse is not responsible for the color accuracy of the Goods which appear on its Website, and disclaims all liability in this regard.
PURCHASER TERMS AND CONDITIONS
By ordering Goods from our Website you accept these Terms and Conditions. The Terms are subject to change at any time, and it is your responsibility to check these Terms and Conditions regularly before ordering products in case there are any changes.
Purchases of Original Works of Art
As a private collector, or Trade member you can purchase Original Works of Art that are listed on the Website and are available for sale. When you purchase such an Original Work of Art through the Services, you are purchasing the artwork from Baron Grafton Arthouse. Prices for Original Works of Art will be specified on the applicable product listing. You acknowledge that prices do not include shipping (unless specifically mentioned as part of an offer, promotion or special T&C) and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Baron Grafton Arthouse and/or its third party service providers will collect your billing and shipping information and process your payment. Baron Grafton Arthouse current Terms and Conditions and Returns Policy (the "Returns Policy") apply to any Original Works of Art that you purchase through the Website.
When you purchase Original Works of Art Offline, these will be subject to special Terms and Conditions, which will be presented to you at the time of purchase for approval.
Purchases of Printed Works : Limited or Open Editions ( Digital Works)
As a private collector or Trade member you can purchase Limited Edition Prints or Open Edition Prints (Digital Works) that are listed on our Website and are available for sale. Prices for Limited Edition Prints or Open Edition Prints will be specified on the applicable product listing. You acknowledge that prices do not include shipping (unless specifically mentioned as part of an offer, promotion or special T&C) and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works (Digital Works) through the Website (Online sales), Baron Grafton Arthouse and its third party service providers will collect your billing and shipping information and process your payment, and your order of Limited Edition Prints or Open Edition Prints will be shipped directly to you. Baron Grafton Arthouse current Terms and Conditions and Returns Policy (the "Returns Policy") apply to any Digital Works (Limited Edition Prints and/or Open Edition Prints) that you purchase through the Website.
When you purchase Limited Edition Prints and/or Open Edition Prints Offline, these will be subject to special Terms and Conditions, which will be presented to you at the time of purchase for approval.
CERTIFICATE OF AUTHENTICITY AND EDITION WITH SIGNATURE
For safety and practical reasons, Baron Grafton Arthouse may send the Certificate of Authenticity with the artist’s signature and the Limited edition details separately – and subject to a delay. In this case, the cancellation period shall only start after receipt of this Certificate of Authenticity and/or Limited edition. If you exercise your right of cancellation, you must also immediately return the Certificate of Authenticity. The purchase price shall not be refunded without receipt of the Certificate of Authenticity. The right of cancellation shall lapse if the Certificate of Authenticity is applied on the Work of Art, the frame, the lamination or elsewhere. We recommend that the Certificate of Authenticity should be kept separate from the the artwork.
ACKNOWLEDGEMENT OF ORDER
When you have completed your Order you will be sent an email confirmation. It will state what products you have ordered, the total cost including VAT (where appropriate) and postage & packaging charges, together with delivery and invoice details. If for any reason your order cannot be processed, a member of the customer services team will contact you to explain the nature of the difficulty.
No contract for the sale of any Goods will subsist between you and Baron Grafton Arthouse until the product(s) ordered have been dispatched. We will send a confirmation email when the goods have been dispatched for delivery. This confirmation email amounts to an acceptance by Baron Grafton Arthouse of your offer to buy goods.
Goods will be sent to the address given by you in your order and stated in your Order confirmation. Please note that occasionally goods ordered may be sent to you in instalments. We will make every effort to advise you (by email) if this is the case.
Where an order is to be fulfilled in instalments, those products yet to be dispatched will not form part of our contract with you. You must check that the details on this confirmation email are correct as soon as possible.
PROMOTION CODES
Promotion codes entitle you, at the time of ordering, to a saving on a new order placed with Baron Grafton Arthouse Website. Details of any minimum or percentage discount, including VAT and saving entitlement, will be issued with your code. Promotion codes are only valid for orders placed online.
Baron Grafton Arthouse Site reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed. Promotion codes are only valid for a limited period of time. The expiry date will be publicised with the relevant promotion code. Only one promotion code can be used per order.
Promotion codes are not valid in conjunction with any other promotion, on sale items or other discounted items. In the event of product returns, refunds will be given for the promotional price in the original purchase once the discount is applied, less any shipping costs charged on the original order.
In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items -if the offer is still valid at the time of making a return, you should place a new order using the original promotional code.
In the event of any returns resulting in the order no longer qualifying for the promotion advertised, Baron Grafton Arthouse reserves the right to deduct the value of the offer from the refund.
Baron Grafton Arthouse reserves the right to terminate any promotion code at any time offered in their Website.
GIFT CERTIFICATES
Gift certificates are not redeemable for cash, and are non-transferable, valid for one year from the date of issue and only redeemable at Baron Grafton Arthouse Online Shop.
You cannot use a gift certificate to purchase another gift certificate. The gift certificate has a cash redemption value of 0.001p and is not transferable or assignable.
Gift certificates cannot be cancelled by the purchaser of the gift certificate once they have been redeemed in part or in full. Your balance can be viewed at any time on our your account. If the order exceeds the amount of the gift certificate, the balance must be paid by an alternative method.
To avoid disappointment, please make sure you redeem your gift certificate before the expiry date that appears on the certificate. Gift certificates and unused portions of gift certificates expire one year from the date of issue, where permissible under applicable law. Once the certificate has expired we are unable to extend the expiry date under any circumstances.
Normal Baron Grafton Arthouse Terms and Conditions apply to all purchases except where they conflict with these Terms and Conditions.
If you cancel an order for any item you have purchased by redeeming your gift certificate, we will issue you a new gift certificate crediting you the amount you paid.
Baron Grafton Arthouse will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the Baron Grafton Arthouse Website.
SELLER ORDER CANCELLATIONS
Baron Grafton Arthouse make every attempt to ensure that all prices on our Website are accurate, however discrepancies may occur. Baron Grafton Arthouse reserves the right to cancel any Order (Original Work of Art, Open Edition Prints, Limited Edition Prints (Digital Works), Gifts or any other Goods or Services) bought via the Website, if;
1. We discover an error in the price of goods already ordered. In this case we will inform you as soon as possible and ask that you reconfirm your order at the correct price, whilst also giving you the option to cancel it. If we are unsuccessful in contacting you we will consider the order cancelled. If we cancel your order, you will receive a full refund.
2. If we determine, in our sole discretion, that an item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services, will send you an email confirming such cancellation and you will not be charged for your order.
LIMITATION OF LIABILITY FOR GOODS PURCHASED
With regards to Goods purchased by the Buyer, the liability of Baron Grafton Arthouse, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes, shipping or freight) for such Goods or Services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.
5. WEBSITE GOODS
AVAILABILITY OF GOODS, PRICES, PAYMENT AND CURRENCIES
1. All prices are inclusive of UK VAT. The final adjustment to VAT will occur during the checkout process. If you are having your purchase exported from the UK you will not be charged any VAT/Sales Tax. The Buyer shall be responsible for any other Taxes applicable in the territory to which the Goods are sent.
2. Payment must be made by credit card or debit card at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
3. The Seller is based in the UK and accepts GBP sterling payments only.
4. The Seller may offer multi-currency display for informative purposes, which means the Buyer can select the currency of their choice to have a closer idea of the price of the purchase of the artworks selected on their local currency. However the final payment will be always processed in GBP sterling.
5. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct. Goods will be sent to the address given by you in your order and stated in your Order confirmation. Please note that occasionally goods ordered may be sent to you in instalments. We will make every effort to advise you (by email) if this is the case.
6. The Buyer undertakes that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. All credit card or debit card holders are subject to validation checks and authorisation by the card issuer before accepting the Buyers Order. If the issuer of your payment card refuses to authorise payment to us, your Order will not be accepted and Baron Grafton Arthouse will not be liable for any delay or non-delivery.
7. Baron Grafton Arthouse reserves the right to limit, invalidate, or deny the application of credit to a Trade purchase or Work of Art commission at any time. Any credit towards payment is accumulated and may only be applied at the sole discretion of the Seller. The Seller may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
8. We reserve the right, with or without prior notice to: change or limit the available quantity of any artworks, products, subscriptions, software, or services. Also any discounts or promotions offered are subject to availability and may be terminated or amended at any time by Baron Grafton Arthouse. The Seller reserves the right to reject any order based on erroneous pricing, discounts, or promotions.
TAXES - INTERNATIONAL DELIVERY
All prices, commissions, fees and other amounts referred to in these Terms and conditions, including any prices, commissions and fees set forth on the Website, are stated in GBP sterling and do not include any withholding taxes or any customs, duties or tariffs. If your delivery address is outside the United Kingdom, you may be subject to import duties and Taxes, which are payable under applicable law with respect to the purchase once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you, the Buyer. You should note that customs policies vary widely from country to country; Baron Grafton Arthouse advises each customer to contact their local customs office for further information.
You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
6. MOBILE SERVICES
“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device.
Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Baron Grafton Arthouse by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.
7. DELIVERY, CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS
See Baron Grafton Arthouse’s full Delivery & Returns Policy (the "Returns Policy") at https://BaronGraftonArthouse.com/pages/Returns-Policy for all information concerning Delivery, Buyer’s Order cancellation, Exchanges, Returns and Refunds.
8. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
The Website is All Rights Reserved and no portion of the Website or Content may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Baron Grafton Arthouse. Your rights to any purchased Work of Art are limited to a right to private use, excluding any right of representation, commercially exploitation of the Works of Art and of reproduction.
By using and/or visiting the Website, you agree to our Copyright Policy (the "Copyright Policy"), which is available at https://BaronGraftonArthouse.com/pages/Copyright-Policy
8. TERMINATION
Baron Grafton Arthouse may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Baron Grafton Arthouse Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Website or any other Baron Grafton Arthouse Goods or Services. Termination of your account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Baron Grafton Arthouse's sole discretion and that Baron Grafton Arthouse shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
ENTIRE AGREEMENT
These and Conditions Terms constitute the entire and exclusive understanding and agreement between Baron Grafton Arthouse and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Baron Grafton Arthouse and you regarding the Services.
If you have any questions about these Terms and Conditions, please contact us
Enquiries@BaronGraftonArthouse.eu
