Terms & Conditions
10.1 Painted Turtle Galleries Limited
10.2 Terms and Conditions
In using this Website, and in placing an order for Artwork or Merchandise from this Website, You are deemed to have read and agreed to the following Terms and Conditions and have entered into a legally binding agreement with Painted Turtle Galleries Limited (referred to as We, Our or Us or Painted Turtle Galleries)
These Terms and Conditions apply to the use of the Website and the purchase of Artwork or Merchandise and prevail over any other agreement, documentation, or communication whatsoever between Us and can only be varied if agreed between Us in writing. Any special conditions which apply will be set out in the Order Confirmation.
We may change these terms from time to time. The terms that apply to You are those posted here on our Website on the day You order Goods.
In this agreement:
Artist means any person and/or organisation who displays Artwork or Merchandise for sale on the Website.
Artwork means the pieces of art/artwork/craftwork which You the Buyer agree to buy from the Artist using our Website, including Commissions and Made to Order as described in the individual listing on the Website.
Buyer means the person and/or organisation who uses the Website and may buy Artwork or Merchandise (hereafter referred to as You or the Buyer)
Carrier means any person or business contracted by Us or Our Artists to carry Goods from Us or them to You, whether all or part of the distance.
Commissions means Artwork supplied according to Your requirements for example as to subject matter or colour variations.
Goods means any of the goods we offer for sale on Our Website.
Intellectual Property means any patent, trade mark, registered design, copyright, design right, contact or database right, know how, confidential information or process, an application for any of the above and any other intellectual property rights recognised in any part of the world whether or not presently existing or applied for which are held by the owning party.
Made to Order means Artwork which is made for the Buyer based on an original piece of artwork which will be similar to the original but because of their very nature will have variations in the design and colour. Made to Order Artwork will not be an exact replica of the original.
Mainland UK includes many delivery addresses in England, Wales, Northern Ireland, and Mainland Scotland but does exclude some postcodes. Please contact Us and confirm those excluded postcodes prior to ordering.
Merchandise means items or event tickets offered for sale on the Website by an Artist or by Painted Turtle Galleries.
Order Confirmation means the email confirming Your order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery date.
Services means the services we supply by providing Our Website, allowing Artists to advertise Artwork on the Website, bringing buyers and Artists together, using the Website and facilitating orders.
Standard Delivery means a method of delivery within Mainland UK using a Carrier.
Terms and Conditions means these terms and conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by Us.
Upload on to the Website means any submission or post in any format including anything whatsoever which a user uploads or provides to Us to upload and subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
User or You means anyone using and or visiting the Website for any purpose.
We or Us means the organisation who supplies and owns this Website, Painted Turtle Galleries Limited PO Box 501 The Nexus Building, The Broadway, Letchworth Garden City SG6 9BL a company registered in England whose company registration number is 12745169.
Website means the website and all content and/or information at www.paintedturtlegalleries.com and the entire computing hardware and software installation that is or supports the Website.
Working Days means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in the United Kingdom (England, Wales, Scotland and Northern Ireland).
2 Our Services and Contract with You
2.1 We are a venue which primarily enables You to buy Artwork using a Website which is owned and operated by Painted Turtle Galleries Limited. We bring together Artists and Buyers who buy and sell Artwork using our Services. You are not buying Artwork directly from Us. In the case of Merchandise Your purchase may be directly from the Artist and in some cases directly from Painted Turtle Galleries. We will make this clear on Your Order Confirmation.
2.2 Details of Artwork for sale are displayed on the Website and provided by Artists who understand they must comply with the law and provide details about the Artwork. If You need any other information or You have any queries You can email Us before placing Your order.
2.3 Any specification, descriptions or Artwork details in any format or any form of advertising material are shown to provide some indication of the Artwork and are not part of any agreement unless specifically stated in the Order Confirmation.
2.4 You can place an order from an Artist by following the Website guidance. Artists reserve the right not to accept orders for any reason.
2.5 Goods advertised may not be available. If the Goods You order are not available, we will offer You alternatives before we despatch Your order. If this happens You may:
2.5.1 accept the alternatives we offer;
2.5.2 cancel Your order;
2.5.3 leave the order valid, but tell Us to omit the out-of-stock item.
2.5.4 If we owe You money (for this or any other reason), we will credit You using the same method of Payment as You used for Your order as soon as reasonably practicable but in any event no later than 30 days from the date of Your order.
2.6 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 for Merchandise or that we have instructed the Artist to despatch Your order. That is when Our contract is made. It is possible that the price may have increased from that posted on Our Website.
2.7 For Commissions the Artist will agree a price for a commission based on Your requirements and 50% of the agreed price is payable once an order is placed by You. You will then be sent images for approval and once You approve an image You are not able to cancel a Commission.
2.8 Once Made to Order Artwork has been completed You will be sent images for approval. Once You have approved these images the Artwork will be sent out by an agreed date.
2.9 You can approve images by emailing Us at email@example.com.
2.10 Your contract is with Us, not Our Artists. You may not under any circumstances correspond with or communicate with Our Artists regarding sales of Goods, returns, commissions or refunds.
2.12 Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork
3 Price and Payment
3.1 You must pay Us the full price of Your order before we will send any part of it. The Price includes Standard Delivery within Mainland UK. An additional charge will be made for anything other than Standard Delivery and for deliveries outside of Mainland UK. according to the address, size and weight of the Artwork.
3.2 The price of the Artwork is as displayed in GBP on the Website at the time of purchase. For Commissions and Made to Order, the price that You will pay will be confirmed in the Order Confirmation. Unless otherwise specified in writing, You must pay in advance before Artwork is dispatched.
3.3 Payment is made to Us in accordance with the order process on the Website which outlines the current methods of payment accepted. Use of any payment card or method means that You are confirming that all the information contained within the order is true and accurate and that You are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example Your address), particularly to enable Us to complete an order. All credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. The cardholder’s address must match the information held by the issuing authority. If the issuer of Your payment card refuses to pay or does not for any reason authorise payment to Painted Turtle Galleries Limited we will not be liable for any delay or non-delivery of merchandise. Please note that we will retain the legal ownership of all merchandise and Our Artists will retain legal ownership of any Artwork until full payment has been made by You and received by Us. Legal ownership of the merchandise or Artwork will immediately transfer back to Us or the Artist accordingly if we refund any payment to You.
3.3 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.
3.4 Any details given by Us in relation to exchange rates are approximate only and may vary from time to time.
3.5 You will pay all sums due to Us under these terms by the means specified without any set-off, deduction or counterclaim.
3.6 Promotional offers are not to be used in conjunction with any other offers unless the offer specifically states otherwise.
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.
5.1 Deliveries will be made by the Carrier to the address stipulated in Your order. You must ensure that someone is present to accept delivery. Where You have not made any arrangements to take delivery and delivery has been attempted then You will be responsible for any additional delivery charges incurred. Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on Your behalf, confirms receipt of the Artwork and also the state of the package received
5.2 Delivery times are estimates and not guaranteed. For Commissions and Made to Order we will give You an estimated Delivery date at the time of Your Order Confirmation and provide You with an update when Your Order is ready to be despatched.
5.3 We may deliver the goods in installments or in separate packages if the goods are not available at the same time for delivery or if they are being despatched by different Artists or by Us and by an Artist.
5.4 You should inspect Your order upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless You notify Us upon receipt that there is a problem. If You fail to take such action, we are not obligated to accept any rejection by You of the Merchandise or Artwork a later date. If there is any damage whatsoever or if a package shows signs of damage before it is opened, we recommend that You sign for the parcel 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please email Us at firstname.lastname@example.org and include a photograph clearly showing the damage. Your statutory rights are not affected.
5.5. We encourage Artists and manufacturers of merchandise sold on Our site to use sustainable or eco-conscious materials or methods and to use recycled or sustainable packaging. If You have any concerns in this regard on receipt of Your order we encourage You to let Us know at email@example.com
5.6 Where there is a problem with Your order, such as the wrong Artwork arrives or any Artwork is missing you must email Us at firstname.lastname@example.org within 14 days after the day You received the Artwork. You may have a right to reject some faulty Artwork in certain circumstances but this right is limited to 14 days from the date You purchased the Artwork.
5.6.1 Once You contact Us then, on behalf of the Artist, we will assist You by liaising between You and the Artist to deal with any problems.
5.6.2 Depending on the problem with Your order we will advise You whether
(a) You should send photos of the damage Artwork and packaging and retain the artwork as You are advised should the courier, Artist (or their representative) wish to inspect it and/or
(b) Ask You to return the Artwork.
5.6.3 You should retain the Artwork and all original packaging for 30 days so that it can be inspected.
6 International Sales
6.1 Our Service brings together Buyers and Artists from around the world. Where You are buying from an Artist who is located in a country which is either not Your country of residence and/or where You want Your Artwork to be shipped, we refer to this as International Sales.
6.2 The price is displayed in British pounds (GBP) and You will be paying using GBP. Where the Website displays a currency converter this is only a guide/estimate. Your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
6.3 Currency exchange rates and charges are Your responsibility so You may wish to check this with Your own payment provider before placing Your order.
6.4 Delivery of Artwork to an international address (one which is located in a different country to the one in which the Artist is based in) is at Your own expense and risk subject to customs regulations in the country where any delivery address is located. You are responsible for all duties or other charges which may be imposed if You ask goods to be delivered to a country other than the UK.
6.5 You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
7 Returns and Refunds
Because You are buying the Goods by distance selling, 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. You may not contact any Artist directly for any reason.
7.2 You must tell Us You wish to cancel or return Your order within 14 days of Your receipt of the Goods. You should confirm this in writing by emailing Us at email@example.com. We will then help You with information about the method of return and about how and where to return the item.
7.3 In any event, You may not cancel orders for Commissioned Artworks or Made to Order Artworks once images have been approved.
7.4 The Goods must be returned to the Artist within 21 days of delivery:
7.4.1 with both goods and all packaging in their original condition;
7.4.2 securely wrapped;
7.4.3 including any delivery slip or return slip we send You to include;
7.4.4 at Your risk and cost.
7.5 After the Artist has received the Goods, refunds are made using the same payment method that You used to pay Us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach Your account.
7.6 If You do not return the Goods to the Artist, 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.
7.8 The law enables sellers (the Artist) to deduct an amount from Your refund if You have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
8.1 We or Our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice. Your continued use of Our Website will signify Your acceptance of any adjustment to these terms. You are advised to re-read these terms and conditions regularly.
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 Website;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
8.3.4 compatibility of Our Website 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 Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from Your use of any such website. We encourage Our users to be aware when they leave Our site and to carefully read the terms and conditions, including privacy statements, of other sites.
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 Website 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.
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 You maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9.4 Redistribution or replication or any part of this site is expressly prohibited. PAINTED TURTLE GALLERIES and PAINTED TURTLE GALLERIES LOGO are trade marks of Painted Turtle Galleries Limited. Copyright and other relevant intellectual property rights exist in all texts relating to the company’s services and in the full content of Our Website.
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 Website.
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 Website, or any software used on Our Website, 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 Website;
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.
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 Website, 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 Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of
Third Parties) Act 1999.
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.
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.
Full contact information can be found in the Contact section of Our website.
Painted Turtle Galleries Limited is a registered company in England and Wales. Company Registration Number 09205708
Complaints should be made in writing using the email address firstname.lastname@example.org