Terms and Conditions

Introduction

If you buy goods from me via my site www.lindahortogallery.com (the “Site”) you agree to be legally bound by these terms. Please take a moment to familiarise yourself with these terms as they will govern our dealings with each other and please tick your acceptance of these terms where indicated. You can contact me on: linda@lindahortogallery.com

Your privacy and personal information are important to me. Any personal information that you provide to me will be dealt with in line with my Privacy Policy, which explains what personal information I collect from you, how and why I collect, store, use and share such information, your rights in relation to your personal information and how to contact me and supervisory authorities if you have a query or complaint about the use of your personal information.

Ordering Goods (For Example, artwork)

You can place an order to purchase artwork directly on the Site. Please read and check your order carefully before submitting it. I will always confirm receipt of your order by email.

I will only accept your order when I email you to confirm this (Confirmation Email). At this point:

  • a legally binding contract will be in place between us (the “Contract”);

  • we will dispatch the goods to you; and

  • payment in full will be taken from you. Goods will be shipped once payment is received in full for the purchase price and shipping.

Cancellation by you

You may cancel your Contract with me for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your Contract nor will you have to pay any penalty. This cancellation right does not apply to customers who have viewed artwork in person before purchasing online.

To cancel your Contract, you must notify me in writing at linda@lindahortogallery.com

If you have received the goods before you cancel your Contract, then we will arrange for the goods to be returned to us at your cost and risk. If you cancel your Contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you, and we will arrange for the goods to be returned to us at your cost and risk.

Once you have notified us that you are cancelling your Contract, we will inform you of the delivery process for returning the goods back to us. Please do not return the goods to us using your own delivery company. The cost of returning the goods will be deducted from your refund amount.

In line with our refund policy below, we will notify you once we have received and inspected your returned goods, and let you know if the refund was approved or not. If approved, you will be refunded on your original payment method within 10 business days PROVIDED THAT the goods in question are received by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

Please remember it can take some time for your bank or credit card company to process and the refund. If more than 15 business days have passed since we’ve approved your return, please contact us at linda@lindahortogallery.com

Cancellation by us

We reserve the right to cancel the Contract between us at any time if:

  • the goods you have ordered are no longer available;

  • we cannot authorise your payment;

  • we are not allowed to sell the goods to you (for example for legal reasons);

  • we do not deliver to your area; or

  • there has been a mistake on the pricing or description of the goods.

If we cancel your Contract, we will notify you by email and will credit to your account any sum deducted by us (using the same method of original payment) as soon as possible but in any event within 30 days of the date of Confirmation Email. We will not be obliged to offer any additional compensation for any disappointment suffered.

Delivery of goods and refund policy

You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. We use a service provider that specialises in shipping artwork to deliver goods to the UK only. Please note that our goods are fragile and the costs of delivery reflect this.

The estimated cost of and date for delivery of the goods will be set out in the Confirmation Email.

If something happens which is outside of my control and affects the estimated date of delivery, I will provide you with a revised estimated date for delivery.

Delivery will take place at the address specified by you when you placed your order with me.

Unless you and I agree otherwise, if I cannot deliver your goods within 30 days of the date of your Confirmation Email, I will:

  • let you know;

  • cancel your order; and

  • provide a full refund.

You are responsible for the goods once they have been delivered to the address specified by you when you placed your order (and signed for by you or your nominated third party to confirm delivery has taken place). In other words, the risk in the goods passes to you when you take, or a third party notified by you takes, possession of the goods.

I do not usually accept deliveries to any addresses outside of the UK. If you are requesting delivery to outside the United Kingdom, please email me to confirm whether I can arrange delivery to your address and if so, I will send a separate quote. You will be responsible for any shipping taxes, duties or fees due in the country you have ordered the goods to be delivered to.

If the goods are damaged during shipping (or the goods delivered are not what you ordered), we shall have no liability to you unless you notify us of the problem in writing via linda@lindahortogallery.com within 10 working days of the delivery of the goods in question. We will then confirm the return process via email (which may involve you sharing images of the damaged goods and permitting our delivery partner access to inspect the damaged goods). Once the goods have been returned to us (in the original packaging), we will provide a full refund in line with the refund policy.

If you do not receive the goods ordered within 30 days of the date of Confirmation Email, we shall have no liability to you unless you notify us of the problem in writing via linda@lindahortogallery.com. We will provide a full refund once you have correctly notified us of the non-delivery of the goods in line with the refund policy.

Payments and charges

The price of the goods is as indicated on my Site and where applicable will include framing. Pricing is depending on size (and frame).

Payment is made via a third party payment processor. On making a purchase you will leave the Site and enter a third party’s payment website. Payment is then taken by credit or debit card via a secure connection. Linda Horto does not have access to your payment card details. Once you leave our Site you are subject to the terms and conditions of the third party payment processor. We are not liable for any damage caused in relation to using third party’s services.

Nothing in this clause affects your legal rights to cancel the Contract during the cancellation period as set out in clause 3.

All prices are in pounds sterling (£GBP) and include VAT at the applicable rate but exclude delivery charges.

Nature of the goods

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.

We are under a legal duty to supply you with goods that are in conformity with this Contract.

End of the Contract

If this Contract is ended (for example due to you cancelling the services) it will not affect my right to receive any money which you owe to me under this Contract.

Third Parties

I use third parties to provide certain elements of my services (for example Zoom, Facebook and third party payment providers). Once you leave my Site you are subject to the terms and conditions (and privacy policies) of that third party. I am not liable for any damage caused in relation to using the services of these third parties.

Liability

No advice or information provided by me shall create any warranty or legal obligation and I make no warranty that my goods shall meet your requirements or be fit for purpose.

If you notify me of a problem under clauses 5.8 or 5.9 above, my only obligation will be, at your option:

  • to make good any non-delivery; or

  • to refund to you the amount paid by you for the goods (less delivery costs) in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 10.2.3. above.

In particular, I will not be liable for :

  • Any loss or damage caused by your own fault;

  • Any loss or damage caused by a third party unconnected to me;

  • Any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Miscellaneous

No one other than a party to this Contract has any right to enforce any term of this Contract.

I will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, my services to you or any other matter, please contact me as soon as possible using the contact details set out at the top of this page.

English law will apply to this Contract. If you want to take court proceedings, the courts of England and Wales will have non-exclusive jurisdiction in relation to this Contract.

These terms and conditions, together with our current Site prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.