Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products available through this website meet your specific requirements. Where prices are shown these will be subject to change without notice – details provided on this web site do not constitute a contract to supply and all orders will be subject to a final confirmation of price and availability.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
This website www.thealvertongallery.co.uk is owned and operated by
Roger Keith Driscoll
5 Alverton Street
Tel: 01736 351668
If you need to contact us please use the details above.
2. Make a contract with us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
2.2 Once we have reviewed your order we will e-mail you again to confirm that we accept your order, and that a contract has been made between us.
2.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
2.4 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website.
2.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.
2.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.7 This contract is covered by English law.
3. How to place orders
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. If you prefer to order by telephone you can do so by calling 01736 351668.
3.2 Carriage charges will be shown prior to you placing your order.
3.3 You will be required to pay for the goods in full at the time of ordering.
3.4 We use secure payment facilities for online purchases. You can pay for your order by Paypal, Visa, Mastercard or Delta/Connect.
3.5 Promotional prices only apply during the period stated.
3.6 All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.8 Once your order is complete we will notify you of the dispatch date.
4. Delivery & Carriage Charges
4.1 Goods will normally be dispatched from our warehouse within 72 working hours and any estimated dispatch date is a an estimate, which can change without notice.
4.2 We will normally deliver goods within 2-3 working days of dispatch.
4.3 Your order may arrive in more than one delivery.
4.4 We can deliver our products anywhere in mainland Great Britain and Republic of Ireland. Unfortunately we do not deliver to any islands or the Highlands/Islands of Scotland, however we are able to deliver to a mainland courier company on your behalf for onward shipping.
4.5 We will deliver the goods to the premises you specify on your order. You must be at home to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday.
We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.6 Should the item you order be weighty you may be required to assist the driver in offloading your order.
4.7 Disposal of packing materials is your responsibility.
4.8 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to us or the carrier/courier and we reserve the right to charge you an additional re-delivery charge.
4.9 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.10 Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within a reasonable time.
4.11 If the goods are lost or damaged in transit, please let us know promptly.
4.12 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order.
4.13 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.14 Time is not the essence of the contract unless expressly stated otherwise in writing by us.
4.15 Free delivery is available on orders where the goods cost more than £250.
5. Cancellation and returns
5.1 This policy does not apply to goods ordered by businesses which are exempt from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or the following goods which are exempt from the right to cancel.
Any items which have been personalized or modified to your specification.
5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail, fax or write to us. We are unable to accept cancellations by phone.
5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us (or any other UK address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.5 You may properly examine the goods for 14 days as you would do had you visited our gallery, however you may not return any goods unless they are faulty.
5.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
5.7 We will refund all monies paid to us by you including any postage / carriage within 30 days, less any costs due under this contract.
5.8 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement.
This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.
6. Faulty Goods / Guarantee
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. It is helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
6.2 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked.
The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
6.3 Within this time scale we will replace defective goods free of charge, at our discretion, providing that you have returned to us any faulty goods upon request.
6.4 If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.
7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the uk.
7.2 We do not accept liability for any consequential loss of profit or indirect losses.
8. Trade or Business Customers
The following conditions apply to orders placed by Trade or Business Customers.
8.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by us. We reserve the right to make cancellation and/or re-stocking charges.
8.2 Claims for missing or damaged items must be made within 2 days of delivery.
Website Disclaimer for: www.thealvertongallery.co.uk.co.uk
This disclaimer details our obligations to you regarding our website. This disclaimer has been provided and approved by legal forms provider LegalCentre.co.uk. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
9. Use of Website
1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
1.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.
10. Visitor Conduct
10.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
11. Site Uptime
11.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
12. Links to and From other websites
12.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
12.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
12.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
13. Special Offers
13.1 We offer a 10% discount to customers who subscribe to our emailing list, and any such customers will be supplied with a coupon code. This discount applies solely to purchases concluding in the gallery itself where the total value of the transaction in question exceeds £150. Therefore the offer does not extend to any online purchases, telephone purchases or other “distance” purchases. Further, the offer does not apply to any items which are already included in our “summer sale” which runs from 29 May to 31 August 2018. Where the offer does apply, the coupon code can only be used once by one individual person per transaction on a first come first served basis. Therefore if, for example, two individuals attempt to rely on the coupon code for the same transaction then the discount will be awarded solely to the first person to claim it or, if the two individuals claim the discount simultaneously on a joint purchase then the discount will be applied pro rata (i.e. 5% to each person in this example) such that the maximum discount per transaction cannot exceed 10%. General contractual principles apply and accordingly we reserve the right to refuse to apply the discount in our absolute discretion and in particular if it appears that the system is being abused; for example if a person repeatedly subscribes and unsubscribes to the list or makes multiple subscriptions using email aliases.
14. Exclusion of Liability
14.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
Law and Jurisdiction
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
Notification of your Right to Cancel in circumstances where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply:
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us at 5 Alverton Street, Penzance Cornwall TR18 2QW (telephone 01736 351668, email firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form below, for example by copying and pasting the text into Micrsooft Word and printing it off, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery to you (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If you have already received the goods in connection with the contract then you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods and of any diminution in the value of the goods, however you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
MODEL CANCELLATION FORM
TO: The Alverton Gallery, 5 Alverton Street, Penzance, Cornwall TR18 2QW, (telephone 01736 351668, email email@example.com)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods:
Ordered on [date]
Received on [date]
Name of Customer:
Address of Customer:
Signature of Customer (s) (only if this form is notified on paper)
[*] Delete as appropriate.