1. ACCEPTANCE OF ORDER
It is your responsibility to check all the details and aspects of your order are correct on collection or receipt. If for any reason you are not happy with your order, let us know within 14 days.
2. ORDER COLLECTION
Once you’re notified your order is ready for collection, you should collect within 14 days.
Home delivery can take up to four weeks from order, we will arrange a suitable date with you as soon as your artwork is ready for dispatch. Please visit Castle Fine Art website for the most up-to-date information on the delivery and collection of your artwork.
If for any reason you’ve had a change of heart, let us know within 14 days of receipt of the artwork for a full refund. After 14 days, customer credit may be offered.
5. HOME DELIVERY RETURNS
Although we check every piece of art before it is dispatched, there are rare occurrences of art being damaged whilst in transit. If your piece of art has been damaged whilst being couriered, please contact us to organise return of the item. The piece will need to be wrapped in as much of the original packaging as possible, placed back into the external packaging and sealed for us to collect, or you can return it to a local gallery.
For our full terms and conditions, please see below.
Castle Fine Art Head Office
Washington Green Fine Art
Level 2, The Mailbox, Wharfside
Managing Director: Ian Weatherby-Blythe
0121 616 0645 | firstname.lastname@example.org
Registered company number: 06910082
Vat Number: 974998237
Once you've entered your details to join our mailing list, you'll receive the voucher code in our welcome email.
Terms and conditions: discount is only valid on transactions made online at castlefineart.com with a minimum spend of £495 or more. Not valid in conjunction with any other offer. One discount per customer, per transaction. No cash alternative. Castle Fine Art reserves the right to amend or cancel this promotion at any time. Manager's discretion is final.
Once you've entered your details on the United States of America version of our website, to join our mailing list, you'll receive the voucher code in our welcome email.
Once you've entered your details on the United States of America version of our website, to join our mailing list, you'll receive the voucher code in our welcome email.
1. TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
1.2 Buyer/You means the person to whom the Company is selling the Goods or providing the Services
1.3 Company means WASHINGTON GREEN RETAIL LIMITED (a private company registered in England with limited liability under registered number 06910082) whose registered office is at 11 Spitfire Road, Birmingham, B24 9PR
1.4 Conditions means the terms and conditions of sale set out in this document
1.5 Contract means the contract for the sale of the Goods to the Buyer subject to the Conditions
1.6 Goods mean painting, picture or print or any other goods which the Company is selling to the Buyer in accordance with the Conditions
1.7 Services mean framing or restoration work requested by the Buyer to any of his paintings, pictures or prints 1.8 The headings in these Conditions are for convenience only and shall not affect their interpretation
2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.. BASIS OF THE SALE:
2.1 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. 2.2 These terms shall become binding on you and us when:
2.2.1 We issue you with a sales invoice; or
2.2.2 We notify you that the goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for and you have been notified that your artwork is available for collection from the gallery or for delivery to you.
2.2.3 Please quote the sales invoice number (where applicable) in all subsequent correspondence with us relating to the order.
2.3 We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.4 No other agreement, representation, statement or promise of any kind shall form part of, alter, vary, supersede or operate as a waiver of these Conditions or any of them unless expressly made or accepted by a director of the company in writing.
2.5 The Buyer shall not be entitled to rely on any typographical, clerical or other error or omission in any sales literature, brochure, leaflet or price-list in relation to any goods offered for sale at the Gallery. Any such error or omission shall be subject to correction without any liability on the part of the company. Please check that the details in the terms or on the order (where applicable) are complete and accurate before you commit yourself to the contract. If you think that there is an omission or a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. When you are ordering goods from us, please ensure that you read and understand these terms before you submit your order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.2.
3 THE GOODS
3.1 In accordance with your statutory rights, on delivery or the date upon which we notify you that the goods are ready for collection, as the case may be, the goods shall:
3.1.1 Conform with these terms;
3.1.2 Conform in all material respects with their description and which match any sample or model seen or examined by you, subject to any qualification or representation contained in the relevant brochures, advertisements or other documentation;
3.1.3 Be of satisfactory quality;
3.1.4 Be fit for purpose for use as indoor display artwork;
3.1.5 Comply with all applicable statutory and regulatory requirements relating to the selling of such goods in the United Kingdom.
3.2 For further advice about your statutory rights, including those set out in clause please contact your local citizens’ advice bureau or trading standards office.
3.3 If you are returning goods to us pursuant to your statutory rights, please take note of the return’s procedure at clause 5 below.
3.4 These terms apply to any repaired or replacement goods we may supply to you pursuant to your statutory rights.
3.5 It is your responsibility to examine your goods carefully for any damage and to contact us as swiftly as possible should any defects be identified on delivery, in order that we can take the necessary steps to repair, replace, or if necessary, refund the goods. We therefore request that upon receipt of your goods you remove all packaging and inspect the goods closely to ensure that they are in good condition. Should you be less than satisfied with the quality or condition of the goods or any aspect of the frame (if applicable), you should advise us no later than 14 working days after taking possession of the goods. Any delay to you notifying us might impact upon our ability to rectify the issue for you. This clause 3.5 does not affect your statutory rights.
3.6 items displayed on our website or imagery of artwork provided to you may appear different in person than on an electronic screen or device. For this reason, we recommend where possible that if you are seeking a precise colour, finish or size of artwork that you should endeavour to view your artwork in person. We cannot be held liable for the precise colour, finish or other variables that may be due to differences caused by different devices.
4.1 You may collect the goods from us at one of our gallery locations by prior arrangement or, if specified at the point of order, we will arrange delivery of the goods to you. There may be an additional charge for home delivery.
4.2 Delivery of the order will be completed when either we or our delivery agents deliver the goods to you, or we make the goods available for collection by you.
4.3 We will take reasonable steps to meet any estimated delivery or collection date specified in the order or otherwise agreed by us in writing. However, occasionally this date may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new estimated date with you.
4.4 We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
4.5 If you fail to take delivery of the goods within fourteen calendar days of the date on which we notify you that the goods are ready then, except where this failure is caused by our failure to comply with these terms or by an event beyond your control:
4.5.1 We will store the goods until delivery takes place and reserve the right to charge you a reasonable sum (currently £5 a day), to cover storage costs thereafter such as expenses and insurance; and
4.5.2 We shall have no liability to you for late delivery.
4.6 If you have not taken delivery of the goods within fourteen calendar days of our notifying you that they are ready or whereby artwork has been reserved on an exclusive basis for a period over fourteen days, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, credit the balance to a client account held by us or charge you for any shortfall that may occur.
4.7 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.1 If you are returning the goods to us in accordance with your statutory rights, and you are not making a claim under the warranty at clause 9, please let us know as soon as possible after delivery or collection by contacting your sales by consultant.
5.2 We will ask you to return the goods to us or (at our option) arrange return postage on your behalf or collection and once we have checked that the goods are damaged, faulty or defective or otherwise do not conform with these terms, we will either (at your option):
5.2.1 Repair the goods; or
5.2.2 Replace the goods; or
5.2.3 Provide you with a refund.
5.3 Goods will not be accepted for return unless we are reasonably satisfied that they are damaged, faulty or defective or otherwise do not confirm with these terms.
5.4 Goods to be returned by you to us must clearly show the order number on the packaging.
5.5 You are responsible for arranging and paying for the return of the goods to us under this clause 5, but you may be able to reclaim these costs from us in the case of online orders. You accept the risk in the goods during shipping the goods back to us, where you have arranged the return of the goods to us.
5.6 Where we have either arranged return shipping on your behalf or collection, we will accept the risk in the goods during shipping the goods back to us.
6.1 If you are contracting as a consumer and your order is not taken in person at our business premises, you may cancel your contract to purchase the goods at any time within 14 days, beginning on the day after you receive the goods. This right of cancellation does not, however, apply in the case of bespoke goods made or commissioned to your specific order. To cancel a contract, you just need to let us know that you have decided to cancel. You can contact the gallery you purchased from in person, by telephone or by email. If you are e-mailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
6.2 If you cancel your contract, we will:
6.2.1 Refund you the price you paid for the goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a retail outlet;
6.2.2 Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
6.2.3 Make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
220.127.116.11 If you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.
18.104.22.168 If you have not received the goods or you have received them, and we have offered to collect them from you: 14 days after you inform us of your decision to cancel the contract.
6.3 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product, we may refund you in vouchers.
6.4 If goods have been delivered to you before you decide to cancel your contract:
6.4.1 Then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You can either send them back, return them to us in-store or hand them to our authorised carrier. If we have offered to collect the goods from you, we will collect the goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
6.4.2 Unless you are returning the goods to us pursuant to your statutory rights or you are returning the goods to us under the warranty at clause 4 (in this case, see clause 4 or clause 6 as applicable), you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the product from you, we will charge you the direct cost to us of collection.
6.5 Apart from the special circumstances described above, you may only cancel your order with our agreement. Any deposit held will be used to defray our initial costs and expenses of fulfilment and any remaining deposit (or part of it) will be retained by us to be used as a credit against the purchase of other goods for the same or higher price. In the case of goods which we are unlikely to be able to use or sell elsewhere, we may, if we have agreed to a cancellation, also deduct the value of these items from your deposit and ask you to pay any additional amount if their value is more than the amount of your deposit.
6.6 Advice about your legal right to cancel the contract is available from your local citizen’s advice bureau or trading standards office.
7 PRICE AND PAYMENT:
7.1 The price of the Goods is inclusive of Value Added Tax where applicable:
7.2 The Price of the Goods must be paid by the Buyer in cash or by a means approved by the Company.
7.3 If the Goods are not collected by the Buyer within 14 days of notification of availability, or any property of the Buyer to which services were requested by the Buyer has not been collected by the Buyer within 14 days of completion of Services, the Company may: -
7.3.1 Forfeit any deposit paid by the Buyer.
7.3.2 Resell the Goods or where applicable sell or otherwise dispose of any other such property of the Buyer for the Company’s sole benefit without liability to the Buyer.
7.3.3 We are not responsible for the collection, remittance and/or payment of any taxes, charges, levies, assessments or other fees of any kind imposed by any governmental or other authority in respect of the purchase, importation, sale or distribution of the goods and these are and will remain your responsibility.
7.3.4 items delivered to destinations outside the UK may be subject to taxes, fees, customs duty, levies, or other charges as a result of local legislation or customs formalities. These will be due before your items will be delivered.
7.3.5 The recipient of your order is responsible for all customs formalities for the import of the items and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies, and other charges that may be levied outside the UK. The recipient of the items, not the person placing the order, will typically receive a separate request for payment of these charges when the goods arrive in the country of destination. If you’re ordering items to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges
7.3.6 To comply with anti-money laundering and counterterrorist financing requirements, we are likely to ask you for proof of your identity and may conduct searches or enquiries for this purpose for such regulated sales. We may also be required to identify and verify other persons, such as directors or beneficial owners. If information of this nature is not provided, this could delay your order
7.3.7 Where we ask for sight of documents to prove identity and to enable us to verify it, we will specify which documents we require such as a passport or photocard driving licence.
7.3.8 You agree we may make checks using online electronic verification systems or other databases as we may decide.
7.3.9 We will not usually charge you for undertaking identification and verification checks, but we reserve the right to do so where the checks are likely to be significantly more time consuming than we would usually expect. We shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, or reasonable belief we may have, to report matters to the relevant authorities under the provisions of the money laundering and/or terrorist financing legislation.
8 RISK AND TITLE:
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
8.1.1 The goods will be your responsibility from the first available point for delivery or from when you are notified that the artwork is available for collection from the gallery (and the artwork is fully paid for)
8.1.2 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges, and delivery being available to be completed.
8.1.3 We will instruct finance payments to commence fourteen calendar days after we have notified you that your goods are available.
8.2 the property in the Goods shall not pass to the Buyer until the Company has received payment in full of the price of the Goods in cash or cleared funds.
8.3 Until such time as property in the Goods passes to the Buyer the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the goods separate from any other artwork or items of a similar nature of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property.
8.4 Until such time as property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company or (at the Company’s option) the Company shall be entitled (and the Buyer hereby irrevocably authorises the Company) to enter upon any address or premises of the Buyer where the Goods are located and repossess the Goods.
9 Where goods are stored on Company Premises after title has passed to the Buyer as the result of a sale or where Goods are on the Company’s or its agents’ premises for the purpose of repair, valuation, framing, storage or any other service provided by the Company, the Company’s liability shall in any event be limited to the original purchase price paid for the Goods by the Buyer, whether to the Company or a third party.5. WARRANTIES AND LIABILITY:
9.1 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods must be notified to the Company in writing within 14 days from the date of delivery or the date upon which you are notified to collect. If the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no further liability of any nature whatsoever for such defect.
9.2 Wherever any valid claim in respect of any of the Goods which is based on any defect in their quality or condition is notified to the Company in accordance with these Conditions the Company shall against return of the Goods in their original condition refund to the Buyer the price of the Goods but the Company shall have no further liability of any nature whatsoever to the Buyer.
9.3 The sale of Goods does not include the copyright or other intellectual property right in the Goods and the Buyer acknowledges the moral rights of the artist. The Buyer shall not reproduce or permit reproduction of the Goods.
9.4 The Company shall not be liable to the Buyer by reason of any representation (whether given orally or in writing) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract or in any manner whatsoever for any consequential loss or damage (and in particular but without prejudice to the generality of the foregoing) the Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission including negligence or any breach of contract or statutory duty which may arise out of or in connection with the purchase of the Goods by the Buyer (and whether caused by the negligence of the Company or its employees or agents or otherwise) save as may be expressly provided in these Conditions.
9.5 Any refund of any monies by the Company to the Buyer shall not under any circumstances be deemed to be an admission of any liability on the part of the Company to the Buyer (or to any third party) and shall be without prejudice to the rights of the Company which the Company hereby reserves in full.
9.6 All liabilities of the Company to the Buyer determined by a court of law as not having been excluded hereunder shall be limited in total to the total price of the Goods as shown on the Company’s invoice.
10.1 If the Company agrees to carry out Services then the provisions of these Conditions shall apply to such Services with the necessary changes save to the extent that this condition conflicts with such Conditions in which case the provisions of this condition shall prevail. Conditions 5.4 and 5.5 shall apply in relation to the Company’s liability to the Buyer for carrying out the Services save that Condition 5.5 shall not operate to exclude liability for damage to the Buyer’s property whilst in the possession of the Company for the purpose of Services due to the negligence of the Company. To the extent that any liability of the Company to the Buyer for any loss of the Buyer arising in connection with the Services is not effectively excluded then such liability shall be limited in total to five times the price payable by the Buyer for the Services.
10.2 The Company may sub-contract the Services in whole or in part and in doing so shall be deemed to act as the agent of the Buyer.
11.1 If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.
11.2 The waiver or forbearance or failure of the Company in insisting in any one or more instances upon the performance of any provisions of these Conditions shall not be construed as a waiver or relinquishment of the Company’s rights to future performance of such provisions and the Buyer’s obligations in respect of future performance shall continue in full force and effect.
11.3 Unless the content otherwise requires word importing the singular number shall include the plural and vice versa and words importing any particular gender shall include all other genders.
11.4 If the Goods are purchased for export from the United Kingdom the Company shall be entitled to impose such other terms and conditions as it shall require.
11.5 The Contracts shall be governed by the laws of England and the Company and Buyer hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
12 EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (force majeure event).
12.2 A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: 12.2.1 Strikes, lockouts or other industrial action; or
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
12.2.5 Impossibility of the use of public or private telecommunications networks.
12.3 Our obligations under these terms are suspended for the period that the force majeure event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the force majeure event to a close or to find a solution by which our obligations under these terms can be performed despite the force majeure event.
13 ASSIGNMENT You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
14.1 If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver, and we tell you so in writing.
14.3 A person who is not party to these terms shall not have any rights under or in connection with them under the contracts (rights of third parties) act 1999.
14.4 These terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
15 INTELLECTUAL PROPERTY AND RIGHTS OF USE You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
In accordance with Government regulations under the Money Laundering and Terrorist Financing Regulations (2019), we are required, in certain circumstances, to carry out administrative checks before completing a sale transaction. Consequently, we may require copies of suitable identification documents from you and, in some cases, additional information to allow us to comply with the regulations. You will be advised when such information and documents are required. Any such information will be held by us in strictest confidence and in accordance with Data Protection regulations.
If you are unable to provide the documents or information that we request, we may not be able to complete your transaction. For online transactions where a payment has already been made, if you are unable to provide the necessary information within the requested timeframe, we may have to cancel the transaction and provide a refund of monies already paid.
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© Copyright Washington Green Retail Limited trading as Castle Fine Art. First published 2012, last updated 2024. Washington Green Retail Limited acts as a credit broker and offers credit products from Secure Trust Bank PLC trading as V12 Retail Finance.
Washington Green Retail Limited is authorised and regulated by the Financial Conduct Authority. Our registration number is 726395. Credit provided subject to age and status. Terms & Conditions Privacy Cookies