Terms of service

1) General Terms and Conditions

The contract shall be governed by the Laws of England.

These terms shall form the basis of the contract between the seller and the buyer in relation to the sale of goods and/or services, to the exclusion of all other terms and conditions including the buyers standard conditions of purchase, or any conditions which the buyer may purport to apply under any purchase or confirmation of order or any other document.

All goods and/or services shall be deemed to be an offer by the buyer to purchase goods and/or services from the seller pursuant to these terms.

Acceptance of delivery of the goods or commencement of the services shall be deemed to be conclusive evidence of acceptance of our terms and conditions.

These terms represent the whole of the agreement between the seller and the buyer. They supersede any conditions previously issued.

These terms apply to all orders for goods and services, including those placed online via our websites. For additional bespoke framing specific terms please see section 2.

1.1) Prices

All prices are displayed and quoted in pounds sterling.

Quotes are valid for 30 days.

1.2) Cancellations/Returns

Our cancellations policy is as per the Consumer Contracts Regulations act 2013.

Once an order for made to measure goods (tailor-made) has started to be manufactured it cannot be changed or cancelled for any reason whatsoever.

Made to measure goods we supply include, but are not limited to, picture frames, mounts, boards and glass.

Made to measure goods cannot be returned for a refund unless they are unfit for purpose or not as described.

We can only accept returned goods by prior arrangement. Returned stock lines will be subject to a minimum restocking charge of 20% of the current price.

1.3) Order Processing Timescales

If you need your order urgently please discuss this at the time you place your order, and we will do everything possible to meet your requirements.

Order processing timescales are defined as the time between your order being placed and the date on which we contact you to confirm that the work is complete and ready for collection.

The order processing time varies depending on the size of your order, the materials required and general demand. Timescales are not guaranteed, but we always endeavour to process your order as quickly as possible.

1.4) Timescales

Whilst every effort will be made to meet the estimated timescales for a given order, timescales are not guaranteed and we accept no liability or consequential loss for delays to your order.

Please note that delayed completion shall not be grounds for rejecting goods or terminating the contract.

1.5) Liability

You acknowledge and agree that we are only willing to provide our products and framing services if you agree that our liability is limited.

We will not, under any circumstances be liable for any consequential loss as a result of the incorrect supply, late delivery, accidental misrepresentation or any other reason whatsoever whether avoidable or not.

We have worked hard to ensure our website and specifications are up to date, however the risk of error remains; where we do identify a mistake, or it is brought to our attention we will rectify it as soon as possible.

Colours of frames, mouldings and mounts viewed via our website may appear different shades on different monitors, tablets, phones and laptops. Please note that you can confirm colours in person in the gallery.

1.6) Payment 

All orders must be paid for in full before they can be collected.

1.7) Title and Risk

Risk shall pass on collection from our premises.

Notwithstanding the earlier passing of risk, title in the goods shall remain with the seller and shall not pass to the buyer until the amount due has been paid in full.

1.8) Collection

We ask that completed orders are collected within 2 months.

Upon collection the buyer shall inspect and examine the goods/services supplied.

Collection by the buyer shall be deemed to be acceptance that they are satisfactory and meet expectations.


1.9) Uncollected Orders

1.9.1) Storage of Uncollected Orders

We would appreciate it if you could collect your completed order once it is ready since we have limited storage space.

1.9.2) Disposing of Uncollected Framed Artwork

If framed artworks remain uncollected, after 2 months, we will contact you (via the telephone number or email address provided at the time of order) in order to:

  • Remind you that the order needs to be collected.
  • Confirm any outstanding balance.
  • Notify that if not collected within a further 10 months we reserve the right to dispose of or sell your artwork to create space and recover monies owed to us.

We will attempt one more reminder after a further 4 months.

If disposing of the artwork raises any funds, from those funds we will take the money owed to us, any remaining funds will be proper to you (the customer).

1.10) Force Majeure

We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.

If a force majeure event prevents the company from being able to provide its goods and services, we reserve the right to cancel the contract immediately by giving notice to the buyer.

1.11) Data Protection

We will only use the information we collect about you lawfully (in accordance with the Data Protection Act 1998) and in accordance with our GDPR policies (copies of which are available on request).

1.12) Limitation of Liability

For our liability regarding bespoke framing, please see section 2.

Nothing in these conditionals shall limit or exclude the seller's liability for:

  • Death or personal injury caused by its negligence, or the negligence of its employees or sub-contractors.
  • Fraud or fraudulent misrepresentation.
  • Breach of terms implied by section 2 of the Supply of Goods and Services Act 1982.
  • Breach of the terms implied by section 12 of the Sale of Goods Act 1979.
  • Defective products under the Consumer Protection Act 1987.

 

2) Bespoke Framing Services - Terms and Conditions

We treat all items brought to us for framing with great care and respect at all times and while scenarios of damage and loss are extremely unlikely, our artwork care guarantee offers limited remedy for damage to/loss of your artwork/items left in our care for framing.

2.1) Mailing in of Artwork

You should not send artwork/items for bespoke framing to us without our prior agreement.

You should ensure you package your artwork sufficiently and send via a signed for courier.

You are responsible for insuring it in transit.

You use our framing service at your own risk, and we advise that you should only send items of nominal monetary value.

Items that are irreplaceable and/or of sentimental value should not be sent to us via mail/courier and should be brought to us in person.

All items must be collected in person.

2.2) Stretching Canvas

Canvas must be stretched onto wooden bars; when stretching a canvas, there is a risk that the paint surface may crack.

For quality paints and canvas the risk is very low indeed however, for thin, lower quality canvas or fabrics, there is a risk of cracking.

To stretch a canvas/fabric onto a wooden stretcher frame, the framer will have to apply pressure to literally stretch the artwork onto the stretcher frame.

Please note that we will not be held liable for any such cracking of the paints surface that results from professional stretching.

2.3) Dry/Cold Mounting

Due to many factors in the mounting process the possibility exists that artwork, prints or substrates may be damaged during the process.

While issues are rare, they can happen; a print may become wrinkled, bubble or show an orange peel effect.

Dry and cold mounting is not a reversible process and is not without risk, we do not recommend it is used on items that are one-offs or cannot be easily reprinted or replaced.

We will take every precaution in handling your artwork; however, we will not be held responsible for loss or damage that could occur as a result of a permanent mounting process.

We will not be held liable for any consequential loss or damage or otherwise to artwork, prints, posters or other items left for permanent mounting.

3) Artwork Care Cover - Terms and Conditions

As professional framers aiming to offer the highest standards of bespoke framing, we are proud to offer our customers a level of assurance beyond that offered by the vast majority of picture framers.

We understand that items brought for framing sometimes are of a nominal monetary value but great sentimental value, please be assured that we treat every single item with the same amount of care and respect irrespective of its financial value.

While scenarios of damage and loss are extremely unlikely, our artwork care cover offers limited remedy for damage to/loss of your artwork/items left in our care for framing.

IMPORTANT: Only items and artworks meeting our conditions will qualify to be covered by our Artwork Care Cover.

If in doubt, you should ensure that important items brought for framing are fully covered by your own insurance company, that insurance should include fire, theft, accidental damage AND process cover.

3.1) Limited Remedy for Damage to/Loss of your Artwork

If we were to lose, part damage or damage your artwork whilst it is in our care, our liability and remedy shall be limited in line with these terms and conditions, please read them carefully.

  1. Stated value - Should the need to claim arise, proof of the items value will be required by us, such as purchase receipt or professional valuation. Under no circumstances will we pay-out more than the items recorded value.
  2. The maximum stated value we will reimburse is £2500. If your item is worth more than £2500, you should ensure your item is fully covered by your own insurance while it is left with us.
  3. Remedy in the case of damage or total loss:
    • You agree that in the case of damage or loss, our total liability is limited to the stated value of the item recorded at the point the order is placed.
    • If restoration is a viable option, we will try to source a suitable restorer and will fund restoration up to the value £250 (where the item is below £250) or up to the items stated value (to a maximum of £2500). If restoration is not an option due to the nature of the item/damage, we will make a payment to you up to the stated value.
    • In the case of total loss, we will pay out up to the items stated value only once we have satisfactory proof to substantiate the stated value, i.e. receipt and/or a professional valuation.
    • The items condition at the time it was brought for framing will affect is valuation. If your item had any damage or issues when initially brought to us, the valuation may be reduced.

In the unlikely event of damage or total loss we will seek remedy, the remedy will very much depend on the item and the exact situation.

If we pay out the full amount for an item, we will then own it and the right to take possession of it.

3.2) Qualifying Conditions

The framing must meet the following qualifying conditions to benefit from the Artwork Care Cover:

  • Must be brought to us in person not sent via mail order.
  • The item is valued at no more than £2500. For items valued over £2500 you should ensure that you are covered by your own insurance.

4) Terms of Website Use

These terms and conditions regulate the business relationship between you and us.

By using Our Web Site in any way, or by buying from us, you agree to be bound by them.

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No person under the age of 18 years may purchase Goods.

We are: Seagull Gallery
12 John Street
Filey
North Yorkshire
YO14 9DQ

You are: visitor to Our Web Site / our customer

4.1 Definitions

In this agreement:

“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.

“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.

“Goods” means any of the Goods we offer for sale on our web site

“Content” means information in any form published on Our Web Site by us or any third party with our consent.

4.2 Our contract with you

2.1 These terms and conditions apply:

2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and

2.1.2 in any event to you as a buyer or prospective buyer of our Goods.

2.2 Goods advertised may not be available.

2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and details of how to arrange payment. Once payment has been made, then our contract is made. It is possible that the price may have increased from that posted on our web site.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.

2.5 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

2.6 If the Goods you order are not available, we will notify you prior to arranging payment. If this happens you may:

2.6.1 accept the alternatives we offer;

2.6.2 cancel your order;

2.6.3 leave the order valid, but tell us to omit the out-of-stock item.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

2.8 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.

4.3 Price and Payment

3.1 You must pay us the full price of your order before we will send any part of it.

3.2 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.

3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4.4 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, and providing that it falls within our Business Terms and Conditions.

4.3 Should you supply us with your email address, you agree to receive periodic email marketing. You may unsubscribe from these emails at any time.

4.5 Delivery

5.1 Where delivery has been arranged, deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.

4.6 Orders from outside the UK and Ireland

6.1 We will not arrange delivery to countries outside the UK.

4.7 Returns and refunds

Because you are buying the Goods by mail order, 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 within 14 days of your receipt of the Goods

7.3 In any event, you may not cancel orders for artworks commissioned by an artist.

7.4 The Goods must be returned to us 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 our delivery slip;

7.4.4 at your risk and cost.

7.5 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;

7.6 If you do not return the Goods to us, 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.

4.8 Disclaimers

8.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.

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 Web Site;

8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;

8.3.4 compatibility of Our Web Site 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 Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

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 Web Site 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.

4.9 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. We will strongly protect its rights.

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 that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

4.10 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 Installation;

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 Web Site, or any software used on Our Web Site, 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 Web Site;

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.

4.11 Indemnity

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 Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

4.12 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.

4.13 Rights of third parties

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

4.14 Severability

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.

4.15 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.

4.16 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.

4.17 Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

4.18 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.