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RETURNS & DELIVERY

Terms and conditions of sale:

These terms and conditions apply to any order you place through www.atlasgallery.com (“our Website”). Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

About ATLAS:

We are Atlas Gallery, a company registered in England and Wales. Our VAT number is 648973379, our EORI number is GB648973379000 and our registered office is at 49 Dorset Street, London, W1U 7NF.

Order process:

To place an order with us online, please do so via our guest checkout. You will be required to provide some compulsory personal information (including a valid email address) so that we can fulfil your order. You confirm that all information provided by you to us is true, accurate and up to date.

Please see our Privacy Policy for further details on how we use your personal information.

Our Website will provide you with instructions on the process for ordering products. Your order is deemed to be placed when you press the “confirm order” button at the end of the checkout process.

We will email you to acknowledge receipt of your order, but this does not confirm acceptance of your order. Our acceptance of your order will take place when we despatch the products.

Prior to despatch of the products, we may decline your order for any reason (including stock availability), our inability to obtain authorisation for your payment, a pricing or product description error or any other circumstances. If we decline your order for any reason, we will inform you of this in writing and will not charge you for the products. If we have taken payment prior to declining your order, we will provide a full refund.

We will assign an order number to your order and tell you what it is when we acknowledge your order. It will help us if you can tell us the order number whenever you contact us about your order.

Price and payment:

The price of the product will be the price in pounds Sterling indicated on the order page when you place your order. We take reasonable care to ensure that the price of the product advised to you is correct. However, we may decline your order prior to dispatch of the products if we discover an error in the price of the products you order. If we have taken payment prior to declining your order, we will provide a full refund.

The prices displayed on our product pages do not include value added tax or the cost of delivery. These additional charges are calculated and applied at the checkout. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. You will have to pay our delivery charges as quoted in the Website at the time we accept your order. The amount of these charges varies according to the country of the delivery address you specify in your order.

Please note that 20% VAT will apply to photographs and framed prints if the product is to remain within the UK. This VAT does not apply to books, portfolios or the book and print sets that we offer. If you order products from our site for delivery outside the UK, the 20% VAT will not apply but they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

We accept payment with most major credit and debit cards. You must pay for the products before we dispatch them. Payment is taken by our preferred electronic payment provider, Stripe, at the time we accept your order. The credit and debit cards we accept are listed in the Website at the time you place your order. Refunds will generally be made by means of a credit to your electronic payment account.

Our products:

We take reasonable care to ensure our products are accurately described on our Website. However, please note that errors are sometimes made and whilst we try to display the colours of our products accurately, the colours you see may depend on the computer or device on which you are viewing our Website and may not accurately reflect the colour of the product on delivery.

The description and specification of products in the Website is only approximate and we reserve the right to make changes that do not materially affect the quality or performance of those products.

We may correct any error appearing in the Website or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice. The price of the products will be the price quoted in the Website at the time we accept your order.

Shipping (Updated re: COVID-19 restrictions):

We ship orders via Time Definite Logistics who use the third party shipping company UPS. Although not guaranteed, UK orders tend to take around 2-3 working days to arrive from the date of shipment, while international orders require around 3-5 working days. We will email you on the dispatch date, so you know when your order has left our premises and is on its way. If you require a special delivery method, please contact us at the gallery before your purchase and we will endeavour to meet your requirements.

Some products may be shipped the next day, whereas some products may need to be produced, framed and shipped before they reach you. Please allow for 3 – 6 weeks from the date of order for the delivery of these items. If your product will take 3 – 6 weeks, it will say so in the full item description.

If we encounter any significant delays in sending your order out to you, we will contact you by email. At this point, you reserve the right to cancel your order, if subsequently inconvenient.

Due to the nature of our business, we receive substantial amounts of deliveries and subsequent packing materials. In light of suspending the lifespan of these materials and reducing unnecessary usage of materials in general, when sending out orders we tend to re-use bubble wrap which we have previously received within deliveries. We urge customers to re-use this if possible. However, it can easily be recycled at any ‘film plastic’ recycling point which are generally located at supermarkets and chemists.

We operate as a very small team here at the gallery. At particularly busy times of year (Christmas, exhibition openings etc.), please allow a few extra days for your order to be fulfilled.

Delivery:

The delivery charges and estimated timescales for delivery will be displayed on our Website and will be set out in your order acknowledgement. We will send you an email confirming when your order has been dispatched.

Any timescales for delivery will be estimates only. If our delivery of your order is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays in delivering your order, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Some orders may require a signature to acknowledge delivery. If no one is available at the address to sign for the delivery, we will either leave a note or send you an email informing you of how to rearrange delivery or collect the products from a local depot.

If your order does not require a signature to acknowledge delivery and no one is available at the address at the time of delivery (and the product will not fit through your letterbox), we will either leave a note or send you an email informing you whether your order has been left in a safe place at the address, with a neighbour or returned to a local depot. If your order has been returned to a local depot, we will let you know how to rearrange delivery or collect the products from the depot.

If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end our contract with you pursuant to these Terms and Conditions of Sale.

We may cancel our contract with you if you do not, within a reasonable time, provide us with information that is necessary for us to provide the products or allow us to deliver the products to you or collect them a local depot.

The products will be your responsibility, and the risk of loss and/or damage to the products will pass to you when they are delivered to the address specified in your order.

Damaged or incorrectly supplied products:

You should check your products upon delivery. If the products you have received are damaged or incorrectly supplied you should inform us by letter, by email or by using the returns form on our Website and you should return the products to us as soon as possible following delivery. Please see below for details of how to return products to us.

If you wish to make a change to your order before it is dispatched, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the products, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Your statutory right to cancel:

If you are contracting with us via our Website and you are acting as a consumer, you have the right to cancel (under the Consumer Contracts ‘Information, Cancellation and Additional Charges’ Regulations 2013) all or part of your contract with us at any time up to 14 days after the day on which you receive the products you ordered. To exercise this right, you must inform us of your decision to cancel in writing within this 14 day period and you must return the products to us in saleable condition at your own cost without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us.

Please see below for details of how to return products to us.

This statutory right to cancel does not apply to products which have been customised to your order (for example, private commissions).

Other statutory rights:

In addition to your statutory right to cancel, you may also have other statutory rights, these include that the products we supply to you are of satisfactory quality, fit for purpose and as described. Within 30 days of delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After this 30 day period you may in certain circumstances be entitled to a repair or replacement or, where that is not possible, a refund.

If you believe a product you have received is not of satisfactory quality, fit for purpose or as described, you should inform us by letter or by email.

For further information about your statutory rights please contact your local Trading Standards Department or Citizens Advice (www.citizensadvice.org.uk/).

Returning products purchased via our website:

If you have placed an order via our Website and you are entitled to cancel your order and return the products to us, please let us know by doing the following:

Email us at info@atlasgallery.com. Please provide your name, home address, details of the order (including order number, where applicable) and, where available, your phone number and email address.

Where you cancel your contract with us or discover a problem with the products, you must return the products to us by recorded delivery to 49 Dorset Street, London, W1U 7NF as soon as possible. If you are a consumer exercising your statutory right to cancel, you must return the products to us within 14 days of telling us you wish to end the contract.

When returning the products to us you must enclose a letter with the products detailing what you bought, when you ordered or received it, your name and address, the reason for the return and (where applicable) your order number.

We will pay the costs of return if the products are faulty or mis-described, or if you are ending the contract because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.

If you are entitled to a refund we will make the refund onto the card you used to make the purchase as soon as possible, subject to the requirements of our payment card processing provider.

Limitation of liability:

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. However we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. In most circumstances, our liability to you for our products will be limited to the price paid by you for those products.

We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions of Sale by anything you, or anyone acting on your behalf, does or fails to do or due to events which are beyond our reasonable control.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your statutory rights in relation to the products including the right to receive products which are of satisfactory quality, fit for purpose and as described.

We will not be liable for any business losses including without limitation loss of data, loss of profits, loss of revenues or business interruption.

OTHER IMPORTANT TERMS:

Assignment: We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Severability: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Waiver: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Jurisdiction and applicable law: If you are a consumer, these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Variations: Any changes we may make to these Terms and Conditions of Sale in the future will be posted on this page and, where we consider necessary, notified to you by e-mail. You are expected to check this page before you place an order to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions of Sale may also be superseded by provisions or notices published elsewhere on our Website.

Last updated: 30 April 2021

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Atlas Gallery offer a free consultancy service for private collectors, companies and institutions, looking to add photography to their art collections and investment portfolios. Ben Burdett, founder and director of the gallery with more than 30 years experience in the art business, and the Atlas team of experienced professionals advise clients and corporate collections throughout the world on all aspects of acquisitions and collection management in the fields of both photography and contemporary art. Call today to arrange an appointment.

+44 (0)20 7224 4192

Ben Burdett founder Atlas Gallery - fine art photography expert