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Refun Policy
1. DEFINITION
- Buyer means the person who buys or agrees to buy a Poster
or Posters from the Gallery;
- Conditions means the terms and conditions of sale set out below and any
special terms and conditions agreed in writing by the Gallery;
- Poster(s) means the vintage posters which the Gallery is prepared to
offer for sale from time to time and which are included in the Catalogue;
- Quotation means the price for Poster(s) together with VAT and the cost
of packaging, insurance and delivery;
- Gallery means The Reel Poster Gallery of
72 Westbourne Grove, London W2 5SH;
- Catalogue means the catalogue of the Gallery's Posters accessible on
the Gallery's Website or available in hard copy from the Gallery;
- Website means the X-rated Collection's internet website located at http://www.xratedcollection.com
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2. CONDITIONS APPLICABLE
2.1 All Contracts for the sale of Poster(s) are subject to the following
express Conditions. No addition to or variation of these Conditions shall apply
unless expressly agreed in writing by a duly authorised representative of the
Gallery.
2.2 Acceptance of the Gallery's Quotation shall be deemed conclusive evidence
of the Buyer's acceptance of these Conditions
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3. PRICE AND PAYMENT
3.1 The prices of Posters are available from the Gallery by requesting
a Quotation from the Website section marked "Quotation requests"
3.2 The sale price in the Quotation is exclusive of VAT, (which shall be
due at the rate ruling on the date of the Gallery's invoice) packing, insurance
and carriage all of which shall be separately itemised on the Quotation.
3.3 On receiving a request for a Quotation the Gallery will then supply
the Quotation by the method requested (either e-mail, fax or post). Faxed and
e-mailed Quotations will be confirmed in writing.
3.4 On receiving a Quotation, if the party wishes to purchase the Poster(s)
they must confirm this to the Gallery. Quotations are open for acceptance for
a period of 28 days from date of issue.
3.5 Payment in full is due on acceptance by the Buyer of the Quotation.
The Gallery shall not be obliged to deliver the Poster(s) until payment in full
and cleared funds has been received (including VAT, packing, insurance and delivery
charges).
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4. THE POSTERS
4.1 The available Posters are described in the Catalogue which can be accessed
through the "Gallery for sale" section of the Website. The inclusion of Posters
in the Catalogue does not constitute an offer to sell.
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5. WARRANTY
5.1 Subject to clauses 5.2, 5.3 and 5.4 the Gallery warrants that the Poster(s)
will at the time of delivery correspond to the description included in the Catalogue.
Such information is given in good faith but its accuracy cannot be guaranteed.
5.2 Due to reproduction on the Website the Seller makes no warranty that
the colour of the Poster(s) as shown in the Catalogue will be the same as the
actual colour of the Poster(s) supplied.
5.3 Due to normal ageing, the Seller makes no warranty that the colour
of the Posters as shown in the Catalogue or the colour of the actual Posters
supplied is the same colour as they were when originally printed.
5.4 All Posters are believed to be original and due allowance must be made
for their age which may be reflected in minor defects. Nothing in the Conditions
or the inclusion of the Posters in the Catalogue nor the sale of any Poster should
be interpreted as granting any assignment, licence or other transfer of any intellectual
property rights in the Posters. The Gallery does not have the right and does
not purport to transfer any intellectual property rights in any Poster to the
Buyer or anybody obtaining or accessing the Catalogue. Downloading or other copying
of any Poster from the Catalogue or otherwise is strictly prohibited.
5.5 Except as expressly provided in these Conditions all conditions, warranties
or representations, express or implied, statutory or otherwise, relating to the
condition or quality of the Poster(s) are hereby excluded to the fullest extent
permitted by law.
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6. DELIVERY
6.1 Delivery of the Goods shall be made to the Buyer's delivery address.
The Gallery will use all reasonable endeavours to deliver the Poster(s) within
30 days of acceptance of a Quotation.
6.2 The Buyer shall make all arrangements necessary to take delivery of
the Posters whenever they are tendered for delivery.
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7. OPTIONS TO RETURN POSTERS
7.1 The Buyer is entitled to return the Posters and to receive a full refund
from the Gallery on returning the Posters to the Gallery within 28 days of the
actual delivery date provided the Posters have not been damaged while in the
Buyer's possession and are returned in the condition they were supplied. The
Buyer shall be liable for the cost of returning the Poster(s) to the Gallery
in London.
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8. TITLE AND RISK
8.1 Risk in the Poster(s) purchased shall pass to the Buyer on delivery
to the Buyer's delivery address.
8.2 Title to the Poster(s) purchased shall remain with the Gallery until
payment in full has been made by the Buyer.
8.3 If payment in full is not made in accordance with this Agreement within
28 days of the Quotation being accepted by the Buyer the Gallery shall be entitled
to treat the contract as cancelled and sell the Poster(s) to a third party.
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9. LIABILITY
9.1 The maximum liability of the Gallery howsoever arising from or in connection
with the sale or offer to sell Posters (whether for breach of contract, negligence,
misrepresentation or otherwise) shall not in any circumstances exceed the sums
paid for or in respect of the Poster(s) in respect of which the liability arises.
9.2 The Gallery shall not be liable for delay in or failure to perform
obligations if that delay or failure is caused by circumstances or events beyond
its reasonable control.
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10. MISCELLANEOUS
10.1 If and to the extent that any provision of this Agreement is illegal,
void or unenforceable for any reason, the remaining provisions or parts of the
relevant provision (as the case may be) shall remain in full force and effect
and this Agreement shall then be construed with such amendments as are necessary
in order to make the provision valid and enforceable to achieve so far as possible
the original intention as set out herein.
10.2 Clause headings are inserted for ease of reference only and shall
be ignored in interpreting or construing these Conditions.
10.3 These Conditions and all contracts for the sale of Posters shall be
governed and construed in accordance with the laws of England and the parties
hereto hereby submit to the non-exclusive jurisdiction of the English Courts. |
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