TERMS & CONDITIONS

Wyke House Ltd     

Registered in England No.: 13348306 and hereinafter referred to as “us”, “we” or the “Company”

 

It is important that you (the Buyer) read and understand these terms and conditions before purchasing any item from the Company. If there is any term that you do not understand, please discuss it with a member of staff of Wyke House Ltd. Only proceed with this transaction if you wish to be bound by the Company’s terms and conditions as set out below.

These terms and conditions set out all the terms of agreement other than the price between you as Buyer and us the Company as seller, in relation to the sale and purchase of the item or items identified in your order, which we refer to below as “the Item(s)”. We confirm that we either own the Item(s) or are authorised to sell them on behalf of the owner.

If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed in writing with the Company.

Unless otherwise agreed, no delay, act or failure to act by the Company in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.

 

1. Use of the website

1.1 You are provided with access to this website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these terms and conditions.

1.2 All content included on the website, including text, graphics, images, audio and video, is the property of the Company, our affiliates or other relevant third parties. By using this website, you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights.

1.3 Nothing on this website shall be construed as granting, by implication or otherwise, any license or right to use any logo, trademark or content displayed on the website without prior written permission of the Company. You must not reproduce, modify, copy, distribute or use for commercial purposes any content without written permission of at least one Company Director.

1.4 You may not use the website in any way which:

i) causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website.

ii) is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law or regulation.

iii) makes, transmits or stores electronic copies of content protected by copyright without the written permission of the Company.

1.5 You warrant that:

  • The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and

  • You will notify us immediately of any changes to the Personal Data by updating these details on your online account.

  • You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

1.6 We reserve the right to:

  • Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or

  • change the terms and conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the website.

1.7 To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

2. Contract creation and electronic contracting

2.1 The technical steps required to create the contract between you and us are:

  • You place the order for items on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website

  • We may send you an order confirmation email detailing the Item(s) you have ordered. This email does not constitute acceptance of your order

  • For Item(s) being delivered to you (as opposed to free Collection from the shop), when your Item is shipped from our shop we will send you a despatch confirmation email

  • Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Item(s) ordered unless we have notified you that we do not accept your order.

  • Items are sent directly from our shop, and your credit/debit card will be charged when your order is placed.

2.2 Non-acceptance of an order may be a result of one of the following:

  • The Item(s) you ordered being no longer available from stock

  • Our inability to obtain authorisation for your payment

  • The identification of a pricing or product description error

  • Your not meeting the eligibility to order criteria set out in the main Terms & Conditions

  • Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you

2.3 Orders including age-restricted items

  • If you are placing an order for an item that by law is age-restricted, then by clicking the order confirm button you are also confirming to us that you are of at least the legal age required to purchase the item. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third-party sources.  We reserve the right not to supply any age-restricted item where we reasonably believe that you are below the relevant minimum age. 

  • All age-restricted goods must be received by a person who is at least 18 years old at the time of delivery or Collection from the shop. We require this regardless of the relevant age limit for the age-restricted product.

  • We reserve the right to request proof of age identification from you if your order contains age-restricted goods, and we are unsure that you are at least 18 years old at the point of delivery or at the point of Collection from the shop. For the delivery or collection of all age-restricted goods, if you are asked for proof of age identification and are unable to provide us with any, we reserve the right to withhold the order delivery or Collection from the shop.

i) We reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens you will receive an email to notify you of this

ii) The contract will be concluded in English.

 

3. Cancellation

3.1 The Consumer Contracts Regulations 2013 offers you the following cancellation rights when you buy online or by phone:

  • You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.

  • Your right to return or cancel items does not apply to goods that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if goods are faulty or not as described.

  • If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.

3.2 To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address. You can cancel by email or call 07950 546906

3.3 If you decide to cancel, you should return the items to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to items to which cancellation rights apply. This does not include the cost of original delivery to you.

3.4 We may make a deduction from the reimbursement for loss in value of any items supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 10 business days after the day we receive back from you any goods supplied.

 

4. Statements about the Item(s)

4.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Item(s) constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale of the Item(s).

4.2 While we will on request explain the condition of the Item(s) at the time of the sale and provide any information about condition for which you may reasonably ask, the Company will not be responsible for any subsequent deterioration of the work, however occasioned, after the sale.

4.3 You are responsible for satisfying yourself as to any statements made by the Company or its representatives as to the matters set out in paragraphs 4.1 and 4.2 above.

 

5. Payment of purchase price and customer due diligence

5.1 For orders place on the website:

  1. You must pay the Company the full price for the Item(s) as specified at Checkout, which will include applicable VAT.

  • Full payment by credit card or debit card must be completed during the Checkout process.

    1. For orders placed in person or by phone that generate an invoice:

  • You must pay the Company the full price for the Item (s) as specified on the invoice, which will include applicable VAT.

  • Invoices are payable within 14 days of the date on the invoice.

  • Invoice payment must be made by the party whose name is on the invoice and may be made by bank transfer or such other method agreed by the Company. If we agree with you that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. In either case, payment has not been made until the Company has received cleared funds representing the full amount of the Item(s).

  • If a Buyer wishes to have another party whose name is not on the invoice pay for the Item(s), then a credit note will be issued against the original invoice and a new invoice will need to be issued to the new buyer.

  • The balance due and payable to the Company on an invoice will exclude any deposit or advance that you may already have paid.

  • If you fail to make full payment of the invoice within the relevant period, the Company may charge you interest on the amount unpaid at the rate of 2% per annum above the Bank of England base rate from the date when payment was due until payment is made in full. This is to compensate the Company for the likely loss to the Company for payment not being made when due.

  • If you fail to pay the purchase price in full within 14 days after the due date, we may assert any of our legal rights, including but not limited to a claim for the purchase price. If you have already taken delivery of the Item(s), the Company may at its discretion serve you with notice that we require you to return the Item(s) to the Company, in which case you must do so at your cost as soon as possible. If we require the return of the Item(s) to us, we may at our discretion agree revised payment terms with you or we may elect to treat the sale as cancelled, in which case the Company shall, following the return of the Item(s), refund to you any part of the purchase price that you have paid, after deduction of any sums due to the Company including but not limited to costs and interest due for late payment.

5.5 VAT is applicable on all transactions unless stated otherwise on the invoice.

5.6 Under the terms of the anti-money laundering regulation effective from 10 January 2020 we are required to conduct customer due diligence (CDD) on all sales of works of art over €10,000 before the transaction is carried out.  While therefore, we may agree such a sale in principle, we will not be able to conclude (i.e. receive funds, give up possession or transfer title) it until we have received all the necessary CDD information from you and have been able to verify it as required by the regulation.

 

6. Commission payable by the Company to third parties

6.1 All and any commissions paid by the Company to a third party will be revealed to a buyer or a seller as appropriate, as well as to an owner in the case where the Company is acting as an agent and selling a work on behalf of the owner.

6.2 If you have authorised a third party to negotiate the purchase of the Item(s) on your behalf, the Company will only pay that third party a commission if either instructed by you, or with your consent.

 

7. Collection of the Item(s) and passing of risk

7.1 Unless otherwise agreed with the Company the Item(s) may only be collected once the invoice for the Item(s) has been paid for in full.  See section 5. above.

7.2 All Item(s) collected from Wyke House that has not been paid for in full may only be collected following the issuing of an invoice for the Item(s) and following the signature by the Buyer named in the invoice of the Company’s “Artwork released on approval” form.

7.3 Following full payment of the invoice for the Item(s) you must collect the Item(s) at the Company’s premises in Dursley at a time and date that we agree with you.

7.4 From the time and date agreed for collection of the Item(s) from the Company, you will be responsible for the Item(s) and the risk of damage to it or loss of it will pass to you. You should therefore make appropriate arrangements to insure the Item(s) from the time agreed for collection of it from us.

7.5 If you wish to collect the Item(s) from a place other than the Company’s premises in Dursley, or if you wish the Company to deliver the Item(s) elsewhere, this must first be agreed in writing with the Company who will charge and invoice you for any transit costs that we incur for delivery of the Item(s).

 

8. Passing of ownership

8.1 You will only become the owner of the Item(s) when the purchase price is paid in full to the Company. If you have possession of the Item(s) before full payment has been made, you must:

  • Keep possession of it and not sell it or hand it over to any other person or dispose of any interest in it, and

  • in the case of an Item consisting of more than one object, keep those objects together, and

  • keep any identifying marks showing that the Company owns the Item(s) clearly displayed, and

  • store the Item(s) on your premises and at no cost to the Company, and

  • at the Company‘s request, and after the Company has given you reasonable notice, allow us or a third party acting on the Company‘s behalf to have access to the Item(s) in order to inspect or collect it, and

  • preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe the Item in any way and in the event that an Item(s) is stolen or damaged in any way you will be fully liable to the Company for the loss or damage of the Item(s).

 

9. Terms for trade buyers

When you do not purchase Item(s) as a consumer, if (a) you fail to pay the full purchase price of the Item(s) or to comply with the obligations set out in clause 7 above, or otherwise do or fail to do anything which may in any way imperil the Company’s ownership of the Item(s) or (b) before you make full payment of the purchase price to the Company, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver), then

9.1 the Company shall have the right to repossess the Item(s) and/or avoid a sale to you, with or without notice to you, and

9.2 at the Company’s option, we may require you either to return the Item(s) to the Company’s premises in Dursley at your cost or tell us where the Item(s) is kept and allow the Company’s officers or representatives to enter the premises where the Item(s)is kept and take the Item(s) back (it being understood that where the Item(s) consists of more than one object, this right of repossession will extend to all those objects).

 

10. Export

10.1 The Company does not provide delivery of orders, however placed, to addresses outside the United Kingdom.

10.2 If following your purchase, the Item(s) is to be exported from the United Kingdom, you must make arrangements for export of the Item(s), you must comply with all requirements of HM Customs and Excise, the export licensing authorities and any other relevant official bodies and:

10.2.1 provide the Company with all the relevant documents showing proof of export without delay and in any event within 7 days from the date of shipment; and

10.2.2 reimburse to the Company any sum claimed if HM Customs and Excise or any other official body makes any claim against the Company for value-added tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.

10.3 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.

10.4 Unless otherwise agreed in writing with the Company, the sale of the Item(s) is not dependent on either the Company or you obtaining an export licence.

10.5 You are advised that several countries prohibit the importation any items made from or containing certain endangered or protected species (such as ivory or tortoiseshell), while other countries will require a permit (e.g. a CITES licence). Such permits must be obtained from the relevant regulatory body in both the country of importation and exportation. If you intend to import such items into another country you should familiarise yourself with the relevant customs regulations and laws before purchase. Delays or refusal of import or export of such works shall not permit cancellation of a sale. It is your responsibility to satisfy any laws or regulations applying to the import or export of any work containing such protected species. For further information on the protected species listed please visit the CITES website: http://www.cites.org/.  For further information about import and export regulations please visit: http://www.defra.gov.uk/ahvla-en/imports-exports/cites/.

 

11. Limitation of the Company’s liability

11.1 Any claim against the Company must be brought within a period of one year from the date of purchase or the invoice for the Item(s), whichever is earlier.

11.2 We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Item(s). Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Item provided that nothing in this clause 11 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.

11.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

11.4 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

 

12. Rescission

We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Item(s).  Upon notice of our election to rescind the sale, you will promptly return the Item(s) to us.  We will then refund the price and if applicable, any amount paid to us that represents a royalty due to the Artwork's author upon the resale of the Artwork ("Resale Royalty").  The refund of the price and any Resale Royalty will constitute your sole remedy and recourse against us with respect to such claims.

 

13. Copyright

The copyright subsisting in all images and other materials produced for the sale of the Item(s) is owned by us and such images and materials may only be used with the Company’s permission.  We will have the right to use such images in our own discretion after the sale of the Item(s).  During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Item(s), but not the right to produce copies of the Item(s) (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

 

14.  Anti-Money Laundering

14.1 As the Buyer you warrant that:

i) The funds used to, pay for the Item(s) are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes, and

ii) Where you are buying on behalf of another person:

  • You have conducted appropriate customer due diligence on the ultimate buyer(s) in accordance with all applicable money laundering and sanctions laws, consent to us relying on this due diligence, and you will retain for a period no less than 5 years the documentation evidencing the due diligence. You will make such documentation available for immediate inspection by an independent third-party auditor upon our written request to do so, and

  • The arrangements between you and the ultimate buyer(s) do not, in whole or in part, facilitate tax crimes, and

  • You do not know, and have no reason to suspect, that the funds used to pay for the Item(s) are connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.

 

15.  Severability

If any part of these terms is found to be invalid, unlawful or unenforceable by any Court or other competent authority, it will not affect the remaining terms, which will continue to be valid and enforceable.

 

16.  Notices

Any notice to be given to the Company in connection with the sale of the Item(s) must be in writing to the Company’s registered address and sent by registered post, or delivered by hand, or sent by email to simon@wykehouse.co.uk. Any notice given by the Company to you will be given in writing to you and sent to your last known address, or by the email to the email address that we hold for you.

 

17.  Law and Jurisdiction

17.1 These terms and conditions are to be construed and take effect in accordance with English law.

17.2 If you are purchasing the work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute. If you are not purchasing the work as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute.

 

Wyke House Ltd.

Wyke House

29 Silver Street

Dursley,

Gloucestershire

GL11 4NA

 

Registered in England No: 13348306