c. Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
a. We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. HG Contemporary provides you with access to and use of the Site subject to your compliance with the Terms.
d. HG Contemporary is committed to providing a website that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Site and in doing so aim to adhere to many of the available accessibility standards and guidelines.
e. Whilst we are continually seeking out solutions that will bring all areas of the Site up to the same level of overall accessibility, in the meantime, should you experience any difficulty in accessing the Site, please don’t hesitate to contact us on email@example.com.
a. All copyright, trade marks, domain names, design rights, database rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site including all content and applications located on the Site shall remain vested in HG Contemporary or its licensors. All such rights are reserved.
b. You may retrieve and display the content on the Site on a device screen and print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the Site without written permission from HG Contemporary.
c. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
a. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
c. You may have certain legal rights when using the Site (such as the Online Shop Terms). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online Shop Terms.
a. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
a. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions“). While we value your feedback, you agree not to send any Unwanted Submissions.
b. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
a. We may transfer rights and obligations under these Terms to another organisation. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these Terms.
b. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
a. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
i. 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 and for fraud or fraudulent misrepresentation.
ii. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 1. use of, or inability to use, our Site; or 2. use of or reliance on any content displayed on our Site.
iii. In particular, we will not be liable for: 1. loss of profits, sales, business, or revenue; 2. business interruption; 3. loss of anticipated savings; 4. loss of business opportunity, goodwill or reputation; or 5. any indirect or consequential loss or damage.
c. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Please contact us using the email address below if you are a business user and would like a copy of our terms for business users.
a. To the extent that applicable law permits, each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
c. If you and we cannot resolve a dispute using our complaint handling procedure, we will:i. let you know that we cannot settle the dispute with you; and ii. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal here.
b. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by email.
c. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you register on our Site, when you place an order or otherwise supply to us.
1.3.2. extra terms which may add to, or replace some of, these Online Shop Terms. This may happen for legal reasons. We will contact you to let you know if we intend to do this and you can cancel any order and receive a refund for any products paid for but not receive;
2.2. We are under a legal duty to supply products that are in conformity with these Online Shop Terms. See the box below for a summary of your key legal rights as a consumer in relation to the products. Nothing in these Terms will affect your legal rights.
2.3. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, you will find it on each product web page, or you can contact us using the contact details at the top of this page.
3.3. These Online Shop Terms and any document expressly referred to herein constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on behalf of us set out in these Online Shop Terms or any document expressly referred to within them.
4.2. You place an order on the Site by following the on-screen instructions on the web page displaying the product you are interested in to a) select the relevant product options when prompted and add the products to your basket and, once you have finished selecting the products you wish to purchase, b) enter your delivery and payment details.
4.4. When you place an order for a product, we will require your payment details in order to pre-authorize payment with your bank, but your payment will not be charged until we have confirmed availability of the product to you.
4.5. When you place your order at the end of the online checkout process (e.g. when you click on ‘submit’ or ‘confirm’), we will acknowledge it by email (“Acknowledgement“). This Acknowledgement does not, however, mean that your order has been accepted.
If we are unable to supply you with a product, for example because that product is not in stock, or no longer available, or because of an error in the price on our Site, we will inform you of this by email and we will not process your order. If the product is not available the payment pre-authorization will be removed and your bank details will not be retained.
4.7. Product availability will be confirmed to you by email within 7 days (“Order Confirmation“). Once you have our Order Confirmation, a binding contract will be formed between you and us for purchase of the product and your payment will be processed.
4.8. If following Order Confirmation and process of your payment the product is no longer available we shall refund any payment taken from you using the credit or debit card you used to pay for the product.
5.2. You do not have the right to change your mind and cancel the contract between us for bespoke orders, such as editions, or where a product has been made to your specifications and is clearly personalised, unless that product is faulty.
5.5. To cancel a contract if you change your mind, you must contact us in writing by sending an email to email@example.com or by using the cancellation form attached to these terms. You may wish to keep a copy of your cancellation notification for your own records.
5.7.2. if you are ending the contract because we have told you of an upcoming change to the product or these Online Shop Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
5.8. We will process the refund due to you using the credit or debit card you used to pay for the product and refunds will be processed without undue delay, and in any event no later than 14 days after we receive the returned product.
i. you must return the products to us in accordance with the Shipping and Returns Policy and within 28 days of receipt, unless the products were split into different deliveries over different days in which case you must return the products within 28 days from the date the last product was received, in the original packaging and including any certificates provided with the product;
5.10. If the value of the product is diminished as a result of your handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product, we may recover that amount from you, up to the value of the product, by either:
7.1. The cost of delivery shall be as notified to you before you place your order. We shall deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which your order is confirmed.
7.2. If the supply of the products is delayed by an event outside our control, we shall contact you as soon as possible to let you know and take steps to minimize the effect of the delay. In doing so, we shall not be liable for delays caused by the event, 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.
7.3. Delivery will be completed when the products are delivered to the address supplied by you. Please note that occasionally, where multiple products have been ordered, these may be delivered to you separately, on different days.
7.5. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.4, you can provide a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.6. If you do choose to treat the contract as at an end for late delivery under clause 7.4 or 7.5, you can cancel your order for the product or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them) unless splitting them up would significantly reduce their value. After that we shall refund any sums that you have paid for the cancelled products and their delivery (as per clause 5.6). If the products have been delivered to you, you must either post them back or (if they are not suitable for posting) allow us to collect them from you. We shall pay for the costs of postage or collection.
8.1. Delivery charges on your order and in your Order Confirmation are estimates. We reserve the right to amend the delivery charges and will advise you of any changes once we have received your order. Lead times for delivery may vary, depending on the delivery location. For some territories, such as the Asia, South America and Australasia, delivery charges may be based on delivery to port and you may need to arrange collection, provision of necessary documentation and customs clearance. We will advise you of this once we have reviewed your order.
9.1. The price to be paid for a product (which includes VAT) will be the price as quoted on our Site when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
9.3. The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
9.4. If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.5. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing we may end the contract, refund you any sums you have paid and require the returns of any goods provided to you.
10.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
10.5.2. must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
10.6. If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
12.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
14.2. Except to the extent expressly stated in these Online Shop Terms all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
We are committed to making this website available to as many people as possible and are engaged in continued efforts to ensure that this website is accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments. Our efforts in that regard are ongoing. Many internet users can find websites difficult to use. We recognize that this is an important issue, and we are working to ensure that this website is accessible to all persons who wish to use it. Our efforts to improve this website in this regard are in process, so if you come across a page or feature you find inaccessible or difficult to use, please send your feedback to: firstname.lastname@example.org
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