Welcome to blackwatergallery.co.uk. To access and use this website (the Site), you are subject to the following terms and conditions (Terms and Conditions):
This Site is operated by:
Blackwater Gallery, Pendeen House, Prospect Place, Cardiff CF11 0AW.
1.1 These Terms and Conditions govern your relationship with “Blackwater Gallery” and apply to all quotations, offers, orders and contracts for sale of goods. Please ensure you read these Terms and Conditions carefully. If you have any queries here please contact Blackwater Gallery to discuss, and please make sure you ask to confirm any changes in writing to avoid any confusion.
1.2 By using the Services, you are agreeing to all of these Terms and Conditions, these maybe updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to these Terms and Conditions. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms and Conditions on the Site. You can determine when we last changed these Terms and Conditions by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms and Conditions will constitute your acceptance of those changes
1.3 We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms and Conditions).
1.4 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site. We will not be liable if for any reason this Site is unavailable at any time or for any period
1.5 The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
1.7 Nothing in these Terms and Conditions affects the statutory rights of any Buyer
1.8 Once an order has been placed by you the Buyer and accepted by Us, no change or modification of the Terms and Conditions (including change of orders) is valid unless it is in writing and signed by all the parties.
‘Artwork’ – means the item or items (Artworks) to be sold to the Buyer by Blackwater Gallery.
‘Buyer’ – means the purchaser or proposed Purchaser of Artwork from Blackwater Gallery
‘Blackwater Gallery’ – means the company selling Artwork being a trade name of TracingDirect Limited, company registered at 21 St Andrews Crescent Cardiff CF103DB (company registration number 06123256)
‘our Gallery’– means Blackwater Gallery, Pendeen House, Prospect Place, Cardiff CF11 0AW
‘Services’ - We offer a service whereby a Buyer can view Artwork on this Site, visit our gallery to view the Artwork in persons and purchase Artwork either through this Site or in person. We will package any purchased Artwork and ensure its safe carriage and delivery to your contact address in accordance with these Terms and Conditions
‘’Us or We – means Blackwater Gallery
‘You’ – means the Buyer
4.1 IMPORTANT: You must not misuse this Site. You will not commit or encourage a criminal offence, transmit or distribute a virus, Trojan, womb, or post any other material which is technologically harmful, in breach of confidence or in any way offensive. You must not hack or infringe upon any rights of the other person’s propriety rights, send any unsolicited advertising or promotional material, commonly referred to as ‘Spam’, or attempt to affect the performance or functionality of any computer facilities accessed through this website.
4.2 Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990, blackwatergallery.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programs or data
4.3 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms and Conditions and you agree that you will not:
use the Site for any fraudulent or unlawful purpose
use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
frame or mirror any part of the Site without our express prior written consent;
create a database by systematically downloading and storing Site content;
use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
5. Software and Content
The rights in all software and content made available to you on or through this website remains the property of blackwatergallery.co.uk or its licensors (Limegreen?) and are protected by copyright laws and treaties around the world. All such rights are reserved by blackwatergallery.co.uk and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may use such content in connection with any business or commercial enterprise. You shall not modify or translate, reverse engineer, disassemble or create derivative works based on any software or accompanying documentation supplied by blackwatergallery.co.uk or its licensors. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are similar without the written permission of blackwatergallery.co.uk.
6.1 By advertising Artwork on this Site and at our Gallery, we are not making an offer to sell the Artwork. All Artwork on this Site and at our Gallery is advertised by Us in order to invite an offer from you, the Buyer.
6.2 By placing an order through this Site or by making any offer in person to buy Artwork or any acceptance of a quotation by you, the Buyer will be deemed an offer (an Offer) to purchase the Artwork
6.3 No Offer by you the Buyer will be deemed or give rise to a binding contract of sale until the Offer is accepted by Blackwater Gallery
7. Terms of Sale
7.1 Once an Offer is received by Us and the Offer is acceptable to Us, we will send you, the Buyer written confirmation of your Offer. This does not mean that your Offer has been accepted.
7.2 The purchase price shall be the price in the written confirmatory invoice issued to You by Blackwater Gallery pursuant to 7.1 above (‘the Purchase Price’).
7.3 We must receive payment of the Purchase Price in full for the Artwork that You order before your Offer can be accepted. Once payment has been received by Us in full we will confirm that your Offer has been accepted by sending an acceptance email (Our Acceptance) to you at the email address you provide in your Offer. Our Acceptance of your Offer brings into existence a legally binding contract between us, unless we notify you that we do not accept your Offer or you have cancelled it Upon sending you our Acceptance, these Terms and Conditions (as they may be amended by Blackwater Gallery from time to time) form a binding agreement between the Buyer and Blackwater Gallery.
7.4 All prices advertised are subject to such changes. The Purchase Price may vary from the purchase price in your Offer. All orders are subject to availability and confirmation of the Purchase Price.
7.5 Any Artwork or services not confirmed in Our Acceptance are deemed additional work and must be agreed in writing signed by both parties. These Terms and Conditions are applicable to any additional work or additional sales to the Buyer by Blackwater Gallery.
7.6 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our buying from us notice for further information.
7.7 In order to contract with Blackwater Gallery you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Blackwater Gallery retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Blackwater Gallery or may in some cases be a third party.
7.8 Where a contract is made with a third party Blackwater Gallery is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
7.9 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Artwork. The cost of foreign products and services may fluctuate.
7.10 Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any Artwork which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Artwork, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost' on your order confirmation.
7.11 Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Artwork will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
7.13 When you the Buyer ask an artist to create bespoke Artwork (‘Commissions’), Blackwater Gallery will require a 50% of the Purchase Price as a non-refundable deposit. On completion of Commissions the Buyer shall pay the balance of the Purchase Price
8. Purchase price and payment methods
8.1 The Purchase Price includes the cost of VAT. Any fees, duty or taxes applied will be billed to and paid by the Buyer in addition to the Purchase Price as stated on the written confirmatory invoice issued by Blackwater Gallery.
8.2 All payments shall be made in British Pounds Sterling and the Purchase Price is due in full within 7 days of receipt of the written confirmatory invoice from Us, unless agreed otherwise in writing.
8.3 Ownership (legal title) of the Artwork will not pass to the Buyer until the Purchase Price is paid in full by the Buyer and received by Blackwater Gallery in cleared funds.
8.4 Late fees: Any payments not paid in full as per these Terms & Conditions may result in an order being cancelled and Artwork may be re-advertised for sale on this Site. In the event of late payment, if a Buyer provides a justifiable reason for late payment in writing, Blackwater Gallery may extend the time limit for payment at its sole discretion.
8.5 Prices do appear on our website and if by any means you see an error please do contact firstname.lastname@example.org directly. If we discover an error in the price of any Artwork you have ordered online or at the gallery, we will inform you as soon as possible and give you the option of reconfirming your Offer at the correct price or cancelling it. If we are unable to contact you, we will treat this as a cancelled Order. If you have already paid for any Artwork, you will receive full refund. Delivery costs will be charged in addition.
9. Artwork purchased
9.1 The Artwork to be delivered shall be specifically described in Our Acceptance provided by Blackwater Gallery.
9.2 In the event the specific Artwork is not available as at the date your Offer is accepted by us, Blackwater Gallery agrees to source Artwork of similar or greater quality.
9.3 In the event Blackwater Gallery cannot source replacement Artwork acceptable to the Buyer because the ordered Artwork are not available, the Buyer will have 14 days to provide written notice to cancel the order. Blackwater Gallery will, upon receipt of such notice, refund monies paid in full.
9.4 The Buyer agrees and acknowledges that all specifications and advertising issued by Blackwater Gallery and any descriptions or illustrations contained in Blackwater Gallery marketing materials are provided for the sole purpose of giving an approximate idea of the Artwork described in them. Blackwater Gallery is not bound by such descriptions which do not form a part of these Terms and Conditions, nor are they a part of the sales agreement and this is not a sale by sample.
9.5 We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Artwork for your purpose.
- the truth of any information given on this Site;
- any implied warranty or condition as to merchantability or fitness of the Artwork for a particular purpose;
9.6 Before making an Offer we advise that a Buyer attends our Gallery to view the Artwork as all descriptions, weights and sizes of Artwork 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.
10. Termination by Blackwater Gallery
Blackwater Gallery may terminate this agreement if the Buyer fails to make any payments when due or substantially breaches any other obligation of these terms and conditions. Blackwater Gallery may notify the Buyer in writing of such termination and recover from the Buyer payment for Artwork sold or work completed. The Buyer is liable for any and all costs incurred by Blackwater Gallery in connection with collection of such unpaid funds.
We offer many delivery options once you have purchased artwork from us at Blackwater Gallery. This includes a personal local delivery service, UK delivery within 5-14 days and we also offer worldwide shipping. These delivery services are all additional costs which the client is liable for. All Artwork will need to be signed for once delivered. Everything will be packaged at the gallery and quality checked at the gallery prior any delivery of client’s artworks.
All Artwork at the Gallery and on this Site can be collected from our Blackwater Gallery premises within our opening working hours. We ask out of courtesy an email or phone call 24 hours prior to you collecting as we will ensure we have packaged your Artwork and have your invoice, certificate of authenticity and any payment receipts ready for you.
13. Returns and cancellations
13.1 If you, the Buyer would like to return any Artwork or cancel the contract between You and Us, You can do so within 14 days from the date Blackwater Gallery accepts your Offer. To return Artwork or cancel this agreement, you must provide written notification of your intention to do so by emailing email@example.com. When returning Artwork to us please have at hand your order number, name, and address. Any Artwork purchased online must be returned to our Blackwater Gallery address and all in the ordinal packaging as seen when sold. You will need to bring all documentation relating to your purchase and the Artwork including your invoice, payment receipts, and certificate of authenticity upon return. We will not refund you the Purchase Price until we receive this documentation. All returns of Artwork must be in the same condition as when it was delivered by Us to the Buyer. We will not accept any returns for Artwork that have been damaged post-delivery. If you do not pay the costs of returning the Artwork to Us, we shall be entitled to deduct the direct costs of recovering the Artwork from the amount to be credited to you.
13.2 Please be aware that Commissions cannot be returned.
For Artwork being returned to Blackwater Gallery in accordance with our cancellation policy above (Returns) and providing the Artwork is accepted by Us, you will receive a refund by the method you initially used to make the payment as soon as possible and in any event within 30 days of Us receiving the returned Artwork.
We are very happy to recommend the best bespoke framers locally & in the UK. We can personally organize this service for you at an additional cost for Artwork purchased at Blackwater Gallery. We can always suggest the most appropriate frame to complement any new purchase from us.
We ensure to all of our clients that we take care of storage for you up to 14 days from the date of purchase, unless agreed otherwise. We have storage facilities in the UK and storage security is our utmost priority. We are trained to handle valuable artworks with the greatest of care. All artworks are insured whilst at the gallery. Collecting purchased artworks from the gallery, we can ensure our insurance is covered up to the point of your personal collection and leaving the gallery. Online purchased artworks are insured whilst in carriage under the delivery service provided.
Blackwater Gallery makes no warranties, expressed or implied, except as specifically stated herein. Such warranties are in lieu of all other warranties, written or oral, statutory, express or implied, including without limitation, any warranty of merchantability.
18. Submission of material
By submitting images and text to us you grant blackwatergallery.co.uk the royalty free right and license, to use your jpg images and supporting text, to reproduce, modify, edit, adapt, publish, distribute and display such materials in whole or part worldwide and /or to incorporate it in other forms, media or technology now known, or later developed for marketing and promotion purposes. You also acknowledge that blackwatergallery.co.uk is not obliged to publish any material submitted by you on any blackwatergallery.co.uk publication. Please contact us if you wish for your images and text not to be used in our marketing and promotional activities. In certain circumstances blackwatergallery.co.uk may also share your contribution with trusted third parties.
Blackwatergallery.co.uk reserves the right to close accounts or refuse service if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.
20. Data Protection
Blackwater Gallery will hold any personal information provided to it in confidence and in accordance to GDPR regulations and other applicable data protection legislation. Blackwater Gallery will use such personal information for the administration and servicing of your purchase and all other related activities; Blackwater Gallery may disclose your personal information to its agents and service providers and other members of Blackwater Gallery for this purpose.
21. Disclaimer of Liability
21.1 This legal notice should be read as an extension of any Terms and Conditions of Blackwater Gallery. Blackwater Gallery is not authorised or regulated by the FCA (Financial Conduct Authority). Art are not investments of a specified kind within the scope of the Financial Services and Markets Act 2000 nor are they controlled investments of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by Blackwater Gallery relates to the sale of Art and their value. Blackwater Gallery does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market 2000.
21.2 The information and services described in any marketing materials or the website are not intended to be used by or to be available to persons from outside the United Kingdom.
21.3 The value of Artwork and the income derived from them may go down as well as up and you may not receive back all the money which you invest.
21.4 The services described or recommended in our marketing materials or on the website may not be suitable for all people. You should seek your own professional advice as to the suitability of any such investment or service before you enter into any transaction.
21.5 Any information relating to past valuation of Artwork is not necessarily a guide to future performance.
21.6 Fluctuations in the rate of exchange may have an adverse effect on the value, price or income of non-sterling denominated Artwork.
21.7 The information contained in our marketing materials or the website is not intended to be an offer to buy or sell securities, and this website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the FCA
21.8 If the Artwork we deliver are not what you ordered or are damaged or defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Artwork in question.
21.9 If you do not receive the Artwork ordered within 30 days of the date on which you make payment of the Purchase Price in full, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Artwork. If you notify a problem to us under this clauses, our only obligation will be, at your option:
- to make good any non-delivery;
- to replace or repair any Artwork that are damaged or defective; or
- to refund to you the amount paid by you for the Artwork in question in whatever way we choose.
21.10 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Artwork in question as confirmed above.
21.11 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Artwork from our Site.
21.12 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
21.13 We shall have no liability to you for any failure to deliver Artwork you have ordered or any delay in doing so or for any damage or defect to Artwork delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
22. 1All notices shall be in writing and sent by registered post or email to the address of the recipient stated in any quotation, order or acknowledgement of order.
22.2 Notices shall be deemed to be received if sent by registered post, on the second day following the day of posting and, if sent by email on day of transmission (if sent before 5:00pm).
23. Copyright and Confidentiality
Copyright, trademarks, database rights and all similar rights in this website and marketing materials are owned by Blackwater Gallery, its licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of Blackwater Gallery. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of Blackwater or any third party.
The Buyer hereby agrees to compensate Blackwater Gallery and undertakes to keep Blackwater Gallery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Blackwater Gallery to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered arising out of any breach by Buyer of any provision of these Terms and Conditions or arising out of any claim that Buyer has breached any provision of these Terms and Conditions.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
28. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of United Kingdom and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.