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TERMS AND CONDITIONS
The artwork being sold at www.dynamitegallery.com (hereafter referred to as the “Website”) and in the physical gallery shop space (hereafter referred to as the “Gallery”) are sold (some items are produced) by Dynamite Gallery whose registered alley retail space is located: 13 Trafalgar Street, Brighton, BN1 4EQ. A company registered in the UK.
1. Acceptance of the Terms and Conditions of Sale and conclusion of the contract
The contract stipulated between Dynamite Gallery and the Client (that is the party or individual who makes the purchase on the Website) shall be concluded with the acceptance of the order by Dynamite Gallery. Should the order not be accepted, Dynamite Gallery will provide prompt notification to the Client.
By placing an order through one of the available methods, according to the order form on the Website (hereinafter referred to as the "Order"), the Client confirms that they have read all the information provided during the purchase process and confirms full acceptance of these Terms and Conditions of Sale (hereinafter referred to as the "Terms & Conditions").
A) Dynamite Gallery will NEVER pass the information submitted by the Client on the website to any third party. The only exception to this will be if Dynamite Gallery is requested to share these details by law enforcement agencies or departments.
B) After the conclusion of the sale, customer information will be used by Dynamite Gallery to to send emails with company and product updates, newsletters and offers. We may also use customer information profiles from time to time on social media to gather incremental customer. The client will always have the opportunity to opt-out or un-subscribe from these communications.
C) Until such time as the Client opts-out or un-subscribes they shall continue to receive marketing from Dynamite Gallery.
3. Products and Purchase
A) The only products offered for sale by Dynamite Gallery are those shown on Dynamite Galler's website at the time of placing the Order, as they are described on the relevant information pages. If a product not featured on the Dynamite Gallery website has been purchased via another retailer, the application of the warranty will be at the discretion of Dynamite Gallery.
B) It shall be understood that the images accompanying the information on a product are shown for illustration purposes only and may not be wholly representative of the product’s features, possibly differing, for example, in colour, (Sometimes it's because you've got your browser or screen settings wrong which can make images look strange).
C) Correct receipt of the Order shall be confirmed by Dynamite Gallery by means of a reply via email sent to the email address indicated by the Client. This confirmation message shall include a summary of the purchase conditions, as well as the details provided by the Client on the Order, so that the Client may check said details and communicate any necessary corrections as soon as possible. So do try not to get your name wrong.
D) Products are usually posted to clients within 72 hours (when in stock). If corrections have not been made to incorrect details on the Order by the time the product is posted Dynamite Gallery cannot accept liability for loss or delays.
4. Prices and Payment Methods
A) The prices indicated on the Website are inclusive of purchase taxes and VAT. Any delivery costs or payment charges will be notified to the Client via the Website or a subsequent email notification.
B) The following payment methods are accepted:
PayPal: Clients may pay via PayPal in accordance with the specific methods set by PayPal. Easy-peasy.
Credit Card: Where products are purchased using a credit card, the transaction made via "Shopify Payments" a secure server chosen by Dynamite Gallery. Under no circumstances and at no stage of the transaction shall Dynamite Gallery bes details shall be held by Dynamite Gallery and therefore under no circumstances can Dynamite Gallery be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment. So don't blame us for dodgy purchases.
5. Delivery of products and associated charges
A) When in stock, we aim to send out the products purchased via the website to the details (name and address) as indicated by the Client on the Order within 72 hours from Dynamite Gallery having accepted the Order, at the cost specifically indicated on the Website before placing the Order. We cannot guarantee this, but to guarantee we will let the client know if this is not possible. With orders requiring postage beyond the territories of the UK or Europe, Dynamite Gallery reserves the right to i) accept or refuse requests for these deliveries and ii) to have varying delivery lead times.
B) With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The Client is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports.
C) The lead times for delivery indicated by Dynamite Gallery are just indicative and as we all know with postmen, delays can occur. Orders made that require delivery via split consignments shall not entitle the Client to refuse the delivery or request compensation or indemnity. Just sit tight and if this is not OK then you can cancel the order when we let you know this is the case.
D) At the time of delivery, the Client shall be required to check the following:
- That the number of packages delivered corresponds to the number shown on the delivery note.
- that the packaging is intact, not ripped or torn, or wet/damp. This includes to the materials used for sealing the delivery box (adhesive tape or metallic strapping).
Any damage to the packaging and/or to the product or any lack of correspondence in the number of packages or the details, must be notified immediately. Just send us an email as soon as possible with information on the delivery note for the product, which shall we will arrange to be returned to the carrier.
If there are problems with the physical integrity, correspondence or completeness of the goods received we really need to be notified within 7 days of delivery.
But we will do our very best to get your product to you in one piece, wherever you are!
6. Right to cancel
A) In accordance to Consumer Rights Directive of 2014 in the UK, and in line with EU law, the Client may withdraw from the Conditions and therefore from the purchase agreement for any reason, without need for an explanation and without incurring any penalty, within 14 (fourteen) working days from the date of receiving the products. PLEASE NOTE: This only applies to clients who have purchased directly from www.dynamitegallery.com. Customers who have purchased Dynamite Gallery products from other retailers should consult the Cancellations and Returns policy of that retailer.
B) In order to exercise the right to cancel set out in the preceding Clause 5.1, the Client needs to send notification to Dry Patch Ltd within the time limits indicated to the following email address email@example.com.
C) In the event of cancellation, the Client shall return the products to Dynamite Gallery at the Client’s expense within 14 (fourteen) days of said cancellation to the following address: Dynamite Gallery Returns, 13 trafalgar Street, Brighton, BN1 4EQ, UK. The goods must be returned intact, complete in all their parts and in their original packaging (envelopes and packaging), having been kept and used only for the time strictly necessary to establish and verify their condition. If there are no signs of wear or muck so that the product can be resold, then the right to cancel may be applied to the purchased product under the following guidelines:
- It is not possible to return only part of the purchased product under any circumstances.
- in order to cancel, the product must be complete and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: labels, string, cards, tags, seals, etc.);
- return postage costs (and any customs duty applicable) arising from the return of the goods we be borne exclusively by the Client HOWEVER, basic return postage cost will be refunded by Dynamite Gallery. Basically meaning the cheapest practical method of return delivery available at time of sending.
- until confirmation of receipt by the warehouse indicated by Dynamite Gallery is given, liability for transport will be borne solely by the Client;
- should the goods be damaged in transit, Dynamite Gallery shall notify the Client, in order that the Client may promptly lodge a complaint against the courier that was used and obtain appropriate compensation; the product shall then be made available to the Client, at the same time as cancelling the request for termination;
- Dynamite Gallery shall not be liable in any way for damage, theft or loss that occurs during or as a result of a shipment made for the purposes of returning goods.
D) Dynamite Gallery shall arrange to refund the Client for the whole amount paid, net of consignment charges incurred and any customs duty paid for importation, within 14 (fourteen) days from the date of cancellation, by transferring the debited amount, via the same payment method used by the Client for the initial transaction, unless otherwise agreed. The Client will not bear any expenses incurred as a consequence of the refund. Dynamite Gallery may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched, whichever is sooner.
E) The Client shall forfeit the right to cancel should Dynamite Gallery discover any of the following:
- that the returned product and/or its accessories, and/or its packaging are not intact.
- that the product is without its external package and or the original internal packaging.
- that the product is missing some of its integral parts and/or accessories (for eg., damaged frame, ties, strings, etc.).
Should the right to cancel be forfeited, Dynamite Gallery shall arrange to return the purchased product to the sender, debiting the shipping costs from the same and, if already refunded, the price of the product.
7. Complaints and requests for information
A) Dynamite Gallery may be contacted with reference to any complaints or requests for information via email - we aim to respond to all emails within 24 hours but this time can increase:
8. Dry Patch Competitions
A) From time to time Dynamite Gallery will run competitions. Dynamite Gallery reserves the right to change the prize or cancel the competition without notice.
B) Dynamite Gallery will detail how the winner is picked on a case by case scenario, but when it is stated that the winner will be picked from all entries, this means that the entries will be put on a Microsoft Excel sheet and in alphabetical order and Google's random number generator will be used to generate the random number. Whoever's name and contact details are next to that number on the Microsoft Excel sheet, will be deemed the winner.
C) Following the announcement of the competition winner, Dynamite Gallery will make as direct as possible contact with the winner. The winner will have 14 days to respond to the communication. If the winner fails to respond in that time frame the process will take place again excluding the previously drawn person.
9. Applicable law
A) The contract for sale set out in these Terms and Conditions are based on and governed by UK Law.