Terms & Conditions
We would have liked to do business without the formality of an agreement but our lawyers have insisted.
The Room4art.com™ Terms and Conditions constitute a legal agreement that sets out your rights and obligations and those of Room4art.com™ in relation to the services we offer on this web site. Please be aware that from time to time, links may appear on our web site to other web sites run by other people or companies. It is the case that we cannot be held responsible to you for the actions of anyone other than the acts or omissions of ourselves at Room4art.com™.
Of course visiting and viewing the Room4art.com™ site is free. But when you buy on the Room4art.com™ web site you will have to agree to the Terms and Conditions, which will apply every time you use the Room4art.com™ services, so please read the following carefully.
Room4art.com™ Terms and Conditions
Because Room4art.com™ is owned and operated by a company registered in England every sale shall be deemed to be performed in England; English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.
Company trading name and registered name and registration details
Room4art.com™ is owned and operated by 21st Century Gallery Ltd a Company registered in England under company registration number 5852164.
Room4art.com™ is an online business and we prefer to correspond by e-mail. This allows us to move around the world more freely, seeking out works of art which we hope you will want to buy.
However we do recognise that you may have a pressing need to use paper, an envelope and a postage stamp. If so, please be aware of the following:
- The registered office of 21st Century Gallery Ltd will only accept governmental and legal correspondence. If you send anything else there, it will simply be destroyed. If you still want to write to us at the registered office click here for our registered office address.
- If (and to our great regret) you feel the need to return to Room4art.com™ a picture which you bought from us, then please follow our returns procedure below or by clicking here.
- For any other reason at all, we will attend to your correspondence quickest if you send us a message here.
- If you still insist on posting a normal letter, please e-mail us by clicking here [firstname.lastname@example.org]to ask for the best address at which to write to us, and we will send you that address within a few hours.
- If you wish to contact one of the Directors in person, then please telephone or e-mail us on:
- matters to do with art John Stocks on +44 7748 631 022 or John@room4art.com
- matters to do with the site or business Tom Heinersdorff on +44 7831 255 042 or Tom@room4art.com
These Terms and Conditions are a contract between us
These Terms and Conditions for the use of the Room4Art.com™ web site constitute an agreement between you and 21st Century Gallery Ltd the owner and operator of Room4Art.com™.
We aim to provide you an extraordinary level of service. To help us do that we ask you to register for Room4art.com™ services and sales using your correct name, address and any other details we may request.
Should any of the details you provide later be found to have been inaccurate at the time that you purchased from Room4art.com™ then we reserve the right to release ourselves from our obligations to you.
If you are asked to enter credit, debit or charge card details you must ensure
- that you are fully entitled to use that card at the time when you provide those details to Room4art.com™ and
when you use the card, and
- that the card account has funds available to cover all charges incurred on it in the course of buying from us.
We will not store your card numbers or expiry information but we will hold your contact and delivery details so if any of that information becomes incorrect then you undertake to notify us immediately.
In any event, to register for Room4art.com™ services and sales, you must legally be able to enter into contracts for goods and services that you may buy here. Please do not register or buy if you are not at least 18 years old and of sound mind.
Misuse of our site
Ordering and shipping
Room4art.com™ accepts payment only via PayPal, which accepts Visa, Mastercard, American Express and Maestro/Switch. A secure online credit card order is made by following the 2 easy steps
- add what you wish to buy to your shopping basket using the link "ADD PICTURE TO MY BASKET" next to the framed picture that you wish to buy.
- Go to the "Check out" via "Buy it"/"Check out"
In order to keep your costs down, we use only PayPal to take payment. We have stopped using credit cards directly, but you may use your credit card in PayPal to pay us. We will not ordinarily accept payment other than by card, though in unusual circumstances we may accept payment by cheque or Postal Order to our address (please contact us here for the correct postal address to use).
Within mainland UK, we aim to deliver your framed picture 5 working days after you place your order. You can monitor the status of your order online from the accounts area. We hope you understand that we will do our best to meet this delivery deadline, but we cannot guarantee that the deadline will be met. If it is not, we will deliver it as soon as we possibly can but will not be responsible for your loss arising because of the delay.
If you require delivery outside mainland UK, we will notify you of likely delivery times and how you can monitor the progress of your delivery.
All paintings must be checked for damage before taking delivery and signed for in person otherwise the delivery service will not leave the painting.
When you will be charged
Because we deliver our paintings framed to your design, we begin to incur new costs the moment you order.
For this reason we will charge your card when we take your order and before we take your picture to our framing workshop.
What you will be charged
All our prices include frames where applicable and that you design on our web site. On the completion of an order the work will be framed, packed and despatched by us at our expense so long as it is for delivery to the UK mainland.
If you require delivery outside the UK we will need to take additional payment for shipping and insurance costs and we will confirm this charge to you and take your payment before we despatch your purchase.
We take all payments in UK Pounds Sterling. However to assist those of our customers using a credit card settled in US Dollars or Euros we provide an approximate indication of what our pound charge is likely to convert to in either US Dollars or Euros. You should only rely on the indication of the amount in £ (UK pounds Sterling).
Tax and Duties
The prices we quote always include any applicable VAT at the UK’s current applicable rate. Also, if you want your purchase to be delivered outside the European Union, you will automatically be responsible for paying all applicable duties. We are sorry to say there is nothing we can do about that!
Descriptions of goods and services
We try extraordinarily hard to ensure that the descriptions of goods and services included in the Room4art.com™ site are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we become aware of them. Please let us know if you spot any apparent mistakes.
Please be aware that the colours and appearance of paintings, mounts and frames may vary slightly from the way they appear on the screen. Commonly this could be due to the light in which the painting is exposed or the angle at which you look at your computer screen but there may also have been issues with our original photography.
Because we sell original art, each piece needs to be carefully prepared by our framer for framing. So we must warn you that it is possible that our estimation of the area exposed within the frame, both its dimensions and the photgraphs we show of that area, may vary slightly from what we deliver to you, and we will not be held responsible for the consequences of this.
Room4art.com™ reserves the right to change the price, description and availability of any item without notice and with immediate effect.
Returns and Refunds
If you are not completely happy with the purchase you have made, for any reason at all, then you may return the picture within 15 days of receiving the work for a full refund.
At Room4Art.com™ we aim to delight you with everything we do and sell. But to our sorrow we recognise that we cannot please everybody all the time.
Because all pictures are sold with a frame chosen by you and made specifically for the picture you have chosen to buy, we cannot re-use the frames so we ask that you consider carefully whether you should be taking advantage of our refund policy and do so only in genuinely extraordinary circumstances. Please do not abuse our intent by returning over-ordered products. If you do choose to return the picture, then we reserve the rights to retain a charge of £50 for the frame and the labour cost for its manufacture and fitting and to charge for the cost of returning or collecting a picture, and we may deduct these charges from the refund.
We also have to be sure that the painting comes back to the correct framing workshop and does so undamaged so we have devised a returns procedure which we ask you to follow closely, as follows:
- to qualify for refund, a picture must be returned within 15 days of your receiving the work and in its original condition carefully repacked in the original packaging we used to send it to you. Keep that packaging -- we won't accept a return in anything else.
- Tell us about your intention to return an item on the returns form by clicking here to e-mail us [Return_Request@room4art.com], including in the message your name and the item number of the picture and your reason for returning it.
- We will then provide you instructions on how to return the picture to us. If any artworks have been damaged in transit to you, Room4art.com™ will collect the artwork and issue a full refund or repair the damage. Unfortunately, in other circumstances, we cannot refund return despatch costs which must be pre-paid by you.
- Once we have received the original artwork and been able to verify its condition, we will issue the refund due to the account originally used to pay for the work. For this purpose, we will need to contact you for your credit card details, as we do not retain these.
Although we cannot think of any way this could happen, we need to tell you that in the extraordinary event that the painting you purchased is unavailable for any reason, we will refund your credit card and offer you a discount on an alternative piece of work by way of apology.
If you are not satisfied with the quality of Room4art.com™ service please tell us why here [Complaint@room4art.com], where your complaint will be handled confidentially. We aim to respond within 3 working days.
Rights in the pictures being sold
All work displayed on the Room4art.com™ website is subject to copyright, as are the images of those works.
The sale of any item of work does not include any intellectual property right relating to it. All copyright and other rights shall remain with the artist or, after 70 years, other prior owners. You are buying the original not the right to produce prints for publication.
The images and designs used on the Room4art.com™ website are the property of 21st Century Gallery Ltd or of their respective copyright owners, and are used by Room4art.com™ with the authorisation of copyright owners or their agents. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to Room4art.com™ are vested in 21st Century Gallery Ltd or the artists or our partners or our suppliers.
You must not use, reproduce, modify or distribute the images or any part of those images in any manner, except as they are emailed or printed from Room4art.com™. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An interim injunction is a court order which would prevent any further use or distribution of the image concerned, until a final court hearing where the court will make a decision based on all the facts. And we would not enjoy that any more than you.
Specifically, we want to make it clear that the creation of a high-quality print is not allowed from the photographs that we use on this site. To ensure that any illicit digital reproductions can be identified, we reserve the right to digitally mark our photographs so that any tiny fragment as small as 2 pixels can be identified as a copy.
If you wish to use any of the photographs on our site, please apply for a Usage License by clicking here [Usage_License@room4art.com].
It will be a condition of the Usage License that the photograph is marked as ©Room4art.com™ and, if it is linked to our website we will issue a Usage License free-of-charge for a period and/or a purpose, or, where the photograph is not linked back to our website, we will charge a normal £200 commercial fee or £5 for non-commercial use.
In the event that we find unauthorised usage of our photography, we will issue a retrospective Usage License to cover the period of use of the photograph, upon receipt of our retrospective fee. Our fee for that retrospective license will be £50 if that photograph was used for non-commercial purposes, and £2000 if that photograph was used for commercial purposes. Future usage of the photograph will need to be bought at our current rates.
We have been asked by our lawyer to tell you to please be aware that we will not be liable to you or to any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue, business or management time, howsoever caused arising out of your use of the website or the purchase of any items through the site.
You also agree that the liability of Room4art.com™ under this agreement (whether arising in negligence or otherwise), will not under any circumstances exceed the greater of a) £300 or b) an amount equal to the sums paid or payable by you.
None of this affects your statutory rights as a consumer.
We cannot think how this could possibly happen but we thought we should state that nothing in this agreement limits the liability of Room4art.com™ for personal injury or death resulting from our negligence.
Room4art.com™ shall not be liable for any failure to perform its obligations under this agreement if caused by matters beyond our reasonable control. Without limiting ourselves here in any way, matters deemed beyond Room4art.com™ control include riots, floods, fires, Acts of God, or war.
Changes to this Agreement
Because new rules and changes to the law seem continually to occur, Room4art.com™ reserves the right to change the terms of this agreement when it is deemed necessary, and post a new version on our website. The new version will take effect from the date of posting on the site and will apply to any dealings that we have after that time. Prices and availability information are also subject to change without notice.
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
To use certain features of Room4Art.com™ service, you will provide a username and password, which you will register in our registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You may change your password at any time by entering and confirming your new password at http://www.room4art.com/register/. Room4art.com™ cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Security & Privacy
You should be concerned about security and privacy. So Room4Art.com™ takes care to comply with the provisions of the Data Protection Act in order to reassure you that any information you give us as well as any that we know about you by any other means is well protected. We also feel it is important that you know exactly how any information you provide us with is used.
What information do we collect
Room4art.com™ requires some basic information for its services. The registration page contains all the information that we need to provide the service you are entitled to expect from us before you place an order. When you make an order we will also require payment, contact and address details, to ensure that we can get your purchase to you and that we are not exposed to fraud. All information is collected and stored in accordance with the Data Protection Act 1998.
How we use your data
Room4art.com™ will not use this data, or disclose it to any other party without your express permission given during registration or at some other time. Furthermore, any permission-based contact we undertake with you will provide you with the option to unsubscribe at any time.
We may, however, disclose this data if compelled to do so by law and, in the event of the sale of 21st Century Gallery Ltd or of the Room4Art.com™ business, ownership of all the data we hold would pass to the new owners.
To provide a service that meets our customer needs, we collect data relating to your particular settings on the web site and to the popularity and usage of particular aspects of the site or related Room4art.com™ sites. Cookies are used for this and to recognise you when you return to the site. If you do not wish us to improve your experience of our site you will need to disable cookies in your browser or set it to either reject or accept session cookies.
Please note that Room4art.com™ has a strict no 'spam' policy. That is we will not contact you with commercial information if you have asked us not to. You may subscribe to any of the information that Room4art.com™ provides, and at any time, you can remove yourself from such a subscription by e-mailing us here [email@example.com]. In order to make our information services as useful as possible we collect data relating to the popularity and usage of the information we send out.
How we protect your data
Any credit card information you provide will be taken by and held by PayPal at their secure and separate site which processes transactions for us (and for thousands of other companies) on behalf of the credit card organisations. At no stage does our site hold your card number and card details, so that even in the highly unlikely event that our site security was breached for any reason those credit card details would be unavailable. Any data stored by 21st Century Gallery Ltd is stored securely and under the terms of the Data Protection Act 1998.
If you have any questions about the way information about you is used, please contact us here [firstname.lastname@example.org].
The Registered Office (or governmental and legal correspondence only - all other material will be destroyed) of 21st Century Gallery Limited, the company owning and operating Room4art.com™, is at: 21st Century Gallery Limited, 44 Upper Belgrave Road, Clifton,
BS8 2XN , United Kingdom
For the appropriate street address at which to mail us on matters not requiring to be sent to our registered office, please e-mail us here.