A detailed description of all our policies and promises to you

Price pledge

Postage and packing is shown for purchasers in UK. For others an additional charge is made, at cost. Please contact us for details.

 

Frames

Prices for original works do not include frames unless explicitly stated. As framing is such a personal choice I have therefore left the decision up to you. Having said this I can offer a framing service for which an additional charge is made, at cost.

 

Delivery

Delivery of the Goods shall be made by us to the address for delivery shown in the order form.

Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered by us in advance of the estimated delivery date. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

If we fail to deliver the artwork for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.

If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.

 

Changing your mind

Returns Policy

Everything sold by Lilwah Galleries Ltd has been carefully checked for both quality and authenticity. Sometimes, however, items are damaged during delivery or unacceptable in some other way and we will make every effort to rectify that situation.

When you receive your goods, please check them immediately. Any damage must be notified to Lilwah Galleries Ltd within 14 days of receipt of your order. Lilwah Galleries Ltd will then arrange for collection and a replacement. If a replacement is not available you have the option of choosing an alternative or a full refund.

Goods that are unacceptable for any reason may be returned for a refund, but you must contact us within 14 days of receipt if you wish to return the item.

Goods returned which are not defective or faulty will be subject to the return shipping costs.

Refunds

Refunds to you will be made within 30 days of the date of cancellation notice. All undamaged, correctly returned works of art will be credited to the original purchaser's paypal account including sales taxes for all EU country shipments excluding shipping charges.   International customs duties and sales taxes are non- refundable for shipments outside the European Community (EU).

Alternatively, you can request a Lilwah Galleries store credit that can be used against future purchases at Lilwah Galleries.

Can I change and order that I have already placed?

Unfortunately, it's not currently possible for you to change or cancel an existing order yourself on our website.

However, if you would like us to make any amendments to an order that hasn't yet been shipped, please contact us and we will be happy to do this for you.
 

Site Security and Paypal

Our site uses Paypal and therefore benefits from the security offered by Paypal.  When you have finished browsing and are ready to check out, you link to Paypal.  AT this time the connection changes to a secure channel.

When Paypal have received your credit card information it is sent directly and encrypted to their server.  Your payment card details will never be stored or saved at the lilwahgalleries.com website.

However, no data transmission over the Internet or any wireless network can be completely guaranteed to be perfectly secure. Therefore, while we do our best to ensure protection of your personal information, Lilwah Galleries Ltd cannot guarantee the security of information transmitted to or from lilwahgalleries.com

If you feel your security has been compromised, please contact us.

 

Privacy Policy

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.

We will not e-mail you in the future unless you have given us your consent.

We will give you the chance to refuse any marketing email from us in the future and will never pass your details on to any other traders.

The type of information we will collect about you includes:

your name

address

phone number

email address

We will never collect sensitive information about you without your explicit consent.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.

We will not transfer your information outside the EEA (European Economic Area).

We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way could be used to identify you unless you modify your browser settings.

 

Terms and Conditions

To protect your own interests please read the conditions carefully.  If you are uncertain as to your rights under them or you want any explanation about them please contact us before you place the order. 

By placing an Order and purchasing goods from www.lilwahgalleries.com (online art agency) you enter into a legally binding agreement with us on the following conditions.  You should read and understand these conditions because they affect your rights and liabilities. 

These are the Standard Terms and conditions of Sale of Lilwah Galleries Ltd. Registered office 157a Tranmere Road, Earlsfield, London, SW18 3QX (company number 5775046) ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods").  Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form. 

In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. 

These conditions describe the basis for purchase by you and sale by us, on behalf of the artist, of the artwork described on this website.

1.                       Interpretation

1.1                    In these conditions:

   ‘conditions’ means the standard Terms and conditions of sale set out in this document;

‘Contract’ means the contract for the sale of the Goods;

Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;

'Delivery Area' means 'wherever we accept an order from' 'Goods' which you have ordered including any installment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the conditions;

‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

‘Order’ means any order placed by you with us for the supply of Goods;

Order Form’ means the electronic order form completed and submitted electronically by you;

Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;

                  'Web Site' our presence on the world wide web, currently accessible via the address www.lilwahgalleries.com.

 

1.2           Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.

1.3                    Unless the context otherwise requires:-

1.3.1       words importing the singular shall include the plural and vice versa;

1.3.2       words importing the masculine gender shall include the feminine gender and vice versa;

1.3.3       references to persons shall include bodies of persons whether corporate or incorporate.

1.4           Unless the context otherwise requires references to clauses shall be construed as references to clauses of these conditions.

1.5           Headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.

2.                       Basis of the sale

2.1           We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.

2.2           No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3           No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

2.4           Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

3.                       Orders

3.1           The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).

3.2           Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.

3.3           You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.

3.4           You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.

3.5           The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.

3.6           We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements

4.                       Price of the goods

4.1           The price of the Goods shall be the price set out on the relevant page of this site.   We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.

4.2           If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable.  If it is not acceptable then you will, of course, have the option of cancelling the order.

4.3          The price of the Goods does not include insured postage or packaging.  There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging.  This charge will be clearly shown on the Order form.

4.4                    The total price is inclusive of any applicable value added tax.

5.                       Terms of payment

5.1                    Upon providing us with details of the Payment Card and submitting the Order you :

5.1.1       confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and

5.1.2       authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.

5.2           If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.

5.3           Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.

5.4           We will not pass your personal information on to any third party without your permission.  Unless solely due to our negligence we cannot be held liable for any losses you may suffer.  If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.

6.                       Delivery

6.1           Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form.  It is important that this address is accurate.  Please be precise about where you would like the Goods left if you are out when we deliver.  Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them.  Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.

6.2           We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date.  We cannot be held responsible for delays beyond our control.  If we are unable to make the delivery date we will contact you.  If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund.  If we are able to make delivery in advance of the given date we will contact you.

6.3           If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date.  In this instance delivery will be said to be made in instalments.  Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.

6.4           If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.

6.5           Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery.  If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.

7.                       Risk and property

7.1          As soon as we have delivered the Goods or services, you will be responsible for them.  If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.

7.2           Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods.  Goods supplied to you are not for resale.

8.                       Warranties and liability

8.1           Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee.  These are rights given to you by the manufacturer in addition to your statutory rights.  Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.

8.2           As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.  For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.

8.3                    IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS

You are asked to examine the goods as soon as reasonably possible after delivery.  Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specificationmust (whether or not delivery is refused by you) be notified to the company within 14 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.

8.4           Where a valid claim in respect of Goods delivered is notified to us within 14 days of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:

                        reject the Goods and receive a full refund;

                        or have the Goods (or the part in question) replaced free of charge.

Any claims made after 14 days of delivery or exceeding a reasonable time of discovery, we shall be entitled to either:

                        replace the Goods (or the part in question) free of charge or

at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.

8.5          Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our artists in circumstances where:

i)            there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

ii)           such loss or damage is not a reasonably foreseeable result of any such breach;

iii)           any increase in loss or damage resulting from breach by you of any term of this contract.

              In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.

8.6           Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.

8.7           We assume no responsibility for the contents of any other web sites to which this Web Site has links.

9.                       Right to Cancel

9.1           You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.

9.2           During the cooling off period any cancellation must be given by written notice by either party.

9.3           Goods must be returned complete and undamaged with all accessories.  The original packing must be returned in reasonable condition.

9.4           The right to cancel this contract will not apply in respect of:

Personalised Goods or Goods made to your specification

9.5           In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.

10.                    Communications

10.1                Any communication sent electronically by e-mail or otherwise:

10.1.1      will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

10.1.2      will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System  which is capable of access by the intended recipient;

10.1.3      will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

10.1.4      will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

10.2         To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.

11.                    General

11.1         Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

11.2         The clauses of these conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.

11.3         No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

11.4         If any provision of these conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

11.5         We will try and solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.

11.6       The headings in these conditions are for convenience only and will not affect their interpretation.