PH Gallery Terms and Conditions – Consumer
These Terms for Consumers, together with any and all other documents referred to herein, set out the terms under which Users (“Consumers”) buy from Members on Our Online Gallery Shop. Please read these Terms for Consumers carefully and ensure that you understand them before purchasing anything on Our Online Gallery Shop. You will be required to read and accept these Terms for Consumers when creating an Account for Consumers. If you do not agree to comply with and be bound by these Terms for Consumers, you will not be able to purchase anything on Our Online Gallery Shop.
1. Definitions and Interpretation
1.1 In these Terms for Members, unless the context otherwise requires, the following expressions have the following meanings:
||means a User who makes a purchase on Our Online Gallery Shop;
||means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
||means a listing on Our Online Gallery Shop advertising an item or items for sale;
||means a User who sells on Our Online Gallery Shop;
|“Online Gallery Shop”
||means Our platform for Consumers and Members on Our Site;
||means this website, www.phmedia.com
||means the payment service provided by Stripe
|“Third Party Payment Service Provider”
||means a user of Our Site;
||means any Content added to Our Site by a User;
||means PH Media Limited, a limited company registered in England under company number 05196769 whose registered address is Victoria Square, Roche, St. Austell, Cornwall PL26 8LQ
2. Information About Us
2.1 Our Site is owned and operated by PH Media Limited, a limited company registered in England under company number 05196769 whose registered address is Victoria Square, Roche, St. Austell, Cornwall PL26 8LQ.
2.2 Our VAT number is 841976494
2.3 We are a member of BPIF and Fine Art Trade Guild.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Consumers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
You may only make purchases on Our Online Gallery Shop if you are at least 18 years of age.
5. Our Online Gallery Shop
After placing an order, you will receive an e-mail from Us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or products. The contract between us will only be formed when we initiate the printing process, at which point the order cannot be changed or cancelled.
6. Intellectual Property Rights
6.2 Consumers must, at all times, respect the intellectual property rights of our Members on Our Online Gallery Shop. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
7. Consumer Rules and Acceptable Usage Policy
7.1 When using Our Online Gallery Shop, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Online Gallery Shop in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Online Gallery Shop to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Online Gallery Shop in any way, or for any purpose, that is intended to harm any person or persons in any way; and
7.1.5 you must always provide accurate, honest information to Members on Our Online Gallery Shop.
7.2 When otherwise using Our Online Gallery Shop, you must not submit anything, or do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Online Gallery Shop if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Consumers. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Online Gallery Shop;
7.3.2 issuing you with a written warning;
7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Consumers.
8. Purchasing from Us
8.1 When making a purchase from the Online Gallery Shop, you expressly agree that:
8.1.1 You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Member;
8.1.2 You will pay for the item(s) purchased in full via Our Payment Service, details of which are provided below in Clause 9; and
8.1.3 You have provided complete and accurate delivery details to Us.
9. Payment Service
9.1 All Payments on Our Online Gallery Shop are made through the Payment Service provided by Stripe Our Third Party Payment Service Provider.
9.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Online Gallery Shop with the Third Party Payment Service Provider.
9.4 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
10.1 We will ship items to you as soon as is reasonably possible upon receipt of payment, taking into account the nature of the item(s) in question, preparation time and, where relevant, printing time (if items are made to order). Unless a Listing states otherwise We will endeavour to dispatch items no later than 30 calendar days after the date on which the Sale takes place.
10.2 As stated in sub-Clause 8.2.3, you must provide complete and accurate delivery details to us. We are responsible for ensuring that we use the delivery address exactly as you provide it to us, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not Ours.
10.3 Full details of delivery options and charges are displayed on our Site and during the order process.
10.4 Once an item has been dispatched to you, we will inform you that it has been dispatched.
11. Your Rights to Cancel and Return Items
11.1 As goods sold through Our Online Gallery Shop are printed to order, the “cooling off” period as set out in the EU Consumer Rights Directive does not apply.
12. Problems with Transactions and Your Rights
12.1 By law, We must provide goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information that we, on behalf of the Member has provided to you, and that matches any samples or models that the Member has shown to you (unless the Member has made you aware of any differences).
12.2 If items do not conform with the requirements outlined in sub-Clause 12.1 and, for example, have faults or are damaged when you receive them, you must contact Us as soon as reasonably possible to inform Us of the problem. The following remedies will be available to you:
12.2.1 Beginning on the day that you receive the item(s), if the item(s) is/are goods, you have a 30 calendar day right to reject them and to receive a full refund if they do not conform.
12.2.2 If you do not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. We must bear the costs and must carry out the repair or replacement within 14 days following the receipt by Us of evidence of the damaged goods. If either a repair or a replacement is impossible or disproportionately difficult, We may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
12.2.3 If, after a repair or replacement, the item(s) still do not conform (or if We cannot repair or replace it/them, as described above, or if We have failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.
12.3 If you exercise your final right to reject the item(s) more than two months after receiving it/them, We may reduce any refund to reflect the use that you have had out of it/them.
12.4 Please note you will not be eligible to claim under this Clause 12 in the following circumstances:
12.4.1 We inform you of any fault(s), damage, or other problems with the item(s) before you purchase them and it is because of that/those same issue(s) that you subsequently wish to return them;
12.4.2 you have purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the item(s) for that purpose; or
12.4.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
12.4.4 The costs of returning items to Us should be covered by Us, reimbursing you where necessary.
12.5 Refunds (whether full or partial, including reductions in price) under this Clause 12 must be issued within 14 calendar days of the day on which the We agree that you are entitled to a refund.
12.6 Any and all refunds under this Clause 12 must include all delivery costs paid by you when the item(s) was/were originally purchased.
12.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
13. Further Transaction Cancellation Rights
13.1 We have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
13.1.1 You and Us have mutually agreed to cancel the transaction before the item(s) is/are printed;
13.1.2 You and Us have mutually agreed to cancel the transaction following receipt by you of the item(s) and you have returned the item(s) to Us;
3.1.3 You have failed to pay;
13.2 Refunds must be made within [14 days] of:
13.2.1 the date on which you and Us agree the cancellation, under sub- Clauses 15.1.1 and 15.1.2; or
13.2.2 the date on which We inform you that they are cancelling the transaction, under sub-Clauses 15.1.3 and 15.1.4.
14. Our Liability to You
14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Consumers or as a result of Our negligence.
14.2 Subject to sub-Clause 14.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.3 Nothing in these Terms for Consumers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
14.4 Nothing in these Terms for Consumers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01726 891111 by email at firstname.lastname@example.org]or by post at Victoria Square, Roche, St. Austell, Cornwall PL26 8LQ.
16. Data Protection
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms for Consumers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Consumers will not be affected and Our obligations under these Terms for Consumers will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) your obligations and rights under these Terms for Consumers without Our express written permission.
17.3 If any of the provisions of these Terms for Consumers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Consumers. The remainder of these Terms for Consumers shall be valid and enforceable.
17.4 No failure or delay by Us in exercising any of Our rights under these Terms for Consumers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Consumers means that We will waive any subsequent breach of the same or any other provision.
17.5 We may revise these Terms for Consumers from time to time in response to changes in relevant laws and other regulatory requirements.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 As a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.