1. Introduction These terms and conditions (‘Terms and Conditions’) apply to the sale to you by the BEARSPACE (‘the BEARSPACE’) of any limited edition print or any other piece of artwork (the “Artwork”) by any artist (the ‘Artist’) either at the BEARSPACE’s premises or through its website.
2. Orders and Prices
2.1 In respect of an order made through the BEARSPACE’s website, the maximum order quantity for any one item is five. Select the number of items you wish to buy, then click on checkout and enter your personal details onto the form. Your order will then be sent to the BEARSPACE by e-mail. You can also order by telephone on +44 (0) 2086948097.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out.
3.1 Delivery of the Artwork shall be made by you collecting the Artwork from the premises of the BEARSPACE at the time of purchase or at any other date and time so agreed. Alternative delivery can be arranged on a case by case basis and delivery is free within the M25, subject to a suitable time being found for the buyer and BEARSPACE.
3.2 If you purchase the Artwork through the Internet or Mail Order, delivery will be made by BEARSPACE delivering the goods to the address specified in your order. Delivery will be made through Royal Mail Special Delivery (or alternative courier services if applicable) for UK orders and International courier services for non-UK orders. All delivery charges will be payable by you, unless the delivery address is within the M25 as we are please to offer free delivery. Please allow up to 21 days for delivery.
3.3 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the Royal Mail, or such other carrier as we may use.
3.4 Where you request for delivery other than in accordance with condition 3.1, the BEARSPACE shall be under no obligation under section 32 (2) of the Sale of Goods Act 1979.
4. Title and Risk Title and risk in the Artwork shall pass to you when the BEARSPACE has received the payment price for the Artwork in full, in cash or in cleared funds, whether or not delivery has been made. Upon such payment, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
5. Ownership of Copyright
5.1 The Artwork was produced with the intention that it will be sold exclusively through BEARSPACE. The Artwork may be resold, but that you agree to notify the gallery of the resale.
5.2 You may not produce any image or copy of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image or copy of the Artwork to any third party, including any internet website without prior consent by the artist.
5.3 The artist reserves the right to create print editions based on any original artwork sold including paintings, sculptures and drawings and other mediums.
5.4 The Buyer agrees to make the Artwork available to the Artist once in every twelve month period for a maximum period of six weeks for the purpose of inclusion in a public exhibition of the Artist's works, provided that the Artist gives the Buyer reasonable written notice of the Artist’s intention to do so together with documentary evidence of insurance cover and prepaid carriage to and from the exhibition (unless the Artist ensures that the exhibiting institution identifies the Artwork as belonging to the Buyer, and agrees to take full insurance for the exhibition).
5.5 If you breach any of your obligations set out under condition
5.6 you agree that the payment of damages alone may not be a sufficient remedy to compensate the BEARSPACE or the Artist for any such breach. We and/or the Artist may carry out all or any of the following actions:
5.7 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions; 5.6 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.8 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.9 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6.1 Data protection
6.2 By entering your email onto our mailing list or entering any details on this site, you confirm that you are aware of and consent to the use by BEARSPACE of any personal data within the meaning of the Data Protection Act 1998 and that BEARSPACE may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.
6.3 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with BEARSPACE and may be provided to any third party in a similar business to BEARSPACE.
6.4 You consent to the BEARSPACE revealing personal data to the Artist should you breach these Terms and Conditions.
7 Liability of the BEARSPACE
7.1 BEARSPACE shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of BEARSPACE, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of BEARSPACE under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.
7.2 The BEARSPACE does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
7.3 Rights of Third Parties No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
7.4 Cancellation rights. For online sales you have the right to cancel your contract at any time up to 14 working days after the day on which you receive the Artworks ordered, by giving notice of the cancellation by emailing or writing to us. For face to face sales through exhibitions or art fairs all works are non returnable. You must take reasonable care of the artworks, we will not accept damaged goods and they must be returned to us before we issue your refund, all costs of the return will be covered by you, at the following address: BEARSPACE, 152 Deptford High Street, London, SE8 3PQ
BEARSPACE will refund the full price you paid for the Artworks within 14 days of receiving the artwork back to the above address. Please note this does not apply to private artwork commissions, which are non returnable.
You may reserve an artwork for up to three months by paying a non- refundable deposit covering at least 25% of the total price.
8. Waiver No failure or delay by the BEARSPACE in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
9. Severance If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
10. Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts. Nothing contained in these Terms and Conditions affects your statutory rights.