TERMS & CONDITIONS

Emanuela-b 's website (our "Site") and related services are made available to you under this Terms of Service. ORDERS 1. PURPOSE AND EFFECT
1.1 These terms and conditions set out all the terms of the agreement other than price between you as buyer and us, Octavia Gallery, as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as "the work". We confirm that we either own the work or are authorised to sell it on behalf of the owner
1.2 The website, octaviagallery.com, is owned and maintained by Octavia Gallery and is subject to UK law.
1.3 If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed in writing.

2. STATEMENTS ABOUT THE WORK
2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion, which may take place subsequent to the sale.
2.2 Accuracy: we have made every possible effort to ensure that the content of octaviagallery.com is accurate and up to date. We reserve the right to amend any errors or omissions at our discretion and will endeavour to do so at the earliest opportunity. Artists’ particulars are provided by the artists themselves and we accept no liabilities for inaccuracies or misrepresentations in these details.
2.3 Copyright: all contents included on this site, such as text, images, and HTML is the property of octaviagallery.com, its owner and/or its artists, and any third party content is used by octaviagallery.com pursuant to express authorisation from copyright owners or their agents. All copyright, trademarks and other intellectual property rights in and relating to octaviagallery.com or its contents are vested in octaviagallery.com, its owner and/or its suppliers where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. It should be noted that all artists retain copyright in their own work.
2.4 Colour: please be aware that the colours and appearance of an original work may vary slightly from the way it appears on a computer screen. All images featured on the octaviagallery.com website have been photographed at a high resolution but are displayed on the website at a lower level to enable acceptable download times. Your individual computer monitor may show tones and colours which vary from the original tones and colours of the works displayed on the site. This is because individual computer monitors have individual settings and preferences over which we have no control.
2.5 Usage: All works are subject to our approval prior to them appearing on the live octaviagallery.com website and we reserve the right to edit or remove any item subsequently added. We make no representation that the operation of the octaviagallery.com website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. We make no warranties or representations about the compatibility of any computers you use to access the octaviagallery.com website.

3. RESERVATION OF A WORK
Octavia Gallery will reserve a work on receipt of written confirmation from the buyer stating:
(i) the details of the work being the name of the artist, title, date and medium as shown on the Octavia Gallery website
(ii) the name and address of the buyer
(iii) the name and address of the consignee
(iv) the delivery address
(v) the method of payment
(vi) further details as deemed necessary by the buyer
Octavia Gallery will confirm the reservation of the work subject to availability from which time the work will be reserved for 7 days.

4. PAYMENT OF PURCHASE PRICE
4.1 You must pay us the full price for the work, together with agreed delivery costs and any amounts payable to us under clause 7 below by bank transfer or such other methods as we agree. Payment has not been made until we have received cleared funds representing the full amount.
4.2 Payment terms will be as agreed with Octavia Galley prior to purchase.
4.3 If you fail to pay the purchase price in full within a 7 day reservation period the painting will be subject to availability.

5. COMMISSION PAYABLE BY OCTAVIA GALLERY TO THIRD PARTIES
If you have authorised, or appear to us to have authorised, a third party to negotiate the purchase of the work on your behalf, we may pay that third party a commission based on the value of the work. Details will be provided on request.

6. PASSING OF OWNERSHIP
You only will become the owner of the work when the purchase price is paid in full.

7. DELIVERY OF THE WORK AND PASSING OF RISK
7.1 Octavia Gallery will organise the shipment of the work to be dispatched with UPS or alternative shipping company if deemed preferable within 3 days of payment clearance at which time you will be given a date of arrival at the given consignee address. Special arrangements can be made if needed.
7.2 Octavia Gallery is held responsible for the delivery of the work and undertakes to fully insure against the risk of damage to it, theft or loss of it until the time you sign the shipping company delivery document.

8. EXPORT
8.1 If the work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union we will normally make appropriate arrangements for export and shipment.
8.2 If, contrary to our normal practice, we allow you to make arrangements for export of the work, you must comply with all requirements of HM Customs and Excise, the export licensing authorities and any other relevant official bodies and:
8.2.1 provide us with all the relevant documents showing proof of export; and
8.2.2 reimburse to us any sum claimed if any official body makes any claim against us for expenses or penalties resulting from your failure to comply with the relevant requirements for export and import.
8.3 In any event you will be responsible for paying any taxes, including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid, in the country of destination, whether on shipment, or on import or at any other time.
8.4 Unless otherwise agreed in writing, the sale of the work is not dependent on either us or you obtaining an export licence.

9. RETURN AND REFUND POLICY
Octavia Gallery offers a 7 day return and refund policy
9.1 Should you be able assure beyond reasonable doubt that the details and image of the work as shown on the Octavia Gallery website do not meet with the work received, you must notify Octavia Gallery hereof within 7 days of your receipt of the work. Under such circumstances Octavia Gallery will organise the return shipment of the work and cover all shipping charges for the delivery and the return of the work.
9.2 If you are not happy with the work you have received we will accept its return provided that it is in perfect condition as it left the gallery. Please contact Octavia Gallery and we will organise the return shipment in liaison with you and UPS or alternative shipping company if deemed preferable. The work will be examined when returned to Octavia Gallery and subject to our satisfaction that it is in perfect condition as it left the gallery a refund will be made. The return shipping costs will not be refunded. The shipping costs will be paid by the buyer and will be deducted from the cost of the refund.
9.3 Damaged work of art: If the delivered work is damaged in any way, you must inform us immediately in order for us to assist you and to be able to claim against our delivery insurance. Details of damage caused in transit should be noted by you on the shipping company delivery document at the time of the receipt of the work.

10. REFUND POLICY
A full refund for the work and shipping costs will be granted for:
10.1 Work returned under the terms of clauses 10.1. and 10.2.
10.2 Work received damaged under clause 10.3. You must prove the damage to Octavia Gallery by means of photos or return of the work.
10.3 Work not received due to an error on Octavia Gallery’s part. The full refund will be granted within 14 days of your notification to clauses 10 and 11.

11. LIMIT OF LIABILITY
The maximum liability for any loss arising due to our negligence will be limited to a sum equal to the value of the payment received for the work.

12. LIMITATION OF OUR LIABILITY
Any claim against us must be brought within 6 years from the date of the invoice for the work or, if we have been guilty of any fraud or deliberately concealed a relevant fact in relation to the work, within 6 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods.

13. NOTICES
Any notice to be given to us or that we must give to you in connection with the sale of the work must be in writing and must be sent by post, or delivered by hand, to our Bath address or to your last known address as the case may be.

14. LAW AND JURISDICTION

14.1 These terms and conditions are to be construed and take effect in accordance with English law.
14.2 If you are purchasing the work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute. If you are not purchasing the work as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute.

16. SEVERABILITY
If any part of these terms is found to be invalid, unlawful or unenforceable by any Court or other competent authority, it will not affect the remaining terms, which will continue to be valid and enforceable.

17. CHANGES TO THE TERMS & CONDITIONS
We reserve the right to change the Terms & Conditions from time to time, and post a new version on our website. The new version will take effect from the time of posting on the site.
Revised: May 13, 2010