Welcome to the newportstreetgallery.com website (the “Website”).
We are Victor Mara Limited, a company registered in the UK, registration number 9474693 with our registered address at 13 - 14 Welbeck Street, London W1G 9XU.
Victor Mara Limited (“we”, “us” or “our”) provides the products and services available on the Website. Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions which form a contract between you and us.
2 Use of the Website
About the Website
We endeavour to ensure that the availability of the Website will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website or parts of it may occasionally be suspended or restricted to allow for repairs, updates, maintenance or the introduction of new facilities.
To be eligible to order products on this Website and lawfully to enter into and form contracts on this Website for the purchase of such products under English law you must:
register to use the Website;
be 18 years old or older;
be the holder of a valid debit/credit card; and
You warrant that the personal information which you are required to provide when you register to make an order is true, accurate and current in all respects. If your personal information changes then please notify us immediately by updating your information through the prompts on the Website.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
The contract between you and us shall be concluded in English.
3 Placing an order
You place your order request for products from the Website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website. If you create a personal user account, your address data will be saved for future purchase orders.
Once you have placed your order, we will send to you an acknowledgement by email providing you with a customer order number and the value of your order which has been debited to your credit/debit card. This is not an order confirmation or order acceptance from Victor Mara Ltd.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have despatched the products ordered by you. We will also send you a separate email following the despatch email which acts as a VAT invoice and receipt.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. From our acceptance of your order, please allow 28 days for delivery (although delivery of personalised items such as framed prints may take longer (see Delivery section here)). If delivery is delayed by any event outside our control, we will contact you as soon as possible to let you know. Provided we do this, we will not be delay for delays caused by the event.
If you do require any information regarding your order(s) please email email@example.com.
We may choose not accept your order for any reason whatsoever, including if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time prior to our acceptance of your order.
If we do not accept your order following our order acknowledgement, we will contact you by email, post or telephone advising you of this. In such cases, we will refund to you any amounts already paid by you.
4 Description of Products and Accuracy of Information
We have a legal duty to supply products that are in conformity with this contract. We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colours as they appear on-screen may not be representative of the colours as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colours, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free.
We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above. Price is subject to increments without notice as the edition sells through.
5 Passing of Property
We will retain the legal ownership of the products until full payment has been made by you, such payment has been received by us and we have accepted your order. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
Risk in the products will pass to you on delivery to you.
Upon delivery of the products by us you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and you return the products (if applicable) in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection by you of the products at a later date.
If when an order is received you do not receive the entire order as detailed in the order confirmation email sent to you, please email firstname.lastname@example.org.
Your statutory rights are not affected.
8 Cancellations and Returns Procedures
Please note that if, for any reason, you wish to cancel your order and/or return a product purchased from us you may do so at any time prior to delivery of your order or within 14 days after delivery having been made (starting with and including the day after you receive the products). To exercise this right you must give us notice by email before the end of the 14 day period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us, except for personalised products (such as prints framed to your specification) and any digital items, for which the right will apply only where there is a material error on our part or a product is damaged or defective.
Please note, all signed books are non-returnable and non-refundable.
Should you wish to cancel your order before it has been despatched, please email email@example.com providing your customer order number and the date on which your order was placed. You may also use the cancellation form here, but it is not obligatory. We will process any applicable refund in these circumstances as soon as we are able.
Orders are generally processed immediately (although please do allow 28 days for delivery once we have accepted your order, as referred to above) so we may have already prepared your order and arranged for it to be despatched (if it has not already been despatched) by the time we receive notice of your intention to cancel. As a result, we may not be able to stop the order from being sent to you. If this is the case, once you receive the products you will have to return them to us in accordance with the following returns procedure, which also applies generally to products which you have received and you would like to return:
Returns - Step 1.
Email firstname.lastname@example.org within the above time limits providing full details of the customer order number and the products to be returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limit shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned products which have been personalised, unless there is a material error on our part or the product is damaged or defective, or which we reasonably believe have been used.
Returns - Step 2.
Once you have contacted us and have received a returns number, please complete the Returns Form we have provided, including a brief description of the products being returned, original customer order number and returns number. Please retain the Customer Copy of the Returns Form for your records.
Returns - Step 3.
Return the products, properly and securely packaged, to the following address by recorded delivery within 14 days of cancellation:
Victor Mara Ltd, Units 4 & 5, Cotswold Buildings, Barnwood Road, Corinium Avenue, Gloucester GL4 3HX
You must take reasonable care to ensure returned products are received by us and are not damaged in transit, bearing in mind the nature and value of the product. Victor Mara Ltd accepts no liability if you return products by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, Victor Mara Ltd accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used. Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form and the original despatch note which was included in the delivery to you.
You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery.
Returns - Step 4.
You are entitled to reject the products if there is a material error on our part or because any product is damaged or defective and we will refund you:
the price you paid for the products which you have returned to us (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge); and
the return recorded delivery costs for the return carriage of the product from the original delivery point to Victor Mara Ltd (provided that you enclose a valid till receipt indicating such return recorded delivery costs).
In all other instances, if you return products in accordance with our above returns procedures then we will refund you the price you paid for the products that you have returned to us (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge), but we will not refund the return recorded delivery costs for the return carriage of the products to our Returns Department.
Please note that we cannot accept returned products that are not in their original condition and in their original packaging, or which we reasonably believe have been used. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products.
Returns - Step 5
We will process the applicable refund and notify you by email when your refund has been processed.
We will so process the returned products and any applicable refund within 14 days after the day on which we receive the returned products or (if earlier) the day on which you provide us with evidence of your having sent the products back in accordance with these Terms and Conditions. Victor Mara Ltd will not be liable for any damage whatsoever to the returned products occurring prior to their being received by us. We may make deductions from the refund due to you for any loss which is the result of unnecessary handling by you. If we make the refund to you before we are able to inspect the goods and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.
We will refund any such applicable refund by crediting your credit/debit card (as applicable).
If you cancel your order but do not return such products to us within 21 days we shall be entitled to recover such products from you and to charge you for the direct costs of recovering such products. You should note that these charges (which may be deducted from any refund) could be greater than the cost of you returning the products to us and may exceed the price you have paid for the products. Until such products are returned to us, you are obliged to exercise all reasonable care to store the products safely and in appropriate conditions.
Your statutory rights remain unaffected by our Cancellation and Returns Procedures.
Any products and services, and any samples thereof, we may provide to you are for personal, non-commercial use only. You may not sell or re-sell for commercial purposes any of the products or services, or any samples thereof, that you receive from us. Note further that any samples which may be provided may not necessarily be fully representative of the products they are intended to represent.
11 Intellectual Property
All content available on the Website and/or forming part of or on the products depicted or made available by means of the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Victor Mara Ltd, our affiliates, our partners or our licensors, and is protected by UK and international copyright and other similar laws.
The names (including any artists’ names), trade marks, logos, and service marks displayed on the Website and/or forming part of or on the products depicted or made available by means of the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Victor Mara Ltd, our affiliates, our partners or our licensors, in the UK and other countries, and are protected by UK and international trade mark and similar laws. All other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the Limited Licence section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website made available may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
12 Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal, non-commercial use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this section does not include the right to:
modify or download the Website or its contents (except caching or as necessary to view content);
make any use of the Website, the products depicted or made available by means of the Website or their Content other than personal, non-commercial use;
create any derivative work based upon either the Website, the products depicted or made available by means of the Website or their Content;
collect account information for the benefit of another party;
create any hypertext link to any part or parts of the Website;
use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or
use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Without prejudice to any other remedy provided by applicable law:
any unauthorised use by you of the Website or any use that is contrary to or in breach of these Terms and Conditions terminates the limited licence set forth in this section;
you must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
you must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
you must not use the Website to send, use or reuse any material that is illegal, offensive, abusive, distasteful, defamatory, obscene, indecent, blasphemous, offensive, menacing or controversial, or which infringes any party’s intellectual property rights or right to privacy, or which constitutes or contains software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam”, or which is for any campaigning or annoys, inconveniences or causes any needless anxiety.
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates, our partners or our licensors of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
16 Representations and Warranties and Limitation of Liability
The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any:
interruption of business;
access delays or access interruptions to the Website;
data non-delivery, misdelivery, corruption, destruction or other modification;
loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website;
computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
any inaccuracies, omissions or misleading, false or deceptive statements in the content; or
events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits or loss of expectation or loss of business opportunity) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds sterling (GBP£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website outside of and/or in breach of these Terms and Conditions.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any products from Victor Mara Ltd shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our (or any of our affiliates’, our partners’ or our licensors’) intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Victor Mara Ltd shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate or suspend any of the rights granted by these Terms and Conditions (including without limitation your use of any password provided to you) and/or your access to this Website or any part thereof. You shall comply immediately with any termination, suspension or other notice, including, as applicable, by ceasing all use of the Website (including without limitation your use of any password provided to you). All liability of Victor Mara Ltd (and its affiliates’, its partners’ or its licensors’ liability) as a result of such termination or suspension is hereby excluded to the fullest extent permissible by law.
We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from the Website at any time and/or remove or edit any materials or content (including without limitation any Content) on the Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content (including without limitation any Content) on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please email email@example.com.
20 Governing Law and Jurisdiction
Your use of this Website and any purchase by you of any products from Victor Mara Ltd shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.