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Disclaimer

1. DEFINITION

Buyer
means the person who buys or agrees to buy a Poster or Posters from the Gallery;

Conditions
means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by the Gallery;

Poster(s)
means the vintage posters which the Gallery is prepared to offer for sale from time to time and which are included in the Catalogue;

Quotation
means the price for Poster(s) together with VAT and the cost of packaging, insurance and delivery;

Gallery
means The Reel Poster Gallery of
72 Westbourne Grove, London W2 5SH;

Catalogue
means the catalogue of the Gallery's Posters accessible on the Gallery's Website or available in hard copy from the Gallery;

Website
means the Gallery's Internet website located at http:// www.reelposter.com;

2. CONDITIONS APPLICABLE

2.1 All Contracts for the sale of Poster(s) are subject to the following express Conditions. No addition to or variation of these Conditions shall apply unless expressly agreed in writing by a duly authorised representative of the Gallery.

2.2 Acceptance of the Gallery's Quotation shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions

3. PRICE AND PAYMENT

3.1 The prices of Posters are available from the Gallery by requesting a Quotation from the Website section marked "Quotation requests"

3.2 The sale price in the Quotation is exclusive of VAT, (which shall be due at the rate ruling on the date of the Gallery's invoice) packing, insurance and carriage all of which shall be separately itemised on the Quotation.

3.3 On receiving a request for a Quotation the Gallery will then supply the Quotation by the method requested (either e-mail, fax or post). Faxed and e-mailed Quotations will be confirmed in writing.

3.4 On receiving a Quotation, if the party wishes to purchase the Poster(s) they must confirm this to the Gallery. Quotations are open for acceptance for a period of 28 days from date of issue.

3.5 Payment in full is due on acceptance by the Buyer of the Quotation. The Gallery shall not be obliged to deliver the Poster(s) until payment in full and cleared funds has been received (including VAT, packing, insurance and delivery charges).

4. THE POSTERS

4.1 The available Posters are described in the Catalogue which can be accessed through the "Catalogue" section of the Website. The inclusion of Posters in the Catalogue does not constitute an offer to sell.

5. WARRANTY

5.1 Subject to clauses 5.2, 5.3 and 5.4 the Gallery warrants that the Poster(s) will at the time of delivery correspond to the description included in the Catalogue. Such information is given in good faith but its accuracy cannot be guaranteed.

5.2 Due to reproduction on the Website the Seller makes no warranty that the colour of the Poster(s) as shown in the Catalogue will be the same as the actual colour of the Poster(s) supplied.

5.3 Due to normal ageing, the Seller makes no warranty that the colour of the Posters as shown in the Catalogue or the colour of the actual Posters supplied is the same colour as they were when originally printed.

5.4 All Posters are believed to be original and due allowance must be made for their age which may be reflected in minor defects. Nothing in the Conditions or the inclusion of the Posters in the Catalogue nor the sale of any Poster should be interpreted as granting any assignment, licence or other transfer of any intellectual property rights in the Posters. The Gallery does not have the right and does not purport to transfer any intellectual property rights in any Poster to the Buyer or anybody obtaining or accessing the Catalogue. Downloading or other copying of any Poster from the Catalogue or otherwise is strictly prohibited.

5.5 Except as expressly provided in these Conditions all conditions, warranties or representations, express or implied, statutory or otherwise, relating to the condition or quality of the Poster(s) are hereby excluded to the fullest extent permitted by law.

6. DELIVERY

6.1 Delivery of the Goods shall be made to the Buyer's delivery address. The Gallery will use all reasonable endeavours to deliver the Poster(s) within 30 days of acceptance of a Quotation.

6.2 The Buyer shall make all arrangements necessary to take delivery of the Posters whenever they are tendered for delivery.

7. OPTIONS TO RETURN POSTERS

7.1 The Buyer is entitled to return the Posters and to receive a full refund from the Gallery on returning the Posters to the Gallery within 28 days of the actual delivery date provided the Posters have not been damaged while in the Buyer's possession and are returned in the condition they were supplied. The Buyer shall be liable for the cost of returning the Poster(s) to the Gallery in London.

8. TITLE AND RISK

8.1 Risk in the Poster(s) purchased shall pass to the Buyer on delivery to the Buyer's delivery address.

8.2 Title to the Poster(s) purchased shall remain with the Gallery until payment in full has been made by the Buyer.

8.3 If payment in full is not made in accordance with this Agreement within 28 days of the Quotation being accepted by the Buyer the Gallery shall be entitled to treat the contract as cancelled and sell the Poster(s) to a third party.

9. LIABILITY

9.1 The maximum liability of the Gallery howsoever arising from or in connection with the sale or offer to sell Posters (whether for breach of contract, negligence, misrepresentation or otherwise) shall not in any circumstances exceed the sums paid for or in respect of the Poster(s) in respect of which the liability arises.

9.2 The Gallery shall not be liable for delay in or failure to perform obligations if that delay or failure is caused by circumstances or events beyond its reasonable control.

10. MISCELLANEOUS

10.1 If and to the extent that any provision of this Agreement is illegal, void or unenforceable for any reason, the remaining provisions or parts of the relevant provision (as the case may be) shall remain in full force and effect and this Agreement shall then be construed with such amendments as are necessary in order to make the provision valid and enforceable to achieve so far as possible the original intention as set out herein.

10.2 Clause headings are inserted for ease of reference only and shall be ignored in interpreting or construing these Conditions.

10.3 These Conditions and all contracts for the sale of Posters shall be governed and construed in accordance with the laws of England and the parties hereto hereby submit to the non- exclusive jurisdiction of the English Courts.

 

 

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