Terms & Conditions of Supply of Products
Important Legal Notice
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website www.eanthonyorme.co.uk and www.eanthonyorme.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clause’s 9 and 11.
1. Information about us
1.1. eanthonyorme is a site operated by Rome Fine Arts Ltd (“We”). We are registered in England and Wales under company number 4486070 and with our registered office at 284 Stand Lane Radcliffe, Manchester, M26 1JE.
Our email address is: email@example.com
2. Service availability
2.1. We only accept orders from individuals in the UK, European Economic Area ("EEA") (the "Serviced Countries") Australia and the USA. Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our FAQ page.
3. Your Status
By placing an order through our site, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are at least 18 years old; and,
3.1.3. You are resident in one of the Serviced Countries.
4. How the contract is formed between you and us
4.1. 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. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
4.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
4.3. If you make a mistake with your order, you will be unable to amend your order if it has been processed. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
4.4. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5. Consumer rights
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
6. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Price and payment
7.1. The price payable for the Products shall be as shown on the Website. Prices advertised on the Website exclude delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
7.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
7.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.
7.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
7.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT and MASTERCARD. We also accept payments via PAYPAL.
7.7. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
7.8. Only one promotion code can be used per order.
8. Our refunds policy
8.1. For details on refunds, please refer to our FAQ page.
9. Our liability
9.1. If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
9.1.1. make good any shortage or non-delivery or incorrect delivery; or
9.1.2. replace or repair any Products that are damaged or defective; or
9.1.3. refund to you the amount paid by you for the Products in question.
9.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
9.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
9.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
9.5. Nothing in this contract shall exclude or limit your statutory rights.
10. Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
You agree to indemnify, defend and hold harmless Rome Fine Arts Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
12. Import Duty
12.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Email/SMS communications
14.1 Registered users who opt in to receive email/SMS communications and users who sign up to receive our newsletters may unsubscribe from these communications at any time by:
• Unchecking the relevant boxes within the 'My Account' section of the website
• Clicking the ‘unsubscribe’ links contained in every email we send (will unsubscribe you from email only)
• Contacting the Customer Services team on email at firstname.lastname@example.org
All notices given by you to us must be given to us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
16.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
17.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1. Strikes, lock-outs or other industrial action.
17.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5. Impossibility of the use of public or private telecommunications networks.
17.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
17.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
19.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
20. Entire agreement
20.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
21. Our right to vary these terms and conditions
21.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
21.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
23. After-sale service
23.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to firstname.lastname@example.org
23.2. If you have any complaints these should be addressed to email@example.com
Terms & Conditions of Use
Important Legal Notice
These terms and conditions apply to the entire contents of the website under the domain name eanthonyorme ("Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website.
Your attention is in particular drawn to paragraphs 7 and 8 of these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Your use of this Website
1.1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3. We reserve the right to vary these terms and conditions at any time without notice. If so, the updated version will be posted on the Website and you will bound by the updated version if you continue to use the Website thereafter. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
2.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us, our licensors, advertisers or content suppliers. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.
You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal and non-commercial use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Website.
Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use this Website automatically terminates.
E.Anthony Orme Gallery is a trade mark. No license or consent is granted to you to use these marks in any way, and We reserve all rights in these and any related marks. You agree not to use these marks or any marks, which are colourably similar.
2.2. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system without our permission.
2.3. Any rights not expressly granted in these terms are reserved.
3. Service access
3.1. While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2. We give no warranties as to the availability, performance or accessibility of the Website.
3.3. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
4. Links and Advertisements
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
• We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.
If you would like to create a link to this Website, you may only do so with our prior written consent.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords rests with you.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the services provided on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
7.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. Nothing in this legal notice shall exclude or limit Rome Fine Arts Ltd liability for:
7.2.1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
7.2.2. fraud; or
7.2.3. misrepresentation as to a fundamental matter; or
7.2.4. any liability which cannot be excluded or limited under applicable law.
7.3. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless Rome Fine Arts Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Rome Fine Arts Ltd may at any time terminate or suspend any part of the Website without notice to you.
10. Governing law and jurisdiction
10.1. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
Using this Website indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not use this Website.
The content, design and layout of the "E Anthony Orme Gallery" website is protected by National and International copyright laws and may not be reproduced other than when downloaded and viewed on a single PC for private use only.
Opinions expressed on this web page are those of the authors, and do not represent the views of E Anthony Orme Gallery. Every effort has been made to ensure information in this website is accurate and accessible to all. E Anthony Orme Gallery reserves the right to amend information at any time. E Anthony Orme Gallery strives to protect the integrity of its computer files and anything available for download from this site has been virus-checked. However, there is always a risk attached to downloading files from the Internet. Please ensure that anything downloaded from this site is virus-checked. E Anthony Orme Gallery accepts no liability for any loss or damage caused by the downloading of files from the Internet or their use.
We do not warrant that the functions contained and the material contained in this website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of this website.