Terms and Conditions

  1. Introduction
    1. The Websites talbotsculpture.com and calkengallery.com are owned by Calken Galleries Ltd – (company number: 07420847; registered office: 11 Kingfisher Business Park, Arthurs St, Lakeside, Redditch, Worcs, B98 8LG, UK). Your use of these Websites and any purchase contract resulting from that use or arrived at through other means is governed by these Terms and Conditions.
    2. These Terms and Conditions govern your relationship with us and apply to all quotations, offers, orders and contracts for sale of Goods. Please ensure that you read these Terms and Conditions carefully, and check that the details on any quotation, offer, order or contract and in these Terms and Conditions are complete and accurate. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion.
    3. In these Terms and Conditions, unless stated otherwise:“Buyer” or “you” – means the purchaser of the Goods from Calken Gallery;
      “Seller”, “we”, “us” or “Calken Gallery” – means Calken Galleries Limited, a company registered in England and Wales under company number 07420847and with registered office at 11 Kingfisher Business Park, Arthurs St, Lakeside, Redditch, Worcs, B98 8LG.
      “Goods” – means the items to be sold to the Buyer by Calken Gallery, either all or part of them as set out in the written invoice issued by Calken Gallery pursuant to clause 2.2;
      “Order” means the Buyer’s Order for Goods or services
      “Price” means the price together with postage and packing in force at the date and time of the Order
      “Terms and Conditions” – means the terms and conditions set out in this document.
    4. The Terms and Conditions constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements and understandings, whether oral or written.
    5. No change or modification of the Terms and Conditions (including change orders) is valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES.
    6. If any provision of this Agreement shall be held by a court of competent jurisdiction or a regulator to be invalid or voidable such provision shall be struck out and the remainder shall stand in full force and effect.
    7. The headings to Clauses are for ease of reference only and shall not affect their interpretation.
      The Terms and Conditions are governed by the laws of England (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect and performance and both parties agree to the exclusive jurisdiction of the English courts.
    8. The Terms and Conditions may be executed in two or more parts, each of which shall be deemed an original but all of which together shall be one and the same instrument.
    9. Nothing in these Terms and Conditions affects the statutory rights of any consumer.
    10. If Calken Gallery fails, at any time while these Terms and Conditions are in force, to insist that the Buyer performs any of its obligations under these Terms and Conditions, or if Calken Gallery does not exercise any of its rights or remedies under these Terms and Conditions, that will not mean that Calken Gallery has waived such rights or remedies and will not mean that the Buyer does not have to comply with those obligations. If Calken Gallery does waive a default by the Buyer, that will not mean that it will automatically waive any subsequent default by the Buyer. No waiver by Calken Gallery of any of these Terms and Conditions shall be effective unless it expressly says that it is a waiver and it tells the Buyer so in writing.
    11. A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
  2. Order
    1. Any offer, order placed, or acceptance of a quotation made by the Buyer will be deemed an offer to purchase the Goods governed by these Terms and Conditions.
    2. No offer, order, or acceptance of a quotation will be deemed a binding agreement of sale until confirmation with a written invoice has been issued by Calken Gallery. Upon confirmation, these Terms and Conditions (as they may be amended by Calken Gallery from time to time) form a binding agreement between the Buyer and Calken Gallery.
    3. Any Goods or services not confirmed by written invoice issued by Calken Gallery are deemed additional work and must be agreed in writing signed by both parties. These Terms and Conditions are applicable to any additional work or additional sales to the Buyer by Calken Gallery.
  3. Purchase Price and Payment Methods
    1. The purchase price shall be the price offered by Calken Gallery and confirmed to the Buyer by written invoice issued by Calken Gallery.
    2. All prices are inclusive of VAT based on UK VAT rate of 20% for all purchases to be delivered within the European Union (EU). Goods delivered outside the EU will not be charged any VAT/Sales Tax.
    3. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent including any import tax and duty charges.
    4. The purchase price includes the cost of packaging, delivery and VAT (where appropriate).
    5. Payments shall be made in the currency specified in the invoice and the agreed price is due in full at the time the offered price is accepted and confirmed by invoice, unless agreed otherwise in writing.
    6. Ownership (legal title) of the product will not pass to Buyer until the accepted and confirmed price is paid in full by the Buyer and received by Calken Gallery in cleared funds.
    7. Late Fees. Any payment not paid in full as per the Terms and Conditions will be subject to interest assessed on funds due at 3 percent per annum over the Royal Bank of Scotland base rate from time to time.
  4. Goods
    1. The Goods to be delivered shall be specifically described in the written invoice provided by Calken Gallery.
    2. In the event the specific Good is not available as of the date the order is confirmed by written invoice, Calken Gallery agrees to source Goods of similar or greater quality.
    3. In the event Calken Gallery cannot source Goods acceptable to the Buyer because the ordered Goods are not available, the Buyer will have 7 days to provide written notice to cancel the order. Calken Gallery will, upon receipt of such notice, refund moneys paid in full.
    4. The Buyer agrees and acknowledges that all specifications and advertising issued by Calken Gallery and any descriptions or illustrations contained in Calken Gallery marketing materials are provided for the sole purpose of giving an approximate idea of the Goods described in them. Calken Gallery is not bound by such descriptions which do not form a part of these Terms and Conditions, nor are they a part of the sales agreement and this is not a sale by sample.
    5. The Goods shall arrive securely and professionally packed in wooden crates or reinforced cartons for maximum security of the items. You MUST retain the packaging for up to 28 days in case you decide to return the Goods.
  5. Product Delivery
    1. Unless otherwise agreed by the parties, delivery of the Goods shall be to the Buyer’s home or business address.
    2. The client acknowledges that the Goods are unique, rare and of high value and that the value of the Goods can be reduced by merely handling the Goods.
    3. Calken Gallery will make its best effort to deliver the Goods by the agreed date or within a reasonable time if no dates are stated. All delivery dates are estimates only and time of delivery is not of the essence.
    4. The Buyer or the person that takes delivery of the Goods must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document by the receiving party will constitute conclusive evidence against the Buyer of delivery and receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, damage must be noted on the courier delivery note and a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
    5. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
    6. Risk of loss or damage to the Goods passes to the Buyer upon delivery.
    7. Where the Buyer requests that the Goods be placed directly in the safe custody of another party on behalf of the Buyer, delivery shall be deemed to take place on the date the Goods are transferred into safe custody.
    8. If the parties agree that the Buyer shall arrange their own courier to collect from Calken, then the Goods shall be deemed to be delivered on the date confirmed by the Buyer or their courier, or if sooner, 3 days from the date the courier collects from Calken.
    9. Where the Buyer requests at the time of purchase, that the Goods are stored “In Bond” outside of the United Kingdom, the Buyer understands that should they wish to import the Goods into the European Union they are liable for any import taxes / VAT chargeable by any customs authority for the importation of the Goods into any member country of the European Union.
  6. Returns, Refunds, Exchanges and Cancellation
    1. The Buyer’s statutory right to cancel a contract starts from the date of the written invoice issued by Calken Gallery pursuant to clause 2.2 (when the contract between Calken Gallery and the Buyer is formed). If the Goods have been delivered to the Buyer, the Buyer may cancel at any time within 14 days, starting from the day the Buyer receives the Goods.
    2. The Buyer shall have the right to lodge a request to return the Goods within fourteen days of Receipt for an exchange or refund at his/her preference for any reason provided a written notification (by registered post, or confirmed email) is given to Calken within the fourteen days. The following procedure MUST be followed:
      1. You must include in your email/letter – Your name; the name of the Goods you wish to return or exchange; the invoice number or order number; your reason for returning the Goods (which can be any reason); the item you would like in exchange or that you would like a refund.
      2. You must then wait for an acknowledgement email from us, confirming the return, which may take up to 72 hours. In this acknowledgment we will confirm the return arrangements.
      3. You must pack the Goods securely in the original packaging taking great care not to cause any damage.
      4. Calken will arrange collection of the Goods with you and our courier. You will be asked to select a pickup day that must be within 14 days of your request to return the Goods. The Goods must be available for collection at any time in the day selected from 08:00 to 18:00. It is your responsibility to ensure that the Goods are handed to the courier in person.
  7. Refunds
    1. If the Buyer has chosen to return the Goods in accordance with 6.2 above, then providing the Goods are received by Calken Gallery within 14 days of confirmed notice of return from the Buyer then Calken Gallery will process a refund or exchange as requested.
    2. If the Goods are not received within 14 days of receipt of confirmed notice of return from the Buyer, the sale is deemed final and no return of the Goods will be accepted.
    3. With the Goods, the Buyer acknowledges that the Goods are unique, rare and of high value and that handling of said Goods can reduce the value of the Goods.
    4. Once a sale is deemed final, no returns will be accepted and the Client hereby accepts and waives any claims he/she may have under English law or otherwise.
    5. The Buyer is responsible for all delivery/shipping costs including insurance for returned Goods and Calken will deduct this amount from the purchase price.
    6. Calken Gallery reserves the right not to accept the return of any Goods that are damaged, where the said damage was not reported to Calken at the time of delivery to the Buyer in accordance with 5.4 above.
    7. Unless otherwise prohibited by English law, full reimbursement of the purchase price of the Goods, less insurance and delivery/shipping costs, shall be the Buyer’s sole remedy if the Goods are returned for any reason whatsoever.
  8. The Website
    1. These Terms and Conditions apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by Calken Gallery. Calken Gallery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Calken Gallery from any and all liability arising from your use of any third-party website.
  9. Warranties
    1. Calken Gallery makes no warranties, expressed or implied, except as specifically stated herein. Such warranties are in lieu of all other warranties, written or oral, statutory, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
  10. Termination by Calken Gallery
    1. Calken Gallery may terminate this agreement if the Buyer fails to make payment when due or substantially breaches any other obligation of these Terms and Conditions. Calken Gallery may notify the Buyer in writing of such termination and recover from the Buyer payment for Goods sold or work completed. The Buyer is liable for any and all costs incurred by Calken Gallery in connection with collection of such unpaid funds.
  11. Force Majeure
    1. Provision of Goods supplied to the Buyer covered by the Sales Agreement is contingent upon the non-occurrence of strikes, accidents, delays of carriers, delays of delivery, delay of personnel or other causes unavoidable or beyond the control of Calken Gallery. If performance of the Sales Agreement or any obligation under the Sales Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“force majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
  12. Mediation and Arbitration
    1. Any disputes between the parties hereto, whether arising under these Terms and Conditions or under any written invoices issued by Calken Gallery or otherwise, which the parties cannot resolve between themselves using good faith shall be referred to a court certified mediator in the County of the Buckinghamshire, and any mediation shall be held in the County of Buckinghamshire. The Buyer shall bear the cost of said mediation. In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in the County of Buckinghamshire. The arbitration shall be held in the County of the Buckinghamshire. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable legal fees incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights.
  13. Indemnity
    1. The Buyer hereby agrees to indemnify Calken Gallery and undertakes to keep Calken Gallery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Calken Gallery to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered arising out of any breach by Buyer of any provision of these Terms and Conditions or arising out of any claim that Buyer has breached any provision of these Terms and Conditions.
  14. Liability
    1. If Calken Gallery fails to comply with these Terms and Conditions, it will be responsible for loss or damage that the Buyer suffers which is a foreseeable result of Calken Gallery’s breach of the Terms and Conditions or its negligence, but it is not responsible for:
      1. any loss or damage that is not foreseeable;
      2. any loss which that is not caused by a breach of Calken Gallery or its agents or employees; and
      3. any business losses, or losses to parties who are not consumers.
    2. Loss or damage is foreseeable if they were an obvious consequence of Calken Gallery’s breach or if they were contemplated by both parties at the time the contract is entered into.
    3. Nothing in these Terms shall limit or exclude Calken Gallery liability for:
      1. death or personal injury resulting from its negligence;
      2. defective products under the Consumer Protection Act 1987;
      3. for fraud or fraudulent misrepresentation;
      4. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      5. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or
      6. defective products under the Consumer Protection Act 1987.
    4. In any event, the total liability of Calken Gallery in respect of breach of any contract for the sale of Goods or any representation given in connection with such a contract, whether in contract, tort (including negligence), statute or otherwise shall be limited to the purchase price for the Goods.
  15. Communication
    1. All notices shall be in writing and sent by registered post, facsimile or email to the address of the recipient stated in any quotation, order or acknowledgement of order.
    2. Notices shall be deemed to be received if sent by registered post, on the second day following the day of posting and, if sent by email or facsimile, on day of transmission (if sent before 4:00pm).
  16. General
    1. Each right or remedy of Calken Gallery under the Contract is without prejudice to any other right or remedy of Calken Gallery whether under the contract or not.
    2. No failure or delay by Calken Gallery to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
    3. The parties do not intend that any term of these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party of it.
  17. Disclaimer
    1. This legal notice should be read as an extension of any Terms and Conditions of Calken Gallery. Calken Gallery is not authorised or regulated by the FCA (Financial Conduct Authority). Works of art are not investments of a specified kind within the scope of the Financial Services and Markets Act 2000 nor are they controlled investments subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by Calken Gallery relates to the sale of works of art and their value. Calken Gallery does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market 2000.
    2. The information and services described in any marketing materials or the website are not intended to be used by or to be available to persons from outside the United Kingdom.
    3. The value of works of art and the income derived from them may go down as well as up and you may not receive back all the money which you invest.
    4. The services described or recommended in our marketing materials or on the website may not be suitable for all people. You should seek your own professional advice as to the suitability of any such investment or service before you enter into any transaction.
    5. Any information relating to past valuation of Art is not necessarily a guide to future performance.
    6. Fluctuations in the rate of exchange may have an adverse effect on the value, price or income of non-sterling denominated Art.
    7. The information contained in our marketing materials or the website is not intended to be an offer to buy or sell securities, and this website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the FCA.
  18. Data Protection
    1. Calken Gallery will hold any personal information provided to it in confidence and in accordance with the Data Protection Act 1998 and other applicable data protection legislation. Calken Gallery will use such personal information for the administration and servicing of your purchase and all other related activities; Calken Gallery may disclose your personal information to its agents and service providers and other members of Calken Gallery for this purpose.
  19. Copyright and Confidentiality
    1. Copyright, trademarks, database rights and all similar rights in this website and marketing materials are owned by Calken Gallery, its licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of Calken Gallery. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of Calken Gallery or any third party.