Terms of Sale.

Last updated: September 03, 2022

Please read these terms carefully before confirming your order and print or save a copy of them, together with your order, for future reference.

1. FORMATION OF THE CONTRACT

1.1 These terms of sale set out the terms and conditions (“Terms”) on which Public Offerings Ltd. (“we”, “us”) supplies goods ordered directly from locations managed by Public Offerings Ltd. (via email or physical galleries/stores).

1.2 These Terms should be read carefully by you before you place an order for goods from Public Offerings Ltd.. If you do not agree to these Terms, you should not place an order.

1.3 These Terms, and any contract between us for the sale of goods to you, are only in the English language.

1.4 To place an order from Public Offerings Ltd. contact prints@public-offerings.com to enquire about availability of items (“purchase enquiry”). You will be asked to provide delivery and billing information before quotes for purchase can be supplied. Please take time to read and check your purchase enquiry is correct before submitting.

1.5 Upon receipt of purchase enquiry, Public Offerings Ltd. will issue an artwork offer for goods requested. Public Offerings Ltd. endeavours to issue this offer within 3 working days of receipt of purchase enquiry. Artwork offers are valid for one week from date of issue. Within the offer period you must confirm with Public Offerings Ltd. your intent to purchase works as offered or request changes to your enquiry. Once confirmation is received by Public Offerings Ltd. you will be issued a purchase invoice for goods.

1.6 Public Offerings Ltd. shall not be under any obligation to accept your order and the contract between you and Public Offerings Ltd. for the sale of goods will only be formed once Public Offerings Ltd. has received payment for invoices issued.

1.7 If you are a consumer, you must be at least 18 years old to order goods from Public Offerings Ltd.. By accepting these Terms you are confirming that you are no less than 18 years old. If you are purchasing goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Public Offerings Ltd. for the purchase of goods.

1.8 Any contract between you and Public Offerings Ltd. is subject to your right of cancellation if you are a consumer (see 5.1 below).

1.9 Public Offerings Ltd. may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from Public Offerings Ltd. to ensure you understand the terms which will apply at that time.

2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS

2.1 All goods are subject to availability. If on receipt of your purchase enquiry the goods you have ordered are not in stock, Public Offerings Ltd. will inform you as soon as possible.

2.2 Subject to 2.4 below, the price of the goods will be the price quoted on your artwork offer. All prices are quoted in UK pounds sterling and are exclusive of delivery charges, which will be added to the price of the goods on confirmation of the delivery address and prior to you making payment.

2.3 Every effort will be made to ensure that prices shown on your artwork offer are accurate at the time you place your order. If an error is found prior to dispatch of the goods, Public Offerings Ltd. will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.

2.4 The price of the goods offered are exclusive of VAT (where applicable) at the relevant rate chargeable in the UK at the date of your order. Where the goods are supplied for export from the EU, any VAT added to the goods will be deducted from the price of the goods upon confirmation of the delivery address and prior to you making payment.

2.5 Where the goods are supplied for export from the EU, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.

3. PAYMENT

3.1 Payment for the goods and delivery charges can be made by bank transfer to Public Offerings Ltd. or via Paypal secure online payment. Public Offerings Ltd. does not have access to your debit or credit card details.

3.2 Deliveries will only be made after payment has been received.

4. DELIVERY AND RISK

4.1 The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by Public Offerings Ltd.

4.2 All editions or other artwork and publications ordered from Public Offerings Ltd. shall be sent to you via a secure service. Authenticity documents for editions are dispatched separately from art works via secure post or courier service.

4.3 If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. Where you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until Public Offerings Ltd. has received payment in full for such costs.

4.4 A signature will be required on delivery of all Public Offerings Ltd. editions and authenticity documents. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.

4.5 Public Offerings Ltd. will provide a production and delivery timeline upon confirmation of your order. If delivery is not possible within this time frame Public Offerings Ltd. shall inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

4.6 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.

5. YOUR RIGHT OF CANCELLATION AS A CONSUMER

5.1 If you are a consumer, you have the right to cancel the contract with Public Offerings Ltd. at any time up to the end of fourteen working days after you issue acceptance of your artwork offer and in accordance with this clause 5. A working day is any day other than a Saturday, Sunday or public holiday in the UK.

5.2 To exercise your right of cancellation, you must give written notice to Public Offerings Ltd. by email, to the email address shown at 11 below, giving details of the goods ordered and (where appropriate) their delivery.

5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Public Offerings Ltd. at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to an address confirmed by Public Offerings Ltd. upon receipt of your cancellation email. All artworks must be returned by courier. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.

5.4 Once you have notified Public Offerings Ltd. that you are cancelling the contract, Public Offerings Ltd. will refund you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.

5.5 If you do not return the goods as required after exercising your right of cancellation, Public Offerings Ltd. may charge you for the direct costs of recovering the goods.

5.6 You do not have the right to cancel the contract if the order is goods are custom-made, framed outside of standard framing specifications, signed or clearly personalised.

6. NO RIGHT OF RESALE

6.1 If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.

6.2 If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes.

6.3 Exclusions to clause 6 may apply if a signed and dated Exhibition Agreement or Consignment Agreement is in effect between Public Offerings Ltd. and business partners. This exclusion is only in effect for the duration of the period stated in the agreements.

7. PUBLIC DISPLAY OF EDITIONS OR ARTWORK

7.1 You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Public Offerings Ltd. on behalf of the artist of such edition.

8. INTELLECTUAL PROPERTY

8.1 In purchasing any goods from Public Offerings Ltd., you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition, publication or other artwork purchased by you, the artist has asserted his right to be identified as the author of such edition.

9. LIABILITY

9.1 Nothing in this clause 9 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.

9.2 Subject to 9.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude: all conditions, warranties and other terms which might be implied into these Terms by law or otherwise; any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.

9.3 Subject to 9.1 above, Public Offerings Ltd. shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact Public Offerings Ltd. by email in accordance with the contact details at 11 below.

9.4 Public Offerings Ltd. shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Public Offerings Ltd.’s reasonable control.

9.5 If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10. MARKETING COMMUNICATIONS

10.1 Public Offerings Ltd. would like to notify you of the availability of new editions, publications and similar artwork that may be of interest to you from time to time. We would also like to send you the Public Offerings Ltd. Newsletter.

10.2 Your confirmation of purchase will be taken as agreement to receive these communications unless a request not to be contacted is clearly specified within your order. You will be able to unsubscribe from such notifications or the Newsletter at any time.

11. CONTACT DETAILS

11.1 If you have any queries about your purchase of goods, these Terms or any other aspect of our policy you can email us at prints@public-offerings.com. We will endeavour to respond as quickly as possible.

12. GENERAL

12.1 Public Offerings Ltd. may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organisation, but this will not affect your rights or obligations under these Terms.

12.2 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

12.3 These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with Public Offerings Ltd. for the supply of goods.

12.4 If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.

12.5 No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

12.6 These Terms and the supply of the goods by Public Offerings Ltd. and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law, and the English courts will have non- exclusive jurisdiction in respect of any such dispute or claim.