TERMS AND CONDITIONS OF SALE
Last updated: September 2026
Please read the below terms and conditions of sale (together, the “Terms”) and only proceed with your purchase if you wish to be bound by them. Please contact Wilder Gallery (“us” or “we”) if you wish to discuss any of the Terms.
ABOUT US
The proprietor of Wilder Gallery and this website, www.wilder.gallery, is The Contemporary London LLP trading as Wilder Gallery. The Contemporary London LLP is a limited liability partnership registered in England and Wales under number OC355470, with its registered office at 16 Mortimer Road, London NW10 5QP and its gallery at 77 College Road, London NW10 5ES (“we”, “us”, “our”, “Wilder Gallery”). If you wish to get in touch, please contact Michelle at info@wilder.gallery or 07747 635823, or write to us at Wilder Gallery, 77 College Road, London NW10 5ES.
1. PURPOSE AND EFFECT
1.1 These terms and conditions (“Terms”) apply to the sale of original artwork and limited edition prints (“Artwork”) by us to you, including the sale and purchase of works from the website www.wilder.gallery and any other website owned by us now or in the future, including any website attached to any top level or country level domain we own incorporating the words “Wilder Gallery” (the “Website”).
1.2 These Terms are the terms and conditions on which we agree to sell the Artworks identified on the invoice to you and you agree to purchase Artworks from us via Wilder Gallery or the Website for the price stated on the invoice (being the agreed price for the sale of the Artwork to you) (the “Price”), and will form the basis of the contract between us and you for the sale of the Artworks (the “Agreement”). The language for the conclusion of any contract between you and us for the sale of the Artworks will be English.
1.3 No variation or amendment of the Terms shall be permitted unless such variation or amendment has been agreed in writing between Wilder Gallery and you.
1.4 All Artworks sold by us are subject to these Terms. Your acceptance of these Terms may be demonstrated by:
-
full or partial payment of the Price; or
-
verbally, via email or by conduct demonstrating your acceptance (for example, confirmation or acceptance of our offer to sell an Artwork to you).
1.5 Once an Agreement has been made, you may not cancel it, except where you have a right to cancel under clause 11 or by law. Subject to that, you shall indemnify and keep us indemnified in full against all loss, costs (including legal fees, court costs and other related costs) and expenses incurred by us as the result of the Agreement being breached in any way, in part or in full, by you.
1.6 By placing an order for any Artwork via Wilder Gallery or the Website you agree to accept these Terms, which apply to the exclusion of all other terms and conditions proposed by you. We draw your attention in particular to the provisions under the heading Limitation of Liability, which limit our liability to you. Words in these Terms in the singular shall include the plural and vice versa. Whenever the words “include” and “including” are used, they are deemed to have the words “without limitation” following them.
1.7 If you are buying as a consumer, nothing in these Terms affects your statutory rights, including your rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2. ARTWORKS AND SALES
2.1 We have used our best endeavours to ensure the accuracy of any information about the Artwork and that the images of the Artworks on the Website (and on any other website, Facebook, Instagram and other online presence maintained by Wilder Gallery) or in a physical exhibition are clear and accurate, including the colours of the Artworks and prints. However, we will not be responsible if information made available by Wilder Gallery is not accurate, complete or current. Furthermore, we shall not be responsible for any variations in the Artworks delivered to you from the images on the Website, online, or in the physical exhibition, as variations may be due to opinions, lighting, computer software, website browser or other factors.
2.2 Any material provided by Wilder Gallery is for general information only and should not be relied on or used as the primary basis for decision making without consulting primary, more accurate, more in-depth, more complete or more current sources of information. Any reliance on such material is at your own risk.
2.3 If you are buying as a business, you agree and accept that, to the maximum extent permitted by law, we provide the Artworks without any warranty and will have no responsibility for the suitability of the Artworks purchased, and that the Artworks are sold to you “as is” and “as available” and it is your responsibility to judge the suitability of the Artworks for the purpose intended. If you are buying as a consumer, you have legal rights that the Artwork will be as described, of satisfactory quality and fit for purpose, and nothing in this clause limits those rights.
2.4 If requested, we can explain the condition of an Artwork at the time of exhibition or sale and provide additional information in our possession. We will not be responsible for any subsequent deterioration of the Artwork after the sale.
3. PAYMENT OF ARTWORK
3.1 You must pay us the full invoice Price of the Artwork, with delivery costs and any VAT (if applicable), by bank transfer, secure payment link, PayPal or other agreed means of payment, on receipt of the invoice and in accordance with the terms of the invoice. Payment is fulfilled when we have cleared funds.
3.2 Without prejudice to any other right or remedy we may have, we are entitled to charge interest on late payments (before as well as after judgment) at the rate of 2% per annum above Lloyds Bank plc base rate. In respect of the sale of any Artwork, Wilder Gallery acts as the agent of the artist/seller. The artist remains the principal with regard to the sale of any of their works and the contract for the sale is directly between buyer and artist.
3.3 We offer Own Art interest-free instalments. Once a successful application has been completed, Artworks are available to be collected or delivered, normally before the first instalment is paid. This may not be the case if the Artwork is currently being exhibited, in which case the Artwork will be made available after the end of the exhibition. We also offer interest-free instalments directly from Wilder Gallery to those who wish to pay the Price in a series of instalments. If you choose to purchase Artwork with interest-free instalments directly with Wilder Gallery, the Artwork will be released to you only after the final instalment has been paid and the Price has been cleared in full.
3.4 You shall not be entitled to withhold payment of any amount payable to us by reason of any dispute or claim by you, whether by way of set-off, counterclaim or other deduction. In the event of non-payment or other breach, we shall be entitled to obtain and enforce judgment without determination of any claims by you.
3.5 Anti-money laundering: Wilder Gallery is subject to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended) and is supervised by HM Revenue & Customs. We are required by law to verify the identity of our clients, and where relevant of any beneficial owner, third-party payer or person acting on a client’s behalf, before completing any sale of Artwork with a value of £10,000 or more, including a series of linked transactions reaching that amount. We will not issue an invoice or complete such a sale until these checks are complete. If our due diligence is not completed to our satisfaction, we may decline the sale at our discretion.
3.6 We reserve the right to use the VAT Margin Scheme. Where this has been used instead of standard VAT, the invoice emailed to you will state “VAT Margin Scheme” at the bottom.
3.7 We reserve the general right to refuse service to anyone for any reason at any time.
4. PASSING OF OWNERSHIP AND RESALE
4.1 Full legal title to the Artwork will not pass to you until we have received in full, in cleared funds, all sums due in respect of the Artwork and any other amount owed by you to us, and we are satisfied as to your identity and that of any third-party payer.
4.2 Copyright and reproduction rights are reserved by the artist.
4.3 You acknowledge that Wilder Gallery’s mission is to support and champion emerging and contemporary artists, and you acknowledge the great harm that speculation on Artwork causes the artist and the galleries working with them. Consequently, you agree not to sell, transfer, lease, lend or otherwise dispose of the Artwork for a period of three (3) years from the date of the invoice. Should you wish to resell the Artwork after that period of three (3) years has elapsed, Wilder Gallery shall hold a preferential acquisition right. You agree to notify Wilder Gallery of your intention to resell the Artwork by email at info@wilder.gallery.
5. DELIVERY OF ARTWORK AND PASSING OF RISK
5.1 Artwork will only be delivered following receipt of the full Price in cleared funds.
5.2 We will deliver the Artwork to the address listed on the invoice unless it is agreed in writing that you should collect it from us. You are responsible for all costs of delivery or collection unless we agree otherwise in writing.
5.3 Risk in the Artwork passes to you when the Artwork is delivered to you or collected by you or on your behalf, or, if you arrange your own carrier, when we hand the Artwork to that carrier. From that time you will be responsible for the Artwork, for the risk of damage to it or loss of it and for insuring it, and you agree that thereafter you will not hold us responsible for insuring the Artwork or for any loss or damage to it.
5.4 If requested, we shall arrange third-party insurance to cover the transportation of the Artwork to you. The cost of such insurance shall be borne by you in addition to the Price. If you are buying as a business, we shall not be liable for any loss or damage that arises during the transportation of the Artwork from us to you, whether or not such insurance is purchased.
5.5 If you fail to accept delivery of the Artwork on the agreed date and time, we may charge you for any expenses incurred, including re-delivery, storage and insurance, and the liability for any subsequent damage to the Artwork will pass to you.
5.6 While we try to deliver the Artworks in accordance with the estimated dispatch and delivery dates in the confirmation email, these dates are for guidance only and time for delivery will not be of the essence in this Agreement. We will endeavour to inform you by email if we are experiencing delays in the delivery of the Artworks to you.
5.7 Generally, non-fragile Artworks not at risk of being damaged during transport (e.g. unframed limited edition prints) will be dispatched within 7 days of our receipt of payment for your order, by Royal Mail, Parcelforce, DHL or another carrier in the UK and worldwide. A signature may be required to confirm delivery.
5.8 For the delivery of original and fragile works that are at risk of being damaged during transport, we use trusted professional art transportation companies. In these instances we will contact you directly to arrange the delivery of the works and discuss the extra delivery charges specific to each Artwork. All Artworks may also be collected free of charge at the client’s request.
5.9 If you are based outside the United Kingdom, local taxes and import duties may apply, for which we are not liable. We recommend you check with the relevant authority in your country before proceeding with your order.
5.10 Wilder Gallery provides complimentary storage of Artwork for 21 days after a work is released for collection or delivery. After the complimentary period, a storage fee of £50 per Artwork per month will be incurred. Storage fees must be paid in full before the Artwork is released.
6. DELIVERY ESTIMATES
6.1 Please note that Artworks currently exhibited will only be prepared and shipped after the end of the exhibition.
6.2 UK and Northern Ireland: your purchase is estimated to arrive within 1–3 working days after dispatch and will require a signature on receipt.
6.3 Europe: your purchase is estimated to arrive within 1–5 working days after dispatch and will require a signature on receipt.
6.4 Worldwide: your purchase is estimated to arrive within 1–14 working days after dispatch and will require a signature on receipt.
6.5 Please allow up to 21 working days from receipt of our email accepting your order or acknowledging cleared funds for delivery of the Artworks. Please contact us if your order is not received within this time frame.
6.6 Our liability for non-delivery of the Artworks will be limited to replacing the Artworks with Substitute Artworks within a reasonable time or refunding the price of the Artworks to you. Reasonable evidence of non-delivery will be required and we will not be liable for more than one replacement of undelivered Artworks.
7. EXPORT AND LOCAL TAXES
7.1 Each party will, to the extent such obligation is applicable to that party in connection with the sale and/or export of the Artwork:
7.1.1 comply with all requirements of any relevant tax authorities (that is, any authority imposing, administering or collecting any tax, duty or levy, including HM Revenue & Customs), any export licensing authorities and any other relevant official bodies; and
7.1.2 obtain all the relevant documents showing proof of export without delay.
7.2 You will reimburse us any sum claimed if any relevant tax authority or other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with any relevant requirements for export and import.
7.3 Where, upon its sale to you, the Artwork is intended for export, you will be charged VAT on the Artwork should it not be exported.
7.4 You will be responsible for paying any taxes or duties, including import tax, duty or sales tax, that are required to be paid in the country of destination, whether on shipment, on import or at any other time.
8. USE OF THE WEBSITE
8.1 You may use our Website for private and personal non-commercial use only, i.e. to view and print portions of our Website for the sole purpose of purchasing Artworks. The materials on our Website may not be used for any other purpose.
8.2 We reserve the right to amend or update the Website and these Terms from time to time without notice. Any changes to these Terms will be posted on our Website. You will be deemed to be bound by any changes from the first time you access the Website after they are posted, so please review these Terms regularly to ensure you are aware of any changes.
8.3 You must provide us with certain personal details in order for us to process your order to purchase Artworks from the Website. This information will include your name, address, email address, delivery address and contact phone number. We use payment providers such as PayPal, Apple Pay, Zettle and Wix to process online payment for your order, and you will be asked to provide your credit card, debit card or account details to the payment provider for your order.
8.4 When you enquire about or purchase Artwork, we may send you our newsletter about our artists, exhibitions and Artworks. You can opt out when you give us your details, and at any time by using the unsubscribe link in any newsletter or by emailing info@wilder.gallery.
8.5 You must ensure that the personal information you submit to us is complete and accurate. We will not be responsible for any loss or damage suffered by you as a result of errors in the information you provide to us. Our Privacy Policy, available on our Website, explains how we use your personal information.
8.6 Transactions on the Website
8.6.1 You are responsible for payment of all Artworks ordered via the Website.
8.6.2 We reserve the right to refuse to accept your order and terminate your access to the Website without notice if:
-
you breach these Terms, including the warranties relating to use of the Website;
-
we suspect that you have acted fraudulently, dishonestly, unlawfully or in an otherwise inappropriate manner or in breach of these Terms; or
-
we do not receive payment for Artworks ordered by you.
8.7 When you have placed an order, you will receive an email confirmation with your order details. This will have a reference code which you should quote when corresponding with us. This email does not constitute acceptance of your order.
8.8 We must receive payment of the whole of the price for the Artworks that you order before your order can be accepted. Once payment has been received, we will confirm that your order has been accepted by sending an email to the email address you provided when you placed your order. Our acceptance of your order brings into existence a legally binding contract between us.
8.9 We reserve the right to reject any order submitted by you for any reason, and to cancel any order before delivery of the relevant Artworks if you fail to make payment in accordance with these Terms. If you need to change the details of your order for any reason, please email us at info@wilder.gallery or call us on 07747 635823.
8.10 Without limitation to the provisions relating to Limitation of Liability in these Terms, to the maximum extent permitted by law we will not be liable or otherwise responsible for any loss or damage caused to you by our cancellation of your order.
9. PRICES AND PAYMENT
9.1 The price payable for Artwork is, where applicable, inclusive of VAT and exclusive of delivery charges, which will be payable by you and calculated according to your purchase. Prices are shown in pounds sterling (GBP) unless otherwise indicated.
9.2 Some works are available framed and some unframed; in both cases the details of each item and their prices will be clearly marked on the Website. If you require additional framing services, you can email us at info@wilder.gallery and we may be able to refer you to a third party who can assist you, or help with organising the framing.
9.3 In some cases we can provide assistance with installation or refer you to a third party who may provide this service. We cannot provide a quote for this service due to variables such as the nature, size and weight of the work. However, if this is something you would like to enquire about, please email us at info@wilder.gallery and we may be able to provide you with a quote for installation from a third party or put you directly in contact with them.
9.4 Payment may be made online via the secure e-commerce payment system on the Website, using PayPal, Apple Pay, Zettle or any other system included on our Website. Payment of invoices is due immediately by bank transfer, with details included on the invoice. When making payment, please quote the invoice number as a reference.
9.5 We always try to make sure our prices are accurate, but errors may occur. We will inform you as soon as reasonably practicable on discovering an error and you will be entitled either to cancel your order or to reconfirm it.
10. AVAILABILITY OF ARTWORKS
10.1 Artworks exhibited at Wilder Gallery or displayed on the Website are subject to availability. If the Artwork you have purchased is not available, we will notify you by email. You will be entitled to receive substitute Artworks of equivalent quality and price (“Substitute Artworks”) or a refund if your payment has already been processed. We will endeavour to email you with Substitute Artworks that may be of interest, or offer you a refund, as soon as possible after acceptance of your order. We will not dispatch any Substitute Artworks until we have received written confirmation from you of whether you wish to have the Substitute Artworks or a refund.
10.2 If you wish to cancel the order under which we deliver the Substitute Artworks, you must follow the cancellation procedure in clause 11 (Cancellation and Returns).
10.3 We will refund you the reasonable delivery costs of returning the Substitute Artworks to us within a reasonable time of receiving the returned Artworks and a receipt or other equivalent evidence of the delivery costs incurred by you.
11. CANCELLATION AND RETURNS
11.1 Cancellation by us
We reserve the right to cancel the contract between us if:
-
we have insufficient availability to deliver the Artworks you have ordered;
-
we do not deliver to your area;
-
one or more of the Artworks you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information appearing on the Website; or
-
we have reason to believe that your credit card or debit card has been used dishonestly, unlawfully or in an otherwise inappropriate manner or in breach of these Terms.
If we do cancel your contract, we will notify you by email and will re-credit the card, bank account or PayPal account with which you paid for your Artworks with any sum deducted by us, as soon as possible and in any event within 30 days of your ordering the Artworks. We will not be obliged to offer any additional compensation for disappointment suffered.
11.2 Cancellation by you
11.2.1 Artworks purchased in person at the gallery are sold “as is” and we do not offer cancellations or refunds if you change your mind. This does not affect your rights if an Artwork is damaged, faulty or not as described (see clause 12).
11.2.2 Except as set out in clauses 11.2.3 to 11.2.7 and clause 12, we do not offer refunds. If Artwork is received damaged or you have concerns, please email info@wilder.gallery immediately.
11.2.3 If you are a consumer and you buy Artwork without visiting the gallery (for example through our Website, or by email or telephone), you may cancel your order at any time before the Artwork is dispatched, which is approximately up to 5 days from your order. To cancel your order, please email us at info@wilder.gallery with “Order Cancellation”, the reference number from our confirmation email and the name of the piece in the subject heading, and your full name, contact details and order details in the body of the email.
11.2.4 In addition, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel such a purchase within 14 days, without giving any reason. The cancellation period ends 14 days after the day on which you, or someone you name (other than the carrier), receive the Artwork. To cancel, you must tell us of your decision by a clear statement, for example by email to info@wilder.gallery or by post to Wilder Gallery, 77 College Road, London NW10 5ES. You may use the model cancellation form below, but you do not have to. You must send the Artwork back to us within 14 days of telling us you wish to cancel.
11.2.5 If you cancel under clause 11.2.3 or 11.2.4, we will refund the Price you paid, including delivery costs (except any extra cost if you chose a delivery method more expensive than our least expensive standard delivery), using the same means of payment you used. We will make the refund within 14 days of receiving the Artwork back, or of receiving evidence that you have sent it back, whichever is earlier; or, if we have not yet sent the Artwork, within 14 days of your telling us you wish to cancel. We may reduce the refund to reflect any reduction in the value of the Artwork caused by handling it beyond what is necessary to establish its nature, characteristics and functioning.
11.2.6 The right to cancel under clause 11.2.4 does not apply to Artworks made to your specifications or clearly personalised, such as commissions.
11.2.7 If you have received the Artworks before you cancel your contract, you must send the Artworks back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the Artworks for delivery, please do not unpack the Artworks when they are received and return them to us at Wilder Gallery, 77 College Road, London NW10 5ES at your own cost and risk as soon as possible. You must take reasonable care of the Artworks while they are in your possession. Please return the Artworks with their original packaging if possible and arrange their delivery with a reputable delivery company. If the Artworks were delivered to you by a specialist art transportation company, we recommend that you use a company of a similar standard to ensure the safety of the Artworks.
11.2.8 If you cancel the contract and do not return the Artworks delivered to you, or do not pay the delivery costs for their return to us, we shall be entitled to:
-
deduct the direct costs of recovering the Artworks from the amount to be re-credited to you; or
-
in the event that we have already refunded the purchase price to you, charge you for the direct cost of recovering the Artworks from you.
12. DAMAGED OR FAULTY ARTWORK
12.1 All work is carefully checked by us before packaging and transportation. Upon receiving the Artwork, please inspect the work(s) carefully for any damage that has occurred during delivery. Please notify us as soon as possible by email at info@wilder.gallery quoting “Artwork Damage”, the reference number from our confirmation email and the Artwork name in the subject heading, and including your name, contact details, order details, and details of the damage with images.
12.2 If you wish to reject damaged or faulty Artwork, you must return it to us within 30 days of receiving it. We will, at your preference, either provide a replacement or provide you with a full refund of the price and reasonable delivery costs. Any refund will be made within 14 days of our agreeing that you are entitled to it.
12.3 In respect of damaged Artworks, the price paid to us by you will be non-refundable unless the Artworks delivered to you are damaged, or of a quality or specification which is reasonably less than that represented on the Website or requested in the order.
12.4 Our returns policy does not apply to undamaged Artworks or Artworks of satisfactory quality; however, you may cancel your order for unwanted Artworks in accordance with the cancellation policy in clause 11.
13. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
13.1 The intellectual property rights in the Artwork are the property of either the artist or Wilder Gallery, and you do not have any right, title or interest in them.
13.2 Accordingly, Artworks are sold by us to you for non-commercial use only, and reproductions of the Artwork may not be made or resold. For the avoidance of doubt, the sale does not transfer, assign or license any copyright or other intellectual property rights to you.
13.3 All intellectual property rights (including all images, text, layout and other material) produced for the sale of Artwork are owned by, or licensed to, us and, unless otherwise specified, may not be used, copied or altered without our written consent. For the avoidance of doubt, copyright extends to the design, look and feel of the Website, all photographs and text on the Website, and all marketing material.
13.4 The name Wilder Gallery and any logos on the Website are our trade marks and may not be used by you without our prior written permission.
14. CHANGES TO THE WEBSITE
14.1 Whilst we take every care to ensure that the Website is fully functioning and available, we cannot ensure that it will always be error-free and accessible. We aim to regularly maintain and update the Website; however, please note that it may be out of date at any given time. We may need to change the material on our Website to reflect newer content and the availability of Artworks. If necessary, we may suspend access to our Website to allow for maintenance. We may make any or all of these changes without prior notice.
15. WEBSITE’S ONLINE CONTENT
15.1 Due to the nature of some of the Artworks or other published online content, the viewer may be exposed to content of an adult nature. By entering the Website you acknowledge that you are legally permitted to view the content (whether by virtue of your age or the laws that apply where you live).
16. WEBSITE LINKING
16.1 If you wish to create links to our Website, you may only link to our homepage and no other part of our Website. Any link to our Website must be made in a way that is fair and legal and does not damage or exploit our name, company or Website. You may not create a link to our Website that suggests in any way that you or your company is associated with, endorsed or approved by us where no such association exists. We reserve the right to withdraw our linking permission without notice.
16.2 Where we link to external websites or to resources provided by third parties, this is done for information purposes only. We accept no responsibility for their content or availability, or for damage that may arise as a result of contacting them or using their services.
17. LIMITATION OF LIABILITY
17.1 We shall not accept any claim in relation to a sale that is brought after the expiry of the relevant statutory limitation period. We do not accept any responsibility for, and will have no liability for, damage to Artwork arising as a result of your failure to care for the Artwork in a responsible manner.
17.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Artworks from the Website. The importation or exportation of certain of our Artworks to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Artworks you purchase.
17.3 These Terms set out our entire liability to you and all other liability of us to you is excluded, except that nothing will exclude or restrict our liability for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence, or for any other liability that cannot be excluded or limited by law.
17.4 Subject to the above, you agree that our total liability to you under these Terms will not exceed the price actually paid by you to us relating to the relevant order giving rise to the alleged claim, including where such liability arises out of our negligence.
17.5 In no event will we be liable to you, whether in contract, tort, by statute or otherwise, for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Artwork to you, including loss of business and/or Artworks, loss of goodwill, loss of profits or revenue (whether direct or indirect), loss and/or corruption of data and/or damages awarded against you as a result of legal proceedings by any third party in relation to the Artworks, including any claim that the Artworks infringe the intellectual property rights of any third party. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this Agreement.
17.6 We will not be liable to you for any acts, omissions or failures of third-party sub-contractors used by us in delivering Artworks to you pursuant to orders placed by you under these Terms.
17.7 Nothing in these Terms will limit your statutory rights as a consumer.
18. DISCLAIMERS
18.1 Whilst the Website is used as a platform to promote the Artworks displayed on it, any advice, recommendation or information provided on the Website is given on an informal basis and will not form part of this contract.
19. WARRANTIES
19.1 You warrant and undertake that you will not use the Website or Artworks for any unlawful purpose or in a way which gives rise to civil or criminal liability; that you will not use the Website or Artworks in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material, or in any way which will or is likely to bring us into disrepute; and that you will not use the Website or Artworks to infringe the intellectual property rights of us or of any third party.
19.2 Notwithstanding the above, you warrant that you will be truthful and honest in your use of the Website and will make purchases of Artworks in a responsible and reasonable manner and only as envisaged by these Terms.
19.3 Any breach of these warranties will entitle us to cancel any order at our discretion, terminate your use of the Website, cancel all or any other orders made by you and terminate this Agreement without notice.
19.4 Except as provided in these Terms, all warranties, conditions or other terms, express or implied, statutory or otherwise, in relation to the Artworks and the Website are excluded to the maximum extent permitted by law.
19.5 You will indemnify and hold us harmless in full and defend us at your own expense against all claims, liabilities, costs and losses whatsoever and howsoever incurred by us as a result of your breach of the above warranties.
20. DATA PROTECTION
20.1 We process personal data in accordance with UK data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018. Our Privacy Policy, available on our Website, explains how we collect and use your personal data.
21. TERMINATION
21.1 We may terminate these Terms at any time on notice in writing (which may be by email) to you in the event of any breach by you of the provisions of these Terms.
21.2 On termination, any outstanding order of yours will be immediately cancelled. Except as otherwise provided in these Terms, the price paid to us for the relevant order will be refunded on termination, unless the relevant Artworks have been dispatched to you prior to termination, in which case the relevant price will not be refunded.
22. NOTICES
22.1 Any notice required or permitted under these Terms will be in writing (which may be by email) and will be deemed to have been properly given 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid, to the address set out on the order if notice is being given by us to you or, if notice is being given by you to us, to our registered office at 16 Mortimer Road, London NW10 5QP or to Wilder Gallery, 77 College Road, London NW10 5ES; or at close of business on the day of effective transmission if sent by email to an email address notified for that purpose.
23. FORCE MAJEURE
23.1 We will not be liable for failure to meet our obligations under these Terms if we or our contractors are prevented from or delayed in doing so due to circumstances beyond our reasonable control, including acts of God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies. If the delay prevents us from meeting our obligations under these Terms for a period of more than two months from the occurrence of the event causing the delay, either party will be entitled to cancel the contract by written notice to the other.
24. THIRD PARTY RIGHTS
24.1 Except for our affiliates, members, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
25. ENTIRE AGREEMENT
25.1 These Terms, together with our current Website prices and delivery details, set out the whole of our agreement relating to the supply of the Artworks to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any Artworks offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
26. GOVERNING LAW
26.1 These Terms and any non-contractual obligations arising from or in connection with them shall in all respects be governed by and interpreted in accordance with English law, and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales, except that if you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.
CONTACT US
Address: Wilder Gallery, 77 College Road, London NW10 5ES
Opening times: Wednesday – Friday 10am–3pm and Saturdays 11am–2pm
Telephone: 07747 635823
Email: info@wilder.gallery
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel a purchase under clause 11.2.4.
To: Wilder Gallery, 77 College Road, London NW10 5ES. Email: info@wilder.gallery
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.
