EYE LIKE LIMITED ONLINE TERMS & CONDITIONS
These Terms and Conditions apply to all purchases made on this website (or distance selling) only, they do not apply to purchases made at our gallery at 18 Gregories Road, Beaconsfield, HP9 1HQ. If you have purchased at our gallery, please view your terms and conditions here.
Your contract will be with Eye Like Limited (trading as ‘Eye Like Gallery').
In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring to Eye Like Limited.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1 January 2022. When we refer, in these Terms, to "in writing", this will include e-mail. These Terms, and any Contract between us, are only in the English language.
Eye Like Limited is a company registered in England (company no. 08749334) whose registered office is PO Box, 1295, 20 Station Road, Gerrards Cross, Buckinghamshire, SL9 8EL
1.2 Contacting us: You can also e-mail us at email@example.com or contact our Customer Services team by telephone: +44(0)1494 677566 on Monday to Friday 9.30am-5.30pm, or by post to Eye Like Gallery, 18 Gregories Raod, Beaconsfield, HP9 1HQ. If you are emailing or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
3. HOW WE USE YOUR PERSONAL INFORMATION
3.2 One such use is to comply with Anti-Money Laundering Legislation. When required, we are legally obliged to carry out checks using personal information provided and request further information if necessary. We will inform you whenever these checks are carried out, however consent is not required to do so.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.
4.3 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
5. OUR RIGHT TO VARY THESE TERMS
5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
5.3 We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.
5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
6. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 6 only applies if you are a consumer and your order is completed and shipped to an address within the United Kingdom.
6.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.4. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
6.2 However, this cancellation right does not apply if you purchase a bespoke artwork such as with a custom-made frame, a commission or is an exclusive print-on-demand timed-released print.
6.3 Except in the case where goods are received damaged (and then only in accordance with the appropriate terms and conditions) returns will not be accepted from outside the United Kingdom for any reason.
6.4 Your legal right to cancel a Contract starts from the date when we confirm despatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:
Your contractual end of the cancellation period
If your Contract is for a single Product. The end date is 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on the 24th of January.
If your Contract is for multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last of the Products ordered.
Example: If we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect any or all of the separate Products at any time between 1 January and the end of the day on the 29th of January.
6.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email firstname.lastname@example.org. If you use this method we will e-mail you to confirm we have received your cancellation.
You can also contact us by any method shown in clause 1.2. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
You will need to cover the cost of returning your order back to us.
6.6 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
6.7 If you have returned the Products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
6.8 We will refund you by the same payment method used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
6.9 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can send it back to us at the address given in clause 1.2.
(b) unless the Product is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Products to us.
(c) to ensure the returned items are received back in 100 % resaleable condition, we advise using the same delivery service and packaging (where possible) used for their original despatch and items should be fully insured.
6.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.
6.11 Any refunds requested with a value over or equal to £2,500 will be processed within 30 working days from day of request.7. DELIVERY
7.1 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
7.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
7.3 You own the Products once we have received payment in full, including all applicable delivery charges.
7.4 In the event the packaging is obviously damaged on arrival you should refuse delivery whereupon the product will be returned to us for appraisal.
7.5 Where you take delivery of the package you have 48 hours from the time of delivery to contact Customer Services by email to inform us of any damage subsequently discovered. All packaging must be retained and where possible please include photos of the damage. Our team will contact you with instructions on how the product will be returned. Failure to comply with these terms may affect your right to a refund or replacement. Please refer to 'my account' on the website.
7.6 We dispatch unframed orders within 2-14 working days and framed orders within 2-24 working days, subject to availability.
7.7 Dispatch time can vary depending on our stock availability.
7.8 We make every attempt to hold as much stock as possible of the hundreds of prints we offer online, however, due to demand, prints can temporarily go out of stock.
7.9 In the case of brand new releases, these may not have arrived with us at the time of promotion.
8. INTERNATIONAL DELIVERY
8.1 If you order Products from our site for delivery outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 The price of a Product does not have VAT applied at the prevailing rate as we operate on a VAT margin scheme, so we pay VAT on the difference between our buying and selling price. This means that we cannot provide a normal VAT invoice and VAT cannot be reclaimed against a purchase in the usual way.
9.4 Goods ordered outside the UK are not subject to UK VAT and have no eligibility for VAT refunds. The price of products, when ordered from outside the UK, do not include local taxes.
9.5 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.
9.6 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you [in writing] to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10. HOW TO PAY10.1 You can pay for Products in either of the following ways:
(a) using a debit card or credit card: we accept the following cards: Maestro UK, Mastercard, Solo, Visa, Visa Debit, Visa Electron and American Express.
(b) using one of our Gift Vouchers (see 10.3)
(c) Bank Transfer
(e) Apple Pay
10.2 Payment for the Products and all applicable delivery charges is in advance.
10.3 The following terms apply to purchases using our Gift Vouchers:
(a) Each of our Gift Vouchers has a unique reference code. For purchases online, the code must be quoted.
(b) Our Gift Vouchers may be exchanged for Products: where the Product(s) being purchased are of a higher total price than the Gift Voucher, you must pay the difference by debit card or credit card.
(c) Where the Product(s) being purchased are of a lower total price than the Gift Voucher, the difference will be credited to you for use on your next purchase. No part of a Gift Voucher can be exchanged for cash or refunded.
(d) Each of our Gift Vouchers is valid for 12 months from the date of issue, following which the Gift Voucher (and any credit referred to in (c) above) cannot be used in a purchase from us.
(e) We do not accept liability for lost or stolen Gift Vouchers.
(f) Our Gift Vouchers can be used at this website and at Eye Like Gallery.
11. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 11 only applies if you are a business customer.
11.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
11.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
11.3 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 12 only applies if you are a consumer.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you, and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. INTELLECTUAL PROPERTY
14.1 Eye Like Gallery and eyelikegallery.com are registered trademarks of Eye Like Limited in the United Kingdom and other countries. These trademarks may not be used in connection with any product or service without our written consent.
14.2 All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Eye Like Limited or its content suppliers and protected by U.K. and international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of Eye Like Gallery is strictly prohibited.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
16. DISCOUNT TERMS
16.1 Voucher Codes (excluding gift vouchers) exclude any Eye Like Gallery exclusive launches, timed releases, promotional offers and rare prints. We reserve the right to exclude any item on this website, at any time, from such Voucher Codes.
- Voucher terms also apply to all cashback and affiliate sites
- Offers are valid within the dates specified only
- Voucher codes can only be applied if products are ‘in stock’
- Only one promotional voucher can be used per order
- Voucher codes cannot be applied retrospectively to orders
- Voucher codes that are not authorised by Eye Like Gallery will not be honoured.
- Voucher Codes are only redeemable online not via our gallery
- Voucher is excluded when purchasing one of our Gift Vouchers. (see section 10.3 - g).
When a bespoke commission has been requested you must pay a minimum 50% of the total cost of the commission in order for the artist to begin work. All commission deposits will be accepted by bank transfer only and the order will not be placed until funds have been received. In some circumstances, the artist may request payment in full before accepting the commission. If a deposit has been paid the outstanding balance must be paid by bank transfer before the commission is released.
Timescales will vary from case to case and will be agreed with the artist at the point the order is placed.
Due to the bespoke nature of an art commission, under no circumstance can commission orders be cancelled or refunded once the initial payment has been received unless there is an issue with the completion of the commission as notified by the artist. Receipt of full payment or the minimum deposit will initiate the start of work on the commission and commit the customer to paying the balance upon completion of the commission.
Artist reserves the common-law copyright to all commissioned works that the artist creates, including all reproduction rights and the right to claim statutory copyright. The patron may reproduce no work without the prior written approval of the artist.
Shipping and Insurance
In the event, the commission presents specific delivery issues we will agree with you what delivery charges will apply. Please see our delivery information page in regard to specific delivery methods available to yourself.
If you have any further questions or queries about our terms and conditions, please contact email@example.com.