Online Terms and Conditions

YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE. IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE TERMS, DO NOT USE THE WEB SITE.

WARNING: THE CONTENT OF THE WEB SITE IS NOT INTENDED FOR MINORS. SUCH CONTENT EXTENDS TO A WIDE RANGE OF ART, IS GENERALLY UNCENSORED, AND MAY INCLUDE NUDITY OR OTHER GRAPHIC OR LITERARY CONTENT THAT SOME PEOPLE MAY CONSIDER OFFENSIVE. IF YOU ALLOW YOUR CHILD TO USE YOUR COMPUTER, IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER ANY OF THE SERVICES, CONTENT AND SUBJECT MATTER DISPLAYED ON THE WEB SITE IS INAPPROPRIATE FOR YOUR CHILD, AND TO CONTROL THE CHILD'S USE OF THE COMPUTER ACCORDINGLY. IF YOU YOURSELF FIND OFFENSIVE CONTENT OF THE TYPE REFERRED TO ABOVE, YOU SHOULD NOT USE THE WEBSITE.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither Andipa nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

1 FORMATION OF THE CONTRACT FOR ONLINE TRANSACTIONS

1.1 These terms of sale ('Terms') apply to goods supplied by The Andipa Gallery Limited ('Andipa') trading from 162 Walton Street London SW3 2JL and ordered from the Andipa website at (the 'Website').

1.2 These Terms should be read carefully by you before you place an order for goods from Andipa. If you do not accept these Terms you should not place an order.

1.3 No contract exists between you and Andipa for the sale of any goods until Andipa has received and accepted your order and sends you confirmation by writing or email to the address or email you have given. Andipa shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and Andipa.

1.4 You must be sixteen (16) years of age or older to order from the Website and by accepting these Terms you are confirming to us that you no less than sixteen years of age.

1.5 Andipa may change these Terms without notice to you in relation to future sales.

2 AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS

2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Andipa will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you for the goods.

2.2 The description, specification and price of the goods you order will be as shown on the Website at the time you place your order.

2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in UK pounds sterling and will, unless specified to the contrary on the Website, include packaging and delivery charges.

2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to despatch of the goods, Andipa will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Andipa will refund or re-credit you for any sum that has been paid by you for the goods.

2.5 The price of the goods shown on the Website is exclusive of VAT or other applicable sales taxes which will be added on confirmation of your address and prior to you placing your order.

2.6 Where the goods are supplied for export from the United Kingdom, you will be liable for complying with any legislation or 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 a major credit card (presently being Switch, Visa, MasterCard and American Express), wire transfer or cheque. Funds will be deemed to be paid when cleared in the bank of Andipa.

3.2 All deliveries are subject to prior authorisation of your payment.

4 DELIVERY AND RISK

4.1 The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by Andipa except in the case of goods paid by credit card which must be delivered to the billing address.

4.2 All publications ordered from Andipa shall be sent to you by Royal Mail. Andipa shall endeavour to deliver the publications within 28 days after receiving your payment.

4.3 If delivery cannot be made to your address, Andipa will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.

4.4 If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods.

4.5 Every effort will be made to deliver the goods within the time periods specified above. If Andipa is unable to deliver the goods within 30 days of receiving your order, Andipa will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you for the goods. Andipa will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

4.6 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once Andipa has received cleared funds from you.

5 LIABILITY

5.1 Andipa shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party.

5.2 Subject to paragraph 5.1, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should contact Andipa by phone or notify Andipa by post, fax or email in accordance with the contact details at paragraph 10 below.

5.3 Andipa will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by Andipa to supply the goods in accordance with the contract.

5.4 Andipa shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond Andipa's reasonable control. This condition does not affect your statutory rights.

6 DATA PROTECTION

6.1 Andipa will take all reasonable precautions to keep the details of your order and payment secure but unless Andipa is negligent Andipa will not be liable for unauthorised access to information supplied by you.

6.2 Andipa will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Andipa at the address, fax number or email address shown below.

6.3 Andipa would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please contact Andipa. If at any time you wish to receive such information again, you can give notice to Andipa at the address, or email address shown at paragraph 9 below, or in reply to any email from Andipa.

7 COOKIES Andipa may use technology to track the patterns of behaviour of visitors to the Website and 'personalise' your viewing experience. This can include using a 'cookie', which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the Website may not work as well as it might if you switch off cookies.

8 INTELLECTUAL PROPERTY

8.1 All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Andipa or its licensors.

8.2 You may download downloadable items displayed on the Website solely for personal non-commercial purposes or for the purposes of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.

9 ANDIPA'S CONTACT DETAILS

9.1 If you have any queries about these Terms or any other aspect of our Website you can phone us on + 44(0) 20 7589 2371 or e mail us at art@andipa.com or write to us at Andipa Gallery, 162 Walton Street, London SW3 2JL. We will endeavour to respond as quickly as possible.

10 GENERAL

10.1 Andipa may at its discretion record telephone calls for the purposes of staff training and quality control. Tapes will be erased after review.

10.2 These Terms are not intended to and shall not create any rights, entitlements, claims or benefits enforceable by any person other than the person who is party to a contract with Andipa for the supply of goods online.

10.3 These Terms and Conditions is subject to English law, and the English courts will have jurisdiction in respect of any dispute arising.

11 Privacy Notice (Updated 24 May 2018)

Andipa is committed to protecting and respecting the privacy of our clients and customers.
This notice applies to information held about clients and prospective clients, suppliers and prospective suppliers, artists, contacts and all other persons about whom The Andipa Gallery Limited holds information. By ‘information’ we mean personal information about you that we collect, use, share and store.
In this notice, ‘we’, ‘us’ and ‘our’ means The Andipa Gallery Limited, a company registered in England and Wales with No. 4272027, registered office Gable House, 239 Regents Park, Road, London, N3 3LFand ‘you’ means the individual to whom the information relates.

11.1 What information do we collect from you?

Information about you that you give us by corresponding with us by phone, e-mail, via our website, in person or by post;
This may include your name, contact details such as your address, email address and telephone and fax numbers, as well as information relating to your interest in our artists, editions and exhibitions;
Furthermore, information relating to your purchases and use of our services including details for framing, deliveries and shipping; Information related to your attendance of art fairs at which we exhibit and information that you give us via our website, for example by subscribing to our newsletter or inquiring about our artworks as well as when browsing our website, your IP address, your browser type and language; Information in relation to your interests in our artists and editions via online platforms including Artsy and Artnet;
- Technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
- Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); products you viewed or searched for; browser version; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- This information may be collected by placing Cookies on your computer. Please see below for more information about the way we use Cookies.

11.2 Why do we collect this information?

Our processing of your personal information is a necessary part of running our business as an art gallery in order to provide you with a smooth and efficient service when inquiring about or buying artwork and related services from us and to keep you informed about our activities as well as for our own marketing and research.

11.3 How we use your information?

To keep you informed about our artists, artworks, exhibition, services, art fairs and events that we participate in, deal with enquiries, as well as to process any information required in order to process a sale by us of any of our artworks to you;
To administer our website including data analysis, testing and research for statistical and survey purposes and to keep our website safe and secure.
To comply with legal and regulatory obligations

11.4 Who might we share your information with?

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies if this is reasonably required by us to provide you with our services, respond to inquiries or for any of the purposes described in this notice.

11.5 Where is your data stored and processed?

Your personal information may be transferred to, and stored at, a destination outside the European Economic Area (EEA) and may also be processed by staff operating outside the EEA who work for us, or for one of our service providers.
When we, or our permitted third parties, transfer your information outside the EEA, we or they will impose obligations on the recipients of that data to protect your information to the standard required in the EEA or otherwise require the recipient to subscribe to international frameworks intended to enable secure data sharing.
By submitting your personal data, you agree to this transfer, storing and processing. We will take all reasonable steps necessary to ensure your data is treated securely and in accordance with this privacy notice.
We may use service providers like MailChimp and ArtSystems to send you updates and newsletters. MailChimp and ArtSystems are based in the US and therefore some limited information (your name and email address) may be transferred to MailChimp and ArtSystems (therefore to the US) for the purposes of using their service.
MailChimp and ArtSystems are signed up to the US EU Data Privacy Shield and we believe that there is no material risk associated with transferring this limited data outside of the UK.

11.6 How long will we keep your information?

We will keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.
Where we are permitted to send you our email newsletter we may retain your contact information necessary for this purpose, for as long as we have your consent and you do not unsubscribe from our mailing list. If you opt out from our newsletter, we will retain information to enable us to respect your wishes to not be contacted by newsletters any further. However, unless specifically notified otherwise, we may still from time to time contact you personally by phone, letter or personal email.

11.7 How can you access the information we hold about you?

You can ask to see the information that we have about you. You can also ask us to change it, correct it, delete it, restrict how we use it or object to the way we use it by emailing art@andipa.com.

11.8 Security of your information

Any payment transactions will be encrypted.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, as you will be aware, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

11.9 We Respect Your Rights
If you have any concerns about our use of your information, you also have the right (as a UK resident) to make a complaint to the Information Commissioner’s Office, which regulates and supervised the use of personal data in the UK.
You can read more about these rights on the ICO’s website (ico.org.uk).

12 How we use cookies

A cookie is a small piece of information sent by a web server to a web browser, which enables to server to collect information from the browser.
Our website requires cookies in order to function correctly. These cookies are used only to improve the user experience on our site. We also use cookies to identify your IP address when you visit the website and to keep track of your browsing patterns and build up a demographic profile. Most browsers will allow you to turn off cookies. Please note however that turning off cookies will restrict the use of our website.
We are not responsible for third party cookies on our website, although the only ones our site uses are from trusted sources as outlined below:
Google Analytics; Google analytics JavaScript runs on our website to tell us who is using the site and how. This script requires a cookie to record this data. These are third party cookies.
Content Management System and associated plugins. Our website is powered by a CMS and as such it creates cookies to store session information in order to help it remember user interactions. These are the only first party cookies we create and they are required for the site to function correctly. They are not used in any way outside of their technical applications.

12.1 Links to other websites

Our website contains links to and from the websites of our partners and affiliates. If you follow a link to any of these websites, please note these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

12.2 Amendments

This privacy notice is subject to change from time to time. It was last updated in May 2018.

12.3 Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to art@andipa.com