“Conditions” means these terms and conditions and the Special Conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means Lost Balloon Gallery; “Website” means the website located at www.lostballoongallery.com or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of this Website.
Use of the website
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
Registration
You warrant that:
Privacy policy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored by statistical analysis software, and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner’s Office. We use your information only for the following purposes:
When you create a shopping account while ordering online you will be given the option to receive information from Brandler Galleries by e-mail, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “REMOVE” in the subject line, by e-mailing us at info@lostballoongallery.com.
Your Personal Information may be disclosed to reputable third parties who will help process your order. Lost Balloon Gallery requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.
We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping cart at any time – if you do not accept Cookies you will not be able to use this Website.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Purchase of products
Orders
All orders are subject to acceptance in accordance with our Order acceptance policy.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
Non-acceptance of an order may be a result of one of the following:
Contract cancellation
Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products.
If you wish to exercise your right to cancel this contract after your order has already been dispatched please follow the procedure set out in our Returns policy.
Please note that your right to return Products does NOT apply to Products which are not returned in the condition in which they left our warehouse.
Returns Policy
Please contact our Customer Services team in writing (email is acceptable) to inform them of your intention to return the goods. Please also state whether you require a refund or replacement.
If a return is made after 7 working days but within 30 days following receipt, you must arrange for the goods to be safely returned to us stating in writing (as above) the reason for their return. You should arrange for the goods to be returned to us by Royal Mail’s Special Delivery or a similar ‘signed for’ service in their original condition and unopened packaging. We will refund monies paid by you for the goods (including delivery costs), except for return postal charges within 30 days of your cancellation.
Description of products
Each Product purchased is sold subject to its Product Description which sets out specifications related to that Product including, without limitation, garment size and colour.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products ordered including mainland UK delivery charges. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.
You confirm that the credit, debit or store card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Refusal of transaction
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Brandler Galleries and you are expected to do.
You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.
Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Contact details for Brandler Galleries are set out in the Contact us section of our Website.
Artists Resale Right:
With effect from 1st January 2012 the ARR was extended to 70 years after the death of an artist. The charge is the joint and several liability of the buyer and seller. On any sale made by us subsequent to the 1st January 2012 the full ARR will be the responsibility of our buyer.
Lost Balloon Gallery is committed to the prevention of bribery and corruption and endeavours to conduct all its business with integrity and within the requirements of the Bribery Act 2010. All staff, service providers and other third parties associated with Lost Balloon Gallery are required to engage in the highest standards of ethical business behaviour to ensure appropriate and honest corporate decisions and actions are consistently taken.
lost Balloon Gallery does not tolerate, permit, or engage in bribery, corruption or improper payments of any kind in our business dealings, anywhere in the world, both with businesses and private individuals.
Lost Balloon Gallery promotes transparency and insists all staff and associated third parties adhere to the Company's Anti-Bribery Policy and has implemented a rolling programme of risk assessments, business process reviews and awareness training for all staff to reduce any risk of potential non-compliant activity.
The Company's business policies and practices support Lost Balloon Gallery adherence to the anti-bribery and corruption legislation and encourage every employee and associated third party to practice and promote ethical and honest business practices at all times.
Any employee found in breach of the associated policies will be subject to disciplinary action up to and including summary dismissal; third parties associated with Lost Balloon Gallery who are found to be exposing Lost Balloon Gallery to bribery and corruption risk will be investigated and appropriate action taken.
Any concerns or suspicions relating to bribery and corruption should be immediately reported to any Director of the business by email to info@lostballoongallery.com