Terms and Conditions: Art Gallery and in-person
Please note: These terms and conditions only apply to purchases made at our physical gallery in Knutsford, Cheshire or to purchases made at art fairs and other in-person events. If you are purchasing online, from our website (or other forms of distance selling), please view our online terms and conditions.
Your contract will be with ZDG Art Limited (trading as ‘Oil Art Advisory' or 'The Oil Art Advisory Gallery').
In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring to ZDG Art 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 us.
We amend these Terms from time to time as set out in clause 3. 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 in October 2024.
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.
1. INFORMATION ABOUT US
1.1 Oil Art Advisory is a trading name of ZDG Art Limited, registered in England & Wales (company no. 14773786) whose registered office is at 1, Worsley Court, High Street, Worsley, Manchester, M28 3NJ, United Kingdom. We operate the website https://oilartadvisory.com.
1.2 Contacting us with enquiries, feedback or complaints: Please e-mail us at enquiries@oilartadvisory.com or contact our Customer Services team by telephone: +44(0)1565 758744 on Tuesday to Friday 10am-5.00pm, or by post to The Oil Art Advisory Gallery, 8, King Street, Knutsford, Cheshire, WA16 6DL, United Kingdom. If you are emailing us or writing to us please include details about 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. HOW WE USE YOUR PERSONAL INFORMATION
2.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
2.2 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.
3. OUR RIGHT TO VARY THESE TERMS
3.1 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.
3.2 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.
3.3 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.
4. EXCHANGED GOODS AND REFUNDS
Oil Art Advisory is happy to offer an exchange / credit note for items, provided that:
4.1 Goods are returned within a reasonable time. Goods are received in the same condition as when they left the gallery. In both cases a valid Sales Receipt must be produced.
4.2 Any cost of returning items is to be covered by the customer.
4.3 PLEASE NOTE: We are not able to offer cash refunds under these circumstances. We also cannot offer exchanges / credit notes for goods tailor-made to personal requirements, such as hand-crafted framing or commissioned artworks.
4.4 Refunds
Refunds will only be provided if:
4.4.1 Goods are found to be faulty. (Except where a fault was specified at the time of purchase).
4.4.2 Goods ordered are unavailable.
4.4.3 Goods provided are different to those on the original order.
4.4.4 We must be made aware of any errors or faults within a reasonable time.
4.4.5 Under such circumstances refunds will be made in the same way as the original payment.
4.4.6 If you purchase items using the Own Art Scheme or other finance options and cancel your credit agreement for whatever reason, you must immediately arrange alternative payment for any items purchased under the scheme. Cancellation of your agreement does not constitute an entitlement to a refund.
Your statutory rights are not affected.
5. DEPOSITS
Minimum 50% deposit. All deposits are non-refundable, and any outstanding balance must be paid in full before any ordered item is despatched.
6. DELIVERY OF GOODS
6.1 Goods will be delivered as quickly as possible, with the vast majority within 30 days, however by accepting these terms it is agreed that delivery may take up to 8 weeks. On the rare occasion of a delivery taking more than 8 weeks this will be agreed with you when placing your order.
Your Oil Art Advisory Art Advisor will explain any delivery charges prior to completing your sale. There may also be other occasions when delivery charges apply, such as:
• If a delivery is returned to us as undeliverable/undelivered, we then reserve the right to charge for any additional delivery
• Additional items are added after your order is placed
• If the total value of your order is changed for any reason, after your order is placed
6.2 Items despatched outside the UK
Orders delivered outside the UK may be subject to local import duties or taxes. Please note these additional costs are outside our control and are payable by the customer to the local organisation concerned. We accept no liability for failure to comply with any local laws or regulations.
7. ITEMS ORDERED TO COLLECT FROM THE GALLERY
The Oil Art Advisory Gallery makes every effort to contact customers using the details left at the time of order. If, however an item is not collected within 4 months of the order date, the item will be donated to a charity or similar worthy cause.
8. PRICE OF PRODUCTS AND DELIVERY CHARGES
8.1 We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto our system. However please see clause 9.7 for what happens if we discover an error in the price of Product(s) you ordered.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.4 If you require a VAT / Tax Invoice, please email us, quoting the name the order was placed in and your order number at sales@oilartadvisory.com.
8.5 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.
8.6 The price of a Product does not include delivery charges. Our delivery charges are as advised to you when you complete your order. Other delivery charges may apply in certain circumstances, such as:
• If a delivery is returned to us as undelivered, we reserve the right to charge for any additional delivery
• Additional items are added after the checkout
• If the total value of your order is changed for any reason, after completing checkout
8.7 Our inventory 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.
9. ACCEPTED PAYMENT TYPES AND METHODS
9.1 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) By a loan through Novuna Personal Finance (including for items eligible for the Own Art scheme)
(d) Bank Transfer
(e) Apple Pay or Google Pay
9.2 Payment for the Products and all applicable delivery charges is in advance.
9.3 Account Sale Strictly 30 Days Net
9.4 The following terms apply to purchases using our Gift Vouchers or Gift Cards (including any store credits that may have been issued as Gift Vouchers or Gift Cards):
(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, stolen or damaged Gift Vouchers.
(f) Our Gift Vouchers can be used at this website and at The Oil Art Advisory, King Street Gallery.
10. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 10 only applies if you are a business customer.
10.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
10.2 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.
10.3 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.
11. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 11 only applies if you are a consumer.
11.1 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.
11.2 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.
11.3 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.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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 12.2.
12.2 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.
12.3 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. OTHER IMPORTANT TERMS
13.1 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.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 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).
14. COMMISSIONED ARTWORKS
14.1 Payment
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.
14.2 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. In the event that a deposit has been paid the outstanding balance must be paid by bank transfer before the commission is released.
14.3 Timescales will vary from case to case and will be agreed with the artist at the point the order is placed.
14.4 Refunds
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.
14.5 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.
14.6 Copyright
The 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.
14.7 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 regards to specific delivery methods available to yourself.
15. Contacting Us
To contact us with enquiries, feedback or complaints: Please e-mail us at enquiries@oilartadvisory.com or contact our Customer Services team by telephone: +44(0)1565 758744 on Tuesday to Friday 10am-5.00pm, or by post to The Oil Art Advisory Gallery, 8, King Street, Knutsford, Cheshire, WA16 6DL, United Kingdom. If you are emailing us or writing to us please include details about 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.
We are committed to protecting your privacy. Please view our Privacy Policy
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8, King Street