These Terms and Conditions form the contract between you and Tides Fine Art Gallery (‘we’, ‘our’, or ‘us’).

The following Terms and Conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.

In this agreement:

‘Content’

means any content in any form published by us or by any third party with our consent on our Store or any other website, including our social media pages.

‘Intellectual Property’

means intellectual property owned by us, of every sort, including Content and designs, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today, together with all rights which are derived from those rights.

‘Product’

means any of the products we offer for sale in our Store, or, if the context requires, a product that we sell to you.

‘Store’

means our Shop page within this website.

  1. Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement
  2. If you make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you
  3. We do not guarantee that a Product that we advertise is available
  4. The price of a Product may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Product
  5. If in future, you buy Products from us under any arrangement which does not involve your payment through our Store; these terms still apply so far as they can be applied
  6. We may not be able to deliver our Products to all countries. We may refuse to deliver Products if you live in a country we do not serve

  1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch the Products to you
  2. At any time before the Products are despatched, we may decline to supply the Products to you without giving any reason
  3. If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
    1. accept the alternatives we offer; or
    2. cancel all or part of your order

  1. The price payable for a Product that you order is clearly set out at the checkout page of our Store
  2. If, by mistake, we have under-priced any Product, we will not be liable to supply that that Product to you at the stated price provided that we notify you before we despatch it to you
  3. Delivery charges, which are calculated according to current Royal Mail guidelines, will be shown at the checkout
  4. If we owe you money, we will credit your payment card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due

Our Refund and Returns policy forms part of these Terms and Conditions.

Our policy includes information about liability for subsequent defects.

Our Delivery Policy forms part of these Terms and Conditions.

This paragraph applies so far as the applicable law allows.

  1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub-paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term
  2. Our Store is provided ‘as is’. We make no representation or warranty that it will be: useful to you; of satisfactory quality; fit for a particular purpose; or available or accessible, without interruption, or without error
  3. In respect of any Product we are in no way responsible for your choice to buy it, the ordering of it, the provision of it, and any complaint about it
  4. Our Store may contain links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website
  5. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Store
  6. We shall not be liable to you for any loss or expense which is: an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it
  7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the previous twelve months
  8. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us
  1. You agree that at all times you will:
    1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it; and
    2. notify us of any suspected infringement of our Intellectual Property
  2. Without our express permission you agree so far as concerns Content made accessible by us to you, not to:
    1. copy or replicate it for use by any other person in any way not intended by us;
    2. make any change to it or any part of it;
    3. publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
    4. send it to, distribute it to, or share it with any other person;
    5. use it in any way in which it is not intended to be used; and
    6. not to use our Intellectual Property except directly in our interest

You agree to indemnify us against all costs, claims and expenses arising directly or indirectly from:

  1. any act, neglect or default of yours in connection with this agreement or your use of our Store;
  2. your breach of this agreement;
  3. your failure to comply with any law; and
  4. any contractual claim arising from your use of our Store

Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms
  2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title
  3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future
  4. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by e-mail. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an e-mail message confirming receipt is sent if sent by e-mail
  5. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation
  6. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act
  7. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees
  8. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country