Terms and Conditions

Updated November 2023

This page tells you information about us and the legal terms and conditions (Terms) on which products (Products) listed on our website accessible at www.bobcatgallery.co.uk (Platform) are sold to you. These Terms will apply to any contract for the sale of Products to you (Contract). When you purchase Products on our Platform you will either purchase these directly from us, or from a third party seller, e.g. an individual artist if the works are not held directly by us (Seller). We will handle communications with the Seller on your behalf.

Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

These Terms, and any Contract between us, are only in the English language.

USE OF OUR SITE

Your use of our Platform is governed by these Terms. Please take the time to read these, as they include important terms which apply to you.

OUR RIGHT TO VARY THESE TERMS

We may revise these Terms from time to time in the following circumstances: 

a) changes in how we accept payment from you

b) changes in how we conduct business

c) changes in relevant laws and regulatory requirements

Each time you order Products from our Platform, the Terms in force at that time will apply to the Contract.

The date given at the top of this page will always show when these Terms were last updated.

INFORMATION ABOUT US

We operate the Platform. We are BobCat Gallery, registered at Ground Floor Flat, 380 Upper Richmond Road West, London, SW14 7JU, United Kingdom. To contact us, please email contact@bobcatgallery.co.uk. 

HOW WE USE YOUR PERSONAL INFORMATION

1.2 The packaging of the Products may vary from that shown on images on our Platform.

1.3 All Products shown on our Platform are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process that order.

2.2 After you place an order, you will receive an email acknowledging that your order has been received. We will confirm our acceptance of your order to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation).

2.3 All Products shown on our Platform are subject to availability. If we or the Seller are unable to supply you with a Product, for example because that Product is no longer available or because of an error on our Platform, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

3. YOUR RIGHTS AS A CONSUMER

3.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice abut your legal rights is available from Citizens' Advice or the Trading Standards office. Nothing in these Terms will affect these legal rights.

4. YOUR CANCELLATION AND REFUND RIGHTS

4.1 You have a legal right to cancel your order at any time until you receive our Dispatch Confirmation. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel under these regulations is available from Citizens' Advice or the Trading Standards office. This cancellation right does not apply in the case of any made-to-measure or custom-made products.

4.2 To cancel your order, you must contact us by using a tool provided within the Platform (within your account), or in writing by sending an email to contact@bobcatgallery.co.uk. You may wish to keep a copy of your cancellation notification for your own records.

4.3 If you decide to cancel your order, you will receive a refund of the price you paid for the Products, minus any card processing fees we have incurred (usually around 1.75% per transaction, this can be higher for international cards and will be confirmed in writing). We will process the refund due to you within 3 working days, or as soon as possible; in any case, within 14 calendar days of the day on which you gave us notice of cancellation.

4.4 We will refund you on the credit card or debit card used by you to pay.

4.5 If the Products were delivered to you after you sent notice of cancellation, you must return the Products as described in Section 5. Please note, you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

4.6 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by our returns policy or these Terms. Advice about your legal rights is available from Citizens' Advice Bureau or the Trading Standards office.

5. RETURNS AND REFUNDS

5.1 We offer every customer 14 days in which to request a return and refund on your order, minus any card processing fees we have incurred (usually 1.75% per transaction, this may be higher for international card payments and will be confirmed in writing); unless you are returning an item damaged in transit or a faulty item, in which case you will be refunded in full.

Please note the following is required for a returns request to be accepted:

- it has to be less than 14 days since you have received the artwork.

- the artwork(s) must be returned in the same condition as they arrived and in appropriate packaging - ideally in the original packaging - and include any original certificate(s).

- please note artwork(s) must be carefully readied for return shipment in order to qualify for a refund. It is important therefore that you take care when unpacking received artworks. If the packaging was insufficient, please package to the best of your ability and be sure to take pictures for insurance purposes.

5.2 For artwork(s) that arrived damaged we ask for a photo of the damage to be provided.

5.3 To request a return and refund, please email contact@bobcatgallery.co.uk stating your reason for returning the artwork(s), and including an image if the artwork has arrived damaged.

5.4 Once we receive your request we will respond within one working day, and confirm arrangements for the return of the artwork(s). Once we confirm the artwork is safely back with the artist, your refund will be processed.

5.5 Please note: you have 14 days from receipt of the artwork in which to request a return and a further 14 days in which to fulfil it.

6. DELIVERY

6.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control (as defined in Clause 14.2), and we will provide you with a tracking number if applicable once the Product(s) have been shipped. If we are unable to fulfil delivery because of an Event Outside Control, we will contact you as soon as possible.

6.2 Delivery will be completed when the Products are delivered to the address you gave us.

6.3 The Products will be your responsibility from the completion of delivery.

6.4 You own the Products once we have received payment in full, including any applicable delivery charges.

7. INTERNATIONAL DELIVERY

7.1 If you order Products from our Platform for delivery to an International Delivery Destination, 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.

7.2 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.

7.3 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.

8. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 The prices of the Products will be as quoted on our Platform. 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. It is always possible that, despite our reasonable efforts, some of the Products on our Platform may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will 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, e.g. email or telephone, 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 mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price.

8.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

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 Unless otherwise stated on the Product page or at checkout, the price of a Product includes Delivery Charges for delivering that Product to you (Delivery Charge). If delivery is not included in the Product price, the relevant charges will be made explicit for each product listing and on your basket summary before placing your order.

9. HOW TO PAY

9.1 You can pay for Products using the payment method(s) displayed as available to pay for the relevant Products when you checkout.

9.2 We will debit your chosen payment method for the amounts payable in relation to the Products and any applicable Delivery Charges at the time of purchase.

9.3 If you would like to discuss a three month instalment plan for your purchase(s), please email us at contact@bobcatgallery.co.uk. We will create a binding agreement with you, and once payment has been received in full, your item(s) will be dispatched.

10. NO WARRANTY BY BOBCAT GALLERY

10.1 BobCat Gallery makes no representations or warranties of any kind (express or implied) with regard to any Products and will not be responsible for the Authorship Warranty provided by the Seller.

11. OUR LIABILITY

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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

11.2 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. THE SELLER’S WARRANTY FOR THE PRODUCTS

12.1 The Seller provides a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 12.2.

12.2 The warranty in clause 12.1 above does not apply to any defect in the Products arising from: a) fair wear and tear; b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

12.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13. THE SELLER’S LIABILITY

13.1 If the Seller fail to comply with these Terms, the Seller are responsible for loss or damage you suffer that is a foreseeable result of the Seller’s breach of these Terms or its negligence, but the Seller are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and the Seller at the time you entered into the Contract.

13.2 Nothing in these Terms limits or excludes liability for: a) death or personal injury caused by the Seller’s 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.

14. EVENTS OUTSIDE CONTROL

14.1 We or the Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 10.2.

14.2 An Event Outside Control means any act or event beyond 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.

14.3 If an Event Outside Control takes place that affects the performance of our or the Seller’s obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

15. COMMUNICATIONS BETWEEN US

15.1 When we refer, in these Terms, to "in writing", this will include email.

15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail: contact@bobcatgallery.co.uk. We will confirm receipt of this by contacting you in writing, normally by email.

15.3 If we have to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us in your order.

16. OUR ROLE

16.1 Where you purchase Products offered by a Seller via the Platform, a Contract is concluded between you and that Seller via the Platform as specified. We are not a party to that Contract, but each Seller authorises us as its commercial agent to promote the Seller’s Product(s), to conclude the sale of its Product(s) under the terms of each Contract and to accept payment on that Seller’s behalf, in accordance with these Terms via the Platform. In this limited capacity, we are neither the buyer nor the seller (or reseller) of the Product(s) that the Seller offers for sale. We are not your agent for any purpose. The Seller, and not us, is responsible for performing the obligations under the terms of any Contract between you and a Seller. Each Seller is the seller of record for all sales by that Seller to you via the Platform, but you pay us via the Platform for any Product(s) that you purchase. Your obligation to pay for any Product(s) is satisfied when you properly pay us for the Product(s) via the Platform. Because we conclude the sale on behalf of the Seller and your payment to us satisfies your obligation to pay for the Product(s) you purchase from the Seller, our name will appear on your payment card statement.

The Seller will dispatch or arrange for the dispatch of the Product(s) you have purchased after receiving our notification of your order. You may only pay for Product(s) via the Platform and the Seller must not invoice you outside the Platform. Any refunds may only be initiated to you via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Product(s) purchased via the Platform. We do not charge you any fee for access to the Platform. We charge Sellers for acting on their behalf in the limited capacity described above.

17. OTHER IMPORTANT TERMS

17.1 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.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 Nothing in these Terms is intended to confer any benefit or entitlement on any person other than you and any Seller with whom you have a Contract, and no such other person shall have any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.4 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.

17.5 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.

17.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our Platform and any dispute or claim arising out of or in connection with it will be governed by English law. You and we and the Seller 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 resident of Scotland, you may also bring proceedings in Scotland.

17.7 Please contact us at: contact@bobcatgallery.co.uk directly for all queries, complaints and issues that relate to the Seller’s orders, unless described otherwise in these Terms.