Online Shop Terms and Conditions

 

1.      GENERAL TERMS AND CONDITIONS

1.1    These terms and conditions (the “Terms”) apply to:

          1.1.1   Purchases made through the online shop shop.royalacademy.org.uk;
          1.1.2   Sales of RA Editions through shop.royalacademy.org.uk/art-artists/all-artworks/edition-prints; and
          1.1.3   Sales of original artworks through shop.royalacademy.org.uk/art-artists/all-artworks (“Art Sales”).

These Terms apply regardless of how you access the Website.

1.2  By placing an order through the Website, you confirm that you have read, understood and agree to these Terms in their entirety. If you do not agree to these Terms in their entirety, you must not order any Goods and Services through the Website.

1.3   You may only use the Website for lawful purposes and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.

1.4   You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal use. You may not use the content of the Website for any commercial purposes whatsoever.

1.5    All Goods constituting artworks displayed on the Website can be viewed in the RA Shops and The Keeper’s House during the Royal Academy’s opening hours and in storage at RAE by special arrangement with RAE’s customer service (raonlineshop@royalacademy.org.uk) at the RAE's main trading address.

1.6    All net profits from sales by RAE go to support the Royal Academy of Arts, a registered charity registered in England and Wales (Registered No. 1125383).

2.     DEFINITIONS

2.1   “Art Sales” has the meaning set out in clause 1.1.

2.2   “Data Protection Legislation” means (a) all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (“DPA 2018”) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); and (b) where applicable, the EU General Data Protection Regulation 2016/679 (“EU GDPR”), in each case as amended and subject to any successor legislation.

2.3    “Event Outside Seller’s Control” means any act or event beyond the Seller's reasonable control including, without limitation; strikes, lock-outs or other industrial action, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, heavy rainfall, adverse weather, 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.

2.4   "Goods" and/or "Services" means all items purchased by you.

2.5   “Great Britain” means England, Scotland, and Wales (including the outlying islands which they respectively administer).

2.6.   “Seller” means (a) R.A. Enterprises Limited, for the purchase of any Goods and Services as described in clauses 1.1.1 and 1.1.2 above; and (b) the artist, for the purchase of an Art Sales artwork as described in clause 1.1.3 above.

2.7   “RA Cookie Policy” means the policy outlining RAE’s use of cookies, which can be viewed here: www.royalacademy.org.uk/cookies

2.8    “R.A. Enterprises Limited” (also referred to in these Terms as “RAE”) is a company registered in England and Wales under company number 1666333 (and VAT number GB100 1935 71) and is a wholly owned subsidiary of The Royal Academy of Arts. RAE’s registered office and main trading address is Burlington House, Piccadilly, London, W1J 0BD, United Kingdom. References in these Terms to “our” and “we” are references to RAE (unless the context otherwise requires).

2.9   “RA Privacy Policy” means the policy outlining the use of your data which can be viewed here www.royalacademy.org.uk/privacy

2.10  “RA Shops” means the physical shops located at The Royal Academy of Arts, Piccadilly, London, W1J 0BD.

2.11  “The Royal Academy of Arts” means the charity registered in England and Wales (1125383) which is established as a company limited by guarantee (company number 6298947) whose registered office is at Burlington House, Piccadilly, London, W1J 0BD (and is also referred to in these Terms as “the RA”).

2.12  “UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

2.13  “UK VAT” means value added tax or any equivalent tax chargeable in the UK.

2.14   “Website” means the website at royalacademy.org.uk and specifically the subdomains relating to the purchase of Goods and Services, as listed in clause 1.1, all operated by RAE.

3.     ORDERING

3.1   The Seller will treat each order for Goods and/or Services as an offer when you click on the “Place order now” button on the My Orders screen.

3.2   You are responsible for ensuring the accuracy of your order and the Seller shall supply you, subject to availability, with the quantity and specification of Goods and/or Services set out in your order.

3.3   RAE shall confirm each order by e-mail. The email confirmation will state what Goods and/or Services are on order, the total cost including UK VAT (where applicable), post and package charges, together with delivery and invoice details. If for any reason your order cannot be processed, a member of the Customer Services team will contact you.

3.4   Goods will be delivered to the address you indicate on the My Orders screen of the Website. RAE will send you an email confirming dispatch when the Goods have been released for delivery.

3.5   All Goods and Services are offered subject to availability.

4.     PAYMENT

4.1   You can pay for your order online using American Express, MasterCard, Visa and their debit card alternatives. RAE also accepts Maestro and Switch, but it is unable to accept non-UK Electron cards.

4.2   RAE does not retain your card details after processing your payment.

4.3   All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to RAE, your order will not be accepted and RAE will not be liable.

5.    PRICE

5.1   All prices on the Website are in British pounds sterling (GBP/ £) and must be paid in full (including any delivery charge and UK VAT where applicable) prior to dispatch of your order. The Seller’s delivery charges are as advised during the check-out process before you confirm your order.

5.2   The price stated by the Seller for any Goods and/or Services is inclusive of any UK VAT but excludes any import duties and taxes which may apply to orders for delivery outside Great Britain (see also clause 7).

5.3   Goods constituting “artwork” shall be covered by the Artist Resale Right (“ARR”) where applicable and in such cases, you agree to pay an amount equal to the resale royalty. All Goods constituting artworks which are subject to the ARR and relevant royalty amounts will be identified on the Website. This amount will be added to your order.

5.4   Prices on the Website may vary from time to time and may differ from those in the RA Shops.

6.     DELIVERY

6.1   RAE will aim to deliver:

          6.1.1   any Goods within your order (save for artworks) within 3 - 5 working days from the date of your order; and 
          6.1.2   any artworks within your order within fourteen working days from the date of the order

          however, in each case, please note that delivery may take up to 21 working days.

6.2   On occasions, Goods you have ordered might be delivered in instalments and RAE will make every effort to inform you if this is the case.

6.3   Where any Goods within your order require a signature on delivery:

          6.3.1   if the Goods cannot be delivered at the first attempt, redelivery on a subsequent date may be automatically attempted and/or RAE (or its agent) may contact you to arrange a new delivery date; and
          6.3.2   in the event of three failed attempts to deliver any Goods you have ordered, the Goods will be returned to the Seller and a full refund for the value of those Goods will be issued to you (excluding any delivery charges paid in respect of those Goods, which will not be refunded).

6.4   If RAE is unable to deliver any Goods within your order for any other reason, RAE (or its agent) will contact you to discuss and may cancel the order and issue a full refund for the value of those Goods (excluding any delivery charges paid in respect of those Goods, which will not be refunded).

7.     INTERNATIONAL ORDERS

7.1   The delivery of Goods to destinations located outside Great Britain (including Northern Ireland and countries within the European Union) might be subject to import duties and taxes which are applied when the Goods reach the country of destination. You are responsible for any such duties, taxes or charges which do apply and for obtaining any necessary import licence(s). In case of doubt, please contact your local customs office for further information before placing your order. If a delivery of Goods cannot be or is not completed because of any failure to pay any duties, taxes or charges which apply to those Goods, neither the Seller nor RAE shall be under any obligation to refund your order.

7.2   Goods may be subject to inspection by customs authorities and/or the requirement for entry declarations and any such measures which do apply are at your own risk and without liability to RAE. Any dispute as to the correct application of duties, taxes, charges or other import requirements shall be between you and the appropriate customs authorities and without liability to RAE.

7.3   As set out in clause 11.2, if an order delivered to a destination outside Great Britain is cancelled, you will be responsible for all costs associated with the return of any Goods to RAE, which might include import duties and taxes on entry of the Goods back into Great Britain. These costs will be deducted from any refund payable by RAE on receipt of the returned Goods.

8.     COLLECTION ONLY GOODS

8.1   Goods which are artworks on display might only be available for collection. Where applicable, RAE will contact you to arrange collection at the close of the exhibition, or where possible, before.

9.     RISK AND TITLE

9.1   Any Goods you have ordered will be your responsibility and at your risk from the time of dispatch. Ownership of the Goods will pass to you once the Goods have been received by you or on your behalf.

9.2   If you return any Goods to the Seller, you will remain fully responsible for those Goods (and they will remain at your risk) until the Goods have been received by RAE. RAE recommends you to use a recorded delivery service.

10.   YOUR RIGHT TO CANCEL YOUR ORDER

10.1   You have a right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) to cancel all or part of your order at any time up to 14 calendar days after the day on which you receive the Goods and/or Services you ordered.

10.2   Statutory rights of cancellation under the Regulations do not apply to certain Goods and Services (for example, food, gifts and personalised items) or any products with a hygiene seal where the seal is broken (including earrings suitable for pierced ears).

10.3   You may cancel your order and receive a full refund if an Event outside of the Seller’s Control occurs and lasts for more than 90 days.

10.4   RAE’s cancellation policy does not affect your statutory rights.

11.     EXERCISING YOUR RIGHT TO CANCEL YOUR ORDER

11.1   If you wish to cancel an order (or part of an order) you must notify RAE in writing and in respect of any Goods which you have purchased, return these unused and in their original packaging within 14 days. When RAE has received your written cancellation, you will be sent information on how and where to send the Goods being returned.

11.2   You will be solely responsible for all costs associated with the return of the Goods to RAE. Any costs which are incurred by RAE in connection with returned Goods (including any underpaid delivery costs and/or any customs fees in respect of Goods returned from destinations located outside Great Britain) may be deducted from the refund.

11.3   Subject to clause 11.4, RAE will reimburse you the purchase price for the Goods and Services within the order (or part order) which has been cancelled within 14 days of:

          11.3.1   for Services, receipt of your notice of cancellation; or
          11.3.2   for Goods, receipt of those returned Goods.

11.4   Any delivery charges which applied to your order will not be refunded.

12.     YOUR STATUTORY RIGHTS

12.1   In addition to your right to cancel in clause 10 above, the Goods you ordered must be of satisfactory quality, fit for purpose and as described. Within 30 days of the delivery, you may exercise the right to a refund if the product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period, but within six months of the date of delivery and where the Goods are faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. After six months of the date of delivery, similar rights exist, but only if you can prove that the fault was present at the point of delivery.

13.     FAULTY AND DAMAGED GOODS

13.1   In the unlikely event that your Goods arrive faulty or damaged, please contact the RA Online Shop team (raonlineshop@royalacademy.org.uk) to arrange the return of these Goods. Please also state the nature of the defect and let RAE know if you would like a refund, a replacement, or where possible, a repair. Goods that are unique cannot be replaced.

13.2   All faulty or damaged Goods must be returned in the original packaging with all relevant documentation (unless you are notified otherwise by RAE in writing). For UK orders, a Freepost address will be provided to you via email or by contacting the RA Online Shop team on 0800 634 6341. For the return of international orders, the correct return postage must be paid by you initially but will be refunded once the Goods have been safely received by RAE.

13.3   RAE recommends that you use a recorded delivery service or obtain a Certificate of Posting when returning Goods, as the Goods remains your responsibility and at your risk until they reach RAE.

13.4   RAE’s returns policy for faulty and damaged goods does not affect your statutory rights.

14.     EVENTS OUTSIDE SELLER’S CONTROL

14.1   The Seller shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by an Event Outside Seller’s Control.

14.2   If an Event Outside Seller’s Control takes place that does affect the performance of the Seller’s obligations under these Terms:

          14.2.1   RAE will contact you as soon as reasonably possible to notify you; and
          14.2.2   The Seller’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Seller’s Control and a new delivery date will be arranged or you may exercise your right to cancel, as set out in clause 10.3. 

15.    ART SALES

15.1   The artist of an RA Editions or Art Sales artwork will either be a Member of the Royal Academy of Arts (as a Royal Academician and/or Honorary Royal Academician) or an invited artist.

15.2   RAE helps facilitate Art Sales, but all purchases of an Art Sales artwork constitute a transaction between you and the artist of the artwork (or their authorised agent or representative) on these Terms. RAE receives a commission from Art Sales.

15.3   When purchasing an RA Editions artwork, a certificate of authenticity will be sent to you separately within 14 days of delivery of the artwork. When purchasing an Art Sales artwork, a certificate of authenticity (if any) may be issued by RAE (on behalf of the artist) or by the artist directly; please contact the RA Online Shop (see clause 20) to confirm the position.

15.4   Copyright in any Goods constituting artwork remains the property of the artist who created the work. You must not use, reproduce, copy or edit artworks which remain in copyright without obtaining a licence to do so from the artist who created the work. Any such use must be in accordance with applicable laws.

16.     AGE RESTRICTED PRODUCTS

16.1   The purchase of some Goods is restricted by law:

          16.1.1   Alcohol: alcohol and products containing alcohol must only be purchased by persons 18 years of age or over and are only available for delivery within the UK.
          16.1.2   Liqueur chocolates: Liqueur chocolates can only be purchased by, and for individuals aged 16 and over.
          16.1.3   Christmas crackers: Christmas crackers can only be purchased by, and for, individuals aged 12 and over.
          16.1.4   Knives: Knives and bladed items or articles (including sheath knives and all kitchen/ cutlery knives) can only be purchased by, and for, individuals aged 18 and over.

16.2   Delivery of any Goods listed above must be signed for by a person who is the required age. Couriers may ask for proof of age from the person who receives your order. Acceptable forms of identification include a passport, driver’s licence, national identification card or proof of age card.

16.3   The Seller reserves the right not to deliver your order if RAE or the courier is not satisfied that the person making or receiving the order is of the correct legal age for the Goods supplied. If this happens, RAE will contact you to verify your age and to rearrange delivery. You will be responsible for meeting the costs of redelivery. The Seller reserves the right to not deliver your order if it has reason to believe that the Goods are intended for use or consumption by someone under the correct legal age or has any other reason to believe that the Goods will not be used or consumed responsibly.

17.    PROMOTION CODES

17.1   Any valid promotional codes can be used at the time of ordering to give you a saving on a new order placed via the RA Online Shop only.

17.2   Promotion codes are valid only for a limited time period. The expiry date will be specified alongside the relevant promotion code.

17.3   Only one promotion code can be used per order.

17.4   Promotion codes and Friends discount codes are not valid in conjunction with any other promotion. Promotion and discount codes are not valid on sale Goods or other discounted Goods unless expressly specified otherwise. Promotional codes and Friends discount codes are not valid on limited edition art, special edition publications, RA Magazine subscriptions, RA Friends membership, RA Varnishing Day Portfolio, sale products, gift vouchers, stamps or our Print on Demand service.

17.5   RAE reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed. RAE reserves the right to change or withdraw a promotional offer at any time.

17.6   For Goods returns with applicable promotions, refunds will be given for the original purchase price once the discount is applied, but minus any shipping costs charged on the original order. RAE cannot refund or exchange Goods that have been personalised.

17.7   Where part of an order is returned and you do not require replacement of the returned Goods:

          17.7.1   the value of the discount applied on that order will be apportioned to both the retained and returned discounted Goods proportionately; and
          17.7.2   if your order no longer qualifies for the discount when part of the order is returned (for example, if a minimum purchase was required for the discount to apply) then you will need to pay the undiscounted value of the Goods retained. This will be achieved through an adjustment to the amount due to you for the returned Goods. If necessary, RAE reserves the right to charge you any excess due as a result of the return.

18.     DATA PROTECTION

18.1   RAE shall comply with all applicable requirements of the Data Protection Legislation in the processing of the Personal Data.

18.2   RAE shall only process Personal Data:

          18.2.1   for the purposes of processing your order;
          18.2.2   in accordance with any consent you have given the RA; and
          18.2.3   otherwise in accordance with the RA Privacy Policy and these Terms

          unless it is required to process the Personal Data by law, in which case it shall inform you (to the extent permitted by law) of that legal requirement before carrying out the relevant processing.

18.3   Any Personal Data you provide relating to an order for Art Sales might also be shared with the artist of that artwork.

18.4   Your placement of an order is taken as consent to the processing of your data under clauses 18.2 and 18.3.

18.5   RAE will give you the option to receive further information from the RA, RAE and from other selected organisations, when you place an order.

19.    COOKIES

19.1   RAE uses cookies to give you the best experience on our Website under the terms of the RA Cookie Policy. You can change your cookie settings at any time but if you do, you may lose some functionality on our Website.

20.    CONTACT AND COMPLAINTS

20.1   If you would like further information regarding your order or wish to make a complaint, please telephone the RA Online Shop team on 020 7300 8090 or email at raonlineshop@royalacademy.org.uk. RAE’s opening hours are Monday to Friday 9:00 am – 5:00 pm GMT.

21.     LIABILITY

21.1   Subject to the remaining provisions of this clause 21, if the Seller fails to comply with these Terms, it shall be responsible for any direct loss or damage you suffer as a result of the Seller’s breach provided that the Seller has no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, goodwill or any other indirect or consequential loss.

21.2   The Seller does not in any way exclude or limit its liability for:

          21.2.1   death or personal injury caused by its negligence;
          21.2.2   fraud or fraudulent misrepresentation; or
          21.2.3   any other liability that cannot be limited under applicable law.

21.3   The Seller’s total liability in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods and/or Services which you have purchased.

21.4   Except as expressly stated in these Terms, the Seller does not give any representation, warranties or undertakings in relation to the Goods or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the Seller will not be responsible for ensuring that the Goods or Services are suitable for your particular purpose.

21.5   The Seller shall not be liable if for any reason the Website is unavailable in part or whole at any time or for any length of time. Access may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Seller’s control.

22.     DISCLAIMERS

22.1   The Seller will take every care to ensure that any descriptions, prices, colours and availability of Goods, as shown on the Website, are accurate. There may be some changes which are beyond the Seller’s control and variations that are to be expected in handmade Goods and Goods which are artworks. Actual colours may vary from the colours displayed on your screen due to monitor restrictions. Goods constituting editions of the artworks are individually hand-made works and variation across the editions is characteristic of these artworks. Sizes are given as a guide only.

22.2   Despite the Seller’s best efforts, occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers and availability of Goods. The Seller reserves the right to correct any errors, inaccuracies or omissions; to change or update information; and to refuse to accept orders or cancel orders if any information on the Website is incorrect at any time without prior notice. Where the correct price of Goods you order is less than the stated price, RAE will charge the lower amount when sending the Goods to you. If the correct price of Goods is higher than the price stated on the Website, RAE will, at its discretion, either contact you for instructions before delivering the Goods or reject your order and notify you of such rejection. The Seller is under no obligation to provide Goods to you at an incorrect (lower) price, even after the Seller has sent you notice of dispatch.

23.     LEGAL

23.1   Your order is made on these Terms (including the RA Privacy Policy) and constitutes the entire agreement between you and the Seller and supersedes all previous agreements relating to its subject matter.

23.2   No other person other than you and the Seller shall have any rights to enforce any term or condition of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

23.3   RAE shall comply with the Modern Slavery Act 2015 to ensure that modern slavery does not exist in its supply chains.

23.4   If the Seller does not insist upon strict performance of any of your obligations under these Terms, or if the Seller fails to exercise any of the rights or remedies to which the Seller is entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

23.5   If a court or any other competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other Terms shall not be affected.

23.6   These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the purchase of any Goods and/or Services through the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

24.     ONLINE PRE-PACKAGED FRIENDS MEMBERSHIPS 

24.1   A Pre-Packaged Friends Membership is a physical membership pack purchased via the RA Online Shop and then subsequently activated by phone or in person.

24.2   The terms and conditions for Pre-Packaged Friends Memberships include the provisions of this clause 24 together with the standard terms and conditions for Friends memberships: at https://www.royalacademy.org.uk/terms-and-conditions#friends-membership

24.3   Membership is valid for one year from the date of activation and can be activated by the recipient at any point within six months of purchase.

24.4   To activate the membership, the recipient will need to call the RA Membership Team on 020 7300 8090 within the six-month period, providing the activation code in the membership pack and giving their relevant personal information so that the RA can process the membership.

24.5   The activation code provided in the membership pack will expire six months after the purchase date.  Expired codes will not be accepted.

24.6   Your membership will not automatically renew after it expires.

24.7   To renew your membership after the first year you must either renew online at royalacademy.org.uk/friends-of-the-royal-academy; over the phone on 020 7300 8090; or at the Friends desk in the entrance halls of the RA.

24.8   As stated in the standard terms and conditions for Friends memberships, the purchase of a Friends membership constitutes a charitable donation to the Royal Academy of Arts and as such is non-refundable.

 

(Updated 6 April 2022)