Terms and Conditions
Last updated: 29 October 2014
These terms and conditions (the “Terms”) apply to the sales of the following items:
I. Purchases made by you at the RA Online Shop from RA Enterprises Ltd (“RAE”) through the website under the subdomain name shop.royalacademy.org.uk;
II. Sales of artworks made by RAE through the website under the subdomain name www.royalacademy.ork.uk/art sales; and
III. Sales of artworks labelled “Artist Sales” through the website under the subdomain name www.royalacademy.ork.uk/art sales. The Artist Sales are made directly by the identified Artist to you.
All of the above items are referred to as “Goods” in these Terms. The term “Seller” in these Terms is used to refer to RAE for the Goods described at I and II above and to the Artist for the Goods described at III above.
For Goods where RAE is the Seller, the contract is made between you and RAE. For Goods where the Artist is the Seller, the contract is made between you and the Artist. Both contracts are made on these Terms.
1. INFORMATION ABOUT RAE
The website under the subdomain names: shop.royalacademy.org.uk and www.royalacademy.ork.uk/art sales (the “Website”) is operated by RAE (RA Enterprises Ltd) which is 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. For any questions or information, or in the event a complaint, please contact email@example.com.
All profits from the sales by RAE go to support the Royal Academy of Arts, a registered charity registered in England and Wales (Registered No. 1125383).
2. ARTIST SALES
This clause 2 applies to the Artist Sales only.
a. The Artist of the Artist Sales work is a Member of the Royal Academy of Arts (Royal Academician and/or Honorary Royal Academician) or another artist who created the artwork. The address of the Artist is set forth on the Sales Invoice and the Artists can also be reached care of RAE in relation to the Goods.
b. While RAE helps facilitate transactions that are carried out using the Website, as stated above, when you purchase the Artists Sales work the contract is made between you and the Artist on these Terms. RAE is not a party to this contract and you must look only to the Artist to the performance of contracts for Artist Sales.
c. RAE receives a commission from the Artist Sales.
3. AVAILABILITY, PRICES, DELIVERY AND OTHER INFORMATION
The Goods are offered subject to availability.
All prices are in £ sterling, including tax where applicable, and must be paid in full including the delivery charge which may be an additional charge. The price of any of the Goods does not include delivery charges which are payable in addition to the price. The Seller’s delivery charges are as advised to you during the check-out process, before you confirm your order.
Please note that if you buy Goods constituting an artwork covered by the Artist Resale Right (“ARR”), 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 invoice.
Prices at the Website may vary from those in the RA Shops.
All amounts must be paid in full before Goods will be shipped.
RAE will aim to deliver your order within 3 - 5 working days from the shipment date, although please allow up to 21 days for delivery. If for some reason RAE is unable to deliver on this date RAE will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing you with the full amount.
Please note that sometimes Goods will be delivered in instalments. RAE will make every effort to inform you by email if this is the case.
Upon lapse of 30 days of the moment when your Goods are ready for delivery, without the Goods having been delivered on grounds not attributable to RAE (such as failed attempts to deliver), the Seller shall understand that you wish to cancel the contact and it shall be treated as terminated. The price paid by you will be refunded to you for such Goods and the Seller shall be authorised to pass on you any delivery costs and costs incurred in the termination of contact.
d. Collection only Goods
Please note that the Goods which are artworks featured in the Keeper’s House exhibition are available for collection only. If you have ordered Goods constituting artworks featured in the exhibition, we will contact you to arrange collection at the close of the exhibition, or where possible, before.
e. International Delivery
• If you order any Goods from the Website for delivery to outside the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that RAE has no control over these charges and RAE cannot predict their amount.
• You will be responsible for payment of any such import duties and taxes and for obtaining any necessary import licences. Please contact your local customs office for further information before placing your order.
• You should be aware that cross-border shipments are subject to opening and inspection by customs authorities which is beyond Sellers’ control or responsibility.
f. Other information
The Seller will take every care to ensure the Goods descriptions, price, colour and availability are accurate, and in the case of consumers, the Seller acknowledges an obligation to supply Goods in conformity with these Terms. However, there may be some changes which are beyond the Seller’s control and variations are to be expected in handmade Goods and Goods which are artworks. Please note that 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.
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 the Goods’ descriptions, pricing, promotions, offers and availability. The Seller reserves the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel contracts if any information on the Website is incorrect at any time without prior notice. Where a correct price of the Goods is less than the stated price, RAE will charge the lower amount when sending the Goods to you. If a correct price of the Goods is higher than the price stated on the Website, RAE will normally, at its discretion, either contact you for instructions before shipping the Goods or reject your order and notify you of such rejection. The Seller is under no obligation to provide the Goods to you at an incorrect (lower) price, even after RAE has sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
For further information, or in the event a complaint, please contact: firstname.lastname@example.org
g. Display of the artworks
All Goods constituting artworks displayed on the Website can be viewed in The Keeper’s House during the Royal Academy’s opening hours and in storage at RAE by special arrangement with RAE’s customer service (email@example.com) at RAE’s main trading address as stated above.
The Seller will treat each order for Goods, which is confirmed when you click on the “Place order now” button on the My Orders screen, as an offer by you to purchase the Goods subject to these Terms. 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 set out in your order. RAE shall confirm each order by e-mail. The email confirmation will state what Goods are on order, the total cost including 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.
Goods will be delivered to the address you indicate on the My Orders screen. The risk of damage to or loss of the Goods passes to you at the time of delivery.
The contract for the sale of Goods is made between the Seller and you when the Goods are dispatched to you. RAE will send you an email confirming dispatch when the Goods have been shipped and such confirmation shall be the Seller’s acceptance of your offer to buy Goods.
Where an order is to be fulfilled in instalments, those Goods yet to be dispatched shall not form part of the contract with you until they are dispatched.
You should check all emails (including Sales Confirmation and Sales Invoice). It is your responsibility to ensure that the details in these emails are correct. If there are any errors, please contact RAE’s customer service immediately at firstname.lastname@example.org.
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. RAE does not retain your card details after processing your payment. 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 for any delay or non-delivery.
Verified by Visa, American Express Safekey and Mastercard Securecode, also known as 3-D Secure, is an extra level of security developed by Visa and MasterCard offered to customers over the Internet. When you initiate a transaction using one of these card issuers you will be redirected to the website of your card-issuing bank to authorise the transaction. You will have to enter your password, or create one if you don’t already have one, which will then redirect you back to the Website to complete your order. If you are creating a password, you can then use this password on any other site that uses 3-D Secure technology. Please note: this password is separate from the one you use to log in to the RA Online Shop.
6. RISK AND TITLE
The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you at delivery. Risk in relation to Goods being returned to RAE passes from you to RAE once the Goods reach RAE therefore RAE recommends using a recorded delivery service. Goods will be delivered to you with full title guarantee.
7. ARTWORKS: COPYRIGHT AND REPRODUCTION
a. Copyright in the Goods constituting artwork remains the property of the artist who created the work.
b. You must not use any part of the images of the Goods constituting artworks which remain in copyright for commercial purposes without obtaining a licence to do so from RAE or the artist who created the work.
c. Any use by you of images of the Goods constituting artworks must be in accordance with applicable laws.
The price stated by the Seller for any Goods is inclusive of any VAT. It is the Artist's responsibility to determine whether VAT or other similar sales taxes on the sale to you apply to the Artist Sales and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. RAE is not obliged to determine whether any VAT or other taxes apply to the Artist Sales. You are responsible for all taxes and customs charges relating to the export of the Goods from the UK (see clause 3d above).
9. RETURNS AND DAMAGED GOODS
The following state the provisions of the Terms relating to returns and damaged goods. They do not affect any statutory rights that you may have as a consumer.
By law, customers in the EU have the right to withdraw from the purchase of the Goods before you are notified that any of the Goods have been dispatched. In addition, you have the right to cancel your purchase within 14 days of the day after the date your Goods have been delivered (the statutory cooling off period). You must notify RAE of your wish to cancel your purchase (see Refunds and Returns page), complete the Certificate of Authenticity. You must then return the unwanted Goods, unused and with the original packaging within 14 days of notifying RAE of your decision to cancel. RAE will then reimburse you the purchase price within 14 days of receipt of the returned Goods. Please note that unless they are defective, RAE cannot refund or exchange Goods that have been personalised or earrings suitable for pierced ears.
In the unlikely event that your Goods arrive faulty or damaged, please contact the e-commerce team (email@example.com) to arrange the return of these Goods. Please also state the nature of the defect and let RAE know if you would prefer a refund, a replacement, or where possible, a repair. Please note that Goods that are unique cannot be replaced. All faulty or damaged Goods shall be returned in the original packaging with all relevant documentation including the Certificate of Authenticity. Please ensure the correct return postage has been paid. This will also be refunded when you return the Goods to RAE.
RAE recommends that you use a recorded delivery service or obtain a Certificate of Posting, as the parcel remains your responsibility until it reaches RAE. RAE’s returns policy does not affect your statutory rights.
10. DATA PROTECTION
RAE may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
Every time you order Goods from the Website, the Terms in force at the time of your order will apply to the contract between you and the Seller.
RAE may revise these Terms as they apply to your order from time to time before shipment to reflect any changes in relevant laws and regulatory requirements. If this should be the case, RAE will contact you to give you notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive.
Revised terms will apply to contracts made between you and RAE and you and the Artist.
12. ONLINE ACCESS
While RAE endeavours to ensure that the Website is available 24 hours a day, it will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period. Access may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond RAE’s control.
To read the Cookies policy please click here.
14. LIABILITY (CONSUMERS)
This clause 14 only applies if you are a consumer.
a. If the Seller fails to comply with these Terms, the Seller is 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 is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Seller’s breach or if it was contemplated by you and the Seller at the time both parties entered into this contract.
b. The Seller only supplies the Goods to you for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and the Seller has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
c. The Seller does not in any way exclude or limit its liability for:
• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• 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);
• defective Goods under the Consumer Protection Act 1987;
• any other liability that cannot be limited under applicable law.
15. LIABILITY (BUSINESS CUSTOMERS)
This clause 15 only applies if you are a business customer.
a. The Seller only supplies the Goods for internal use by your business, and you agree not to use any Goods for any resale purposes.
b. Nothing in these Terms limits or excludes the Seller’s liability for:
• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
• any other liability that cannot be limited under applicable law.
c. Subject to clause 15.b, the Seller will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect or consequential loss.
d. Subject to clauses 15.b and 15.c, the Seller’s 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 Goods.
e. Except as expressly stated in these Terms, the Seller does not give any representation, warranties or undertakings in relation to the Goods. 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 are suitable for your purposes.
16. EVENTS OUTSIDE SELLER’S CONTROL
a. The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a contract that is caused by an Event Outside Seller’s Control.
b. An 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 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, 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.
c. If an Event Outside Seller’s Control takes place that affects the performance of the Seller’s obligations under a contract:
• RAE will contact you as soon as reasonably possible to notify you; and
• The Seller’s obligations under a contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Seller’s Control. Where the Event Outside Seller’s Control affects the delivery of the Goods to you, RAE will arrange a new delivery date with you after the Event Outside Seller’s Our Control is over.
d. You may cancel a contract affected by an Event Outside Seller’s Control which has continued for more than 30 days. To cancel please contact RAE.
If you would like further information regarding the Goods please telephone the RAE Mail Order on 0800 6346341 or email firstname.lastname@example.org
RAE’s opening hours are Monday to Friday: 09:30 to 17:30 BST.
a. If you are a business customer and not a consumer, you confirm that:
i. you have authority to bind any business on whose behalf you use the Website to purchase the Goods.
b. This contract is between you and the Seller. 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.
c. If the Seller does not insist upon strict performance of any of your obligations under the contract or these Terms, or if the Seller fails to exercise any of the rights or remedies to which the Seller is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
d. If a court or any other competent authority finds that any provision of the 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.
e. These Terms and the contract of which they form part 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 through the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19. PROMOTION CODE TERMS & CONDITIONS
This clause 19 applies to purchases in the RA Online Shop only.
Promotional codes can be used at the time of ordering to give you a saving on a new order placed with RA Online Shop.
Promotion codes are valid only for a limited time period. The expiry date will be specified alongside the relevant promotion code.
Only one promotion code can be used per order.
Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale Goods or other discounted Goods unless expressly specified otherwise.
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.
For Goods returns with applicable promotions, refunds will be given for the original purchase once the discount is applied, but minus any shipping costs charged on the original order. Please note that RAE cannot refund or exchange Goods that have been personalised or earrings suitable for pierced ears.
In the event of part of the order being returned and you are not requiring replacement of the returned Goods, the value of the discount applied on that order will be spread among the discounted Goods (retained and returned) proportionately. In cases when replacement Goods are not required by you, if your order no longer applies for the discount when the Goods are returned (for example, if a minimum purchase was required for the discount), then you will need to pay the undiscounted value of the Goods retained. This will be done through an adjustment to the credit 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.