Terms and Conditions
Last updated: 05 June 2018
1. GENERAL TERMS AND CONDITIONS
1.1 These terms and conditions (the “Terms”) apply to:
1.1.1 Purchases made through the online Shop www.shop.royalacademy.org.uk;
1.1.2 Sales of artworks through www.royalacademy.org.uk/artsales; and
1.1.3 Sales of artworks labelled "Artist Sales" through www.royalacademy.org.uk/artsales
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 may not use it in a way that infringes the rights of anyone else or that resrticts 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, distrubute, 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 Keeper’s House during the Royal Academy’s opening hours and in storage at RAE by special arrangement with RAE’s customer service (firstname.lastname@example.org) at the RAE's main trading address.
1.6 All profits from sales by RAE go to support the Royal Academy of Arts, a registered charity registered in England and Wales (Registered No. 1125383).
2.1 "Data Protection Legislation" means all legislation regulating the processing of personal data as may be applicable from time to time in the United Kingdom, which at the date of these Terms includes the Data Protection Act 2018 and the EU General Data Protection Regulation 2016/679 (GDPR), and any successor legislation.
2.2 "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.
2.3 "Goods" and/or "Services" means all items purchased by you.
2.4 “Seller” means RA Enterprises Ltd for the Goods and Services purchased under 1.1.1 and 1.1.2 above and to the Artist for the Goods and Services purchased under 1.1.3 above.
2.6 “RA Enterprises Ltd” 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.
2.8 “RA Shops” means the physical shops located at The Royal Academy of Arts, Piccadilly, London, W1J 0BD.
2.9 “The Royal Academy of Arts” means the charity registered in England and Wales no 1125383 and a company limited by guarantee with company number 6298947, whose registered office is at Burlington House, Piccadilly, London, W1J 0BD (“the RA”).
2.10 “Website” means the website www.royalacademy.org.uk , and specifically the subdomain names relating to the purchasing of Goods and Services: www.shop.royalacademy.org.uk, www.royalacademy.org.uk/page/ai-weiwei-limited-editions and www.royalacademy.org.uk/artsales, all operated by RA Enterprises Ltd (RAE).
3.1 The Seller will treat each order for Goods 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 set out in your order.
3.3 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.
3.4 Goods will be delivered to the address you indicate on the My Orders screen. RAE will send you an email confirming dispatch when the Goods have been released for delivery.
3.5 The Goods and Services are offered subject to availability.
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.
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.
5.1 All prices are in pounds (£) sterling, including UK tax where applicable, and must be paid in full including any delivery charge. 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 is inclusive of any VAT.
5.3 For Artist Sales, it is the Artist's responsibility to determine whether VAT or other similar sales taxes on the sale to you apply and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority.
5.4 Goods and Services constituting ‘artwork’ shall be covered by the Artist Resale Right (“ARR”) and 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.
5.5 Prices on the Website may vary from time to time and may differ from those in the RA Shops.
6.1 RAE will aim to deliver your order within 3 - 5 working days from dispatch. In any event please allow up to 21 days for delivery.
6.2 If RAE is unable to deliver, RAE will inform you and give you the option to continue with the purchase, offer a new delivery date or allow you to cancel the order and reimburse you with the full amount paid.
6.3 On occasions Goods may be delivered in instalments. RAE will make every effort to inform you by email if this is the case.
6.4 Following 3 failed attempts to deliver your Goods, they will be returned to the Seller and full refund issued to you.
7. INTERNATIONAL DELIVERY
7.1 Delivery outside the UK may be subject to import duties and taxes which are applied when the delivery reaches its destination. You will be responsible for such charges and for obtaining any necessary import licences. Please contact your local customs office for further information before placing your order.
7.2 Goods may be subject to inspection by customs authorities at your own risk and without liability to RAE.
8. COLLECTION ONLY GOODS
8.1 Goods which are artworks featured in the Keeper’s House exhibition are available for collection only. RAE will contact you to arrange collection at the close of the exhibition, or where possible, before.
9. RISK AND TITLE
9.1 The Goods will be your responsibility and at your risk from the time of dispatch. Ownership of the Goods will pass to you once the Goods are received.
9.2 Responsibility and risk in Goods being returned to RAE passes once the Goods are received by RAE. RAE recommends you using a recorded delivery service.
10. YOUR RIGHT TO CANCEL
10.1 You have a right (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 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 or services you ordered.
10.2 You are responsible for the return postage cost to RAE, must return the Goods unused and in original packaging with a completed Cancellation Form to:
RAE Warehouse - Returns
114 Camley Street
10.3 Statutory rights of cancellation under the Regulations do not apply to certain products 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).
10.4 You may cancel your order if an Event outside of the Seller’s Control exists for more than 90 days, and receive a full refund.
11. EXERCISING YOUR RIGHT TO CANCEL
11.1 You must notify RAE and, if applicable, complete the Certificate of Authenticity.
11.2 You must return the unwanted Goods, unused and with the original packaging within 14 days of notifying RAE of your decision. RAE will reimburse you the purchase price within 14 days of receipt of the returned Goods, less any delivery costs to:
RAE Warehouse - Returns
114 Camley Street
11.3 In the case of alcohol, collection arrangements must be made promptly at your cost and the Goods sent to:
RAE Warehouse - Returns
114 Camley Street
12. YOUR STATUTORY RIGHTS
12.1 In addition to your right to cancel noted 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 Good is 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. LOST OR DAMAGED GOODS
13.1 In the unlikely event that your Goods arrive faulty or damaged, please contact the eCommerce 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 like a refund, a replacement, or where possible, a repair. Goods that are unique cannot be replaced.
13.2 All faulty or damaged Goods shall be returned in the original packaging with all relevant documentation including the Certificate of Authenticity, if applicable.
13.3 For UK orders, a Freepost address will be provided via email or contacting the eCommerce team on 0800 634 6341. For international orders, the correct return postage must be paid by you initially but will be refunded when the goods are returned.
13.4 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.
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.
15. ARTIST SALES
15.1 The Artist of the Artist Sales work is a Member of the Royal Academy of Arts (as a Royal Academician and/or Honorary Royal Academician) or another artist who created the artwork. The address of the Artist is stated on the Sales Invoice and the Artists can also be contacted via RAE in relation to the Goods.
15.2 RAE helps facilitate transactions that are carried out using the Website, as stated above, but all purchases of Artists Sales work 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 the Artist Sale.
15.3 RAE receives a commission from the Artist Sales.
15.4 Copyright in the Goods constituting artwork remains the property of the Artist who created the work.
15.5 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:
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.
Liqueur chocolates: Liqueur chocolates can only be purchased by, and for individuals aged 16 and over.
Christmas crackers: Christmas crackers can only be purchased by, and for, individuals aged 12 and over.
Knives: (including sheath knives, all kitchen/cutlery knives) or bladed articles. Knives and bladed items can only be purchased by, and for, individuals aged 18 and over.
16.2 Delivery 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 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 re-arrange delivery. You will be responsible for meeting the costs of redelivery. We may also not deliver your order if we have reason to believe that the Goods are intended for use or consumption by someone under the correct legal age, or have any other reason to believe that the Goods will not be used or consumed responsibly.
17. PROMOTION CODES
17.1 Promotional codes can be used at the time of ordering to give you a saving on a new order placed with via the RA Online Shop only www.shop.royalacademy.org.uk.
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 are not valid in conjunction with any other promotion. Offer is not valid on sale Goods or other discounted Goods unless expressly specified otherwise.
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 or earrings suitable for pierced ears.
17.7 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 apportioned to 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.
18. DATA PROTECTION
18.1 RAE shall comply with all applicable requirements of the Data Protection Legislation in the processing of the Personal Data.
18.3 Any Personal Data you provide relating to your order for the Artist Sales will also be shared with the Artist.
18.4 Your placement of an order is taken as consent to the processing of your data under 18.2 and 18.3.
18.5 RAE will give you the option of receiving further information from it, and from other selected organisations, when you make your purchase.
20. CONTACT AND COMPLAINTS
20.1 If you would like further information regarding the Goods, your order or wish to make a complaint please telephone the RAE Mail Order on 0800 634 6341 or email firstname.lastname@example.org
RAE’s opening hours are Monday to Friday 10am - 6pm GMT.
20.2 For issues regarding the Website please email email@example.com.
21.1 If the Seller fails to comply with these Terms, the Seller is responsible for any foreseeable loss or damage you suffer as a result of the Seller’s breach.
21.2 The Seller has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, goodwill, indirect or consequential loss.
15.3 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 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.
21.4 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 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.
22.1 The Seller will take every care to ensure the Goods descriptions, price, colour and availability 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 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 orders 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 delivering 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 the Seller has sent you notice of dispatch.
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.