In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings: "the Buyer" means the person, firm or company who purchases the Goods from the Company: "the Company" means The John Davies Gallery "Contract" means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms; "Goods" means any goods agreed in the Contract to be supplied by the Company to the Buyer; "Place of Delivery" means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re- enacted or replaced from time-to-time.

The policy of The John Davies Gallery and its affiliated trading names will to treat as confidential the contact details of all clients at all times. Clients names will be posted to the confidential Client Database unless otherwise notified. Contact details will not be passed on to any other trading companies or mailing houses. (John Davies Fine Paintings LLP trading as The John Davies Gallery and John Davies Fine Paintings as at 12/12/06.)

What information do we need from you?

To process your order, we need you to supply us with your name, e-mail address and delivery address. We also ask you to supply us with a telephone number so we can contact you urgently if there is a problem with your order. Without this information, we cannot process, fulfil your order and notify you of the status of your order.

We will not rent or sell your name, address, e-mail address, credit card information or personal information to any third party without your permission. If you have purchased from us, or have advised us of your e-mail address, post & telephone we may occasionally update you on news and special opportunities via e-mail, post & telephone.

Transactions

All credit transactions are processed through Optimal Payments, one of the UK's leading card payment requirer. Optimal Payments ensures that all transactions are fully secure and that all communications are protected by a host of innovative and established encryption techniques, all of which are continually updated. Optimal Payments transaction environment is regularly audited by the banking authorities to ensure complete security.

Payment

Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.

Delivery

All goods must be examined on arrival. Any breakages or shortage should be reported at the time of arrival to the Company, within three working days of the delivery.

Delivery is generally 7 to 10 working days through the Royal Mail, DHL, Amtrak or UPS. If any item ordered by a client is out of stock the customer will be contacted promptly.

Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.

Communication & Marketing

By providing www.johndaviesgallery.com with your email, postal address, telephone number you consent to receive communication from us about our latest products and special offers which we think may be of interest to you. This information will not be sold to a third party.

What are Cookies?

A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with us then your computer will store an identifying cookie which will save you time each time you re-visit www.johndaviesgallery.com, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

Contacting us

We are always pleased to hear from our customers (even if it is a complaint!). We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied - we want you to return to the site and to recommend us to your friends and family. If you have any questions or feedback about this statement please do not hesitate to contact our customer services department.

Refund and Return Policy

All original paintings and original prints offered on www.johndaviesgallery.com are of top quality and as described on the website. All original art works will have a greater depth of quality in reality than their appearance suggests on the website. In the unlikely event of a purchaser being dissatisfied with a purchase on delivery, the following conditions of Return and Refund apply:

• The intention to return a purchase must be communicated be e-mail within 48 hours of delivery.
• Return of any goods must be dispatched freshly and properly re-packaged and sent to The John Davies Gallery, The Old Dairy Plant, Moreton-in-Marsh, Gloucestershire, GL56 9NQ at the client's cost, and on safe return within 7 days all undamaged goods will be subject to a 100% refund less a 10% handling charge. However if returned goods are spoiled, the refund amount will be at the discretion of the management.
• Refunds will only be made to the credit or debit accounts from which the original purchase has been made.

Force Majeure

If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party's obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

General

If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.