Terms and Conditions

Terms & Conditions:

The information below covers the terms and conditions for the Fosse Gallery website use. These apply to the use of all our websites and by accessing them for viewing or placing an order you agree to be bound by these terms and conditions. If you do not agree to be so bound you may not use or access our website.

If you have any questions relating to these terms and conditions please contact the gallery between 10.00 am and 5.00 pm GMT any day before you place an order for any of our artists’ work.

All orders for Fosse Gallery artists’ work received by us from the website or as a result of seeing the work promoted on the website are subject to the availability of the art work at the time of receiving and accepting the order. 
If you would like to purchase from our website, please contact us by phone or by email. The Fosse Gallery is also happy to take a reserve on an available painting. There has to be a clear directive from the customer to us that they would like to do this, and an agreement with the gallery on the length of time they can reserve it. 
The acceptance of orders by the Fosse Gallery for work by our artists is subject to clearance of purchase funds and/or, where applicable, authorisation of debit or credit card details. The Fosse Gallery reserves the right to refuse to accept any order and any stage in the transaction until the purchase and sale are contractually finalised. The display of art works on the Fosse Gallery website amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of artwork or any other goods will be deemed to exist between you and the gallery unless and until an email or other communication is sent to you by the gallery to confirm that your order has been accepted and payment has been successfully made. For the avoidance of doubt, art work remains the property of the Fosse Gallery and/or its artists until cleared funds are received in full and the gallery reserves the right to sell art work to other parties until such funds are received in full, whereupon ownership of the property will pass to the purchaser. 
Terms and conditions of sale and all other matters concerning the Fosse Gallery websites are subject to the law of England. 
Clients buying art work from the Fosse Gallery accept responsibility for any insurance, taxation, customs or other charges levied in respect of the importance of the art work they have ordered. Where art work which is to be purchased is to be posted or couriered by the gallery to the client, the gallery will usually cover the costs of this delivery within the United Kingdom unless the artwork is exceptionally large and/or valuable, in which case the client will be required to agree to funding all or part of the postage or courier charges before the art work is despatched by the gallery. If the artwork is to be despatched abroad the client and the gallery will agree the funding of its carriage when finalising the terms of the item’s purchase. It should be noted that the Fosse Gallery uses an efficient standard international courier service but if the client wishes the art work they are purchasing to be couriered by a specialist fine art courier, the gallery will organise a quotation for the cost of this additional service which the client will be expected to bear. 
Copyright on all images and art works purchased or featured on the Fosse Gallery websites vests in the artists and gallery as the case may be and in no case may any other party reproduce such images. 
Art works purchased from the Fosse Gallery will be processed in British pounds sterling and, where applicable, the prevailing rate of exchange at the time of purchase will be applied by our clearing bank. In the event that the Fosse Gallery provides approximate conversion rate information to foreign currency this shall be for general guidance only and not binding. 
In the event that any credit or debit card used by a client to purchase art works has been used without relevant authority, is refused by the client’s banker or is otherwise improperly used, the client shall be obliged to return the art works to the gallery in their original condition forthwith. 
Clients warrant that they have authority to make purchases of art works from the Fosse Gallery in their own name and are 18 years or age or over.

Return of art works to the Fosse Gallery 
 
The Fosse Gallery expects and wishes all clients to be completely happy with any art works they purchase from the websites. Therefore, clients may cancel a reservation or a purchase provided the gallery is notified within 48 hours’ receipt of the art works purchased and subject to the terms below, whereupon they will receive a full refund for the art works, provided they are undamaged and in the original condition. Clients may cancel the art works by sending a written notice of cancellation by email to the gallery and this notification must be received by the gallery within 48 hours of the collection of the art works by the client. After this period has elapsed the purchase cannot be cancelled. 
 
Clients wishing to return art works do so at their own cost, not at the gallery’s cost. Art works must be returned in their original condition along with their packaging and with all relevant accompanying documentation. 
 
Clients wishing to return art works should return the art works within 7 days of notifying the Fosse Gallery of their wish to return them. The client should ensure that if it/they is/are posted the art work/s is/are sent with proof of postage, proof of receipt and with adequate insurance so that matters of loss or damage are properly covered and can be dealt with separately. Clients are advised to keep all receipts for such expenditure. 
 
Once cancellation and return of art works have been completed in accordance with the above requirements the Fosse Gallery will issue a full refund of the purchase price for the art work excluding any delivery charges. For the avoidance of doubt, clients are responsible for paying for the postage, carriage and insurance of any returns. 

Prices and charges 
 
All advertised prices include UK taxes and are based either on collection of the art works from Sharon Wheaton Fosse Gallery. Or if clients require art works to be posted or couriered the cost of any additional charges for packing, postage, carriage or insurance will be met by the gallery unless the items are being shipped overseas. If fine art couriers are required by the client, responsibility for the payment of the additional charges will be agreed in advance of shipping with the client. 
 
Sharon Wheaton Fosse Gallery welcomes payment by Bank transfer, debit and Maestro cards. Visa and Mastercard credit cards are also accepted. It does not accept American Express. 

Privacy policy 
 
The Fosse Gallery’s Privacy policy explains when and why we collect personal information about people who visit and use our websites, how we use it, the conditions under which we may disclose it to others and how we keep it secure. 
 
We may change this policy from time to time so clients and visitors to our websites are advised to check this page occasionally to ensure you are content with any changes. By using our website you are agreeing to be bound by our policy. Any questions regarding this policy and our privacy practices should be sent to the Fosse Gallery Proprietor at Wren House , 14B Over Norton Rd , Chipping Norton , OX7 5NR. Alternatively you can telephone: 01451 831319. 
 
The Fosse Gallery‘s trading address is as above. 
 
How do we collect information from you? 
 
We obtain information about you when you use our website, for example, when you contact us about our exhibitions or art works for sale, leave us your contact details when you visit the gallery to view or make a purchase or if you register with us to receive one of our regular exhibition invitations or updates from specific artists or genres. 
 
What type of information is collected from you? 
 
The personal information we collect might include your name, address, email address, IP address, and perhaps telephone number. If you purchase any art works from us as a result of seeing the art works on our website or through visiting or telephoning the gallery your credit or debit card information is not held by us. It is collected by our third party payment processors, who specialise in the secure online capture and processing of credit/debit card transactions, as we explain below. 
 
How is your information used? 

We may use your information to process orders you have authorised,
to carry out our obligations arising from any contracts entered into by you or us,
to send you information about our exhibitions, our artists or art works for sale or any other information you may have requested
to process any job applications
to improve this website by capturing statistics or survey information
to enhance our service to our clients by capturing any feedback provided
to administer and upgrade this website and any associated websites
to notify our clients or other art works or art promotions which may be of interest to them.

We review our retention periods for personal information on a regular basis. We will hold your personal information on our systems for as long as is necessary for the relevant activity or as long as is set out in any relevant contract you hold with us.

Who has access to your information?

We never sell, rent or disclose your personal information to third parties unless expressly authorised by you to do so.

We will not share your information with third parties for marketing purposes unless you expressly authorise us to do so.

We may pass your information to our third party service providers, subcontractors and other organisations solely for the purposes of completing tasks and providing services to you on our behalf (for example, to send you mailings or arrange carriage of an art work). However, when we use third party service providers we disclose only the personal information that it is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and to ensure that they comply with the other requirements of the Data Protection legislation.

When you purchase artworks from us via our websites your payment details are processed by a third party payment processor who specialises in the secure online capture and processing of credit/debit card transactions. If you have any questions regarding secure transactions, please contact us.

We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party, or as part of any business restructuring or reorganisation, or if we’re under a duty to disclose or share your personal data in order to comply with any legal obligation or to enforce or apply our terms of use. However, we will take steps to ensure that your privacy rights continue to be protected.

Your choices

Under certain circumstances, by law you have the right to

request access to your personal information (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal information we hold about you and to check that we are processing it lawfully,
request correction of the personal information we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected
request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something relevant to your particular situation or circumstances which makes you wish to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
request the restriction of processing of your personal information. This enables you to ask the Fosse Gallery to suspend the processing of personal information about you, for example, if you want to establish its accuracy or the reason for processing it.
request the transfer of your personal information to another party. If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us in writing.

If you would like to know what information we hold about you, please write to us at the Fosse Gallery, Wren House , 14B Over Norton Rd , Chipping Norton , OX7 5NR. We will ask you to provide proof of your identity and will provide you with a response within 30 days.

Security precautions in place to protect the loss, misuse or alteration of your personal information

When you provide us with personal information, we take steps to ensure that it is treated securely. Any sensitive information (such as personal details) are encrypted and protected with 128 Bit encryption on SSL. When you are on a secure page, a lock icon will appear at the top of web browsers such as Google Chrome to confirm the site’s security.

Non-sensitive details (your email address, etc) are transmitted normally over the Internet – this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information with the most sophisticated technology available to us, we cannot guarantee the security of any information you transmit to us, and you transmit it at your own risk. Once we receive your information, we make our best effort to ensure the security of all our systems. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share this password with anyone.

Links to other websites

Our website may occasionally contain links to other websites, for example, the personal websites of Fosse artists or those run by other arts organisations. This privacy policy applies only to this Fosse Gallery website so we encourage you to read the privacy policy of any other websites you may choose to access. We cannot be responsible for the privacy policies or practices of other websites, individuals or organisations even if you access them using links from our website.

In addition, if you linked to our website from a third party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the privacy policy of any third party site.

Transferring your information outside Europe

From the end of 2020 when the United Kingdom leaves the European Union, this will no longer be relevant, but at present some of the software tools we use have data centres or staff outside the EU. Where this is the case, we have chosen to work with companies who have demonstrated that they operate in ways which comply with UK law. For example, the US based companies whose software we use, have all signed up to the US-EU Privacy Shield. If you are not happy or us to share your data with those partners, please do not use our services. This provision will be revised when the UK leaves the EU.

Review of the Fosse Gallery’s Privacy Policy

We keep our policy under regular review. It was last updated in August 2020.

The Fosse Gallery treats all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable Data Protection and consumer legislation.

When you purchase art works from the Fosse Gallery, we will ask for personal information such as your name, email address, billing address, delivery address, telephone number, art work selections, payment card or other payment information.

The Fosse Gallery confirms that any personal information provided by clients will only be used for the following purposes:

processing orders for works of art
statistical or survey purposes to improve our website and our services to our clients
to serve website content and promotions to our clients
to administer this website
to notify clients of art works or art promotions which we believe to be of interest to them

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or post and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Your personal information may be disclosed to other reputable third party individuals and businesses such as Fosse Gallery artists or delivery companies who will help fulfil your order. The Fosse Gallery requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation as currently in place. We will not release your personal information to any outside organisations for mailing or marketing purposes.

Own Art

 
Fosse Gallery is a participating retailer in the Own Art scheme, which allows eligible buyers to spread the cost of purchasing artworks through interest-free instalments.

 All purchases made using Own Art are subject to:

approval by the Own Art loan provider, and
the official Own Art Terms and Conditions, which apply in addition to these Terms and Conditions.

 Where there is any conflict between these Terms and Conditions and the Own Art Terms and Conditions, the Own Art Terms and Conditions shall take precedence.

 By choosing to purchase an artwork using Own Art, you confirm that you have read and agree to be bound by the official Own Art Terms and Conditions, available via the Own Art website and provided during the application process.

 Fosse Gallery is not responsible for decisions made by the loan provider or for the administration of the loan agreement.

Anti Money Laundering:

Fosse Gallery are compliant with Anti-Money Laundering regulations and, as enforced by HMRC, customers making transactions of the sterling equivalent of 10,000 Euros and over, will be subject to the standard checks. View here for more information.

Delivery:

We will deliver at no extra cost, via our carrier Packaging X to anywhere in the UK, international buyers please see below. This also includes insurance of your work of art whilst in transit for up to £10,000, but we cannot cover or take responsibility for glass breakages in transit if the frame has glass. For very large paintings there may be an additional packaging cost but we will discuss this at point of sale. We can only give a guide to estimated times of arrival of deliveries. Final delivery dates/times are out of our control.

International Buyers:

The Fosse Gallery has built up a large international customer base. If you live outside the UK please ask us to work out the tax free price for the painting you are interested in and the shipping cost. If you would like to purchase from our website, please contact me by phone or by email. I am also happy to take a reserve on an available painting. There has to be a clear directive from the customer to us that they would like to do this, and an agreement with the gallery on the length of time they can reserve it.

We will arrange delivery to your home or work address and can offer very competitive shipping costs. Please be aware that the customer is responsible for all customs taxes, related costs and communications with the relevant authorities in the country of destination. Fosse Gallery & our carrier do not accept any charges relating to the customer’s non-compliance with such bodies. We have no jurisdiction over holdups or delays at custom points. All paintings purchased will be insured, free of charge, whilst in transit worldwide, but we cannot cover glass breakages if the frame has glass. We can only give a guide to estimated times of arrival of deliveries. Final delivery dates/times are out of our control.

Privacy Policy or relevant client-facing policy:

As part of our obligations under the Money Laundering Regulations 2017 (MLRs), we collect and process personal data for the sole purpose of preventing money laundering and terrorist financing. In line with Regulation 41 of the MLRs, any personal data collected for this purpose will only be used to comply with our anti-money laundering obligations, unless further use is required by law or you provide consent. In accordance with Regulation 40, we are required to retain this data for five years from the end of our business relationship or the completion of a transaction, after which it will be securely deleted or anonymised unless further retention is legally required. It is lawful to collect said personal data under Article 13 of UK GDPR in order to meet requirements under MLRs.

Terms of Business:

We are required by law, as an Art Market Participant regulated under the Money Laundering Regulations 2017 (MLRs), to collect and hold certain personal data about our clients in order to carry out customer due diligence checks. This may include copies of identification documents, proof of address and other information necessary to meet our anti-money laundering obligations. We may not proceed with a transaction unless the information required by the MLRs has been provided. Note that we employ a third-party service to securely collect and store personal data according to UK GDPR, the details of which can be provided upon request.