Terms of Service
Terms of Service
This website is operated by Park Gallery. Throughout the site, the terms “we”, “us” and “our” refer to Park Gallery which is the trading name of Joseph James (Cheltenham) Limited offers this website, including all information available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Artworks to you.
Use of our Website and Social Media:
- We have made every effort to display as accurately as possible the colours, images and sizes of the Artworks that appear on the website and Social Media. However, please do get in touch if you would like us to send you more detailed images or any further information.
- We cannot guarantee that your computer monitor's display of any colour will be accurate.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or Social Media Service, without express written permission by us and the Artist involved.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
- You agree that any comments you make on our Website or Social Media sites will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or Social Media Sites.
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Occasionally there may be information on our Website or Social Media that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Purchasing Artworks Online and in the Gallery:
- All Artworks remain the property of Park Gallery until full payment has been received by us.
- Once full payment has been made, ownership and any associated risk transfers to you.
- We reserve the right at any time to discontinue the sale of particular Artwork without notice.
- Reserving any Artwork will require a 50% deposit after which we will hold the piece for an agreed period of time.
- This rarely happens, but if you decide that your newly purchased Artwork is not for you, then we will offer a 7 day money back guarantee providing the following:
- You contact Park Gallery within 7 days of purchase or receipt, if later
- You have a valid till receipt
- The artwork is in its original condition and packaging and can be re-sold
- Providing all of the above conditions are met, a full refund will be made.
We will examine all returns on a case by case basis in order to determine who is responsible for paying costs required to deliver the artwork back to Park Gallery. Generally, if we determine that the artwork was accurately described on our site (in terms of size, colour, medium etc) and the purchaser is returning it as a result of buyers’ remorse, then the purchaser will be held responsible for return costs.
If we conclude that the work was misrepresented in any way, or if the Artwork was damaged as a result of packaging, Park Gallery will be responsible for return costs.
This Policy explains when and why we collect personal information about people who visit our website, 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 please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by this Policy.
Any questions regarding this Policy and our privacy practices should be sent to Claire Hopwood at email@example.com. Alternatively, you can telephone Claire on 01242 228325.
Who are we?
Park Gallery, 3 Montpellier Avenue, Cheltenham GL50 1SA.
How do we collect information from you?
We obtain information about you when you use our website, for example, when you purchase an item online or leave us your details at the gallery in order to receive one of our regular newsletters.
What type of information is collected from you?
The personal information we collect might include your name, address, email address, IP address. If you purchase a product from us, your 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 explained below.
How is your information used?
We may use your information to:
- process orders that you have submitted;
- to carry out our obligations arising from any contracts entered into by you and us
- send you information about our our artists and artworks for sale, and any other information you have requested.
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 or rent your personal information to third parties.
We will not share your information with third parties for marketing purposes.
We may pass your information to our third-party service providers, subcontractors and other organisations for the purposes of completing tasks and providing services to you on our behalf (for example to send you mailings). However, when we use third party service providers, we disclose only the personal information that 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 laws.
When you purchase products from us 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.
You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct marketing communications from us, then you can click the UNSUBSCRIBE link on any email that we send you.
We will not contact you for marketing purposes by email, phone or text message unless you have given your prior consent.
You can change your marketing preferences at any time by contacting Claire at firstname.lastname@example.org.
How you can update your information
The accuracy of your information is important to us.
If you change email address, or any of the other information we hold is inaccurate or out of date, please email us at email@example.com or telephone us on 01242 228325.
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 lawfully processing it.
- Request correction of the personal information that 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 continuing 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 about your particular situation which makes you want 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 us to suspend the processing of personal information about you, for example if you want us 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 Claire at firstname.lastname@example.org.
If you would like to know what information we hold about you, please write to Claire at email@example.com. We will ask you for proof of identity and provide you with a response within 30 days.
Security precautions in place to protect the loss, misuse or alteration of your information
When you give us personal information, we take steps to ensure that it is treated securely. Any sensitive information (such as credit or debit card details) is encrypted and protected with 128 Bit encryption on SSL. When you are on a secure page, a lock icon will appear on the bottom of web browsers such as Microsoft Internet Explorer.
Non-sensitive details (your email address etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.
Use of 'cookies'
It is possible to switch off cookies by setting your browser preferences to disable Cookies. Turning cookies off may result in a loss of functionality when using our website. You can also clear cookies saved on your computer at any time.
Links to other websites
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 policy of that third party site.
Review of this Policy
We keep this Policy under regular review. This Policy was last updated in June 2020.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Joseph James (Cheltenham) Limited trading as Park Gallery. Registered Company Number 10765588.