Terms & Conditions for Booking the Virtual Galleries
The Terms and Conditions ("the Terms") apply to your entry of artworks ("the Work(s)") in the www.heavenlypathartgallery.com Online Virtual Galleries ("the Galleries").
The Exhibitions will take place at www.heavenlypathartgallery.com.
"You" and "Your" shall refer to the person submitting the Work(s) and potentially selling the submitted Work(s). Please read these Terms carefully before completing Your entry form ("the Entry Form") as they will form the contract between You and the Heavenly Path Art Gallery ("HP).
1. The Website
"www.heavenlypathartgallery.com" is a website belonging to the Heavenly Path Art Gallery ("HP), which is an Art Gallery whose office is at 46A High Street, Glastonbury, SOMERSET, BA6 9DX.
For information requests, please contact us at firstname.lastname@example.org
2. Entry Form and Price
2.1 The price plans per exhibition are displayed on the gallery's website www.heavenlypathartgallery.com ("the Website"). When you register, please use the correct Entry Form for submitting and choose one of the paid plans.
2.2 Your Booking Form is non-transferable so that only You will be able to use it. In the event of misuse of Your Booking Form, where it transpires that You have used more than one Entry Form, the gallery reserves the right to ban You from entering the forthcoming Exhibition and any Exhibition in the future.
2.3 Your Entry Form must be completed and submitted by You strictly in accordance with The Instructions for Entering ("the Instructions"), which can be found below. Failure to do this will mean that the Work(s) submitted under the Entry Form is inadmissible and withdrawn from the Exhibition selection process.
2.4 You will not receive a refund if You register a Booking Form and later withdraw Your application. The Booking fee is non-refundable.
2.5 The HP does not retain Your card details after processing Your payment.
3. Who May Book the Gallery for an exhibition?
You may submit Work(s) for an Exhibition if:
3.1 You are the Artist or creator of the Work(s). You are expressly authorized as a gallery, agent, or other representatives to submit the Work(s) on behalf of the Artist or are expressly authorized by the estate of a deceased Artist to do so. If you are so authorized, you agree to be bound by these Terms and assume the liabilities set out in these Terms.
4. Ownership and Submission of Work
1. By submitting Your Work(s), You confirm that the Work(s) is free and clear of any liens, claims, encumbrances, or restrictions, that the use of the Work(s) under these Terms will not infringe upon or violate the rights of any person or entity.
2. If You do not own all of the rights, title, and interest in and to the Work(s), You must expressly inform the Heavenly Path Art Gallery in writing of all relevant details concerning all other third parties' rights to the Work(s). You shall indemnify the Heavenly Path Art Gallery against all losses, liabilities, costs, and expenses in respect of claims made by third parties alleging partial or total ownership of the Work(s) or any rights in the Work(s), including intellectual property rights.
5. Refusal of or Withdrawal of Work by the HP
5.1 The HP may accept or decline any Work(s) submitted for the Exhibition entirely at its own discretion. HP's decision is final.
5.2 The HP reserves the right to deny admission or withdraw a Work(s) from the Exhibition if for any reason the Work(s), or any circumstances surrounding the display of the Work(s), appears to the HP to expose it to potential or actual damage to its reputation, risk of legal proceedings or enforcement including, without limitation, the alleged breach of third-party intellectual property rights.
6. Sale of Work (Applicable to all Types of Sales)
6.1 The sale of any Work(s) exhibited in the Exhibition by You, including negotiating with clients, postage, and packing for sending artwork sold, will be your responsibility. We can provide you with a hyperlink from the exhibited artwork to your online shop specific artwork
page if you have one and your contact details for the client to choose.
6.2 For any sale of Your Work(s), HP's role is strictly limited to introducing the Purchaser to You. The HP does not have any authority to negotiate or conclude Your Work(s) sale. All sales of Work(s) shall be subject to the terms of sale. You put in place between You and the Purchaser.
6.3 You confirm that you have read the terms of the Offer to Purchase, which the Purchaser agrees to (appended), and will comply with all requirements stated explicitly or implied by those terms, including (but not limited to) fulfilling all orders promptly and professionally, and communicating effectively with the Purchaser. If You fail to do so and the HP is required to deal with any Purchaser, as a result, You agree that the HP may recover directly from You for any liability or additional costs it may incur as a result.
6.4 You shall resolve any disputes relating to a sale of Your Work(s) directly between You and the respective Purchaser without the HP's involvement.
6.5 The HP will provide the Purchaser's details (including their personal data) to You to complete and fulfil the purchase. You hereby agree to comply with all relevant data protection regulations regarding such personal data, including the General Data Protection Regulations which came into force in 2018 together with the Data Protection Act 2018.
6.6 Please note that the HP will not have obtained any consent to send marketing or other material, whether electronic or otherwise to the Purchaser. You should obtain such consent if You wish to contact the Purchaser in the future.
7.1 If You are registered for VAT, you will be required to provide the Purchaser with a VAT invoice for the Work(s) full sale price. You shall make all arrangements regarding the sale of the Work(s) in writing.
7.2 Heavenly Path Art Gallery isn't a VAT registered company.
8. Online Sales
If Your Work(s) made available for purchase using distance selling (i.e., online through your website or by telephone). If so, you agree to comply with your website Regulations' distance selling rules ("the Regulations"). Check regularly your website to see if it is operational and the hyperlinks active. It is Your responsibility.
11. Online Access
While the HP endeavours to ensure that the Website is available 24 hours a day, the HP will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period including, without limitation, during the last 24 hours before the submission deadline. We may suspend access to the Website temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond the HP's control.
12. Intellectual Property Rights
12.1 By submitting Work(s) in "www.heavenlypathartgallery.com", You confirm that either You or the Artist hold all intellectual property rights in the Work(s) and that You or the Artist have obtained any third-party consents required for the use of the third party owned material contained in the Work(s).
12.2 By submitting Work(s) in "www.heavenlypathartgallery.com", You consent to the HP and/or any other third party permitted by the HP for the following purposes:
12.3 Using an image/s for advertising purposes, filming or making available the whole or any part of the Work(s), including but not limited to the right to include the Work(s) in any broadcast (and rebroadcast) by any broadcaster (including the BBC) and any licensees of any broadcaster;
12.4 filming, broadcasting, and/or reproducing the whole or any part of the Work(s) for archival, educational, publicity and marketing (including without limitation on the Website, Exhibition posters, leaflets, private view cards, postcards, and all forms of social media), press, signage, gallery guide and for catalogue purposes if required;
12.5 and reproducing the whole or any part of the image(s) you have supplied to the HP for the purposes set out above.
12.6 The consent set out above is irrevocable and given without payment of any fee or royalty.
12.7 By submitting a Work(s) in "www.heavenlypathartgallery.com", You agree that members of the public will be allowed to view the Work(s) (alone or in combination with other works) for their personal pleasure during the Exhibition period. The HP will not be responsible if any such images of the Work(s) are exploited commercially in violation of the permission. In such circumstances, it is up to the Artist and/or You to defend Your intellectual property rights in the Work(s).
13. Limitation of Liability
The HP shall have no liability to You or the Artist whatsoever for any loss of business or profits, loss or damage to reputation, or for any indirect or consequential loss or damage of whatever nature, howsoever caused, whether occurring in contract, tort (including negligence) or otherwise arising out of or in connection with the Exhibition in "www.heavenlypathartgallery.com".
14. Third Parties
No third party shall have any rights under or in relation to the Terms.
15. Force Majeure
For the purposes of these Terms, a Force Majeure Event means an event beyond the reasonable control of the HP, including but not limited to strikes, failure of a utility service or transport network, act of God, terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The HP shall not be liable to You under these Terms as a result of a Force Majeure Event.
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.
17. Entire Agreement
These Terms contain the whole agreement between the parties relating to the subject matter of this agreement at the date hereof to the exclusion of any terms implied by law which may be excluded by contract. Each of the parties agrees that it has not entered into these Terms in reliance on any representation, warranty, undertaking, or other statement, expressed or implied, orally or in writing, given or made by or on behalf of the other party except in so far as contained in these Terms. This clause shall not apply to any representation, warranty, undertaking, or statement made fraudulently or which was induced by fraud.
18. Law and Jurisdiction
These Terms and contracts shall be governed by and construed under English law. Any disputes arising concerning these Terms shall be subject to the exclusive jurisdiction of England and Wales courts.