Terms and conditions

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information. These "Terms and Conditions" do not affect your statutory rights as a consumer. 

General terms and conditions

This site is owned and operated by Tolquhon Gallery of Tolquhon, Tarves, Ellon, Aberdeenshire, AB41 7LP. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us by post at the above address, by email at art@tolquhon-gallery.co.uk or by telephone on 01651 842343 from within the UK or +44 1651 842343 from outwith the UK. 

1. The contract between us

Unless special arrangements are made, we must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending you an email at the email address you provide. Our acceptance of your order brings into existence a legally binding contract between us.

2. Availability

All orders are subject to acceptance and availability. An artwork may be sold in the gallery prior to an online purchase.  If the goods you have ordered are not available, we will contact you by email or phone (if you have given us details). You will have the option to select another item or to cancel your order. 

We would ask that work in a current exhibition remains in the gallery until the end of the exhibition but we can make exceptions in special circumstances.

3. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Tolquhon Gallery. Any use of this website or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose without our permission.

4. Accuracy of content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. The description and specification of products in the website are approximate only and we reserve the right to make changes, without notice, which do not materially affect the quality of those products.We may correct any error appearing in the website or withdraw any product from sale without notice and without incurring liability. Price and availability is also subject to change without notice.The colours depicted in paintings, artworks or articles on the website may vary from the originals, due to the quality of the images and the nature of both computer operating system colour palettes and computer monitor displays.

5. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Price

The prices payable for goods that you order are as set out in our website. Transactions will be processed in British pounds sterling at the prevailing rate of exchange operated by our bank. In the event that the gallery provides approximate conversion rate information in foreign currency this shall be for general guidance only.

7. Payment terms

7.1 For items bought online, payment is taken by our preferred electronic payment provider at the time we accept your order. The credit and debit cards we accept are listed in the website at the time you place your order. 

Refunds will generally be made by means of a credit to your electronic payment account. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.

 7.2 Finance options through the Own Art scheme are subject to status. Additional terms and conditions apply.

Tolquhon Gallery is a licensed broker of Own Art loans with a registered address at Tolquhon Gallery, Tolquhon, Tarves, Ellon, AB41 7LP. If you apply to buy items through Own Art, you will enter a contract with Hitachi Capital (UK) PLC. Full terms and conditions relating to this payment method are available to view in advance of proceeding with an application. Please note, if you have chosen to finance the purchase of goods using an Own Art loan, if you cancel the order, your credit agreement with Hitachi Capital (UK) plc will be cancelled. However under the terms of the credit agreement you also have a separate right to cancel the credit agreement as your preferred means of payment within 14 days from the date on which you signed the agreement.

8. Delivery charges

Delivery charges vary according to the type of goods ordered.

9. Delivery

9.1 Our delivery charges are set out in our website.

9.2 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate, including postcode or zip code.  A contact telephone number is also requested. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. The time for delivery will not be essential to the contract between us. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

 9.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. 

10. Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.

11. Acknowledgement and Acceptance of Your Order

You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on despatch of the good(s) ordered.

12. Cancellation rights

12.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any specially commissioned items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.

12.2 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

12.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your debit or credit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation notice. The goods in question must be returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you, we may make a claim against you for the breach of your statutory duty to return the goods.

12.4 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods. 

13. Cancellation by us

13.1 We reserve the right to cancel the contract between us if:

    a. the goods you have ordered are unavailable;

    b. we do not deliver to your area; or

    c. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from artists or makers

13.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit or credit card as soon as possible but in any event within 30 days of your order. 

14. Complaints Procedure for Own Art Member Galleries

14.1 If you, the customer, have a complaint relating to our financial services or those of the provider of credit to whom we introduced you, you may refer the complaint to us by contacting Joan Ross at Tolquhon Gallery, tolquhon, Tarves, Ellon, AB41 7LP or telephone 01651 842343 or email art@tolquhon-gallery.co.uk. 

14.2 We will acknowledge receipt of your complaint in writing within five business days. 

 14.3 Your complaint will be investigated by a senior member of staff and we will send you a final or holding response within four weeks. 

 14.4 If your complaint refers to the credit provider, we will forward it to the credit provider and request that it deals with it and contacts you. 

 14.5 Within eight weeks after receipt of your complaint: 

    a. we will send you a final response or a response which explains that we are still not in a position to make a final response, give you our reasons for the further delay and indicate when the final response should be available; 

   b. inform you that if you are dissatisfied with the final response or the delay, you may refer  your complaint to the Financial Ombudsman Service within six months. The Financial  Ombudsman Service can be contacted at South Quays Plaza, 183 Marsh Wall, London E14  9SR, telephone 0845 080 1800, email: complaint.info@financial-ombudsman.org.uk. 

15. Liability

15.1 If you do not receive goods ordered, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:

   a. to make good any shortage or non-delivery; 

   b. to replace or repair any goods that are damaged or defective; or 

   c. to refund to you the amount paid by you for the goods in question in whatever way we  choose.  

 15.2  Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

 15.3  You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 15.4  Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 

16. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Tolquhon, Tarves, Ellon, AB41 7LP and all notices from us to you will be displayed on our website from time to time.

17. Changes to legal notices

We reserve the right to change these terms and conditions from time to time. 

18. Law, jurisdiction and language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with the law of Scotland. Parties to any such contract agree to submit to the exclusive jurisdiction of the Scottish Courts. All contracts are concluded in English.

19. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

20. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

21. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.