TERMS & CONDITIONS

Terms & Conditions of Sale

WHO WE ARE

These are the terms and conditions of Nineteensixtyeight Limited, a company registered in England and Wales with company number 194794744. (“We/Us”) supply products to you via our website at www.nineteensixtyeight.com (the “Website”).  Please read these terms carefully before you submit your order to us.

ORDERS

Our acceptance of your order will take place when we email you with an order number, at which point a contract will come into existence between you and us.  If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the product.

OUR PRODUCTS

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your device’s display accurately reflects the precise colour or quality of the product. Your product may vary slightly from those images.

SHIPPING

We can ship to any international or UK address.  For unframed prints, please allow 5-7 days for your order to be processed, packaged and shipped from the day we accept your order, and 30 days for framed prints.  Please note that we cannot be responsible for delays outside of our control or those caused by our selected couriers in particular with regards to deliveries outside of the UK where the products may be subject to customs clearance or similar.  All delivery times given are reasonable estimates and may be subject to external factors; in particular, please allow for some flexibility if you have ordered framed prints as these are assembled individually by hand and will depend upon the availability of the product and framer.

Shipping costs are dependent on size, frame, and destination, and will be calculated when you arrive at the checkout page once you have entered your shipping details.  Shipping costs are therefore not included in the product price.

We use the international delivery company DHL Express for all shipments to ensure the secure and efficient transit of our products. All deliveries must be signed for.

Import duties or other taxes may apply to deliveries outside of the UK.  We are unable to estimate the amount of duties and taxes your package may incur as these charges are imposed directly by your local customs.  Such import duties or other taxes are the responsibility of the purchaser, we therefore suggest that you contact your local customs office to find out more about any such possible duties before placing your order.

TRACKING

You will receive an email once the item is shipped that includes a unique waybill number. This ten-digit code can be used to track your item through the DHL Express website.

RETURNS

You may return any purchased item subject to these terms and conditions.

You must inform us of your intent to return the product in writing within 14 days of receiving the product. Please send an email to sales@nineteensixtyeight.com with the subject line ‘RETURN REQUEST’ that includes your personal details and the details of your order including order number.

You will then have an additional 14 day grace period in which to return the items.

Items must be returned in their original packaging to the address given on the package. Unframed prints may be removed from their external packing but must not be removed from any sealed packaging in which they have been sent.
Please note: In the event of a voluntary return, i.e. you have changed your mind about the purchase, you are required to cover the cost of returning all dispatched goods. We highly recommend using a trackable method of return, as we are not responsible for anything lost in the post.

Subject to the exceptions below, we will refund you the price you paid for the products by the method you used for payment within 14 days of receiving the returned item. Delivery costs will not be refunded unless you have received incorrect or damaged goods (see below).

Items must be returned in perfect condition in the reasonable opinion of Nineteensixtyeight. If you return products in a condition inferior to that in which they were sent, we may reduce your refund in whole or in part to reflect any reduction in the value of the products if this has been caused by your handling. Any scratches, spots and/or breaks in frames or mounting may be considered a total loss and we reserve the right to reject any refund under these circumstances.

INCORRECT OR DAMAGED GOODS

If you have received an incorrect or damaged item, we ask that you provide a digital photograph of the incorrect or damaged item and packaging (if relevant) via email within 14 days of its receipt. Attach the image to an email sent to sales@nineteensixtyeight.com with the subject line ‘RETURN REQUEST’, and include personal details, the details of your order, and a clear breakdown of the problem(s) with your order. Please mention in your email if you prefer a refund or a replacement of the incorrect or damaged item.

We will typically issue a refund within 48-72 hours of receiving the incorrect or damaged product after due inspection of the product has been made. You may have to wait an additional 7-15 days from our receipt of the damaged print or 30 days in the case of framed prints, if you request a replacement.

We will also refund reasonable return shipping costs for incorrect or damaged items.

INTERNATIONAL RETURNS

The same return terms above apply in respect of all international returns save that whether in respect of voluntary returns or returns of incorrect or damaged items, we cannot refund any and all customs duties or other import/export taxes that may be issued from time to time by the destination country.

NINETEENSIXTYEIGHT EDITIONS

nineteensixtyeight works with artists to offer special editions of their work, available through the NineteenSixtyEight Website. All prints are hand-signed and numbered by the artist OR include a signed and numbered label OR a signed certificate of authenticity.

For certain editions, a small number of Artist Proofs (APs) will be produced, supplementary to the existing edition number. APs are typically identical to the prints in the main edition. Dependent upon the artist’s wishes, these will sometimes be put up for sale after the main edition has sold out. You are welcome to enquire about an AP of a sold out edition.

All editions are one-of-a-kind, limited to the main edition and any predetermined APs. No further prints will be produced in a particular edition once the main edition and APs have sold.

PRICING AND PAYMENT

The price of each product, exclusive of VAT, will be the price indicated on the order pages when you place your order. VAT will vary depending on the shipping destination you have provided. We take all reasonable care to ensure that the price of each product is correct.

However if a product is incorrectly priced and the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount unless the pricing error is obvious and could have been reasonably recognised as a mis-pricing in which case we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.

Please note that print prices may change according to edition availability. If an initial exclusive launch price has been advertised, this will expire within the time frame given, after which point it will no longer be available.  If you have any query as to what the correct price of any product is at a particular time, please contact us.

If you are a customer whose credit/debit card is not denominated in Sterling the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

SPECIAL MEMBERS-ONLY OFFERS

Special offers on new editions will be given to NineteenSixtyEight members, available for a limited period on a first-come first-served basis. Members will be notified via email about special offers, or can view them by logging into the PRIVÉE section of the site. Membership is invite-only, and members will be given a password to login into the PRIVÉE section of the site upon receipt of membership.

PRIVACY

nineteensixtyeight respects your privacy, please see our privacy policy on our Website with regards to how we will use your personal information.

SEVERANCE

Each one paragraphs of these terms and conditions of sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

WAIVER

If we fail to insist that you perform any of your obligations under these terms and conditions of sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you.

GOVERNING LAW

These terms and conditions of sale are governed by English law and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales having non-exclusive jurisdiction over any such matters.


Website Terms and Conditions of Use

Terms of Website Use

These Terms and Conditions of Use (together with our Privacy and Cookies Policy and Terms and Conditions of Sale each of which are available on the Website homepage) tell you the terms on which you may make use of our website at www.nineteensixtyeight.com (the “Website”), whether as a visitor, purchaser or a Privee member. Please therefore read these Terms and Conditions of Use carefully before you browse or otherwise use our Website.
If you do not agree to these Terms and Conditions of Use, you must not use our Website.

Information about Us

Nineteensixtyeight.com is a Website operated by Nineteensixtyeight Limited (“We”/“Us”/“Our”). We are registered company in England and Wales under company number 194794744 and have Our registered office at 6 Sloane Square, London SW1W 8EE, United Kingdom. [Our VAT number is 194 7947 44.

Changes to these Terms

We may revise these Terms and Conditions of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our Website

We may update the Website from time to time, and may change its content and pricing at any time. For further information about pricing and any changes or errors made to the pricing of works on the Website, please see our Terms and Conditions of Sale.

We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

Accessing our Website

Our Website is made available free of charge.

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Privée Members – Username and Password

Privée members may be provided with, or in some cases choose, a user identification code, password or any other piece of information as part of their exclusive membership access. You must treat such information as confidential and not disclose it to any third party. Special offers are exclusive to Privée members and cannot be shared with other parties.

We have the right to disable any user identification code or password or cancel any Privee membership, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use, Our Privacy and Cookies Policy and/or Our Terms and Conditions of Sale.

If you know or suspect that anyone other than you knows your user identification code or password, please promptly notify Us at info@nineteensixtyeight.com.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Website, including without limitation all copyright, trade mark and other rights subsisting in and to the Website and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining permission to do so from Us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  All Our legal rights and remedies are reserved against you in such circumstances.

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to investment advice or any other type of advice on which you should rely. You must obtain professional or specialist advice before purchasing any art work through the Website or otherwise taking, or refraining from, any action on the basis of the content on the Website.
Although We make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

Limitation of Liability

Nothing in these Terms and Conditions of Use excludes or limits our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Website or your use of, or reliance on, any content displayed on the Website.

If you are a business user, please note that in particular, we will not be liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

We will also not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses.  You should use your own virus protection software.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on the Website other than that set out above, please contact Us at info@nineteensixtyeight.com.

Third Party Links on the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources and accept no liability in relation to them.

Applicable Law

These Website Terms and Conditions of Use, their subject matter and formation, are governed by English law. You and We both hereby agree to the non-exclusive jurisdiction of the courts of England and Wales in the event of any dispute.

Contact us

To contact Us about these Website Terms and Conditions of Use or any other matter, please email info@nineteensixtyeight.com.
Thank you.

 

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