Terms & Conditions
Please read the following terms of use and disclaimer carefully before using the website www.the-leith-gallery.co.uk (the “Website”). By using this website, you agree to these terms of use. If you do not agree to these terms, you may not use this "Website". The Leith Gallery Limited (“The Leith Gallery”) reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.
This Website is owned and operated by The Leith Gallery Ltd, a Company registered in Scotland under registration number SC157629.
Access To The Website
We will do our utmost to ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for Website Access
The Leith Gallery grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Leith Gallery. This licence does not include the following:
- Any resale or commercial use of this website or its contents;
- Any collection and use of any product listings, descriptions, or prices;
- Any derivative use of this website or its contents;
- Any downloading or copying of account information for the benefit of another merchant or;
- Any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Website. You may not use any meta tags or any other “hidden text” utilising The Leith Gallery’s name, domain or trademarks without the express written consent of The Leith Gallery. Any unauthorised use terminates the permission or license granted by The Leith Gallery.
You may not use The Leith Gallery logo or other proprietary graphic or trademark as part of the link without our express written consent.
Your Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not The Leith Gallery, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
- Fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
- Cause annoyance, inconvenience or needless anxiety;
- Send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
- Reproduce, duplicate, copy, sell or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose;
- Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
- Use any meta tags, search terms, key terms, or the like that contain the Website’s name or trademarks used on the Website;
- Engage in any activity that interferes with the Website or another user’s ability to use the Website;
- Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website or;
- Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Reviews, Comments, Communications & Other Content
Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The Leith Gallery reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Leith Gallery a non-exclusive, royalty-free, perpetual, irrevocable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Leith Gallery the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Leith Gallery, including the execution of deeds and documents, at the request of The Leith Gallery.
You represent and warrant that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to The Leith Gallery:
- The content and material is accurate and;
- Use of the content and material you supply does not breach any applicable policies or guidelines of The Leith Gallery and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Leith Gallery for all claims brought by a third party against The Leith Gallery or its affiliates arising out of or in connection with a breach of any of these warranties.
Copyright and Database Rights
All design and content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of The Leith Gallery, its affiliates and artists and is protected by United Kingdom and international copyright and database right laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without The Leith Gallery’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without The Leith Gallery’s express written consent. You also may not create and/or publish your own database that features substantial parts of this website (e.g. product listings) without The Leith Gallery’s express written consent.
© 2010 The Leith Gallery Limited. All rights reserved.
Copyright Claims
The Leith Gallery and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please write to us at 65, The Shore, Leith, Edinburgh, EH6 6RA.
Trademarks
The Leith Gallery’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of The Leith Gallery. These trademarks and trade dress may not be used in connection with any product or service that is not The Leith Gallery’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Leith Gallery. All other trademarks not owned by The Leith Gallery that appear on this Website are the property of their respective owners, who may or may not be affiliated with or connected to The Leith Gallery.
Children
The Leith Gallery does not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may use The Leith Gallery Website only with the involvement of a parent or guardian.
Electronic Communications
When you visit The Leith Gallery Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Our Contract
When you place an order to purchase a product from The Leith Gallery, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we’ve dispatched that product to you (the “Dispatch Confirmation email”). That acceptance will be complete at the time we send the Dispatch Confirmation email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation email to have been dispatched do not form part of that contract. All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.
Packing Your Order
Great care is taken to ensure that your purchase reaches you in the same condition that they leave The Leith Gallery’s offices.
Pricing
All prices quoted are in ‘pounds sterling’ (£) and will include UK Value Added Tax, where applicable, (VAT) at 20%.
You may purchase goods from The Leith Gallery Website with your credit card using currencies other than ‘pounds sterling’. In such cases your credit card company will be billed in ‘pounds sterling’ and they in turn will bill you in your local currency. The actual exchange rate applied to your transaction will be the rate set by your credit card company on the date of the transaction.
The Leith Gallery cannot be held responsible for the exchange rate or any other charges applied to your transaction by your credit card company.
Availability
We list availability information for products sold by us on the Website. Beyond what we say on the Website, we cannot be more specific about availability.
Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.
Delivery Policy
All confirmed orders with cleared funds will be despatched within 1-5 working days. If any delay occurs you will be notified immediately. You will be given the option to arrange a convenient delivery date or to cancel the order with a full refund. Please advise us if you do not receive your item(s) within 10 days of placing your order so that we can trace the parcel. Delivery must be to the same address as your credit card billing address.
Customers must provide a contact number/email address and we will confirm the shipping costs before proceeding with the sale.
Returns Policy
All orders are carefully checked prior to despatch. Occasionally, items are damaged, defective or unacceptable and we will make every effort to rectify the situation. We will do our best to ensure that you are fully satisfied with your purchase.
If the goods are damaged in-transit or faulty, please notify us within 3 days of receiving them. Keep all the packaging material; we will arrange to have the item returned at our expense. You will be given the option to have the product replaced at no charge to you on a convenient date or to have a full refund. This does not affect your statutory rights.
Goods that are not acceptable for any other reason may be returned within 3 days for a refund but you must contact us first for authorisation. Goods returned which are not defective or faulty will be subject to a 20% re-stocking charge and the cost of returning the goods. This does not affect your statutory rights.
Customs
When ordering goods from The Leith Gallery for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from The Leith Gallery, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities
Alteration of Service or Amendments to the Conditions
The Leith Gallery reserved the right to make changes to the Website, policies, and these Conditions of Use and Sale at any time. You will be subject to the policies and Conditions of these Conditions of Use and Sale in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Losses
The Leith Gallery will not be responsible for any losses you suffer as a result of you breaching these conditions. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
We do not guarantee that The Leith Gallery Website will be compatible with your computer, and we accept no liability for any corruption or loss of data held on your computer, or any liability for any other loss or damage of any kind caused to your computer resulting from use of this Website.
Events Beyond Our Reasonable Control
The Leith Gallery will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these conditions and The Leith Gallery takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of Scotland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Scottish courts.
Disclaimer
The content of this website is maintained by the Author. Whilst every attempt is made to ensure that information is accurate and up-to-date, some information is subject to change. The Leith Gallery will not be held liable for information that is subject to change and reserves the right to alter the content of this Website at any time.
