TERMS OF SERVICE
This website is operated by The FM Gallery, The FM Gallery offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The FM Gallery(“The FM Gallery”, “we”, “our”, “us”) is a trading name of The FM Gallery LTD , a company registered in England and Wales under registration number 5983339 .
Our registered address is: Second Floor, Cardiff House, Tilling Road, London NW2 1LJ.
By visiting www.thefmgallery.com (the “Site”) and/ or purchasing something on the Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools, which are added to, the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
USING THE FM GALLERY
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PRODUCTS OFFERED FOR SALE
The Site offers Products, new or used, which are sometimes unique. These products cannot therefore be exchanged or replaced.
They are sold either new, in their existing state, or restored, according to the information provided for in the listing of each Product. The Buyer acknowledges and agrees that used Products may have scratches, marks or defects.
The sale of antique and used Products implies that the Buyer fully knows and accepts the wear of the Product, its age and fragility, which are also its value and singularity.
Before ordering online and in accordance with the laws applicable to these Terms, the Buyer may learn about the characteristics of each Product they wish to order on the Site.
The Products are offered for sale online to the limits of availability.
The photographs, representations and descriptions of the Products offered for sale online are given with the greatest possible precision. The FM Gallery is liable for what is specifically stated in the description of each Product.
The ordered products are not automatically removed from the site, it is possible that a product is ordered simultaneously by two clients / requested. If this happens, the product is sold to the person who ordered the product first has
TERMS FOR ORDERING AND PURCHASING
The Products are sold to the limits of available stock. The availability of products is indicated in the description of each item on the Site.
In accordance with the laws applicable to these Terms, the ordering process will be as described below:
To place an order, the Buyer selects one or more Products and adds them to their cart.
When their order is complete, they can access their cart by clicking on the button provided. When revising their cart, the Buyer has the right to check the number and the nature of the Products they have chosen and to check the unit price, as well as the overall price of the order. They will be able to remove one or more Products from their cart. This summary will also specifically indicate to the Buyer whether or not they have the option to exercise a right of withdrawal as well as deadlines and conditions that apply.
To validate the order, the Buyer clicks the submit button, a form will then be displayed on the Site by filling out the corresponding registration form
Once payment is actually received by The FM Gallery, the latter undertakes to acknowledge receipt to the Buyer electronically, within a period of twenty-four (24) hours.
Similarly and in the same timeframe, The FM Gallery agrees to send the Buyer a summary email of the order to confirm its processing and to provide all information regarding the order.
All prices quoted by The FM Gallery are expressed in British Pounds (£). All prices exclude shipping.
Orders via the website can be paid in the following ways:
– By bank transfer;
– By card terminal payment at our showroom
– By card payment over the Telephone
Special offers are only valid for the period as stated on the website regarding this special offer.
“Make me an offer” functionality
The “Make me an offer” functionality allows Buyers to privately negotiate the Product Price by putting forward an offer to the us, we can either accept it, refuse it or make a counter offer to the Buyer.
“Make me an offers are valid for a period of forty-eight (48) hours.
The counter offer made by the Buyer to The FM Gallery is valid for a period of forty-eight (48) hours. The counter offer made by The FM Gallery to the Buyer is valid for a period of twenty-four (24) hours. During this time, The FM Gallery can still receive other offers for the same Product and can accept them, refuse them or make counter offers until the Product has been bought. The FM Gallery can make Price counter offers to different Buyers for the same Product. In this case, acceptance of the Price counter offer will only be valid when the Buyer has finalized their order.
Once the Price offer has been accepted by The FM Gallery or the Price counter offer accepted by the Buyer, The FM Gallery can still receive other offers for the same Product but can no longer accept them or make a Price counter offer, until the purchase of the Product or until the offer expires. (iv)During these periods of maximum twenty-four (24) and forty-eight (48) hours, other Buyers can still buy the Product at its original public sale price or make price offers.
Purchase of the Product by the Buyer
The Buyer can buy the Product for the amount of their offer, previously accepted by the Seller, or at the amount of the Seller’s counter offer, by finalizing their order within the twenty-four (24) hour period. When this time has expired, the acceptance of a Price offer by the Seller or of the Price counter offer by the Buyer will be null and void.
All products on The FM Gallery can be shipped worldwide. We have worldwide shippers specialized in art and antique furniture that will take care of your order. If needed, for large pieces for instance, we will ship your order in a specially built crate.
All shipping are insured
For each of your order, you will previously receive a free shipping quote established with our shippers. This quote is defined according to your delivery address, and will be added to your order before payment.
Please note that depending on your delivery address, when shipping internationally, customs taxes and duties may apply, and are your responsibility.
The shipping time for your order depends on your order and your delivery address. For small items, the shipping time can vary between 1 week for small pieces, to 5 weeks for larger ones.
DAMAGES & RETURNS
The FM Gallery reserves the right to refuse returns or to pay only a portion of the amount where it is suspected that the products are used or damaged by the customer or third parties.
An article may be returned at the expense of the customer. This should be reported immediately upon receipt by e-mail. Returns can be sent within 7 days of purchase / receipt of the article, just so long as the article in the exact same condition / state as in the sale. Costs incurred for sending to the client and / or send it back or bring articles, shall be borne by the buyer.
No returns on Furniture & Lightings
DAMAGE AND PARTIAL LOSS
In case of delivery of a package that is clearly and visibly damaged, the Buyer has the right to refuse it and activate the guarantee offered by the carrier. The Buyer shall also inform The FM Gallery by email without delay using the contact details provided in the “Contact us” section.
Likewise, the Buyer may reject any packages that are incomplete or that contain damaged objects. In accordance with the laws applicable to these Terms, any possible action against the carrier for damage or partial loss is extinguished if a claim is not made to the carrier by registered letter within three (3) days of receipt of the items, excluding holidays, stating the grounds for objection. The Buyer acknowledges and accepts they will not be compensated if they fail to follow this process.
It is emphasised, however, that in the case of used products, cosmetic defects (state of wear, scratches, etc.) are unenforceable against The FM gallery, which the Buyer expressly acknowledges and accepts.
The Buyer is deemed to have received the package in good condition unless they make a report of a damaged package under the above conditions. They therefore assume any liability in this regard and cannot challenge their order, except by implementation of any legal provisions to the contrary.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices and fees for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
LINKS TO THIRD PARTY SITES
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request fro m us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- (1) to maintain any comments in confidence;
- (2) to pay compensation for any comments; or
- (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments 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 Service or any related website. 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order)
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The FM Gallery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.