means the person who buys or agrees to buy a Poster or Posters from the
means the terms and conditions of sale set out below and any special
terms and conditions agreed in writing by the Gallery;
means the vintage posters which the Gallery is prepared to offer for
sale from time to time and which are included in the Catalogue;
means the price for Poster(s) together with VAT and the cost of packaging,
insurance and delivery;
means The Reel Poster Gallery of
72 Westbourne Grove, London W2 5SH;
means the catalogue of the Gallery's Posters accessible on the Gallery's
Website or available in hard copy from the Gallery;
means the Gallery's Internet website located at http:// www.reelposter.com;
2. CONDITIONS APPLICABLE
2.1 All Contracts for the sale of Poster(s) are subject to the
following express Conditions. No addition to or variation of
these Conditions shall apply unless expressly agreed in writing
by a duly authorised representative of the Gallery.
2.2 Acceptance of the Gallery's Quotation shall be deemed conclusive
evidence of the Buyer's acceptance of these Conditions
3. PRICE AND PAYMENT
3.1 The prices of Posters are available from the Gallery by
requesting a Quotation from the Website section marked "Quotation
3.2 The sale price in the Quotation is exclusive of VAT, (which
shall be due at the rate ruling on the date of the Gallery's
invoice) packing, insurance and carriage all of which shall be
separately itemised on the Quotation.
3.3 On receiving a request for a Quotation the Gallery will
then supply the Quotation by the method requested (either e-mail,
fax or post). Faxed and e-mailed Quotations will be confirmed
3.4 On receiving a Quotation, if the party wishes to purchase
the Poster(s) they must confirm this to the Gallery. Quotations
are open for acceptance for a period of 28 days from date of
3.5 Payment in full is due on acceptance by the Buyer of the
Quotation. The Gallery shall not be obliged to deliver the Poster(s)
until payment in full and cleared funds has been received (including
VAT, packing, insurance and delivery charges).
4. THE POSTERS
4.1 The available Posters are described in the Catalogue which
can be accessed through the "Catalogue" section of
the Website. The inclusion of Posters in the Catalogue does not
constitute an offer to sell.
5.1 Subject to clauses 5.2, 5.3 and 5.4 the Gallery warrants
that the Poster(s) will at the time of delivery correspond to
the description included in the Catalogue. Such information is
given in good faith but its accuracy cannot be guaranteed.
5.2 Due to reproduction on the Website the Seller makes no warranty
that the colour of the Poster(s) as shown in the Catalogue will
be the same as the actual colour of the Poster(s) supplied.
5.3 Due to normal ageing, the Seller makes no warranty that
the colour of the Posters as shown in the Catalogue or the colour
of the actual Posters supplied is the same colour as they were
when originally printed.
5.4 All Posters are believed to be original and due allowance
must be made for their age which may be reflected in minor defects.
Nothing in the Conditions or the inclusion of the Posters in
the Catalogue nor the sale of any Poster should be interpreted
as granting any assignment, licence or other transfer of any
intellectual property rights in the Posters. The Gallery does
not have the right and does not purport to transfer any intellectual
property rights in any Poster to the Buyer or anybody obtaining
or accessing the Catalogue. Downloading or other copying of any
Poster from the Catalogue or otherwise is strictly prohibited.
5.5 Except as expressly provided in these Conditions all conditions,
warranties or representations, express or implied, statutory
or otherwise, relating to the condition or quality of the Poster(s)
are hereby excluded to the fullest extent permitted by law.
6.1 Delivery of the Goods shall be made to the Buyer's delivery
address. The Gallery will use all reasonable endeavours to deliver
the Poster(s) within 30 days of acceptance of a Quotation.
6.2 The Buyer shall make all arrangements necessary to take
delivery of the Posters whenever they are tendered for delivery.
7. OPTIONS TO RETURN POSTERS
7.1 The Buyer is entitled to return the Posters and to receive
a full refund from the Gallery on returning the Posters to the
Gallery within 28 days of the actual delivery date provided the
Posters have not been damaged while in the Buyer's possession
and are returned in the condition they were supplied. The Buyer
shall be liable for the cost of returning the Poster(s) to the
Gallery in London.
8. TITLE AND RISK
8.1 Risk in the Poster(s) purchased shall pass to the Buyer
on delivery to the Buyer's delivery address.
8.2 Title to the Poster(s) purchased shall remain with the Gallery
until payment in full has been made by the Buyer.
8.3 If payment in full is not made in accordance with this Agreement
within 28 days of the Quotation being accepted by the Buyer the
Gallery shall be entitled to treat the contract as cancelled
and sell the Poster(s) to a third party.
9.1 The maximum liability of the Gallery howsoever arising from
or in connection with the sale or offer to sell Posters (whether
for breach of contract, negligence, misrepresentation or otherwise)
shall not in any circumstances exceed the sums paid for or in
respect of the Poster(s) in respect of which the liability arises.
9.2 The Gallery shall not be liable for delay in or failure
to perform obligations if that delay or failure is caused by
circumstances or events beyond its reasonable control.
10.1 If and to the extent that any provision of this Agreement
is illegal, void or unenforceable for any reason, the remaining
provisions or parts of the relevant provision (as the case may
be) shall remain in full force and effect and this Agreement
shall then be construed with such amendments as are necessary
in order to make the provision valid and enforceable to achieve
so far as possible the original intention as set out herein.
10.2 Clause headings are inserted for ease of reference only
and shall be ignored in interpreting or construing these Conditions.
10.3 These Conditions and all contracts for the sale of Posters
shall be governed and construed in accordance with the laws of
England and the parties hereto hereby submit to the non- exclusive
jurisdiction of the English Courts.