Terms and Conditions

Welcome to GustafsGallery.co.uk

Gustafs Studio and Gallery and/or their affiliates ("Gustaf") provide website features and other products and services to you when you visit or shop at gustafsgallery.co.uk (the "website") in connection with any of the foregoing (collectively "Gustaf Services").

Please see our Privacy Notice and our Cookies Notice to understand how we collect and process your personal information through Gustaf Services. Gustaf provides the Services and sells our products to you subject to the conditions set out on this page.

Conditions of Use

Please read these conditions carefully before using Gustaf Services.

By using Gustaf Services, you signify your agreement to be bound by these conditions.

1. ELECTRONIC COMMUNICATIONS

When you use any Gustaf Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Gustaf Services. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of the Gustaf Services, we may recommend features, products, and services, including third party ads that might be of interest to you, identify your preferences, and personalise your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Gustaf Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Gustaf or its content suppliers and is protected by international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Gustaf Service is the exclusive property of Gustaf and is protected international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Gustaf Service without our 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 any substantial parts of the content of any Gustaf Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Gustaf Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Gustaf Service are trademarks or trade dress of Gustaf. Gustaf trademarks and trade dress may not be used in connection with any product or service that is not Gustaf, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gustaf. All other trademarks not owned by Gustaf that appear in any Gustaf Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gustaf.

5. PATENTS

One or more patents owned by Gustaf apply to the Gustaf Services and to the features and services accessible via the Gustaf Services. Portions of the Gustaf Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Gustaf patents and applicable licensed patents.

6. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Gustaf or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Gustaf Services. This licence does not include any resale or commercial use of any Gustaf Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Gustaf Service 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.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Gustaf or its licensors, suppliers, publishers, rights holders, or other content providers. No Gustaf Service, nor any part of any Gustaf Service, may 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 Gustaf without our express written consent. You may not use any meta tags or any other "hidden text" utilising Gustaf names or trademarks without our express written consent.

You may not misuse the Gustaf Services. You may use the Gustaf Services only as permitted by law. The licences granted by Gustaf terminate if you do not comply with these Conditions of Use or any Service Terms.

7. YOUR ACCOUNT

You may need your own Gustaf account to use certain Gustaf Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

If you use any Gustaf Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the website.

You must not use any Gustaf Service: (i) in any way that causes, or is likely to cause, any Gustaf Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other 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 e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Gustaf Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Gustaf Service, please notify us by completing and submitting the appropriate notice form and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant Gustaf (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Gustaf for all claims brought by a third party against Gustaf arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.

9. OUR LIABILITY

We will do our utmost to ensure that availability of the Gustaf Services 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 Gustaf Services 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.

Gustaf will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Gustaf Services.

We 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 legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

10. CHILDREN

We do 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 Gustaf Services only with the involvement of a parent or guardian.

11. OUR CONTACT DETAILS

This website is owned by Gustaf Studio and Gallery and maintained by SBT Solutions.

Gustaf Studio and Gallery:

Gustaf Studio & Gallery 34 High Street Peebles EH45 8SF UK

Other contacts:

SBT Solutions:

info.sbt-solutions@gmail.com

 

Conditions of Sale

These Conditions of Sale govern the sale of products by Gustaf to you.

Please read these conditions carefully before placing an order with Gustaf.

By placing an order with Gustaf, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to Gustaf to buy the product(s) in your order. When you place an order to purchase a product from Gustaf, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Gustaf. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services.

You consent to receive sales invoices electronically. Electronic invoices will be made available in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE
STATUTORY RIGHTS

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium.

You must inform us (Gustaf) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our website, by contacting us, or using this form. In case you use the return centre, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days cancellation period has expired and return the item via our return centre.

For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.

STATUTORY RIGHTS

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium.

You must inform us (Gustaf) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our website, by contacting us, or using this form. In case you use the return centre, we will communicate to you an acknowledgement of receipt by e-mail. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days cancellation period has expired and return the item via our return centre.

For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.

EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;

  • the supply of goods made to your specifications or clearly personalized;

  • the supply of goods which may deteriorate or expire rapidly;

  • a service if Gustaf has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;

OUR VOLUNTARY RETURNS GUARANTEE

Without prejudice to your statutory rights, Gustaf provides you with the following voluntary returns guarantee:

All products from the Gustaf sites can be returned within 30 days of receipt of the products to Gustaf if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed products this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. The products are to be returned via our Returns Support Centre.

If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs are borne by you. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.

3. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

4. PRODUCT INFORMATION

Unless expressly indicated otherwise, Gustaf is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Gustaf accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

5. CUSTOMS

When ordering products from Gustaf for delivery outside of the EU 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. 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 Gustaf, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information contact your local customs offce.

6. OUR LIABILITY

Gustaf and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We 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 right to have the products sent to you within a reasonable time.