Terms of service

TERMS & CONDITIONS

These Terms & Conditions (“Terms”) apply to your use of our website, www.agonyecstasygallery.com (the “Website”), and to any purchases made through the Website.

Please read these Terms carefully before placing an order. By using our Website or purchasing from us, you agree to be bound by these Terms.

1. ABOUT US

Agony + Ecstasy Gallery is an independent online photography gallery and in-house publisher specialising in photographic archives, fine-art photography, limited editions and publications.

Agony + Ecstasy Gallery is operated in the United Kingdom as a sole trader business / sole trader businesses.

Trading name: Agony + Ecstasy Gallery
Legal name: Emma Salahi
Business address: 32 Phillipa Flowerday Plain, Norwich, NR22TA
Country: United Kingdom
Email: info@agonyecstasygallery.com

Nothing in these Terms affects your statutory rights as a consumer.

2. OUR PRODUCTS

We sell fine-art photographic prints, limited-edition photographs, books, publications and related products.

Many of the works available through Agony + Ecstasy Gallery are produced in limited editions. Where applicable, the edition number, edition size, dimensions, printing process, framing details and other relevant information will be stated on the individual product page.

Because our works are fine-art objects, minor variations in colour, texture, paper, printing and finish may occur between the image displayed on screen and the physical artwork.

Colours may also appear differently depending on your device or screen settings.

3. LIMITED EDITIONS

Where an artwork or photograph is sold as a limited edition, the edition size will be stated on the relevant product page.

Once an edition has been sold, no additional numbered editions will be produced beyond the stated edition size, except where expressly identified as an Artist Proof or another authorised edition category.

Edition numbers are allocated according to availability and may not always be supplied in numerical order.

4. PRODUCT INFORMATION AND PRICES

We take reasonable care to ensure that descriptions, images, dimensions and prices displayed on the Website are accurate.

However, occasional errors may occur.

Prices are displayed in the currency shown on the Website at the time of purchase.

Unless otherwise stated, prices include any applicable taxes required to be charged at the point of sale.

Delivery charges, where applicable, will be displayed before you complete your purchase.

For international orders, you may be responsible for import duties, customs charges, local taxes or other fees imposed by the destination country.

5. PLACING AN ORDER

When you place an order through our Website, you are making an offer to purchase the relevant product.

After placing an order, you will receive an order confirmation acknowledging that we have received your order.

The contract between you and Agony + Ecstasy Gallery is formed when we confirm acceptance of your order.

We reserve the right to refuse or cancel an order where, for example:

• the product is unavailable;

• there has been an obvious pricing or description error;

• we are unable to fulfil the order;

• payment has not been successfully authorised; or

• we reasonably suspect fraudulent activity.

If we cancel an order after payment has been made, we will refund the amount paid for the cancelled product.

6. PAYMENT

Payment must be made using one of the payment methods available at checkout or, where agreed with Agony + Ecstasy Gallery, by bank transfer against an invoice issued directly by the Gallery.

We accept payment through various third-party payment providers, which may include Stripe, Klarna and other payment services made available through our Website from time to time.

Where available, Klarna may allow you to pay for your purchase using one of its available payment options. Any payment plan, instalment arrangement, credit agreement or other financial arrangement offered through Klarna is provided by Klarna and is subject to Klarna's own terms and conditions, eligibility requirements and approval processes.

Agony + Ecstasy Gallery is not responsible for Klarna's approval process, payment services or the terms of any financial agreement entered into between you and Klarna.

INVOICE AND BANK TRANSFER

For certain purchases, including fine-art photographs and other high-value works, Agony + Ecstasy Gallery may issue an invoice directly with payment made by bank transfer to the bank account specified on the invoice.

Where payment by bank transfer has been agreed, the order will only be considered paid once the full invoiced amount has cleared into the nominated bank account.

Customers are responsible for ensuring that the full invoiced amount is received.

7. ARTWORK PRODUCTION

Certain artworks may be produced specifically following an order, including limited-edition photographic prints.

Where an artwork is produced or printed to order, the estimated production time will be stated on the relevant product page where possible.

Production times are estimates and may vary depending on the artist, printer, framer or other production partner involved.

We will communicate with you if there is a significant and unexpected delay.

8. FRAMING

Where an artwork is sold framed, the framing specification will be stated on the relevant product page or confirmed with you before production.

Agony + Ecstasy Gallery works with specialist framers in both London and Ibiza. Depending on the location of the artwork, the required framing and the destination of the order, an artwork may be framed and dispatched from either the United Kingdom or Ibiza.

For international deliveries, we may recommend Perspex or another suitable glazing material rather than glass in order to reduce the risk of damage during transit.

Where an artwork is purchased unframed, framing is not included unless expressly stated.

9. STOCK LOCATIONS AND DELIVERY

Agony + Ecstasy Gallery maintains stock and fulfilment locations in both the United Kingdom and Ibiza, Spain.

The location from which an order is fulfilled will depend on the particular artwork, photograph, publication or other product purchased and where that item is held at the time of purchase.

As a result, delivery times, shipping costs, applicable taxes, customs requirements and the method of delivery may vary depending on:

• the product purchased;

• the location of the product at the time of purchase;

• the destination country; and

• whether the item requires printing, framing or other production before dispatch.

Where relevant, the applicable delivery cost and estimated delivery timeframe will be displayed at checkout or communicated to you before your order is dispatched.

An order containing multiple products may, where necessary, be fulfilled in separate shipments if the products are held in different locations.

You will not be charged additional delivery costs for separate shipments unless this has been expressly agreed with you in advance.

For larger, framed or particularly valuable works, delivery arrangements may be agreed with you separately.

You are responsible for providing an accurate delivery address and appropriate contact information.

10. INTERNATIONAL ORDERS, CUSTOMS AND IMPORT CHARGES

As Agony + Ecstasy Gallery operates with stock and fulfilment locations in both the United Kingdom and Ibiza, Spain, the applicable taxes, customs requirements and import charges may depend on the location from which your particular order is dispatched and the country to which it is being delivered.

Where an order is dispatched from the United Kingdom to a destination outside the United Kingdom, the shipment may be subject to import duties, taxes, customs charges or other fees imposed by the destination country.

Where an order is dispatched from Ibiza, Spain to a destination outside the European Union, the shipment may similarly be subject to import duties, taxes, customs charges or other fees imposed by the destination country.

Where an order is dispatched within the relevant customs territory, local taxes or other applicable charges may still apply.

Any import duties, customs charges or local taxes payable by the recipient will be the responsibility of the recipient unless expressly stated otherwise at checkout or agreed with you in writing.

Agony + Ecstasy Gallery has no control over customs charges or the length of time an order may be held by customs authorities.

You are responsible for ensuring that you are able to receive the goods in your country and that the goods may lawfully be imported.

11. DELIVERY OF FRAMED ARTWORKS

Due to the fragile nature and value of framed artwork, we take particular care when packaging and arranging delivery.

Framed artworks may be dispatched from either our United Kingdom or Ibiza fulfilment locations, depending on where the artwork is held and where it is being delivered.

Where appropriate, we may contact you before dispatch to confirm delivery details and the most appropriate method of transport.

If an artwork arrives visibly damaged, please photograph the packaging and artwork immediately and contact us as soon as reasonably possible.

This information may be required when making a claim with the courier.

Due to the nature of our fine-art photography, many photographic prints are produced to order following purchase. This means that the photograph is printed specifically for the customer and is not taken from general ready-made stock.

Fine-art photographic prints that are made to order are non-refundable and cannot be cancelled once production has commenced, except where the artwork is faulty, damaged or does not conform to the description provided at the time of purchase.

Where permitted by applicable law, made-to-order photographic prints may be exchanged for another available artwork of equivalent value, subject to prior written agreement with Agony + Ecstasy Gallery.

Any exchange is subject to the artwork being returned in its original condition and suitable for resale, where applicable. The customer may be responsible for the costs associated with returning and re-shipping an exchanged artwork.

Where an artwork is faulty or has been damaged prior to delivery, please contact us as soon as reasonably possible and provide photographs of the artwork and its packaging where relevant. We will assess the issue and, where appropriate, arrange a replacement, repair, exchange or refund in accordance with your statutory rights.

For books, publications and other standard products that are not made to order, statutory cancellation and return rights may apply where required by applicable consumer law.

Nothing in these Terms is intended to exclude or restrict any statutory consumer rights that cannot legally be excluded.

13. MADE-TO-ORDER FINE-ART PHOTOGRAPHS

A fine-art photograph is considered made to order where it is printed, produced or otherwise prepared specifically following your purchase, including where the print is produced in a particular edition, size, format or finish for you.

Because these works are produced specifically following an order, we are unable to offer a refund simply because you have changed your mind, where applicable law permits us to exclude cancellation rights for made-to-order goods.

Before placing an order, customers should carefully review the artwork description, dimensions, edition information, framing specification and other details provided on the Website.

Where there is any uncertainty about an artwork, customers are welcome to contact Agony + Ecstasy Gallery before placing an order.

14. FAULTY, DAMAGED OR INCORRECT ARTWORKS

Our artworks are carefully inspected and packaged before dispatch however should it arrive faulty please contact the gallery within 7 days.

Where the artwork is confirmed to be faulty, damaged or incorrectly supplied, we will provide an appropriate remedy in accordance with applicable consumer law. This may include a replacement, repair, exchange or refund.

The cost of returning a faulty or incorrectly supplied artwork will be covered by Agony + Ecstasy Gallery where required by law.

15. EXCHANGES

Where an exchange has been agreed by Agony + Ecstasy Gallery, the replacement artwork must be of equal or greater value, with any difference in price payable by the customer.

Exchanges are subject to availability and must be agreed with us in writing before the original artwork is returned.

Artwork must be returned in its original condition and, where possible, in its original packaging.

Agony + Ecstasy Gallery reserves the right to refuse an exchange where an artwork has been damaged, altered or handled beyond what is reasonably necessary to inspect it.

Unless the artwork is faulty, damaged or incorrectly supplied, the customer is responsible for the costs of returning the original artwork and delivering the replacement artwork.

Nothing in this section affects any statutory rights that apply to you under applicable consumer law.

All content appearing on the Website, including but not limited to:

• photographs;

• artwork images;

• archival material;

• text;