Terms and Conditions
These terms and conditions (“Terms and Conditions”) apply to the renting and hire of the Gallery from Sixteen Gallery ‘(the Gallery’) for the duration of the agreed hire period (‘Hire Period’) and for the purpose of an exhibition and/or event (the “Event”) and use of the Sixteen Gallery Ltd Website (“the Website”) (such Website use is subject to the prior approval of Sixteen Gallery which shall not to be unreasonably withheld or delayed). Together the Gallery and Website constitute the Site (“the Site”).
1. Bookings and Prices
1.1 In respect of a booking made directly or through the Sixteen Gallery website, the maximum number of days that can be booked on an annual basis is 28 days.
1.2 Your booking request will then be sent to the Sixteen Gallery by e-mail, or you can make a booking request by telephone on +44 (0) 1242 335545.
1.3 Prices are subject to change. Prices may rise as the Gallery becomes fully booked. More information about our pricing options can be found by going to sixteengallery.com/renting.
2. Payment Terms
2.1 Upon the acceptance of the booking request from Sixteen Gallery a 40% deposit is required to secure the booking. No booking is confirmed until such deposit funds have cleared into the bank account of Sixteen Gallery.This deposit is fully refundable up to 8 weeks prior to your exhibition start date, after which it is non-refundable. You will receive an invoice for the remaining balance 6 weeks before the start date of the hire period, which will be due on receipt. Once this Gallery Invoice has been paid in full no refund will be issued on any cancellation request. (see 11.1)
2.2 As full and complete consideration for the hire of Sixteen Gallery the Gallery Invoice must be paid in full by the stated Payment Date, being no later than 4 weeks prior to the scheduled Event.
2.3 In the event that any personnel are present working (i.e. including but not limited to, preparing, exhibiting, clearing, cleaning) at Sixteen Gallery for any reason in connection with the Event outside of the Hire Period agreed, the booking shall be subject to an additional hire fee calculated on a pro-rata basis and subject to these Terms and Conditions.
3. Disclaimer – Changes to these Terms
3.1 We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to the Site. Your use of the premises and continued use of the Site constitutes your agreement to all such Terms.
3.2 We make no warranty or representation that the Gallery and/or Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Gallery.
3.3 No part of the Site is intended to constitute advice and no text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site should be relied upon when making any decisions or taking any action of any kind.
3.4 The Site is provided “as is” and on an “as available” basis. We give no warranty that the Site will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
3.5 We accept no liability for any disruption or non-availability of the Gallery or Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
4. Information Provided
4.1 All information on the Site or information about the premises is provided on an “as is” basis. Save to the extent required by law, no representations, warranties, or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Gallery and/or Website or the content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
4.2 The information provided to the exhibitor and/or data on the Site:
4.2.1 does not constitute any form of advice (investment or otherwise); and
4.2.2 does not constitute any inducement, invitation or recommendation relating to any of the artworks, products listed or referred to; and
4.2.3 is not intended to be relied upon by you in making (or refraining to make) any specific investment in the works or other decisions.
5.1 Sixteen Gallery Ltd gives no warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Gallery, and/or the Website and content will be uninterrupted.
5.2 You agree that Sixteen Gallery Ltd, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
5.2.1 interruption of business; or
5.2.2 access or other delays, terminations, suspensions, denials, or access interruptions to the use of the Site or
5.2.3 data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or
5.2.4 third party website links on the Site; or
5.2.5 reliance on the information contained on the Site: or
5.2.6 computer viruses, system failures or malfunctions which may occur in connection with your use of the Site: or
5.2.7 any inaccuracies, omissions or misleading, false, or deceptive statement in the content; or
5.2.8 events beyond our reasonable control.
6. Risk & Insurance
6.1 All risks of damage to or loss of the Artwork will remain the sole responsibility of the Exhibitor. Sixteen Gallery Ltd is at no time responsible for the loss or damage to, or caused, by any artwork or exhibit. All artworks or exhibits are displayed at the owner/artists risk and you shall be responsible for insuring the same.
7. Ownership of Copyright
7.1 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall always remain the property of the Artist.
8. Data Protection
9. Limitation of Liability
9.1 To the maximum extent permitted by law, Sixteen Gallery Ltd accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of Gallery, the Sixteen Gallery Ltd website or any information contained therein. You should be aware that you use the Premises and the Website, including its Content at your own risk.
9.2 Except in respect of death or personal injury caused by Sixteen Gallery’s negligence, Sixteen Gallery shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Sixteen Gallery Ltd, its employees, agents, sub-contractors or otherwise) which arise out of or in connection with the use of the Gallery, sale of the Artwork or its use by you and the entire liability of Sixteen Gallery Ltd under or in connection with the use of the Gallery or sale of the Artwork by you shall not exceed the total sum paid under the invoice for the use of the Gallery.
9.3 Sixteen Gallery does not accept any liability for damage to the Artwork caused by your own negligence or fault but not restricted to, the maintenance of the Artwork.
10. Rights of Third Parties
10.1 No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 6 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
11. Cancellation Rights
11.1 Should you wish to cancellation your booking a full refund of any monies paid, will be refunded up to 8 weeks prior to the start of the hire period. Once the Gallery Invoice has been paid in full no refund will be issued for any cancellation request. If you wish to cancel your booking prior to the full payment of the Gallery Invoice but after deposit funds have been paid no refund will be issued on deposit amounts. If a cancellation request is submitted to Sixteen Gallery, Sixteen Gallery reserves the right to invoice any other third-party fees or costs reasonably incurred by them arising as a result of such cancellation request.
11.2 Regarding the purchase of artwork at the gallery, unless otherwise agreed in writing, once purchased you may not return any Artwork and Sixteen Gallery does not offer refunds.
12. State and Condition
12.1 Upon expiry of the Hire Period, the Gallery must be left in a clean and tidy condition, as close to the condition in which it is found. In the event that the condition is deemed unsatisfactory by Sixteen Gallery a £50.00 cleaning fee may be incurred.
12.2 Upon expiry of the Hire Period, all waste and rubbish must be removed from the Gallery.
12.3 This Clause is applicable and in conjunction with the Terms stated in the Exhibitors Pack.
13. Artwork Content
13.1 Save as expressly agreed with Sixteen Gallery via prior written approval, no artwork or content available for public viewing may contain inflammatory, offensive, obscene, or sexually explicit content of any kind or infringe on any rights of a third party, known or otherwise.
13.2 Sixteen Gallery reserves the right to refuse and/or immediately remove any artwork or content they reasonably consider as inflammatory, offensive or in breach of 13.1, and in such event no refund will be issued.
14.1 No failure or delay by Sixteen Gallery in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
15.1 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
16. Government Law and Jurisdiction
16.1 These Terms and Conditions shall be governed by and construed in accordance with English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.
16.2 Nothing contained in these Terms and Conditions affects your statutory rights.