Darling Pearls & Co Ltd., (“Darling”) operates the Site https://www.darlingpearls.co ( “Site”). These Terms and Conditions of Sale (“Terms”) apply when you as a consumer (“Buyer”) visit the Site and/or place an order through it.
By using the website and placing an order the Buyer accepts these Terms and enters a legally binding agreement with Darling. With this in mind, Darling advises the Buyer to read the Terms as stated below before placing an order.
Darling reserves the right to, at any time, withdraw or modify these Terms and recommends that the Buyer keep updated on the Site periodically to be aware of any changes.
Darling Pearls & Co Ltd.
Company number: 11144643
Address: 18a Kinnoul Mansions Rowhill Road, London, United Kingdom, E5 8EB
The Artworks found in Darling’s Shop were carefully selected directly with artists by Darling’s Director and Curator.
Artworks are unique or printed in a limited edition unless otherwise specified. For specific information on how many prints exist, please visit the individual Artwork product page.
All Artworks are signed and numbered by the artists or delivered with a certicate of autenticity and are sold unframed unless otherwise specified at its individual Artwork product page.
How to make a purchase
The Buyer may contact Darling directly by sending an enquiry through the individual Artwork product pages, by sending an enquiry to IFAC and Darling via Artsy or through the email firstname.lastname@example.org expressing his/her interest in purchasing an Artwork.
The Buyer doesn’t need to set up an account, but should provide enough details so that Darling can quote the shipping costs and fill the invoice.
The purchase is finalised when Darling confirms the order by email. The Buyer may cancel the order until it has been confirmed. If the order is cancelled, any payments made regarding it will be refunded.
The Buyer must be over 18 years of age to make a purchase from the Site and Darling has the right, in specific cases, to deny or modify an order at its own discretion.
Darling accepts Paypal payments and payments via Bank Transfer.
Price, taxes and other fees
The prices of artworks indicated on the Site or informed by email do not include shipping costs. These will be quoted when the Buyer provides the shipping address. The prices are not subject to VAT, but this may change at any time. For shipments outside of the EU, additional customs fees and import taxes may be added and it is the responsibility of the Buyer to pay for such additional fees and taxes.
Shipping and Delivery
Darling currently ships to countries within the EU, North America, and South America. If the Buyer’s country is not included, an enquiry can be sent to Darling at email@example.com for consideration.
Packages are dispatched within 5 working days after receipt of payment unless otherwise specified. Most parcels are shipped via the UK Royal Mail, UPS, or Fedex.
Shipments are trackable and require a signature upon delivery.
The cost of shipping includes all handling, packing and postage costs. The total shipping cost varies according to the weight and dimensions of the shipment. Darling will always seek to minimise the shipping costs whilst seeking to ensure that Artworks reach the Buyer undamaged.
The estimated time of arrival will be given when the Buyer provides the shipping address.
If the Artwork has not been collected from the delivery point, Darling reserves the right to charge all costs arising in connection with this return to the Buyer.
If a package has not arrived please contact Darling immediately. Any delivery delays will be notified by Darling. If long-term delivery delays happen the purchase may be cancelled via email and a full refund will be made as quickly as possible.
Darling is not responsible for delays caused by circumstances outside of Darling’s control such as general labor conflict, war, fire, acts of God, terrorist attacks, amended agency regulation, technical problems, failure of electric/telephone/data links or other communications or fault or delays in services from subcontractors due to circumstances stated herein. If the event lasts longer than two months, both the Buyer and Darling are entitled to cancel the purchase with immediate effect.
Consumer cancellation rights
As Darling’s customer, the Buyer, who buys from a distance (such as via a Website), has the right to cancel the order without giving reasons for the cancellation within 14 days from the date he/she receives the Artwork.
In order to process the return, the Buyer should contact Darling by email within the term stated above for help with the return, providing their name, address, invoice number, and the name of the Artwork.
The Artwork should be returned in perfect condition and in the original packaging, within 14 days of the date the Buyer advised Darling of the cancellation, at the Buyer’s expense, using the postal address as provided on the invoice and using a postal service that provides proof of postage.
Unless the Artwork is faulty or Darling has agreed otherwise prior to the Buyer returning the Artwork, the Buyer will be responsible for the returning costs.
Unless the Buyer has lost the right to cancel, when he cancels an order for an Artwork, Darling will refund the amount paid for the Artwork and the standard delivery costs (the cheapest option we provide). If the Buyer chooses any express option he will only be reimbursed the amount of the standard delivery costs.
Once the purchase has been cancelled, the amount paid for the Artwork will be refunded within 14 days from the date Darling receives the Artwork, via the payment option used, unless otherwise agreed.
Darling is responsible if the Artwork is damaged or lost during shipment or transport from Darling to the Buyer and the Buyer is responsible if the Artwork is damaged or lost during shipment or transport from the Buyer to Darling.
Faults, problems and returns
Where there is a problem with the order, such as if the wrong Artwork arrives or any Artwork is faulty or damaged, the Buyer must email Darling within 14 days after the day the Artwork is received.
A Buyer may have the right to reject faulty Artwork but this right is limited to 30 days from the date the Artwork has been received.
Depending on the problem with the order, Darling will advise the Buyer whether they should retain the Artwork and all original packaging for 30 days so that it can be inspected, or return the Artwork to Darling, repackaged securely, to guard against damages.
Within 14 days of receipt of the faulty Artwork Darling will either repair or replace the Artwork or provide a refund, ordered within 14 days of the date the Artwork is received using the same payment method used to pay Darling.
Shipping charges are refunded for approved claims.
Intellectual Property Rights
The Site and its content are owned by Darling or its licensors. The information is protected by copyright laws and treaties around the world and cannot be used without prior written authorisation.
Liability and governing law
If Darling breaches these Terms, it shall only be liable for losses that are a reasonable foreseeable consequence of such breach. Darling is not responsible for any indirect, incidental or consequential loss or damage, for example economic loss or loss of profit or business. Darling’s maximum liability to the Buyer for any loss or damage arising in connection with the order on the Site shall be limited to the total price of the order.
Nothing in these Terms shall exclude or limit Darling’s liability with regards to any matter for which it would be unlawful for us to limit or exclude our liability.
The Buyer will indemnify Darling against all claims, costs and expenses which Darling may incur and which arise, directly or indirectly, form the Buyer’s breach of any of its obligations under these Terms.
These Terms are governed by English law.