All purchases made through this Website will be subject to these Terms and Conditions.

Purchase process

All prices displayed on the Website are in £ sterling and are inclusive of VAT.

Payment is made directly through the secure payment system on the website. All major credit cards are accepted. Where pieces are bought on commission payment will be arranged directly with Us and the Buyer. 

Because we do not own the pieces it is necessary for us to confirm with the artist that the piece is still available upon purchase. We will confirm within 48 hours that the piece is available and the transaction will then be confirmed. During this time the piece will be held for you on the murmurART website. No money will be taken until it has been confirmed the piece is available.

When We have confirmed the details with the artist, We will send you a final confirmation email and will enter into a contract with you on behalf of the artist.

The ownership of the artwork will pass to you after your payment has been received and the artwork is despatched to you.


Availability of artworks

The Website provides a forum for artists to sell their artwork online and for users to buy a piece of original artwork direct from the artist.  We do not own or have possession of any of the artworks offered for sale.

It is the artist’s responsibility to keep Us informed of any changes to the availability of their artworks.  If any of the artworks displayed on the Website are sold elsewhere or are no longer available for purchase, no monies will be taken and you will be informed immediately. 


Delivery and insurance

There are two delivery options when purchasing through murmurART: DHL or the Gallery Support Network.

For pieces of fine art that are at risk of being damaged in transport (e.g. paintings / sculpture) we highly recommend that buyers use our retained professional art transportation partner. murmurART takes no part in this process and upon purchase of the artwork the necessary details will be passed to the Gallery Support Group who will arrange delivery directly with the artist and buyer.

Because of our limited involvement in the delivery process We do not accept any responsibility for the loss or damage of any artwork in transit. All work transported by the Gallery Supprt Group is however fully insured by them on your behalf.

For pieces less at risk of damage during transit (prints / photographs / drawings) delivery can be arranged at a lower cost through DHL. When this delivery method is chosen we will arrange delivery to you. All non fine-artwork is insured during transit by DHL.

Unfortunately due to their insurance policy it is not possible for fine artwork (painting / scultpture) to be insured during transit by DHL - which is why the Gallery Support Group are highly recommended for these purchase.
   

Cancellations and returns

Whilst murmurART endeavours to provide the best possible representation of artwork online we understand that there are instances where buyers will not be fully happy with their purchase.  The buyer is more than welcome to cancel their order or to return the artwork they have purchased for any reason at any time up to fourteen days after they have received the artwork.

If you wish to cancel your order, please contact us by email at cancellations@murmurart, as well as by phone on 020 7221 4464.

If you choose to cancel an order for any reason, any money you have paid will be refunded in full.

If you cancel your order after the artwork has been dispatched you will be refunded the money you have paid but you are responsible for the costs of returning the artwork to the artist and of insuring it until it is delivered back to the artist.

In so far as it is possible, We ask that the artwork is returned to the artist in the original packaging.


Damaged goods

All artwork delivered by the Gallery Support Network is checked before loading and is fully ensured during delivery. Upon receiving the work please check to make sure no damage has occurred during delivery. The Gallery Support Group will be liable for any damages.


Description of the artworks

The artist is responsible for providing Us with an accurate description of themselves, their work and any of their artworks that are displayed on the Website. 

Due to the nature of a computer monitor and screen, the actual colour and appearance of the artworks may vary from the image on the screen.


WEBSITE USAGE

About us
This website is owned and operated by and on behalf of murmurART Limited (“Us” or “We”).  We are a company registered in England under number 6552108.  Our registered office is at 5000 Oxford Business Park South, Oxford, OX4 2BH, DX: 45418 COWLEY
 and our main contact address is 6 Pembridge Crecent, Notting Hill, London, W11 3DT.
Our VAT registration is 930 7804 26.
If you wish to contact Us, please use:
contact@murmurart.com or our main contact address as our postal address.

About the Website

1    Use of the Website
1.1    Our Website is designed to allow individual collectors to browse and purchase artwork online.  We are happy for you to access and use Our Website on this basis but we do not permit you to use the Website for any other purpose.  In particular, you are not permitted to:
1.1.1    Use the Website as part of a commercial enterprise;
1.1.2    Reproduce, copy or otherwise exploit the Website or any of the material that appears on the Website, including images of the artworks, listings, descriptions, prices, trademarks, logos or other content, for any commercial purpose.
1.2    We may terminate your permission to use the Website and take steps to deny your access to the Website if you make any unauthorised use of the Website.

2    Material appearing on the Website
2.1    By the nature of the Website, We publish material that has been provided to Us by third parties.  The artist is responsible for ensuring that the material they submit to Us for display is owned by them and is original material.  If you purchase an artwork through Us, you will receive a certificate of authenticity direct from the artist.
2.2    As a result, We do not guarantee the originality, authenticity or quality of the material appearing on the Website.
2.3    Furthermore, due to the nature of some of the material advertised for sale on the Website, you may be exposed to content of an adult nature.  By entering the Website or by registering with Us, you confirm to Us that you are legally permitted (whether by virtue of your age or by the laws that apply where you are) to view such content.

3    Changes to the Website
3.1    While We aim to update the material on our Website regularly, please note that it may be out of date at any given time.  We are under no obligation to update such material.
3.2    We may need to alter the material appearing on the Website from time to time in order to reflect the availability of the artworks.  If the need arises We may suspend the Website, for example to allow for maintenance.
3.3    We reserve the right to do any or all of these things without notifying you.

4    Registration details
4.1    You are responsible for maintaining the confidentiality of your account, login, password, payment details, and for restricting access to your computer. 
4.2    You must immediately notify Us of any unauthorised use of your password, account or any other breach of security.  We may terminate your current account in the event of a breach of security and, if it is appropriate, provide you with fresh security details.

5    Website Linking
5.1    Linking to our Website
You may create a link to our home page, provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation.  You must not establish a link in such a way as to suggest any form of association with Us or any approval or endorsement by Us where none exists.
In particular, our Website must not be framed on any other website and you may not create a link to any part of our Website other than the home page.  We reserve the right to withdraw linking permission without notice.
5.2    Our links to external websites
Where our Website contains links to other sites or to resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those external websites or resources, and We accept no responsibility for them or for their content or availability or for any damage that may arise from your use of them.

6    Intellectual property appearing on our Website
6.1    The Website and the material appearing on the Website are copyright material and are not available for general use or dissemination. 
6.2    None of the images or other material appearing on the Website may be downloaded, copied or reproduced without our express written permission.
6.3    The artists featured on the Website retain the copyright in their own artwork. 
6.4    You may not make any use of any of the trade marks or other logos appearing on the Website.

7    Information about you and your visits to the Website
7.1    We process information about you in accordance with our Privacy Policy which is available below.
7.2    By using our Website, you consent to such processing and you confirm that all data provided by you is accurate.

8    Right to amend Terms and Conditions
8.1    Where it becomes necessary in order to reflect changes in our business practice, We reserve the right to change these Terms and Conditions at any time.  We will display the amended Terms and Conditions here. 
8.2    The Terms and Conditions displayed on the Website at the time of your visit or the time of your purchase of an artwork are those that will be applicable to you. 

9    Disclaimers and limitation of liability
9.1    Our Website is made available on the basis that you accept the material “as is” and that the Website may not always be accessible. 
9.2    We do not make any representation, endorsement or warranty of any kind, whether express or implied, including as to the quality of the artworks, the non-infringement of the rights of any third parties or the accuracy of the information displayed on the Website.
9.3    In particular:
9.3.1    Because it is the artists’ responsibility to provide material that appears on the Website, We cannot warrant that the material appearing on the Website does not infringe the rights of others. 
9.3.2    While We take every care to make sure that our Website is available and fully functional at all times, We cannot warrant that the Website will always be available or will always be error-free.
9.3.3    Because our role is to advertise on behalf of the artists and We are not responsible for creating the artworks, We cannot accept responsibility for any claims, liabilities or damages relating to any artworks you purchase through the Website;
9.4    Any advice, recommendation, representation or other information given on the Website in relation to any of the artworks appearing on the Website is given on an informal basis and will not form part of any contract.  You must make your own decision about whether or not to purchase any artwork.

10    Governing law
10.1    These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales, and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.

11    Dispute Resolution
11.1    In the event of a dispute arising in connection with these Terms and Conditions, or any contract between Us, We will offer the opportunity to settle the dispute by engaging in a process of mediation before commencing litigation.

12    Entire Agreement
12.1    These Terms and Conditions constitute the entire agreement between you and Us and govern your use of the Website.  These Terms and Conditions override any prior agreement between you and Us.

Privacy Policy
murmurART Limited ("We" or “Us”) is committed to protecting and respecting your privacy.  This policy sets out the basis on which any personal data We collect from you, or that you provide to Us, will be processed by Us. 
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Will Conibear.
Please address any queries you may have to Our Data Manager at 6 Pembridge Crecent, Notting Hill, W113DT or will@murmurart.com.

Information We may collect from you
We may collect and process the following data about you:
•    Information that you provide by filling in forms on the website www.murmurart.com (“the Website”). This includes the information provided when you submit your cv to Us.  We may also ask you for information if you report a problem with Our Website.
•    Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise and the resources that you access.

IP addresses and ‘cookies’
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to Our advertisers. This is statistical data about Our users' browsing actions and patterns, and does not identify any individual.
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. The information that We obtain will be used to help Us to improve our Website and the services We offer.
You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Our Website. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you log on to Our Website.

Where We store your personal data
The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of Our suppliers. By submitting your personal data, you agree to this transfer, storing or processing.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

Use of your personal data
We use information held about you only for our internal purposes and in order to select and propose appropriate interim managers for our clients.  In general, We will not supply your details to our clients without seeking your permission first.
If, at any stage, you do not want Us to use your data in any particular way or at all, please contact either your normal contact or our Data Manager at 6 Pembridge Crecent, Notting Hill, W11 3DT or using will@murmurart.com.
Disclosure of your personal data
We may disclose your personal information to:
•    any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985;
•    third parties where We are legally obliged to do so.

Your rights
You have the right to ask Us not to process your personal data for any purpose at any stage.  You can indicate your preferences when you submit your personal data or subsequently by contacting Us at 6 Pembdige Crecent, Notting Hill, W11 3DT or using will@murmurart.com.
Our site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.

Amendments
Any changes We may make to Our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.