TERMS AND CONDITIONS

 

1. THESE TERMS

2. INFORMATION ABOUT US AND HOW TO CONTACT US

3. OUR CONTRACT WITH YOU

4. OUR RIGHTS TO MAKE CHANGES

5. DELIVERY AND COLLECTION

6. YOUR RIGHTS TO END THE CONTRACT

7. HOW TO END THE CONTRACT WITH US

8. COOKIES AND PERSONAL DATA

9. VOUCHERS

10. ANTI-MONEY LAUNDERING REGULATIONS

 

 

1. THESE TERMS

1.1 These are the terms and conditions on which we supply products to you, namely goods as detailed on our website (the “Products”).

1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Japanese Gallery Kensington Limited (trading as Japanese Gallery Kensington), a company registered in England and Wales with Company Registration No 10841426, having our registered office at 66E Kensington Church Street, London W84BY United Kingdom. Our registered VAT number is GB 275 2033 19.

2.2 Contact us via our Customer Services team. Our Customer Services team are available during store opening hours: Monday to Friday: 10am – 6pm

2.3 You can contact us by:

  1. Visiting us during store opening hours at 66E Kensington Church Street, London W8 4BY United Kingdom.
  2. Telephoning us during store opening hours (detailed above) on +44 (0)20 7229 2934
  3. By post by writing to us on Japanese Gallery Kensington, Customer Services, 66E Kensington Church Street, London W8 4BY United Kingdom.
  4. By emailing us at info@japanesegallery.com

2.4 Our Customer Services team will endeavour to respond to your email within 48 hours of receipt (excluding weekends or days that are national holidays in England).

2.5 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.

2.6 Any reference to “working days” in the terms means any day which is not a weekend or a national holiday in England.

 

3. OUR CONTRACT WITH YOU

3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”).

3.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.

3.3 We will assign an order number to your order and tell you what it is when we accept your order. Please tell us the order number whenever you contact us about your order.

 

4. OUR RIGHTS TO MAKE CHANGES

4.1 Products may vary slightly from their pictures. The images and packaging of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.

4.2 We may change the Product:

  1. To reflect changes in relevant laws and regulatory requirements.
  2. To implement minor technical adjustments and improvements.

These changes will not affect your use of the Product.

4.3 In addition, we may make other changes to the Product, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

 

5. DELIVERY AND COLLECTION

5.1 Please refer to our Shipping Information section for full details of delivery options.

Notwithstanding the different delivery options that are available to select, the dates stated are estimates only. Subject to clause 5.8, we will deliver all Products within 30 days after we accept your order.

5.2 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

5.3 We are unable to redirect orders once they have been dispatched. If delivery proves impossible or impractical on 2 or more occasions we may need to cancel your order and deduct the original delivery charges from the refund; however we will try to contact you in this case to arrange for a new order to be placed.

5.4 If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions.

5.5 A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us using one of the services provided for above. You own a Product once we have received payment in full.

5.6 We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the ordering process. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the correct information.

5.7 We may have to suspend the supply of a Product to:

  1. Deal with technical problems or make minor technical changes.
  2. Update the Product to reflect changes in relevant laws and regulatory requirements.
  3. Make changes to the Product as requested by you or notified by us to you (see clause 4.3).

5.8 We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we suspend the supply of a Product, or tell you we are going to suspend the supply of a Product, for a period of more than 30 days, you may contact us to end the Contract and we will refund any sums you have paid in advance for the Product.

5.9 Japanese Gallery Kensington Ltd cannot control any customs or import duties applied to packages by local customs. Any outstanding customs charges or import duties must be paid by the customer and we cannot be held responsible for these charges. Customs charges or import duties are not included in the price of items ordered. Japanese Gallery Kensington cannot inform you what the cost will be as customs policies and charges can vary from country to country.
If you refuse to accept delivery of the items you have purchased, the couriers may return the items back to Japanese Gallery Kensington Ltd. In the event that this happens, you will be refunded for your order once it is received back to our gallery, excluding any applied shipping costs you paid for as this aspect of your order was fulfilled.

5.10 All items must be shipped or collected within 10 working days from the purchase date. Any items not shipped or collected within this time will incur a storage fee of £5 inc VAT, charged daily per item. This will be charged up to and including the date of shipping or collection. The storage fee must be paid before the item is released.

 

6. YOUR RIGHTS TO END THE CONTRACT

6.1 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

  1. If what you have bought is faulty, damaged or misdescribed you may have a legal right to end the Contract. Alternatively, you may get the Product replaced or to get some or all of your money back (please see our Refund Policy).
  2. If you want to end the Contract because of something we have done or have told you we are going to do, see clause 6.2.1
  3. If you have just changed your mind about the Product in accordance with clause 6.3, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products; or
  4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.5.

6.2 If you are ending a Contract for a reason set out at 6.2.1 to 6.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

  1. We have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 4.3).
  2. We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed.
  3. There is a risk that supply of the Products may be significantly delayed because of events outside our control.
  4. We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
  5. You have a legal right to end the Contract because of something we have done wrong.

6.3 For most Products bought online you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the Products and receive a refund.

6.4 In the case that you exercise your legal right to change your mind, there will be a restocking fee to be paid by the card holder of £20 for any woodblock print or anime and manga items, and £40 for any 3D items purchased. This fee will be automatically deducted from the refund amount.

6.5 Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.

 

7. HOW TO END THE CONTRACT WITH US

7.1 To end the Contract with us before your order has been dispatched, please let us know by doing one of the following:

Call customer services on +44 (0)20 7229 2934; or email us at info@japanesegallery.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. If contacting us by email, please return the confirmation email also.

7.2 Consumers are entitled to return any works purchased online for a full refund within 14 days of receiving physical possession of the works. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to our store address or by post. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.

7.3 When returning an order in the UK, please follow the steps using one of the methods detailed below at clauses 7.4 – 7.6.

7.4 UK – Returns by Post: the original card holder who purchased the Products will be credited for the refund. In order to use this method, take your sealed box or bag to a Post Office or courier company and send it to the following address and retaining proof of postage.

Returns should be addressed to: Japanese Gallery Kensington, 66E Kensington Church Street, London W8 4BY, United Kingdom

7.5 Online Order Returns to Store: Japanese Gallery Kensington must be informed within 14 days of delivery of your intention to return any item. To return online purchases to the store, we require the Products to be in their original condition and accompanied by an email order confirmation or online dispatch note. Without an email order confirmation or online dispatch note, we cannot allow for the Products to be returned.

The notice to return the item must be accompanied with photographs of damage or discrepancies indicated by you.

All ‘returned’ goods must be delivered to Japanese Gallery Kensington in the same condition as they were sent. Items damaged in transit must be documented (i.e. photographed) on delivery and e-mailed to Japanese Gallery Kensington immediately.

All the original shipment wrap and packaging must be kept by you in order to process a successful compensation claim.

All shipping costs, including packing and insurance are non-refundable and are incurred at the buyer’s expense.

Any deterioration in condition may affect the customer’s right to a full refund. The works will remain the responsibility of the customer until they are physically received by Japanese Gallery Kensington.

Returns are not accepted for works purchased in store. Customers should satisfy themselves about the works purchased before submitting an order, as all in store sales are final.

7.6 International Returns (outside of the UK): Products delivered internationally may be returned by the customer using any secure means (which may include their local postal service or DHL.) The original card holder who purchased the Products will be credited for the refund. All terms from 7.5 apply here as well.

7.7 We will pay the costs of return:

  1. If the Products are faulty, damaged or misdescribed.
  2. If you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  3. In all other circumstances (including where you are exercising your right to change your mind under clause 6.3) you must pay the costs of return.

7.8 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

  1. Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
  2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

7.9 Product Exchange

An item can be exchanged if a pre-arranged agreement has been made between you and the Japanese Gallery Kensington. Japanese Gallery Kensington must be informed within 14 days of delivery of your intention to exchange any item. An item can be exchanged for another item in our stock that is at least the same value as the item to be exchanged. If an item is exchanged for a higher value one, the difference in price must be paid by the buyer.

 

8. COOKIES AND PERSONAL DATA

When you visit japanesegallery.com, we collect information about your device to ensure we can continue to drive innovation and improve usability to benefit your online shopping experience. Information can be collected through your IP address or through cookies placed on your device. Some cookies are needed for the proper functioning of the website. Examples of where these cookies are used include: to store how many items are in your shopping bag, to determine anonymously when you are signed in and to determine which currency we should use based on your preferred delivery location when displaying prices to you. Other cookies are used for analytics purposes which help us understand how and when you first visited our site, the frequency of your visits and the duration of time spent on our site. We also use cookies to track your journey around the site and ensure that our email marketing invite pop-up is displayed at the most appropriate time. This technology allows us to remember you so if you have previously visited the site, we are able to recognise you as a returning visitor. If you have already signed up to receive marketing emails, you will not see the pop-up unless you disable the relevant cookie. Finally, some cookies are used to provide you with personalised advertisements when you visit other selected websites, after your visit to japanesegallery.com. These advertisements will be in the form of ‘banner advertising’ and will show you products that we believe you will be interested in, based on your browsing history on our website.

When you make a purchase on japanesegallery.com, we will collect information about you to ensure we can fulfil your order or chosen service (including your name, contact details and delivery address).

 

9. VOUCHERS

9.1 Vouchers can be redeemed against any items equal or above the value of the voucher(s) on sales at the Japanese Gallery Kensington, as no change/financial remuneration can be given when using this voucher against any item below the value of the voucher.

9.2 Vouchers are non-refundable and cannot be exchanged, either fully or in part for cash of any amount.

9.3 Vouchers once purchased have a validity period of one year from the date of purchase.

9.4 We reserve the right to change terms and conditions at any time.

9.5 Promotional vouchers cannot be used in conjunction with any other promotional offer.

 

10. ANTI-MONEY LAUNDERING REGULATIONS

10.1 According to the latest HMRC Anti-Money Laundering Regulations, any auction house, dealer or anyone trading in or acting as an intermediary in the trade of works of art must verify identities and conduct appropriate due diligence checks, if they expect to transact at values of €10,000 or more.


In order to meet these regulations, Japanese Gallery Kensington Ltd reserves the right to demand clients intending to spend over £5000 on japanesegallery.com in a single purchase or over a period of one year in multiple purchases to provide photographic ID together with a proof of residency. Corporate clients should also provide a copy of their articles of association / company registration documents together with a letter authorising the individual to purchase on the company’s behalf. Failure to provide this may result in your orders not being processed, cancelled and/or a refund to be issued (refund can only be processed to the same account from which the payment was made).


Once documents have been screened and approved, clients will be able to make future transactions provided that the details submitted do not change. If the documents provided have an expiry date or if the registered address has changed, we will require clients to resubmit their details with their updated information.

10.2 Registration

10.2.1 In order to take part in an online transaction, you must be at least 18 years of age and you must register online. The registration page can be accessed by clicking here. Standard identification requirements are set out below 10.2.4. Please note that you must provide us with sufficient time to complete our pre-registration checks and in any event you must be registered at least one working day prior to the start of any online transaction or you may not be able to process the transaction.

10.2.2 Registration will require the submission of certain information about you. In the event you have not satisfied our registration TERMS AND CONDITIONS requirements, including but not limited to any identification, anti-money laundering or anti-terrorism financing checks conducted by us, we may at our discretion postpone or cancel your registration, not permit you to postpone or cancel completion of any purchase you may make at the online transaction.

10.2.3 Once you have registered you should keep your account details strictly confidential and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all acquisitions made via your account.

10.2.4 Accepted Documents - please submit here.

Photographic ID:

  • Current signed passport
  • EU member state identity card
  • Current photo card driving licence


Proof of Residency:

  • Utility bill/statement – dated within past 3 months
  • Mortgage statement from a recognised lender – dated within past 3 months
  • Bank, building society or credit union statement – dated within past 3 months
  • Local council or housing association rent card
  • Current UK / EU Drivers Licence (paper version)