Terms and Conditions.

Terms & Conditions for Services and Using Our Website

1. Introduction

Welcome to Gilbert Art Services. We provide professional picture hanging, mirror installation, and art-handling services (the “Services”). When we refer to “we”, “us”, or “our”, that means Gilbert Art Services. When we say “you” or “the Client”, that refers to the person or organisation engaging us for Services.

Our address is:
Gilbert Art Services
1 Evan Cook Close
London SE15 2HH
United Kingdom

By accepting a quotation, placing a booking, or using our website, you agree to these Terms & Conditions (these “Terms”). If you do not agree to these Terms, please do not engage our Services or use our website.

These Terms are divided into three parts:

  • Part A: Terms for when you engage us to perform Services

  • Part B: Terms for when you browse and interact with our website

  • Part C: Liability, warranties and general provisions (applies to both Services and website use)

PART A – Terms for When You Engage Us to Perform Services

1. Duration and Applicability

1.1 These Terms apply to all bookings, quotations, contracts and orders under which we perform Services for you.
1.2 You are deemed to have accepted these Terms when you place a booking, pay a deposit, or otherwise engage us to commence work.
1.3 These Terms apply from the date of booking acceptance and continue to apply for all subsequent provision of Services.

2. Eligibility

2.1 By engaging our Services you confirm that you are either:

  • (a) aged 18 or over and entering into the booking for yourself or your business; or

  • (b) under 18 and have your parent or legal guardian’s permission to use our Services.
    2.2 If you are under 18, your parent or guardian must accompany you and consent to the booking.

3. Booking and Provision of Services

3.1 To engage us you must contact us via email, telephone or via our website and provide us with the required information (such as number and type of artworks, weights, dimensions, hanging height, location, etc).
3.2 Submitting a booking constitutes your offer to purchase the Services at our quoted fee (the “Fee”).
3.3 You warrant that all information you provide is accurate and complete. If you provide false, incomplete or inaccurate information we are not liable for any resulting loss, and we reserve the right to charge additional fees or treat the booking as cancelled.
3.4 We may reject a booking at our sole discretion (e.g., if the premises is outside our area of operation or the required work falls outside our capabilities).
3.5 Unless otherwise agreed, we may not commence Services until you have paid any required deposit or invoice.

4. Our Access to the Premises

4.1 You must ensure we have safe and suitable access to the premises (the “Premises”) to perform the Services.
4.2 You warrant that the Premises is suitable for the work (free of obstacles, safe, and any necessary permissions obtained).
4.3 You are responsible for obtaining any required permissions or authorisations for us to attend the Premises.

5. Quotation, Fee Estimate and Changes

5.1 At booking we will provide a fee estimate (the “Fee Estimate”) covering labour, equipment, travel, materials and number of hours.
5.2 The Fee Estimate is not binding and the final invoice will be based on actual hours and materials used.
5.3 If you request changes to the Services (a “Change in Scope”), we reserve the right to charge a reasonably determined additional fee (the “Change Fee”). We will only proceed with changes if you confirm the Change Fee in writing and pay any required additional deposit.

6. Cancellation and Rescheduling

6.1 If you cancel:

  • (a) At least 5 calendar days prior to the scheduled booking: no fee payable.

  • (b) Less than 5 but more than 4 days (“> 96 hours”) before: 50% of the installation Fee Estimate is payable.

  • (c) Less than 36 hours before or on the day: 100% of the installation Fee Estimate is payable.
    6.2 If you reschedule and give notice less than 4 days before the scheduled start: 50% of the installation Fee Estimate is payable in addition to any new fees for the rescheduled booking. Notice less than 36 hours: 100% as cancellation.
    6.3 If we cannot access the Premises at the scheduled start time and you are not available, we may treat this as a cancellation under clause 6.1(c).
    6.4 If we cancel your booking, we will notify you and you may either cancel with a refund of any deposit or rearrange the booking.

7. Payment

7.1 You must pay our Fee as set out in our invoice or as otherwise agreed in writing.
7.2 Payment terms (unless otherwise stated):

  • Independent (private) clients: within 7 days of invoice date.

  • Business clients: within 14 days of invoice date.
    7.3 We accept the payment methods specified on our invoice. If a third-party payment provider is used, you agree its terms apply and we are not responsible for its performance.
    7.4 Unless otherwise agreed, you will bear all reasonably incurred third-party costs in connection with our Services (e.g., travel, accommodation, material hire) and we may invoice you for them.
    7.5 We may suspend performance of Services if payment is not made when due.
    7.6 Late payments: In addition to any other rights, if you fail to pay by the due date you must pay a late payment fee of £80 plus VAT, and interest at a rate of 8% plus the Bank of England base rate per annum from the due date until paid.

8. Third Party Goods and Services

8.1 If our Services involve purchasing or using goods/services from third parties, those third-party terms (“Third Party Terms”) apply.
8.2 You agree to be bound by any applicable Third Party Terms and we are not responsible for any loss caused by those terms.

PART B – Terms for Using Our Website

9. Access and Use

9.1 You agree to use our website only in compliance with applicable laws and these Terms.
9.2 You must not:

  • (a) copy, mirror, reproduce, adapt, translate or modify any part of the website without our express written consent;

  • (b) use the website for any purpose other than browsing or purchasing our Services;

  • (c) misuse the website or attempt to interfere with its functionality;

  • (d) use automated tools or scripts to access or interact with the website;

  • (e) link to our website in a way that harms our reputation;

  • (f) attempt security breaches such as scanning, probing, flooding, virus-injection or denial-of-service attacks.
    9.3 You acknowledge we do not guarantee the website will be error-free, uninterrupted, or secure. We may update or change information on the website at any time without notice.

10. Intellectual Property

10.1 All website content (text, graphics, logos, icons, images, sound, video, software, design) is our intellectual property or licensed to us.
10.2 You may make one temporary electronic copy of part of the website for viewing only; you must not reproduce, distribute, publish, sell or otherwise exploit it without our written consent.
10.3 “Intellectual Property Rights” means copyright, trademark, design rights, patents, domain names and other proprietary rights worldwide.

11. Links to Other Websites

11.1 Our website may contain links to external websites not operated by us; we do not control and are not responsible for their content or practices.
11.2 The inclusion of a link does not imply our endorsement of the linked site.

12. Third-Party Hosting

12.1 The website may be hosted by a third party; applicable terms of that host may apply.
12.2 We are not liable for any acts or omissions of our website host.

13. Security

We do not accept responsibility for loss or damage to your computer or mobile device arising from use of our website. You are responsible for ensuring your device is suitably protected.

14. Reporting Misuse

If you become aware of misuse of the website, errors in content or difficulty accessing it, please contact us using the details on the website.

PART C – Liability, Warranties & General Provisions

15. Limitation of Liability

15.1 To the maximum extent permitted by law, all warranties (express or implied) not stated in these Terms are excluded.
15.2 Neither we nor our employees, subcontractors or agents shall be liable for any indirect, incidental, special or consequential loss or damage (including loss of profit, revenue, business, goodwill or data) arising out of or in connection with the Services or website.
15.3 Where applicable law restricts our ability to exclude liability (e.g., the Unfair Contract Terms Act 1977), our exclusions shall apply only to the extent permitted.
15.4 Without prejudice to the above, our total liability to you shall not exceed £100.
15.5 Nothing in these Terms shall exclude liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

16. Insurance

You acknowledge that we may hold insurance for the Services but any insurance may not cover you, your property or artworks. You are responsible for ensuring adequate insurance is in place for your own risks, including loss, damage or theft. We shall not be liable for loss or damage of artworks during handling, transportation, or storage (unless we are negligent and this leads to direct damage).

17. Confidentiality & Data Protection

17.1 We may process personal data in accordance with data protection laws (including GDPR) as controller or processor. We will implement appropriate technical and organisational measures to safeguard any personal data.
17.2 We each undertake to keep confidential any confidential information of the other party, unless (a) already public, (b) required to be disclosed by law, or (c) disclosed with necessary agents or subcontractors for the purpose of performing these Terms.

18. Notices

18.1 Any notice under these Terms must be in writing, in English, and sent to the email address you/you have used to correspond or to our email address specified in our booking documentation.
18.2 A notice by email is deemed given 24 hours after it is sent unless a reply is received earlier.

19. General

19.1 These Terms are governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
19.2 Any clause which is by its nature intended to survive termination will survive.
19.3 We may subcontract any of the Services, provided any subcontractor has no greater liability than we do under these Terms.
19.4 No third party may enforce any of these Terms under the Contracts (Rights of Third Parties) Act 1999.
19.5 No waiver of any right shall be effective unless in writing and signed by the party granting it.
19.6 If any term is held to be invalid, illegal or unenforceable, that term shall be severed and the remainder of the Terms shall continue in full force.
19.7 Where two or more persons are parties to these Terms they shall be jointly and severally liable.
19.8 You may not assign, novate or transfer any of your rights or obligations under these Terms without our prior written consent.
19.9 These Terms constitute the entire agreement between us and supersede any prior agreements, understandings or representations.

20. Definitions

In these Terms:

  • “Third Party Terms” means terms and conditions of any third party goods or services used in providing the Services.

  • “Change in Scope” means any change to the Services requested by you that requires additional labour, materials or hours than originally estimated.