General Terms of Sale 

  

(a) All goods and services supplied by Atelier Art Advisory to you will be paid by you in British Sterling Pounds 

(b) Any discounts or allowances extended are no longer valid if payment is received outside terms of payment as per the Order Confirmation or if there are material revisions which require a recalculation of costings 

(c) The cost of goods does not include delivery charges unless otherwise agreed by Atelier Art Advisory 

(d) Atelier Art Advisory is not responsible for the payment of any import or customs duties that may be payable on any goods ordered unless otherwise agreed in advance by Atelier Art Advisory 

(e) Atelier Art Advisory guarantees the authenticity of all works and can provide a Certificate of Authenticity if one is requested or desired, just ask 

  

1.  STATUS OF THESE TERMS 

1.1 These terms and conditions shall govern and comprise all the terms of agreement (to the exclusion of any other terms and representations communicated to or by you including the buyer's own conditions) between you as buyer and us as seller, in relation to the sale of the item(s) ("the Work") referred to in the invoice. 

  

1.2 No variation, modification, or amendment to these terms and conditions shall be binding unless agreed in writing and signed by an authorised representative of both you as the buyer and us as seller. 

  

2. STATEMENTS AND REPRESENTATIONS  

2.1 We confirm that we either own the Works or are authorised to sell it on behalf of the owner. 

  

2.2 All statements by us as to the description, age, date, provenance, attribution, authenticity, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate to exclude any liability on our part for misrepresentation). Whilst all such statements are honestly given, we do not however underwrite or warrant such statements as facts.  We do not accept any liability as result of any changes in expert opinion which may take place after the sale. 

  

2.3 We will provide any information in our possession about condition at the time of the sale reasonably requested by you.  The condition of the work after the sale will be your responsibility. 

  

2.4 The Work is available for inspection prior to sale, and you are free to examine the work or have it examined on your behalf before the sale. In the circumstances you are fully at liberty to and are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 2.2 and 2.3 above. 

  

3. PAYMENT FOR THE WORK 

3.1 After deducting any deposit or advance than you may have already paid, you must pay to us the full price for the Work, together with any delivery costs, any VAT and any amounts payable to us under clause 7 below by bank transfer or such other methods as we agree, on the date or the invoice (unless stated otherwise on the invoice) such date of payment being 'the due date'.  If we agree with you that the sale shall be dependent upon the issue of an export license, you must make payment within 7 days after the issue of the export license.  In either case, payment shall not be treated as made until we have received cleared funds representing the full amount. 

  

3.2 If you fail to make payment in full when due, we shall charge you interest on the amount unpaid 

(i) at the rate set forth in the Late Payment of Commercial Debts (Interest) Act of 1998 if the Act applies or 

(ii) where the Act does not apply, at the rate of 2% per annum above Barclay's Bank base rate from the date when payment was due until payment is made in full. 

  

3.3 All amounts due under this agreement shall be paid by you to us in full without any set-off, counterclaim, deduction or withholding (other than any deduction as required by law). 

  

3.4 Any liability for the payment of Artist's Resale Rights rests with the buyer, this responsibility is deemed to be accepted by the buyer upon payment of the invoice. 

  

4. DELIVERY AND TRANSFER OF RISK 

4.1 You must collect the Work from our premises at the date and time advised by us to you after payment, unless we agree with you alternative arrangements for collection/delivery in writing. 

4.2 In all cases, you will be responsible for the Work, for the risk of damage to it or loss of it and also for insuring it, from the time and date appointed by us alternatively as agreed with you for its collection/delivery including if damage or loss is sustained during collection or transit. 

4.3 If you fail to collect the Work on the date and the time appointed by us, we reserve the right to charge you for the storage thereof. 

  

5. TRANSFER OF OWNERSHIP 

5.1 Legal title to the Work will not pass to you until we have received in full and cleared funds all sums due in respect of the Work and we are satisfied with your identity and that of any third party paying for the purchase of the work. 

  

5.2 If you have possession of the Work before full payment has been made, you must: 

  

5.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it; 

  

5.2.2 in the case of a Work consisting of more than one item, keep those items together; 

  

5.2.3 not remove, deface or obscure any identifying marks showing that we own the Work clearly displayed; 

  

5.2.4 store the Work at no cost to us on your premises separately from all other property held by you so that the Work remains identifiable as our property. 

  

5.2.5 at our request, and after we have given you a reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and 

with 

5.2.6 preserve the Work in the same state as it was on delivery and in particular, 

(i) not restore, repair, clean or reframe it without our written consent; 

(ii) take all reasonable steps to prevent any damage to it or deterioration of the Work; and 

(iii) keep the Work insured against all risks for its full purchase price from the date of delivery 

  

6. TIME 

Atelier Art Advisory confirm and agree that every reasonable effort will be made to adhere to time periods with regard to delivery, framing, etc but in recognition of the fact that Joseph Fine Art cannot be responsible for the conduct of third parties engaged it is agreed that time shall not be of the essence in relation to delivery, framing, and other activities carried out by such third parties. 

  

7. EXPORT 

7.1 If the Work is to be exported from the United Kingdom, we will normally make appropriate arrangements for export and shipment and may make a reasonable charge for doing so. 

  

7.2 if, contrary to our normal practice, we allow you to make arrangements for export of the Work, you must: 

  

7.2.1 comply with all requirements of any relevant tax authorities (that is, any authority imposing administrating or collecting any tax, duty, or levy including HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; 

  

7.2.2 provide us with all the relevant documents showing proof of export without delay and in any event within 7 days from the date of shipment; and 

  

7.2.3 reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any other official body makes against us for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import. 

  

7.3 When on its sale to you the Work is intended for export, you will be charged VAT on the Work should it not be exported and otherwise as applicable. 

  

7.4 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that must be paid in the country of destination whether on shipment or on import or at any other time. 

  

7.5 Unless otherwise agreed in writing, the sale of the work is not dependent on either us or you obtaining an export license and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or delay payment for it. 

  

 8. BREACH BY THE BUYER 

8.1  If you fail to pay the purchase price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the purchase price in full you fail to comply with the obligations set out in clauses 5 and 7 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either: 

  

8.1.1 terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; or 

  

8.1.2 at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the purchase price you have paid, after deduction of any sums due to us including but not limited to costs of restoration to the Work. 

  

8.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrator or other receiver) or if you die or if by reason of illness or incapacity you are incapable of managing your own affairs or become a patient under any mental health legislation. 

  

8.3 Where we notify you of the exercise f our right to repossession, you will within 7 days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at our cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items). 

  

8.4 No failure or delay by a party to exercise any right or remedy provided under this agreement pr by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

  

8.5 The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remediates provided by law. 

  

9. LIMITATION OF OUR LIABILITY 

We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work.  Any liability to you for the breach of obligations whether in contract, tort or otherwise, shall be limited to the price paid for the work. 

  

10. RESCISSION 

Where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work we will have the right, but not the obligation, to rescind a sale without notice to you.  Upon notice of our election to rescind the sale, you will promptly return the Work to us.  We will then refund the price and any amount paid to us that represents a royalty due to the Work's author upon the resale of the Work ("Resale Royalty").  The refund of the price and any Resale Royalty will constitute your sole remedy and recourse against us with respect to such claims. 

  

11. COPYRIGHT 

The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission.  We will have the right to use such images in our own discretion after the sale of the Work.  During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication.  If such rights are sought, you should contact the copyright owner. 

  

12. For the avoidance of doubt Atelier Art Advisory have no obligation to repurchase the Work from you at any time. 

  

13. NOTICES 

Any notices or other communication to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as notified to us by you as the case may be.  The provisions of this clause shall not apply to the service any proceedings or document in any legislation. 

  

14. LAW AND JURISDICTION 

14.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law. 

  

14.2 Each party irrevocably agrees, for the sole benefit of Atelier Art Advisory, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).  Nothing in this clause shall limit the right of Atelier Art Advisory to take proceedings against the buyer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdictions. 

  

15.1 Notwithstanding clause 14.2 above, either party may, by giving written notice to the other, elect to have any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single arbitrator in London to be resolved in accordance with the Arbitration Act of 1996.  The seat of such arbitration will be London and the language to be used in the proceedings will be English.  In the event the parties cannot agree upon an arbitrator either party may apply to the President of the Law Society of England and Wales for the time being to appoint as arbitrator a Queen's Counsel of not less than 5 years standing.  The decision of the arbitrator shall be final and binding. 

  

Save that the parties acknowledge each other's right to seek, and the power of the High Court to grant, interim relief, no court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award. 

  

16. ENTIRE AGREEMENT 

These terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 

  

17. SEVERABILITY 

If any provision in these terms shall be founded by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect. 

  

 RIGHT TO CANCEL (applies to an off-premises sale or distance sale as defined by law) 

  

You have the right to cancel your order within 14 days without giving any reason. 

  

The cancellation period will expire after 14 days from the day on which you acquire, or a third part other than the carrier and indicated by you acquires, physical possession of the goods/of the last good (i.e. if more than one and delivered separately). 

  

To exercise the right to cancel, you must inform Atelier Art Advisory on email info@atelieradvisory.art of your decision to cancel this contract by a clear statement.  

  

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

  

Effects of Cancellation 

  

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). 

  

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. 

  

We will make the reimbursement without undue delay, and not later than - 

  

(a)   14 days after the day we receive back from you any goods supplied, or 

(b)   (if earlier) 14 days after the day you provide evidence that you have returned the goods, or 

(c)   if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract 

  

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.   We reserve the right to withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest. 

  

Collection/return of the goods 

  

You will have to bear the direct cost of returning the goods to us and you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us.  The deadline is met if you send back the goods before the period of 14 days has expired.