Terms and conditions of sale: Harbour Lights Gallery
It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with us.
These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice. We confirm that we either own the Work or are authorised to sell it on behalf of the owner.
Statements about the work:
2.1 All statements by us as to the authenticity, description, date, age, provenance, title or condition of the Work constitute opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any responsibility or liability as a result of any changes in expert opinion which may take place subsequent to the sale.
2.2 We accept responsibility for the condition of the works while it is for sale and before the transaction, however we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.- Payment for purchase price:
3.1 You must pay us the full price for the work ( except in a situation in which a different price has been agreed by both parties) . Payments are accepted in the Gallery via card transaction, cash payment only available up to the amount of £500. VAT is included in our prices and delivery where stated. Bacs payments are accepted for remote purchases. - Anti-Money-Laundering
Under the terms of the anti-money laundering regulation effective from 10 January 2020 we are required to conduct customer due diligence (CDD) on all sales of works of art over €10,000 before the transaction is carried out. While therefore we may agree such a sale in principle, we will not be able to conclude (i.e. receive funds, give up possession or transfer title) it until we have received all the necessary CDD information from you and have been able to verify it as
required by the regulation.
4.1. We reserve the right to use a qualified company to conduct our AML CDD and to legally hold the date required by law for a period of 5 years.
5..Collection/Delivery of work
5.1 Once payment is received you may take your purchase away with you. If you are unable to take it straight away you have an option to;
5.1.1 collect at another date that is convenient for both yourself and the Gallery
5.1.2 we should deliver it to you; or
5.1.3 You should make your own arrangements for someone else to collect it for you.
5.2 While in the Gallery awaiting collection or delivery your purchase is still covered by our insurance for the whole period including the delivery journey if arranged by the Gallery.
- Passing of Ownership
6.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.
6.2 If you have possession of the Work before full payment has been made, you must:
6.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it;
6.2.2 in the case of a Work consisting of more than one item, keep those items together;
6.2.3 keep any identifying marks showing that we own the Work clearly displayed;
6.2.4 store the Work on your premises and at no cost to us, separately from other property;
6.2.5 at our request, and after we have given you reasonable notice, allow us or a third party acting on our behalf to have access to the Work in order to inspect it; and
6.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent.
6.3 The copyright of any artwork purchased is not included with the ‘Purchase’ and will remain the property of the artist unless separately agreed.
- Export
7.1 If the Work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, we will normally make appropriate arrangements for export and shipment and will make a reasonable additional 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 us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any other official body makes any claim 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 for VAT on the Work should it not be exported.
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 have to 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 licence and failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for it.
- 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 6 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 recovery and restoration of 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 administrative or other receiver).
8. 3 Where we notify you of the exercise of 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 your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).
- Limitation of our Liability
10.1 Any claim against us must be brought within a period of 5 years from the date of the invoice for the Work or, if we have been guilty of any fraud, deliberately concealed a relevant fact in relation to the Work within 6 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods.
9.2 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 breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause 10 limits or excludes our
liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.
- Copyright
The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us or the artist and such images and materials may only be used with our permission. We will have the right to use such images at 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. - Data
11.1 We ensure that your personal information is not shared with third parties in any form ( except in a case where required by law such as for qualifying transactions over 10,000 Euros where your details are securely stored for 5 years for AML purposes.)
11.2 You have the right at any time to unsubscribe from any form of contact that we are using to get in touch with you and there will also be an option available to do this at any time.
11.3 By giving us your email address you are consenting to receiving emails from us but as stated in 11.2 the option to remove yourself from our system will be available at all times.
Last updated: 13/08/24 by Kathryn Jenkins
