CONDITIONS OF SALE
1. The Purchaser purchases the work(s) of art described in the checkout (the “Work” and the “checkout” respectively) for the purchase price stated at checkout (the “Purchase Price”)
2. The Purchaser acknowledges having inspected the Work (detailed images can be requested) and accepts it (and the frame, if any) in its existing condition and state of repair.
3. The Purchaser must pay the Purchase Price within seven days of the date of the Invoice or, where a deposit has been paid; the balance of the Purchase Price must be paid within fourteen (14) days of the date of the Invoice. For online purchases, full payment is taken at point of sale.
4. (a) Title to the Work remains with the Vendor until the Purchase Price is received by the Vendor. If the Vendor accepts a cheque as payment (which it is not bound to do), payment of the amount for which the cheque is written (“amount of the cheque”) is not received by the Vendor until the amount of the cheque is actually paid to the vendor or its bank. A credit card hold for the full List Price must be taken as security until the cheque has been processed.
(b) Payment by credit card may be accepted for purchase by arrangement and at the discretion of the Vendor. This applies to the following credit cards: Mastercard, Visa, Bankcard, American Express and Diners.
(c) Online payments are managed and guaranteed by PayPal. The gallery is not responsible for any issues arising out of PayPal disputes.
(d) If the work has been returned to the vendor, it must be in the same condition as when taken, otherwise cost of replacement / repair will be at the expense of the Purchaser.
(e) The Vendor does not accept returns or exchanges for change of mind. All Sales are final.
5. The Vendor does not waive condition 4 by permitting the Purchaser to have possession of the Work, in which event:
(a) The Purchaser is the bailee of the Work and must redeliver the Work to the Vendor on demand made at any time prior to the payment of the Purchase Price; and
(b) The Work is at the risk of the Purchaser who must immediately insure the Work with a reputable insurer for not less than the Purchase Price, covering the interest of the Vendor as unpaid Vendor.
6. If the Purchaser does not pay the Purchase Price strictly in accordance with the Gallery payment terms, the Vendor, immediately on the Purchaser’s default, without allowing any further time for payment and without any prior notice, may terminate the agreement constituted by the Invoice and these Conditions of Sale (the “Agreement”), forfeit all payments and resell the Work and recover any loss in respect of that resale from the Purchaser.
7. The Agreement is the entire agreement between the Vendor and the Purchaser in respect of the sale and purchase of the Work. The only enforceable obligations and liabilities of the parties in relation to the sale and purchase of the Work are those that arise out of the provisions contained in the Agreement.
All representations, communications and any prior agreement in relation to the sale and purchase of the Work are merged in and superseded by the Agreement.
8. The Agreement may only be amended or supplemented in writing, signed by the parties.
9. Opening night exhibition policy for purchasing works: The purchaser must pay for all purchases on opening night in full. The title of the Work will remain with the Vendor for the period of the Exhibition. Condition 4, shown above, also holds true in this instance.
10. If Purchaser wishes to have their painting picked up or delivered, delivery charges will apply from the point of pick up to the destination. Any balance owing must be paid before delivery of Work.
11. Copyright exists in all the Works and at all times remains with the artist and Vendor.
12. The Gallery will allow up to 14 days courtesy storage from the date of purchase. If the purchaser does not pick up all purchasers by the end of the 14-day period, storage will incur a daily storage fee of $5 per day for every day stored henceforth unless otherwise agreed in writing. Purchases will not be released to the purchaser until storage fees have been paid in full.