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Terms and conditions preamble
The listings on these pages feature original art work spanning approximately the period 1860-1960, i.e. the times of the early Impressionists to the late Modern Masters. The majority concerns paintings but at times there are some drawings and once in awhile unique graphic work, i.e. mono-types or single prints, and even sculpture.
These conditions, as well as relevant offers, have been on-line for more than a decade now, framing during the years hundreds of transactions and providing our fellow collectors with clear and concise reference to the formal side of our dealings. By acquiring an item presented on this site you confirm your full and unconditional acceptance.
CONDITIONS OF SALE
- The seller herein is the site owner, acting in this as a private individual, a collector managing his own art collection;
- The buyer is the Internet user that is purchasing or has purchased/swapped a work introduced or presented to him by or through this site. The buyer confirms having read, understood and accepted these conditions prior to his commitment.
1. Provenance and authenticity
The seller guarantees that all works listed are original; the seller does not trade in copies, reproductions or facsimiles of any kind. Sold items are accompanied by an official and detailed invoice and a personalised seller's certificate confirming the item’s provenance, attribution and characteristics, such as its age and the materials and techniques used.
The seller is much concerned about trading ethics and about ensuring that all sales are in line with common standards for transactions involving valuable collectables. He adheres to the codes of conduct as recommended by all relevant professional bodies, as these are universally accepted and put into practice, off-line as well as on-line, by the international trading community; in particular in regard to the correct use of terms such as "copy", "reproduction" and "replica", expressions such as "style of", "manner of", "school of", "after" and "attributed to", and of descriptions such as genuine and authentic. The seller is firmly against deceptive practices including, but not limited to, false or misleading claims regarding an item’s authenticity, scarcity, value, provenance, history, condition or investment potential. In his on-line presentations he gives great importance to the publication of numerous and detailed high-resolution images to facilitate appreciation and avoid error and misunderstanding. His offers do not imply anything else than what is explicitly written, present and shown in each listing or presentation or literally stated in an accompanying document. Notwithstanding compelling evidence as to style, brushwork, technique, materials and subject matter, offers may yet want for submission to appropriate market authorities. Lack of such submission can be due to provenance issues and seeming deficiencies in readily available records and consultable iconography. Such obstacles will naturally keep a submission in suspense as proceeding without consistent documentation is altogether futile, if not outright hazardous. In such cases submissions have been knowingly and precautionarily deferred to forestall precipitous and possibly erroneous judgement that could bring prejudice to a work’s integrity. In these cases prior document research and archival inquiry are fundamentally needed. Such research is not within the seller's means, the required access and the necessary logistics being beyond his reach. Consequently, if not expressly mentioned in the listing or description, such confirmative research has not been carried out. In the light of the aforesaid and as a general rule and imperative requisite for the release of liability, but also with due reference to what is set out further below regarding the equivocal permanency of expert competence, recognition and accountability, all works traded under these conditions are judiciously sold as simply attributable. If this is a concern, potential buyers are encouraged to seek appropriate advice and to put any eventual concerns to the seller in writing, who will reply promptly and honestly.
a) Hand delivery
Works are offered for inspection, possible purchase/swap and immediate delivery during a personal encounter.
Although not a preferred form of delivery, shipping is possible and deals can be closed on-line.
IN CASE OF SHIPPING:
Except when otherwise agreed or when stated in the terms of the specific sale, international tracked and insured standard shipping is included in the price. Express shipping or courier forwarding can be had against compensation.
Delays in delivery, accepting delivery:
The buyer understands that there can be delays in the shipping process due to traffic flow congestion, occasional contractor deficiency or unexpected holds in outbound or inbound Customs. These are force majeure issues and the seller cannot be held accountable for such delays. It is of greatest importance that the buyer ascertains the integrity of the parcel upon receipt. Any visible exterior damage should be the subject of a written report and photographic evidence before acceptance. If the item turns out to have been damaged during transport, failure to flag visible damage to the parcel could obstruct gain of cause in a posterior damage claim against the carrier and thereby jeopardize the buyer's own cover according to the insurance paragraph below.
Items are safely wrapped in air-cushioned filler material and packed in a customized box made out of rigid high-quality foam board; the exterior is covered with kraft paper and the word “fragile” is clearly displayed. The cost of the packing and the packing materials is a constituent part of the shipping cost.
Paperwork under separate cover:
For destinations outside the EU, the accompanying documentation referred to in the first paragraph under 1 above is sent separately from the item and by standard mail.
The buyer declares that he is aware that he might be obliged to disclose personal information to the customs authorities of his country. When an item is shipped to a non-EU country a customs declaration is mandatory. In the accompanying paperwork the transaction will be termed "private sale" and, where applicable, reference will be made to the exemption that original art objects profit from in regard to excise and duties. Sold items will be declared for "personal use"; in no circumstances will the term "gift" be applied to the transaction. As a result of the relativity and constant fluctuation in the monetary evaluation of art objects, and due to the cumbersome nature of EU export regulations, which require, among many other things, a mandatory export licence for every art object whose potential market value is considered greater than a certain fixed figure, sold items to be sent outside the EU will be assigned a pro forma token value in all paperwork accompanying the transit. This in no way affects the seller’s liability, assumed hereunder, to cover the full sales price in case of damage or loss. All duties, excise duties and costs, fees or fines of all kinds that may be due on or incurred by the importation of a bought item are for the account of the buyer/importer.
All items are covered by the seller against damage or loss during transport for a value corresponding to the price paid by the buyer, exclusive of costs.
Except when otherwise agreed or stated in the terms of the specific sale, transactions are settled by:
Bank-to-bank money wire or Electronic Funds Transfer (also known as SWIFT or IBAN money transfer): In case of shipping, bank details will be be provided by the seller by means of a provisional invoice in pdf format, containing all relevant data needed to execute the transfer.
No sale is closed until full settlement.
4. Retractions - Returns
In case of a deal closed on-line with subsequent shipping:
3-day retraction period :
All sales are final and do not entail a principal right of withdrawal or a right to a withdrawal period. However, the seller accepts the most fundamental of on-line buyer protection measures and will accept an item back within three (3) days of its receipt by the buyer, or his representative, if the item is not materially consistent with the description made in the listing/presentation and the transaction not in compliance with these sales conditions; this is nevertheless conditional upon that the item effectively has been bought on the Internet and has had no prior inspection in the hands of the buyer. The buyer’s motivated request to go back on the agreement and return the item must be notified in writing to the seller within 72 hours of receipt. To prevent abuse, this time limit is strictly applied and in most instances decided by the day and hour of actual receipt, as recorded by the carrier. The seller responds to the return request within a reasonable delay. The return shipping costs for accepted returns must always be paid by the buyer and the return should be effectuated with a shipping option equal in speed and safety to the initial shipping and if possible, the item should be re-wrapped in the original packing. The seller’s final acceptance of returns under this paragraph, and his subsequent refund of the sales price (possibly exclusive of the initial shipping cost and/or the return cost, or with the initial shipping cost deducted if the sale was all inclusive, and possibly exclusive of all eventually incurred inbound customs costs) are subject to the safe return of the item in an impeccable and unchanged condition.
Retractions beyond the 3-day period/Seller's waiver :
Returns outside or beyond the stipulated three-day time-frame are possible but at the seller’s sole discretion. If the item has been shipped the seller is likely to require compensation for the outbound shipping costs and the eventual inbound return customs costs if he accepts such returns. It is incumbent upon the buyer to understand that the seller is a private collector, and not a designated expert for the sold artist; nor someone formally recognized by the art market, in international art circles or by art institutions, to authenticate works by any specific artists. As a mere collector, the seller is in no position to warrant that signed works, or works that appear to be typical of a certain artist, have genuinely been executed by the apparent signatory, or that they are, on stylistic or other grounds, by the presumed author. As a private individual, the seller lacks naturally the formal capacity conclusively to formulate, certify, guarantee or make any such claim. Such statements, certificates, guarantees and claims can only properly be made, issued, given or put forward by the artist himself; or after his decease, by the specific authority designated for the artist by the international art community acting in concert; or by the specific person entrusted to do so by the heirs of the artist; or by the heirs themselves. In all of these cases, such affirmations by the said person or authority, regardless of them being just, erroneous, changing, likely or dubious, are under his/her/their sole responsibility and frequently under particular prerogative and market monopoly. As a consequence, the seller can in no way be held responsible for eventual shortcomings in any third-party expert certificate accompanying a sold work and such shortcomings can be no grounds for retraction. For these same reasons, and further to what is stated under paragraph one above, the seller’s offers are always presented and his items are always sold “as is”, without claim or guarantee as to authorship. The written commentary and the views expressed by the seller in his listings and presentations are all relative and the descriptive and comparative images used are not to be interpreted as persuasive, argumentative or authoritative; they serve only to help potential buyers form their own opinions and to assist them in their autonomous purchasing decisions; in no circumstances do they create liability for the seller. Every listing/presentation and every auxiliary document established is made bona fide and with the best of intentions; they reflect the seller's ongoing concern for precise, truthful and unbiased information and his endeavour to deliver this information from a strictly neutral standpoint. Potential buyers are always advised to judge for themselves and to do their own research; or if unable to do so or in doubt, to consult authoritative sources. No returns can be requested or accepted on grounds pertaining to authorship. Purchasing the seller’s items implies that the buyer has fully understood and accepted the present waiver.
5. Deferred payment
If the buyer does not have sufficient funds at the time of the transaction, payment of part of the price can be deferred once the sale has been concluded, and this without charge to the buyer. The deferred payment option is dependent on at least 50% of the agreed price being paid as down payment immediately after the sale agreement is made. The remainder can be settled at the buyer’s convenience within the stipulated term. A deferred settlement is conditional upon a formal request being made by the buyer and upon the seller giving his WRITTEN PRIOR APPROVAL. Sold items will remain the seller’s property until full settlement of the agreed price and will only be dispatched after settlement has been made in full. Failing to settle the balance due within the stipulated term, or according to the terms of an auxiliary agreement, will transform any part-payment already made into damages to be retained by the seller.
If you have questions, get in touch!
"When trust improves, the mood improves"
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