TERMS AND CONDITIONS
Terms and Conditions for Buyers
The artist stated on the Invoice has confirmed to us that the Artwork is an original and authentic creation by them. The artist retains all copyright in the Artwork and no licence is granted to you as a result of your purchase.
Ownership of the Artwork will transfer to you upon receipt by Kittoe Contemporary of the total purchase price stated on the Invoice in full and cleared funds. Unless otherwise stipulated, the purchase price includes amounts for artist’s resale rights which will be paid to the artist by us if applicable. In the event that you fail to make payment of any agreed instalment, Kittoe Contemporary reserves the right to cancel your purchase and will in that case return to you any payment you have made, less any bank charges or fees incurred by us.
As soon as you have paid in full, you should arrange to collect the Artwork promptly from us, and in any event within 2 weeks. Kittoe Contemporary may be able to arrange delivery upon request at your expense (with costs payable in advance). Please note that any international shipments may be subject to additional costs, taxes, customs duties or fees arising from the export from the UK and/or the import into the destination country. You will be responsible for payment of all such costs and for obtaining any required export licences or other requisite documentation. In order that we may fulfil any agreed requests to arrange delivery, you consent to us providing any necessary personal details to shippers or couriers.
You will be responsible for insuring the Artwork from the moment of collection or delivery. If the Artwork has not been collected within 2 weeks of purchase, or within any other time frame agreed with you, you will be responsible for insuring the Artwork from the end of that time period.
If upon collection you believe that an Artwork is damaged, please notify us within 24 hours and provide photographs. We can discuss an appropriate course of action which may include repair or restoration of the Artwork or a refund amount, at our discretion. Please note that this applies only to damage to the Artwork itself and not to the frame or glass. Nevertheless, if the frame or glass is damaged, we can upon request make recommendations for arranging repair or replacement at your expense.
If you have purchased the Artwork for your personal use on the basis of online images only and are not completely satisfied with the Artwork upon collection or delivery, please notify us within 14 days of taking possession of the Artwork and we can arrange for a full refund of your purchase price, provided that the Artwork is returned to us promptly in the same condition.
Kittoe Contemporary strives to provide you with accurate information about the Artwork but is not liable for any errors or omissions, or for any inaccurate information or confirmation which has been provided by the artist.
Any implied warranties or guarantees are excluded to the extent permitted by law but in the event that Kittoe Contemporary bears any liability for issues arising from your purchase, such liability is capped at the purchase price for the Artwork, as stated on the Invoice. Nothing in these Terms and Conditions shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
The Invoice and these Terms and Conditions supersede any and all other and prior agreements between us in relation to your purchase.
Any dispute or claim arising out of or in connection with the Invoice or these Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction.
A person who is not party to this agreement cannot enforce or enjoy the benefit of any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.