Visions Art - Terms and Conditions of Sale
It is important that you read and understand these terms and conditions before proceeding with this action/transaction. If there are terms that you do not understand or do not wish to agree to, please discuss them with a representative of Visions Art.
Only proceed with this action/transaction if you wish to be bound by the Terms and Conditions set out below.
1. Purpose and Effect
1.1. These terms and conditions set out all the terms of the agreement other than the price between you as Buyer and us, Visions Art, as Seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as "the work". We confirm that we either own the work or are authorized to sell it on behalf of the owner.
1.2. If you wish to rely on any variation of, or addition to these Terms and Conditions, you must ensure that the variation or addition has been agreed upon in writing.
2. Statements about the Works
2.1. In the unlikely event that any item that you purchase from Visions Art is subsequently proven to be inauthentic, we will refund the full purchase price. These claims will be handled on a case-by-case basis; and, will require that examinable proof, which clearly demonstrates that the work is inauthentic, be provided by an established and acknowledged authority.
This Authentication Guarantee holds good for a period of 3 months from the date of purchase of the original artwork from Visions Art; and, provided that:
- Only the actual buyer makes the claim (the benefit of the claim is not assignable to any subsequent owners or others who may acquire or have an interest in any of the Artworks).
- The Artwork is returned in the same condition that it was in, at the time of purchase.
- The Artwork was indisputably purchased from Visions Art;, and,
- At the time of sale, there was a technique available, and it was not unreasonable or impractical to use such technique, which could have helped Visions Art determine that the item was authentic.
2.2. You are responsible for addressing and satisfying yourself to any statements made by us pertaining to the matters set out in paragraph 2.1.
3. Payment of Purchase Price
3.1. You must pay us the full price for the work, which includes delivery costs, taxes and any amounts payable to us – this would exclude any deposit or advance that you may already have paid – by bank transfer or such other methods as we agree upon.
3.2. If you fail to pay the purchase price for the work in full within 14 days after the due date, we may assert any of our legal rights, including but not limited to a claim for the purchase price. If you have already taken delivery of the work, we may at our discretion serve you with notice that would require you to return the work to us, in which case you must do so at your cost as soon as possible.
3.3 If we require the return of the work to us, we may at our discretion agree revised payment terms with you or we may elect to treat the sale as cancelled. In this case, we shall, following the 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 and interest due for late payment.
4. Collection of the Work and Passing of Risk
4.1 From the time and date agreed for the collection of the work from us, you will be responsible for the work and the risk of damage to it or loss of it will pass to you. You must therefore, make appropriate arrangements to insure the work from the time you agree to collect it.
5. Passing of Ownership
5.1 You will only become the owner of the work when the purchase price is paid in full. If you have possession of the work before full payment has been made, you must:
- Keep possession of it and insure it for not less than the purchase price, and not sell it or hand it over to any other person or dispose of any interest in it;
- In the case of a work consisting of more than one item, keep those items together;
- Keep any identifying marks showing that we own the work clearly displayed;
- Store the work on your premises and at no cost to us, separately from other works
- 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, preserve the work in the same state as it was on delivery. Do not restore, repair, clean, or reframe it.
6. Limitation of Our Liability
6.1 Any claim against us must be brought forward within 3 months from the date of the invoice for the purchased work or, if we have been guilty of any fraud or deliberately concealed a relevant fact in relation to the work.
6.2 The claim must be made within 3 months after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after the 3 month period.