TERMS AND CONDITIONS OF SALE
- about us
1.1. We are Blond Contemporary Limited, a company registered in England and Wales under company registration number 09647787. Our registered office is at 3rd Floor 166 College Road, Harrow, Middlesex, United Kingdom, HA1 1BH.
1.2. We may assign sub-contract or encumber any of our rights or obligations under these Terms, in whole or in part.
1.3. If you have any questions about the Terms, please contact us by sending an email to firstname.lastname@example.org.
- purpose and effect
2.1. The Terms constitute the entire agreement and understanding as between you and us (the “Agreement”) in relation to the sale and purchase of the work(s) of art identified on the invoice issued by us to you in respect of such work (the “Work”) for the price stated on such invoice (being the agreed price for the sale of the Work to you) (the “Price”). To the fullest extent permitted by law, no other terms, whether express or implied, shall apply to the agreement between you and Blond Contemporary in relation to the sale of the Work.
2.2. No variation or amendment of the Terms shall be permitted unless such variation or amendment has been agreed in writing between Blond Contemporary and you.
2.3. All sales of Work by us are subject to the Terms. Your acceptance of these Terms may be demonstrated by:
(a) full or partial payment of the Price;
(b) your signature on the invoice;
(c) your signature on the delivery note; or
(d) any other words or conduct demonstrating your acceptance (for example by you accepting our offer to sell the Work to you, which offer shall in all cases be subject to these Terms).
2.4. With the exception of clause 2.5, no agreement to purchase a Work may be cancelled by you after having been made. You shall on demand indemnify and keep us indemnified in full against all loss, costs (including legal fees and court costs) and expenses incurred by us as a result of the Agreement being breached in any way in full or in part by you.
2.5. In the event Blond Contemporary sells the Work to you and the sale qualifies as a “distance sale” then you will be entitled to a 14-day cancellation period in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- statements about the work
3.1. Although we shall make all reasonable efforts to ensure the accuracy of any information about the Work where displayed online (including on our website, social media profile or other online presence maintained by Blond Contemporary) or in a physical exhibition or fair, we shall not be responsible if information made available by Blond Contemporary is not accurate, complete or current. Any material provided by Blond Contemporary is for general information only and should not be relied upon or used as the sole basis for purchasing the Work. You understand and accept that any reliance on such material is at your own risk.
3.2. While we will endeavour on request to explain the condition of the Work at the time of the sale and provide information in our possession about the condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.
- payment of purchase price
4.1. You must pay us the full invoice Price for the Work, together with delivery costs, any insurance costs (where applicable), any VAT and any amounts payable to us under clause 8 below, by bank transfer or such other methods as we agree, within 14 days of the date of the invoice (unless specified otherwise on the invoice or statement).
4.2. Payment is deemed received when we have cleared funds. Without prejudice to any other right or remedy we may have, we are entitled to charge interest on late payments (before as well as after judgment) at the rate of 2.5% per annum above Lloyds Bank plc base rate.
4.3. Payment may be made by credit card using Mastercard, Visa or American Express (AMEX). AMEX cards can be used without additional charge on any amount under £10,000. To cover the processing fees that American Express charges Blond Contemporary, a 3% surcharge will be added to the invoice total for all AMEX transactions exceeding £10,000.
4.4. You shall not be entitled to withhold payment of any amount payable to us by reason of any dispute or claim by you whether by way of set off, counterclaim or other deduction. In the event of non-payment or other breach, we shall be entitled to obtain and enforce judgment without determination of any claims by you.
4.5. We offer payment plans for purchasers whose preference is to pay the Price in a series of instalments. If you opt to purchase a Work by way of such a payment plan, the Work will be released and delivered to you only upon payment of the final instalment.
4.6. Blond Contemporary is partnered with Art Money, a company which provides interest-free loans to purchasers of art. Where you are purchasing an Artwork through Art Money, its terms and conditions apply (see https://www.artmoney.com/terms-of-use). For further information about Art Money please visit https://www.artmoney.com/uk.
4.7. Blond Contemporary adheres to the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing). This legislation requires all art dealers to verify client identity when transacting with artwork valued at or exceeding €10,000. We may at our sole discretion decline any payments for the Work resulting from our client identity verifications. We also generally reserve the right to refuse service to anyone for any reason at any time.
- commission payable by us to third parties
5.1. We reserve the right to pay a commission to any party who has assisted us with the sale of the Work to you or who has introduced you to us.
- delivery of the work and passing of risk
6.1. The Work will be delivered following receipt of the full Price by us in cleared funds.
6.2. We will deliver the Work to the address both parties have agreed in writing unless it is agreed in writing that you should collect it from us. You are responsible for all costs of delivery or collection unless we agree otherwise in writing.
6.3. You will be responsible for the Work, for the risk of damage to it or loss of it and also for insuring it, from the time and date agreed for its delivery and you agree that thereafter you will not hold us responsible for insuring the Work or for any loss or damage to the Work.
6.4. If requested by you, we shall arrange for third-party insurance in respect of the transportation of the work to you. However, whether or not such third-party insurance is purchased by you, we shall not be liable for any loss or damage that arises during the course of the transportation of the Work from us to you. For the avoidance of doubt, the costs of such third-party insurance shall be borne by you in addition to the cost of the Work.
6.5. If you fail to accept delivery of the Work at the agreed time we may charge you for the reasonable costs of storage, insurance and re-delivery and the liability for any subsequent damage to the Work shall immediately pass to you.
6.6. Dates quoted for delivery are approximate and we shall not be liable for delay. Time of delivery shall not be of the essence nor capable of being made of the essence. You will provide us with all necessary information and documentation to facilitate delivery.
- passing of ownership and resale
7.1. Full legal title to the Work will not pass to you until we have received in full and cleared funds all sums due in respect of the Work and any other amount owed by you to us and we are satisfied as to your identity and that of any third party payer.
7.2. A key mission of Blond Contemporary is to ensure that the market health of artists is protected. By purchasing a Work from Blond Contemporary, in support of Blond Contemporary’s mission, you agree that where an Artwork is a primary market sale (a “Primary Market Artwork”), you may not resale or otherwise transfer ownership of the Primary Market Artwork to a third party for a period of three (3) years from the invoicing date with the exception of clause 7.3 below or unless we agree otherwise. Should you wish to resell the Primary Market Artwork after such period of three (3) years has elapsed, Blond Contemporary shall hold a preferential acquisition right. We retain the right, at our sole discretion, to waive this acquisition right.
7.3. Where we agree in writing for you to sell the Primary Market Artwork to a third party in less than three (3) years from the invoicing date for a price that is greater than the Price (a “Subsequent Sale”), you will pay to Blond Contemporary a sum equal to 50% of the third party sale price received by you in the Subsequent Sale and the Price (the “Subsequent Sale Artist‘s Share”). Blond Contemporary retains the right, at its sole discretion, to waive its entitlement to the Subsequent Sale Artist’s Share.
7.4. You agree to notify Blond Contemporary of your intention to resell the Primary Market Artwork via email at email@example.com. Blond Contemporary shall have thirty (30) days to reply. If Blond Contemporary replies within the set term, both parties agree to enter into a thirty (30) day good faith negotiation to agree on a buyback price and a process for the transaction. Where a buyback price is not agreed, you acknowledge and agree that you shall continue to be bound by this clause 7 and the resale restrictions thereunder.
- export, charges and taxes
8.1. If the Work is to be exported from the United Kingdom, we will make appropriate arrangements for the export and shipment and may make a reasonable additional charge for doing so. Unless agreed otherwise in writing, the Agreement is not conditional upon the granting of any requisite export or import licence or permission, which both parties will use their best endeavours to obtain.
8.2. Each party will to the extent such obligation is applicable to that party in connection with the sale and/or export of the Work:
(a) 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 or import licensing authorities and any other relevant official bodies; and
(b) obtain all the relevant documents showing proof of export or import without delay.
8.3. You will reimburse to us any sum claimed if any relevant tax authority or 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 any relevant requirements for export and import.
8.4. When upon its sale to you the Work is intended for export, you will be charged for VAT on the Work should it not be exported.
8.5. You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or use tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
- limitation of our liability
9.1. We shall not accept any claim in relation to the sale of a Work to you which is brought after the expiry of the relevant statutory limitation period. We shall not be liable for any loss of profits, business, revenue (whether direct or indirect) or indirect, special or consequential loss or damage, if any, suffered by you in connection with buying the Work, howsoever arising, including negligence. Any liability to you for breach of our obligations whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause 9 limits or excludes our liability for:
(a) death or personal injury caused by our negligence or any of our agents; and/or
(b) fraud or fraudulent misrepresentation.
9.2 We give no warranties, representations or undertakings save where expressly set out in these Terms. All implied terms and warranties (whether statutory or otherwise) are, to the fullest extent legally possible, excluded.
10.1. The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work.
10.2. For the avoidance of doubt, this sale does not transfer or assign or licence any copyright or other intellectual property rights to you. During the period in which the Work is protected by copyright, the copyright remains with the artist (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 or perform any other act restricted by copyright. If such rights are sought, you should contact the copyright owner
Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and sent by email to the email address firstname.lastname@example.org or by post to our address as indicated on the invoice for the Work and shall be deemed delivered on the next business day if delivery by email or, if posted, on the third business day after posting.
- events beyond our control
We shall not be liable for any breach of the agreement due to causes or events outside our reasonable control, including, but not limited to, strikes, lockouts or other industrial disputes, war, terrorism or due to acts of God (such as, but not limited to, floods, fires, explosions or accidents, earthquakes, droughts, hurricanes, epidemics or pandemics).
The benefit of this Agreement and the rights hereunder shall not be assignable by you and any attempt to assign your obligations shall be null and void. None of our obligations under this Agreement are transferable to subsequent purchasers or other future possessors of the Work. We may sub-contract or assign our obligation.
- unfair contract terms act 1977
In the case of a consumer contract within the meaning of the Unfair Contract Terms Act 1977, these conditions shall not apply to the extent that they would be rendered void or unenforceable by virtue of the provisions thereof.
- rights of third parties
Neither party intends for the Terms to be enforceable by a third party pursuant to the Contracts (“Rights of Third Parties”) Act 1999. No one other than a party to these Terms has any rights or remedies arising from these Terms.
17.1. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Blond Contemporary website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
- entire agreement
18.1. These Terms and any documents referred to within them together constitute the entire agreement between us and supersede all previous agreements, understandings and arrangements between us, whether in writing or oral, in respect of their subject matter.
18.2. You acknowledge and agree that you have agreed to these Terms and any documents referred to within them and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms. You shall not have any claim for innocent or negligent misrepresentation on the basis of any statement in these Terms and any documents referred to within them.
No failure, delay or omission by us in exercising any right, power or remedy provided by law or under these Terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy. No single or partial exercise of any right, power or remedy provided by law or under these Terms shall prevent any future exercise of it or the exercise of any other right, power or remedy.
20.1. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.
20.2. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.
21.1. We will try to resolve any disputes between you and us in relation to the Work quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the bottom of this page.
21.2. If a dispute between us cannot be resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (“ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court.
- law and jurisdiction
These Terms and any non-contractual obligations arising from or in connection with them and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Both parties irrevocably agree that the courts of England shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claim).