These Terms will apply to any contract between us for the sale of Artworks and of any other goods and services to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Artworks or any other goods or services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Artworks or any other goods or services from our site, art fairs and any other event.
We may amend these Terms from time to time as set out in clause 8. Every time you wish to order Artworks, please check these Terms to ensure you understand the current terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.arteglobale.com. We are Arte Globale Limited, a company registered in England and Wales under company number 9134959, and have our registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.
1.2 The easiest way to contact us is by e-mail to email@example.com or by telephone on +44 (0)203 757 6391.
2. The Artworks
2.1 We confirm that we either own the Artworks which we sell or that, to the best of our knowledge and belief, we are duly authorised to sell them on behalf of the owner.
2.2 Any statements that we make about the authenticity, attribution, description, date, age, provenance, title, value or condition of the Artworks constitute a judgment and opinion genuinely held but may not be relied upon by you as representation of facts and they are not warranted. We shall not be liable as a result of any changes in expert opinion or scholarship which may occur after the date of the Contract and which may affect the factors identified above. Artists' particulars are provided by the artists themselves and we will not be liable for any inaccuracies or errors in these details. Your statutory rights to cancel our Contract in accordance with clause 9 shall remain unaffected.
2.3 The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colours of the Artworks. The Artwork that you purchase may therefore vary from those images.
3. Use of our site. Your use of our site is governed by our Terms of Website Use . Please take the time to read these, as they include important terms which apply to you.
5. If you are a consumer. This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Artworks or any other goods or services from our site if you are at least 18 years old.
6. If you are a business customer. This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority contractually and legally to bind any business on whose behalf you use our site to purchase Artworks or any other goods or services.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into a Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in our Contract.
7. How the contract is formed
7.1 Our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process and before placing an order.
7.2 After you place an order, we will send an e-mail to the e-mail address provided by you, acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance of your order to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we have sent you our Order Confirmation. Acceptance of any order shall be at our sole discretion and we shall not be under any obligation to accept your order. If we do not accept your order, we will refund you the full amount of your payment including any delivery costs immediately.
7.4 If we are unable to supply you with an Artwork, for example, because that Artwork is no longer available, we will inform you of this by e-mail and we will not process your order. We will refund you the full amount of payment including any delivery costs charged immediately.
7.5 We will send you a further e-mail when the Artwork has been packed and dispatched and provide you with a tracking or reference number. At the same time, we will provide you with an estimated date of delivery of the Artwork.
8. Our right to vary these Terms
8.1 We may amend these Terms from time to time without notice to you. Every time you order Artworks or any other goods or services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.2 In addition, we may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable notice of the changes and let you know how to cancel our Contract if you are not happy with the changes. If you opt to cancel, you will have to make available for collection (at our cost) the Artwork if you have already received it and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund. This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork during the relevant period, you can notify us of your decision to cancel our Contract and receive a refund. However, this cancellation right does not apply in the case of Artworks commissioned on your behalf or modified according to your specifications, prints, photographic prints and framed artworks.
9.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling our Contract is the end of 14 days after the day on which you received the Artwork, unless you have ordered multiple Artworks as part of the same order which are delivered on different days, in which case the deadline is 14 days after the day on which you receive the last of the Artworks.
9.3 To cancel our Contract, you need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form ( please see link at the bottom of this page) on our website. If you use this method we will e-mail you to confirm that we have received your cancellation. Alternatively you may use a copy of the form which is set out at the end of these Terms.You can also telephone us at +44 (0)203 757 6391 or e-mail us at firstname.lastname@example.org. Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
9.4 If an Artwork has been delivered to you before you decide to cancel our Contract:
(a) then you must e-mail us at email@example.com within 14 days of receiving the Artwork to inform us that you wish to return it. We will arrange for collection of the Artwork at the address to which the Artwork was delivered and agree with you a date of collection, which must be within 14 days after the day on which you let us know that you wish to cancel our Contract;
(b) you will be responsible for the cost of us collecting the Artwork unless one of the following applies:
(i) the Artwork is faulty or not as described (in this case, see clause 9.6);
(ii) you are ending our Contract because we have told you of an upcoming change to these Terms or an error in pricing or description of the Artwork;
(iii) there is a delay in delivery due to an Event Outside Our Control (in this case, see clause 18.4); or
(iv) you have a legal right to end our Contract as a result of something we have done wrong,.
We will charge you the direct cost to us of collection, which will not exceed the cost of delivery. We will contact you to confirm the cost of collection and deduct that amount from the refund otherwise due to you.
9.5 If you cancel our Contract we will:
(a) refund you the price you paid for the Artwork provided it is undamaged and in the same condition as at the time of sale. Please note that we will not refund any delivery costs you have paid, unless one of the circumstances at clause 9.4(b)(i) to 9.4(b)(iv) applies. We are also permitted by law to reduce your refund to reflect the costs of repair or restoration of any Artworks which are received back by us damaged. If we refund you the price paid before we are able to inspect the Artwork and later discover that it has been damaged, you must pay us an appropriate amount.
(b) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Artwork: 14 days after the day on which our Shipping Company has confirmed collection of the Artwork.
(ii) if you have not yet received the Artwork: 14 days after you inform us of your decision to cancel our Contract.
9.6 If you request collection of the Artwork by us under this clause 9 because it is faulty or mis-described, we will refund the price of the Artwork in full, together with any applicable delivery charges.
9.7 We will refund you on the credit card or debit card used by you to pay.
9.8 Because you are a consumer, we are under a legal duty to supply you with Artworks that are in conformity with our Contract. As a consumer, you have legal rights in relation to Artworks that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms.
10.1 We will deliver the Artworks to the location stated in the order. We will take reasonable steps to pack the Artworks safely and arrange shipping only through a reputable specialist art shipping company (Shipping Company). You will be asked to sign for the Artworks on delivery. In the unlikely event that the Artworks are damaged on delivery, you must note details of any such damage on the Shipping Company's delivery document at the time of receipt of the Artworks and notify us of the damage within 3 days of delivery, providing full details, so as to enable us to make enquiries with the Shipping Company and, where applicable, make an insurance claim.
10.2 Artworks supplied within the United Kingdom will normally be delivered within 14 days of our acceptance of your order by sending you an Order Confirmation. Artworks supplied outside the United Kingdom will normally be delivered within 28 days of the Order Confirmation.
10.3 If no one is available at your address to take delivery, the Shipping Company will contact you to arrange re-delivery or leave you a note that the Artworks are being held by the Shipping Company for re-delivery, in which case, please contact us or the Shipping Company to rearrange re-delivery. Please note clauses 10.7 and 10.8 in this regard.
10.4 Delivery of an Order shall be completed when we deliver the Artworks to the address you gave us and the risk of damage to and loss of the Artworks will pass to you at that time.
10.5 You own the Artworks once we have received payment in full, including all applicable packaging, insurance and delivery charges; until that time we retain title in the Artworks.
10.6 Any dates quoted for delivery are approximate only, and the time of delivery shall not be of the essence. We shall not be liable for any losses, costs, damages or expenses incurred by you or any third party directly or indirectly out of or in connection with any delay in delivery of the Artworks that is caused by an Event Outside Our Control or by your failure to provide us with adequate delivery instructions, or failure to make all arrangements necessary to take delivery of the Artworks whenever the Shipping Company attempts to deliver them. If we fail to deliver the Artworks, our liability shall be limited to the price of the Artworks and any other costs and charges invoiced to you in connection with our Contract.
10.7 If you fail to take or accept delivery of the Artworks on the first delivery attempt, and either do not make arrangements for re-delivery or, after agreeing a re-delivery date, fail to accept delivery of the Artworks on that date , then, except where such failure or delay is caused by our failure to comply with our obligations under our Contract:
(a) delivery of the Artworks shall be deemed to have been completed at 9.00 am on the third Business Day after the date on which the Shipping Company attempted re-delivery;
(b) we shall store the Artworks until delivery takes place, and charge you for all related costs and expenses (including insurance and the cost of any further delivery attempts); and
(c) we shall have no liability for late delivery.
In any event, we shall not be required to undertake more than one re-delivery attempt.
10.8 If within 20 Business Days after the Delivery Date, you have still not taken delivery of the Artworks, without prejudice to any other rights and remedies which we may have, we may at our sole discretion:
(a) cancel our Contract; or
(b) resell or otherwise dispose of all or part of the Artworks and, after deducting reasonable storage and selling costs, account to you for any excess over the price of the Artworks or charge you for any shortfall below the price of the Artworks.The following clauses 10.9, 10.10 and 10.11 only apply if you are a consumer.
10.9 If we are unable to deliver the Artwork within 30 days of our Order Confirmation, then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Artwork;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.10 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.9, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.11 If you do choose to cancel your order for late delivery under clause 10.9 or clause 10.10, you can do so for just some of the Artworks or all of them, unless they were sold as parts of the same lot or splitting them up would significantly reduce their value. If the Artworks have been delivered to you, you will have to allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Artworks and their delivery. If an Artwork that is made available to us for collection is damaged, we reserve our right to adjust the refund due to you to reflect the costs of repair or restoration of the Artwork. Clause 9.5(a) will apply in this case.
11. International delivery
We deliver to the countries listed on this page
11.2 If you order Artworks from our site for delivery to one of the International Delivery Destinations, your order may be subject to import and export duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3 You will be responsible for payment of any such import and export duties and taxes.
11.4 You must comply with all applicable laws and regulations of the country for which the Artworks are destined and you will be solely responsible for obtaining any necessary permits and authorisations and for complying with any applicable laws, regulations and procedures. We will not be liable or responsible if you break any such laws or regulations.
11.5 You warrant to us that you will comply with all applicable requirements of HM Customs and Excise, and export licensing authorities, and any other competent government and official bodies whether of the United Kingdom or any other country. You shall provide us on request with all relevant documents showing compliance with such requirements.
11.6 We make no representations or warranties as to whether the Artworks may be subject to any export or import restrictions in any country and the denial of any permit or licence shall not justify cancellation or rescission of our Contract.
11.7 You will indemnify and hold us harmless in respect of any sums claimed by any government or official body in respect of taxes, duties, costs, expenses, penalties and/or any other impositions, costs or expenses resulting from your failure to comply with the requirements of this clause 11.
12. Price of Artworks and delivery charges
12.1 The prices of the Artworks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artworks quoted on our site are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Artwork(s) you ordered.
12.2 The prices for our Artworks may change from time to time but, subject to clause 12.5, changes will not affect any order you have already placed.
12.3 The price of the Artworks includes VAT (where applicable) at the current rate chargeable in the UK from time to time and is subject to adjustment in the event of a change in the applicable rate of VAT.
12.4 12.4 The price of the Artworks does not include the costs and charges of packaging, insurance and delivery of the Artwork to you. These charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page
12.5 Our site contains a large number of Artworks. It is always possible that, despite our reasonable efforts, some of the Artworks on our site may be incorrectly priced. If we discover an error in the price of the Artworks you have ordered we will contact you to inform you of the error and will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Artworks to you at the incorrect (lower) price.
13. How to pay
13.1 You can only pay for Artworks using a debit card or credit card. We accept the following cards: Visa Credit, Visa Debit,MasterCard Credit, MasterCard Debit,Visa Electron,Maestro, JCB, Amex, Paypal.
13.2 Payment for the Artworks and all applicable packaging, insurance and delivery charges is taken in advance when you place your order.
14. Certificate of authenticity
14.1 We will provide you with a Certificate of Authenticity, which is a unique document supplied by the Artist or by us that verifies that the Artwork is authentic.
14.2 The Certificate of Authenticity will be delivered with the Artwork or via email/mail.
15. Our warranty for the artworks
15.1 Save as set out in clause 15.4, we warrant that upon delivery and for a period of 12 months from the date of delivery (Warranty Period), the Artworks shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
(d) be fit for any purpose held out by us; and
(e) comply with all applicable statutory and regulatory requirements for selling the Artworks in the United Kingdom.
15.2 The warranty set out in clause 15.1 is more generous than the legal rights of consumers under the Consumer Contracts Regulations. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Artworks that are faulty or not as described. We are under a legal duty to supply Artworks that are in conformity with this Contract.
15.3 Subject to clause 15.4, if:
(a) you give notice in writing (e-mail preferred) to us within the Warranty Period and within a reasonable time of discovery that the Artworks do not comply with the warranty set out in clause 15.1; and
(b) we are given a reasonable opportunity to examine the Artworks and we accept the warranty claim; and
(c) you allow us to collect such Artworks at your cost if you are a business customer, or at our cost if you are a consumer,
we will, at your option, repair the defective Artwork, replace it with another Artwork, or refund the whole or part of the price of the defective Artwork. Where it is not possible to repair or replace the defective Artwork, we will offer a refund.
15.4 The warranty in clause 15.1 does not apply in any of the following events:
(a) the defect arises because you failed to follow our instructions as to the handling, storage, installation, use, lighting, exposure, preservation, maintenance, cleaning and care of the Artworks or (if there are none) good practice regarding the same;
(b) you alter, restore or repair such Artworks without the written consent of the owner of the copyright in the Artworks or (if no longer subject to copyright protection) our consent; or
(c) the defect arises as a result of fair wear and tear, unsuitable environmental conditions, wilful damage, accident, or negligence by you, your agents, employees, contractors or any third party.
15.5 Except as provided in this clause 15, and unless you are a consumer, we shall have no liability to you in respect of any failure of the Artworks to comply with the warranty set out in clause 15.1. If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Artworks that are faulty or not as described.
16. Our liability if you are a consumer. This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into our contract.
16.2 We only supply the Artworks for domestic and private use. You agree not to use the Artwork for any commercial or business purposes, and we have no liability to you for any loss of any income, profit, sales, business, goodwill or revenue, loss of anticipated savings, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. Our liability if you are a business. This clause 17 only applies if you are a business customer.
17.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.2 Subject to clause 17.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with our Contract for:
(a) any loss of income, profits, sales, business, goodwill or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect, remote or consequential loss.
17.3 Subject to clause 17.1, our total liability to you in respect of all losses arising under or in connection with our Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall under no circumstances exceed the price of the Artworks and of any other costs and charges (excluding delivery charges) paid by you to us in connection with our Contract.
17.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Artworks. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Artworks are suitable for your purposes.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our Contract that is caused by an Event Outside Our Control.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, failure of third parties to provide services, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under our Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under our Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 If you are a consumer, you may cancel a Contract affected by an Event Outside Our Control which has continued for more than  days. To cancel please contact us. If you opt to cancel, you will have to make available for collection (at our cost) any Artworks you have already received and we will refund the price you have paid include any delivery charges.
19. Questions or complaints
19.1 If you have any questions or complaints about an Artwork, please contact us by telephone on +44 (0)203 757 6391, by email to firstname.lastname@example.org or by post to 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
20. Communications between us
20.1 When we refer, in these Terms, to "in writing", this will include e-mail.
20.2 Any notice or other communication given by you to us, or by us to you, under or in connection with our Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
20.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid domestic UK first class post or other next working day delivery service, at 11.00 am on the third Business Day after posting or if sent by e-mail, one Business Day after transmission. In all other circumstances, a notice or communication shall be deemed to have been received on the date of actual receipt. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. Other important terms
21.1 We may transfer our rights and obligations under our Contract to a third party but this will not affect your rights or our obligations under these Terms.
21.2 You may only transfer your rights or your obligations under our Contract to another person if we agree in writing.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise.
21.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 Except as set out in these Terms, any variation, modification or amendment to our Contract, including this form requirement, must be agreed between us in writing in order to be valid and binding.
21.7 If you are a consumer, please note that these Terms and any Contract for the purchase of Artworks through our site and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.8 If you are a consumer, please note that disputes may also be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be accessed at webgate.ec.europa.eu.
21.9 If you are a business, our Contract and any dispute or claim arising out of or in connection with it or its 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 and we both irrevocably submit to the jurisdiction of the courts of England and Wales.