Returns Policy – ARTS LIMITED

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Please note that this page serves as guidance to, and does not supersede, our full terms, which shall apply to the agreement between you and us. In the event of a conflict between this policy and a term or condition of our Terms of Business, the term or condition in our Terms of Business shall override and take precedence over wording in this policy.

A. Purchases by a Consumer or Private Individual based in the UK or the EU

The legal bit: By acquiring a work of art from Arts Limited, a contract is formed between you and Arts Limited (“us”, “our”). If you are a consumer or private individual based in the UK or in the EU, you have a legal right to cancel this contract and the purchase of an artwork for the reasons set out under the Consumer Rights Act 2015 and/or the Consumer Contracts Regulations 2013.

What does this mean: This means that you have the right to cancel a purchase from us for any reason and at any time from the date that we receive payment for an artwork (the date the contract between you and us is formed) through to 14 days after you take delivery of the artwork, or 14 days after you or a 3rd party you instruct collects an artwork from us (if applicable). This 14 day period is known as the ‘cooling off period’./

So, if you change your mind or decide that you do not want to receive or keep an artwork during the cooling off period just let us know. You must notify us of your decision to cancel the purchase in writing (see our contact details in Section F).

If you choose to cancel the purchase of an artwork before taking delivery, notify us immediately of your decision. Please avoid unpacking the artwork once in hand with you as this can result in damage through unnecessary handling.

If you choose to cancel the purchase of an artwork after you have taken delivery, please be careful with the artwork once it is in hand with you as risk of damage or loss will pass to you upon you either taking delivery if we have arranged the shipping (risk passes to you at the point of collection from us if you are arranging the packing and/ or shipping). All artworks must be handled with care, especially in the case of unframed prints and offset lithographs. White gloves should also be used.

Once we have received written confirmation from you that you wish to cancel an order we will then advise you on how the artwork can be returned to us. Please see Section E for further details on how much of a refund you will receive and when you can expect to receive the refund.

B. Purchases by a Consumer or Private Individual not based in the UK or the EU

If you are purchasing artwork as a consumer or private individual not based in the UK or the EU, you have no right to cancel a contract with us under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, unless your cancellation relates to a breach of contract by us (see Section D below).

In exceptional circumstances, we may extend the returns policy set out in Section A above at our discretion. As refunds in this instance are at our discretion rather than set by law, we strongly advise all existing and prospective clients to make sure they are certain in their decision to buy an artwork prior to placing an order.

C. Purchases by a Business and Trade Buyers

If you are purchasing artwork as a business, whether you are a sole trader or multinational corporation, and regardless of your domain, you have no right to cancel a contract with us under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, unless your cancellation relates to a breach of contract by us (see Section D below).

In exceptional circumstances, we may extend the returns policy set out in Section A above at our discretion. As refunds in this instance are at our discretion rather than set by law, we strongly advise all existing and prospective clients to make sure they are certain in their decision to buy an artwork prior to placing an order.

D. Breaches of Contract by Arts Limited

We have strict policies and internal controls in place to ensure that a breach in contract by us is rare, but we recognise that occasionally things do not go as planned. In such instances, we will work with you to resolve the matter in a timely and fair manner.

You have the right to cancel a contract in the event of a breach of contract by us if certain conditions have been met

– this includes the following:

(i) Damage in transit

It is your responsibility to notify us if any damage has been caused to the packaging of an artwork whilst in transit within 5 days of the end of the cooling off period, as defined in Section A and in our Terms of Business. You must take photos of any damage to the packaging prior to opening, and forward to us – failure to do so may mean we are unable to agree to a refund. Where possible, request that the courier makes a note of the damage to support a subsequent claim by us.

We will assess the photos and damage and advise on whether you should open the packaging. Subject to us agreeing that we are in breach of contract, we will advise you either to open the packaging and inspect the artwork or return the artwork to us in the current packaging. Please ensure return shipping is made within 30 days of our consent to a refund, and we shall issue a full refund within 14 days of taking delivery.

(ii) Reporting damage on inspection of an artwork

If you haven’t made the decision to return the artwork prior to its arrival (if you have, please see Section A), please inspect the artwork and report any defects to us using clear photographs within 5 days of the end of the cooling off period, as defined in Section A.

We will assess the photos and damage, and subject to us agreeing that we are in breach of contract, we will instruct you to return the artwork to us. Please ensure return shipping is made within 30 days of our consent to a refund, and we shall issue a full refund within 14 days of taking delivery.

(iii) Artwork doesn’t match specification

If you have reason to believe that the artwork specification, including condition, was not accurate at the time of ordering from us, please contact us in writing as soon as possible. Clearly state your reasons for your concern, and we will endeavour to get back to you as soon as possible.

We will assess your concerns and respond in a timely manner. Subject to us agreeing that we are in breach of contract, we will instruct you to return the artwork to us. Please ensure return shipping is made within 30 days of our consent to a refund, and we shall issue a full refund within 14 days of taking delivery.

(iv) Inauthenticity

We rely on our experience as fine art dealers, coupled with strict internal controls and processes, to significantly reduce the risk of buying and selling artworks that are not authentic. If you have any doubts of the authenticity of an artwork you have bought from us, then you must notify us of this within 3 years of entering a contract with us.

We will investigate your concerns and keep in communication with you until the matter is resolved. If necessary, and in the event of a dispute, we shall agree on the appointment of an independent certified art appraiser or expert to validate authenticity.

If the artwork is found to be inauthentic, please then ensure return shipping is made within 30 days of the appraiser’s report, and we will issue a full refund within 14 days of taking delivery.

E. Refund Amount & Other Considerations

Refund Amount if you Change your Mind and we are not in Breach of Contract

If you have changed your mind about keeping an artwork and you have the right to return an artwork to us, or if we have extended our refunds policy to you if you are not a UK or EU consumer or private individual, subject to receiving the artwork back in the condition that it was sent to you, we will issue a refund for the price paid for the artwork (or the ‘net sale price’), excluding any disbursements and shipping costs.

This means that you will be responsible for any packing and shipping costs from us to you following your purchase, and also any associated costs to get the artwork back to us following your decision to cancel the contract.

It is therefore very important that you notify us in writing as soon as possible if you have changed your mind because once we’ve shipped the artwork, you will become liable for all return packaging, insurance, and shipping costs.

Refund Amount if we are in Breach of Contract

If we are in breach of contract, we will issue a full refund for the Total Cost, including return shipping costs if paid by you. This means that if we will refund the price paid for the artwork (or the ‘net sale price’), including any disbursements and shipping costs.

We will pay for any additional packing and shipping costs in respect to you sending the artwork back to us.

Refund Amount - other considerations

The refund amount set out above is subject to us receiving the artwork back in the same condition that it left us, or as reported by you in the event of damage in transit.

We reserve the right to reduce the amount of refund in the event of any damage, or any other changes or events that serve to lower the value of the artwork, caused by you or the return shipping if organised by you. Under no circumstances will we refund an amount more than the net sales price of an artwork (excluding shipping and disbursements).

We will issue the refund within 14 days of us taking delivery of the returned artwork. Please note, under our antimoney laundering obligations, refunds can only be paid back into the account used to make the purchase.

F. Our contact details

If you wish to contact us, either prior to placing an order or in relation to a purchase from us, please do so in writing using the contact details below. We will respond to you as soon as possible.

Our postal address is:

ARTS LIMITED
464 Edgware Rd, London W2 1AH, United Kingdom

Our email address is: info@arts-limited.com