Terms & Conditions

In these terms and conditions

The term Untitled Art Limited or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 1-3 Ship Street, Shoreham-By-Sea, West Sussex, BN43 5DH. The company is registered in England and Wales under registration number is 07835134. The term ‘you’ refers to the user or viewer of the website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland, and Wales.

It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of Untitled Art Limited (us). Only proceed with this 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 agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the written communication of the acceptance by Untitled Art Limited of your purchase, which we refer to below as “the Work” and constitutes a contract. This written communication of acceptance will be dated and provided to you prior to the issue of the invoice, which will subsequently follow, after you provide Untitled Art Limited with your invoicing instructions.

We confirm that we either own the Work or are authorised to sell it on behalf of the owner. Untitled Art Limited is registered in England (registered number 07835134) and its registered address is at 1-3 Ship Street, Shoreham-By-Sea, West Sussex, BN43 5DH.

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 by us in writing.

  1. STATEMENTS ABOUT THE WORK & BASIS OF CONTRACT

2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title, or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.

2.2 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.

2.3 You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 2.1 and 2.2 above.

2.4 The order constitutes an offer by you to purchase the goods in accordance with these conditions. You are responsible for ensuring that the terms of the order are complete and accurate.

2.5 The order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the contract shall come into existence.

2.6 You waive any rights you might otherwise have to rely on any term endorsed upon, delivered with, or contained in any document that is inconsistent with these conditions.

  1. PAYMENT OF PURCHASE PRICE

3.1 You must pay us the full price for the Work, together with delivery costs, any VAT and any amounts payable to us under clause 6 below but excluding any deposit or advance that you may already have paid, by bank transfer or such other methods as we agree, within 30 days after the date of the written communication of the acceptance by Untitled Art Limited of your purchase. If we agree with you that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. In either case, payment has not been made until we have received cleared funds representing the full amount.

3.2 If you fail to make full payment within the relevant period, we shall charge you interest on the amount unpaid at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 or where that Act does not apply at the rate of 2% per annum above the Bank of England’s base rate from the date when payment was due until payment is made in full.

3.3 Untitled Art Limited cannot accept responsibility for any factor beyond our control including foreign exchange fluctuations and increases in taxes and duties: or indeed for any delays on delivery due to events outside of Untitled Art Limited’s control and jurisdiction including any such delay or failure resulting from a Force Majeure Event.

  1. ANTI-MONEY LAUNDERING

Under the terms of the anti-money laundering regulation effective from 10 January 2020 we are required to conduct customer due diligence (CDD) on all sales of works of art over €10,000.

  1. COLLECTION OF THE WORK AND PASSING OF RISK

5.1 You must take delivery of the work, within 28 days of the date of payment, unless it is agreed in writing that: (i) you should collect it elsewhere; (ii) we should deliver it to you; or (iii) you should make your own arrangements for someone else to collect it for you; or (iv) you instruct us that you wish for a deferred delivery date stating the reason for this and factoring in, at the same time, that if this work is subject to export outside of the UK, then this needs to be effected within 90 days from invoice.

5.2 In all cases, 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 on payment for its delivery/collection including if damage or loss is sustained during delivery/collection or transit.

  1. PASSING OF OWNERSHIP

6.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.

6.2 In the rare event, you have possession of the Work before full payment has been made, you must:

6.2.1 keep possession of it, not sell it or hand it over to any other person or dispose of any interest in it, until such time you have been paid and have remitted those net funds agreed to Untitled Art Limited in full and final settlement of the same;

6.2.2 in the case of a Work consisting of more than one item, keep those items together;

6.2.3 keep any identifying marks showing that we own the Work clearly displayed;

6.2.4 store the Work on your premises and at no cost to us, separately from other property;

6.2.5 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

6.2.6 preserve the Work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe it without our written consent.

  1. EXPORT

7.1 If the Work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, we will normally make appropriate arrangements for export and shipment and may make a reasonable additional charge for doing so.

7.2 If, contrary to our normal practice, we allow you to make arrangements for export of the Work, you must:

7.2.1 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 licensing authorities and any other relevant official bodies and:

7.2.2 provide us with all the relevant documents showing proof of export without delay and in any event within 7 days from the date of shipment; and

7.2.3 reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any 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 the relevant requirements for export and import

7.3 When on its sale to you the Work is intended for export, you will be charged for VAT on the Work should it not be exported.

7.4 In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.

7.5 Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or delay payment for it.

  1. BREACH BY THE BUYER

8.1 If you fail to pay the purchase price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the purchase price in full you fail to comply with the obligations set out in clauses 6 and 7 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either:

8.1.1 instruct solicitors to seek/enforce payment to complete the agreed order and transaction as specified on either the written communication of the acceptance by Untitled Art Limited of your purchase or on the invoice and reserve the right to administer any additional legal costs Untitled Art Limited may incur in pursuing any form of breach or late payment in full as well as charging interest at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 or where that Act does not apply at the rate of 2% per annum above Bank of England’s base rate from the date when payment was due until payment is made in full.

8.1.2 terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; or

8.1.3 or at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe 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 of recovery and restoration of the Work.

8.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver).

8.3 Where we notify you of the exercise of our right to repossession, you will within seven days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).

8.4 You cannot change your mind about an order for goods that are made to and commissioned for your specification.

8.5 You must tell us that you wish to cancel your order within 30 days after the date of the written communication of the acceptance by Untitled Art Limited of your purchase with a detailed explanation as to why you wish to cancel.

  1. LIMITATION OF OUR LIABILITYAny claim against us must be brought within a period of 6 years from the date of the invoice for the Work. We shall not accept any claim after these periods.

    We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.

  1. RESCISSION

We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the price and any amount paid to us that represents a royalty due to the Work’s author upon the resale of the Work (“Resale Royalty”). The refund of the price and any Resale Royalty will constitute your sole remedy and recourse against us with respect to such claims.

  1. COPYRIGHT

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. During the period in which the Work is protected by copyright, the copyright remains with its author (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. If such rights are sought, you should contact the copyright owner.

  1. NOTICES

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 must be sent by post, or delivered by hand, to our address or to your last known address as notified to us by you as the case may be.

  1. FURTHER INFORMATION: NON-TRADE BUYERS

This clause applies only where the sale of the Work is to an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession (“the Consumer”).

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (included as amended) applies to any sale of works of art to Consumers. It is part of our standard policy to sell works of art exclusively by electronic mail/other methods of distance communication:

13.1 We confirm that Untitled Art Limited as set out in clause 1.1 is the supplier of the Work sold to you and is the party to whom any complaints or comments should be directed.

13.2 If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the Work in question within 30 days after the date of the written communication of the acceptance by Untitled Art Limited of your purchase and only prior to the Work being delivered.

13.3 If you cancel a contract concluded exclusively at a distance for the purchase of the Work, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

  1. LAW AND JURISDICTION & DISPUTE RESOLUTION

14.1 We will do our best to resolve any problems or complaints you have with us or our goods. Should you have any complaint you should write in the first instance to enquiries@untitledart.co.uk.

14.2 In the event of a dispute arising out of or in connection with these conditions or the contract, you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

14.3 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law.

14.4 If you are purchasing the Work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the Work as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.

  1. ARBITRATION

15.1 Notwithstanding clause 14.4 above, either party may, by giving written notice to the other, elect to have any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single arbitrator in London to be resolved in accordance with the Arbitration Act 1996. The seat of such an arbitration will be London and the language to be used in the arbitral proceedings will be English. In the event that the parties cannot agree upon an arbitrator either party may apply to the President of the Law Society of England and Wales for the time being to appoint as arbitrator a King’s Counsel of not less than 5 years standing. The decision of the arbitrator shall be final and binding.

15.2 Save that the parties acknowledge each other’s right to seek, and the power of the High Court to grant, interim relief, no Court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award.