TERMS & CONDITIONS OF SALE OF KYNANCE FINE ART
It is important that you read and understand these terms and conditions before proceeding with any purchase. Any terms that you do not understand or do not wish to agree to, should be discussed with us. Only proceed with this purchase if you wish to be bound by these terms and conditions.
Purpose and effect
These terms and conditions set out all the terms of the agreement other than price between you as buyer and us, Kynance Fine Art, as seller, in relation to the sale or purchase of the item(s) identified on the invoice. Kynance Fine Art Ltd is registered in England (number 11369992) and its registered address is at Kemp House, 160 City Road, London EC1V 2NX.
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.
Description of works and authenticity
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.
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.
You are responsible for satisfying yourself as to any statements made by us.
Payment of purchase price
You must pay Kynance Fine Art the full price for the Work, together with delivery costs, any value added tax (VAT) (and any amounts payable to us if the item is to be exported) but excluding any deposit or advance that you may already have paid, by bank transfer or such other methods as we agree, within 14 days after the date of the invoice (unless stated otherwise on the invoice). 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.
If you fail to make full payment within the relevant period, we reserve the right to 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 Barclay’s Bank base rate from the date when payment was due until payment is made in full.
Delivery/collection of the work and passing of risk
If you wish us to deliver/make arrangements for delivery of the work to you, you must provide details of the delivery address and agree with us a mutually convenient date and time for delivery. We shall have the right to charge you any costs of and associated with transit and delivery of the work.
Where you do not wish us to deliver/arrange delivery, you must collect the work on a mutually convenient date and time within 28 days after the date of payment, or arrange for collection by a third party.
In all cases you will be responsible for the item(s) for the risk of damage to it or loss of it and also for insuring it from the time and date agreed for collection, including if damage or loss is sustained during collection or transit. You must make appropriate arrangements to insure the item(s) for the full purchase price with effect from that time.
Passing of ownership
You will only become the owner of the work when the purchase price is paid in full.
If the Work is to be exported from the United Kingdom, whether to countries within 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. If, contrary to our normal practice, we allow you to make arrangements for export of the Work, you must:
• Comply with all requirements of any relevant tax authorities (that is, any authority imposing, administering or collecting any tax, duty or levy including HM Revenue and Customs), any export licensing authorities and any other relevant official bodies and:
• 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
• 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.
• 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.
• 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.
• 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 licence will not constitute a basis to cancel a purchase or delay payment for it.
Breach by the buyer
If you fail to pay the purchase price in full by the due date, we are entitled (without prejudice to our other rights and remedies at law) to either:-
• terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; or
• 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.
Limitation of our liability
Should an item sold prove to be fake, Kynance Fine Art will refund a client’s money as soon as is reasonably possible, provided that the client provides a written opinion from an acknowledged expert, or acknowledged experts where there may be more than one, on the artist within a month of the purchase or within a month of doubt being expressed by an acknowledged expert, or acknowledged experts where there may be more than one, subject to a limit in time in all cases of one year from the purchase date.