Terms and Conditions
QUICK SUMMARY
The following short summaries are just that and are not intended to be legally binding. We recommend you read the Full Terms & Conditions below before making a purchase.
Descriptions of artworks
All artwork is listed and described on the website, on social media and in any email or telephone communications, in good faith. Where we believe an artwork can reasonably be described as being by the named artist it will be listed as such. If we believe there is a strong likelihood that this is the case, but sufficient room for doubt, it will be listed as "attributed to" the artist. Where we believe that the work is not necessarily by the artist but can be associated with their style or circle, we will list it as "circle of" the artist. If you have purchased a work and strongly believe we are mistaken in our description (and mistakes can, of course, happen), please notify us within 30 days with supporting evidence, and we will refund your purchase.
Most works on paper are examined and often remounted to help protect and prolong the life of the artwork, although, as with all unique items from the past, future condition cannot be guaranteed. Descriptions of the medium used are based on visual rather than scientific inspections and cannot be guaranteed. Where possible, we have examined the paper support, and if it is on an unusual, interesting or particular paper, such as laid, we have sought to describe this, although this cannot be guaranteed. Otherwise, the paper support is likely an unidentified wove paper.
Buying, Delivery & Insurance
You can buy directly from the website by adding artwork to your basket and checking out as you would from any shopping site. Unless otherwise stated, the price includes the frame, mount and, where appropriate, glass. All pictures are framed as shown, usually in their existing, sometimes original or time-scuffed frames, very often having been remounted to aid preservation and presentation, and sometimes to reveal previously hidden parts of the work.
For UK buyers, the costs of secure packing, delivery and insurance door-to-door are included in the purchase price. For overseas buyers, we have to add on the additional cost above the amount it costs to make a UK delivery, and you will see the amount when you check out, although we do not cover customs or other taxes you may be liable for. We are not (as yet) VAT registered, so there is no VAT charged at present.
Outline condition reports, based on a visual assessment of the artwork as seen (behind glass if framed and glazed), will be provided on request. Dimensions given on the website are rounded, usually to the nearest half-centimetre.
If you have any questions about the artwork, please either click the Enquire button on the item, contact us through our Contact page or call on +44 (0)7792 822 636.
Returns & Refunds
As well as your statutory right to cancel within 14 days, you can also request a refund within 30 days if you provide agreed evidence that an artwork has been wrongly attributed or described. This does not apply to minor mistakes in our descriptions that would not be reasonably thought to materially impair your appreciation of the artwork.
Copyright
All content and images on this website are copyright Michael Spender and Spender Fine Art.
FULL TERMS & CONDITIONS
1. Spender Fine Art Website
1.1. Welcome to the Spender Fine Art website (the “website”). The website is made available by Michael Spender (herein referred to as “us”, “we”, or “our”). By accessing and using this website and the artwork shown and listed there (the “artwork”), you agree to be bound by these terms and conditions (the “terms”) set out below. If you do not agree with any of these terms, please cease the transaction immediately. You can contact us via the Website contact page.
1.2. If you wish to rely on and make your transaction on any variation of, or addition to, these terms, you must have this agreed by us in advance in writing.
2. Privacy
2.1. All information you provide to us will be governed by our Website Privacy and Cookies Policy, also available to you on the website. By using our website and submitting information to us, you agree to be bound by our Privacy Policy.
3. Website Content and Artwork
3.1. We, along with any third parties involved, do not provide warranties or guarantees regarding the precision, timeliness, performance, completeness, or appropriateness of the information and materials found or offered on this website for any particular purpose.
3.2. Statements made by us or third-party experts as to the authenticity, date, title, condition, provenance or value of artwork constitute our best judgment and opinion alone (except that this does not exclude any liability on our part for misrepresentation). While we strive for accuracy, we explicitly disclaim liability for any inaccuracies or errors to the maximum extent permitted by law.
3.3. On request, we will describe the condition of the artwork at the time of sale and provide any requested information about its condition in our possession that you may reasonably ask for, but we will not be responsible for any subsequent deterioration of the artwork, however it is caused, following its sale by us.
3.4. Please be aware that the content on this site may be updated or modified without prior notice.
3.5. Any use of the information or materials on this website is at your own discretion and risk, and you are responsible for ensuring that any products, services, or information available through this website meet your specific requirements.
4. Intellectual Property
4.1. Unless otherwise stated, all copyright, including but not limited to images, text, graphics, audio clips, video clips, HTML source code, object code, and any other content and materials related to the artwork, is owned by Michael Spender, his affiliates, or pertinent third parties.
4.2. We will have the right to use such images and other content and materials in our discretion after the sale of the artwork.
4.3. You agree not to use, reproduce, modify, copy, or distribute any content from this Website without our prior written consent.
4.4. During the period in which the artwork is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the artwork itself, not the copyright or rights to produce copies of the artwork for publication. To access such rights, you will need to contact the copyright owner.
4.5. By uploading or contributing content to the website, you grant us a licence to use that content for operating the Website and our business. We reserve the right to remove or refuse any user-generated content. You agree to indemnify us for any losses arising from user-generated content you upload or add to our website.
5. Orders, Payment Processing, and Purchase Terms
5.1. When you purchase an artwork on our website, you offer to purchase it from Michael Spender under these terms. All orders are subject to acceptance and availability. We reserve the right to cancel any order at our discretion.
5.2. You must pay the full price for the artwork at the time of order using the available payment method listed on our website in the currency specified, together with any agreed additional delivery costs and any applicable VAT at the time of purchase. This purchase price will be minus any deposit paid in advance to secure the artwork if we have agreed with you in advance in writing that you may pay a deposit for this purpose.
5.3. All prices are quoted in the currency specified (pounds sterling) at the checkout, and if and where VAT is payable, this is indicated at checkout. At present, we are not registered for VAT and therefore do not charge VAT or operate the VAT Margin Scheme.
5.4. Payment is processed via our secure payment gateway provided by Stripe, and their terms and conditions will also apply to purchases you may via this site.
5.5. You confirm all payment details you provide are accurate and that you are authorised to use the chosen payment method.
5.6. A contract for the sale of goods is formed only when we confirm your order. Until then, orders are non-binding.
5.7. We will have the right to elect to cancel or rescind a sale without notice to you, where an adverse claim is made by a third party, including, but not limited to, a third-party claim of ownership, or in the case of pricing or product description errors.
5.8. If we elect to rescind the sale, you must return the artwork to us promptly, at our cost in a sum agreed in writing in advance, and we will then refund the purchase price to you. The refund of the purchase price shall constitute your sole remedy and recourse against us with respect to such claims.
6. Delivery or Collection of Artwork
6.1. Unless otherwise stated, the stated purchase price of artwork includes the cost of delivery by the carrier of our choosing. We will insure the artwork from the time of purchase to the time of delivery to the agreed United Kingdom address.
6.2. If, for any reason, it is agreed that you will collect the artwork from us we will not refund any delivery cost included in the purchase price, unless we have agreed this with you in advance in writing.
6.3. Risk of loss or damage to the artwork shall pass to you at the date and time agreed for delivery or collection, and from this date and time onwards, you shall be responsible for insuring the artwork against all risks.
7. Passing of Ownership
7.1. Full legal title to the artwork will pass to you when, and not before, we have received full payment for your purchase and acknowledged the sale in writing to you.
7.2. If we agree to lend the artwork to you or your representative in advance of any potential purchase legal title to the artwork will remain with us, and you must agree to ensure the work is preserved in the state it was in when loaned to you, and not repair, restore, clean or reframe it without our consent.
7.3. You must agree to return the artwork or make it available for collection by us as agreed in writing in any relevant arrangements or on request by us, giving reasonable notice.
8. Export of Artwork
8.1. If the artwork is to be exported from the United Kingdom, it shall be your responsibility to obtain the appropriate export licence and to comply with all requirements of the relevant tax authorities, including but not limited to HM Revenue and Customs, and any export licensing or other relevant official bodies.
8.2. The sale of the artwork shall not be dependent upon you obtaining an export licence, and the sale will not be cancelled or the purchase cost refunded should you fail to secure one, unless agreed by us in writing in advance.
8.3. You will be responsible for payment of any taxes, such as but not limited to, import tax, duty, merchandise, user or sales tax that must be paid in the destination country of the artwork, whether on shipment or on import or at any other time.
8.4. You will be responsible for reimbursing us for any costs we may incur in relation to such export costs, including any sum claimed if any official bodies make any claim against us for sales or use tax, VAT or any other expenses or penalties resulting from your failure to comply with the regulations and requirements for export and import.
9. Breach by the Buyer
9.1. If under any circumstances you fail to pay the full purchase price of the artwork by the due date or have failed to comply with the requirements set out in clause 5 above, or otherwise do or fail to do anything that may in any way imperil our ownership of the artwork or the artwork itself, we are entitled (without prejudice to our other rights and remedies at law) to either terminate the contract and repossess the artwork and claim damages for any loss we have suffered, or treat the sale as cancelled and repossess the artwork, in which case, upon the safe return of the artwork we shall refund you with any part of the purchase price you have paid, after the deduction of any sims due to us, including but not limited to the costs of recovery and restoration of the artwork.
10. Limitation of Our Liability
10.1. We shall not be liable for any business losses, including loss of profits, loss of business or loss of anticipated savings, that you may suffer or believe you may suffer as a result of purchasing the artwork.
10.2. Any liability to you for losses in connection with the purchase of the artwork that may be determined shall be limited to the price paid, excluding any delivery costs and VAT if applicable, and is strictly limited to reasonably foreseeable losses. Losses are foreseeable only if they could be contemplated by us and you at the time the contract is formed.
10.3. Nothing in sub-clauses 10.1 and 10.2 excludes our liability for death or personal injury caused by our negligence or any of our agents, fraud or any other liability that may not, under English law, be limited or excluded.
11. Electronic Communications
11.1. By making an enquiry or a purchase or placing an order, you consent to receive electronic communications about your purchase and the artwork.
11.2. We process personal data in connection with your enquiry or contract as set out in our Privacy Policy on this website. Please draw the attention of any individuals whose personal data you provide us with in connection with this contract to this Privacy Policy.
12. Consumer Rights and the Consumer Rights Act 2015
12.1. Up to 30 days after the sale of the artwork you have a right to a full refund, repair, or replacement if goods are faulty, misdescribed (such as being wrongly attributed and evidence provided to us by you of such misattribution), or not delivered as agreed, under the Consumer Rights Act 2015.
12.2. You have the right to cancel the contract within 14 days from the day on which you acquire, or a third party nominated by you acquires, physical possession of the artwork. Where the artwork consists of more than one item (which are to be delivered separately), such cancellation period will expire after 14 days from acquiring physical possession of the last item (the "cancellation period"). You also have the right to cancel the contract within 30 days from the day on which you or your nominated third party acquires physical possession of the artwork if you can provide written evidence that it has been wrongly described or attributed on our website, subject to this evidence being validated in our reasonable opinion or, if this evidence is disputed, in the opnion of a third party expert we choose jointly with you.
12.3. To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (by post or email) sent prior to the expiration of the cancellation period.
12.4. If you cancel the contract, you must also return the artwork to us by hand, carrier or courier to us at your own cost within 14 days after the day of notifying us of the cancellation, or we will collect the artwork at your expense.
12.5. The artwork must be returned to us in the same state and condition in which you received it (which does not limit your right to take reasonable steps to examine the artwork). You have a legal obligation to take reasonable care of the artwork whilst in your possession, and if you fail to comply with this obligation, we may make an appropriate deduction from the reimbursement you are entitled to.
12.6. Without undue delay, and not later than 14 days after we receive the artwork back from you and have been able to examine it, or you provide evidence that you have returned the artwork into our possession. or, if the artwork was not supplied to you, 14 days after the day on which we are informed about your decision to cancel the contract, we will reimburse you with all payments received from you, excluding any costs of delivery.
12.7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly asked and we have agreed otherwise.
12.8. You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Work back.
12.9. Nothing in this clause affects your legal rights. If your statutory consumer rights have been breached, please contact us via the website contact page. These terms do not limit your statutory rights.
13. External Content and Third-Party Terms and Conditions
13.1. Any links to external websites are provided for convenience. We are not responsible for their content or for any loss or damage arising from their use. If we integrate third-party applications, your use of them may be subject to separate terms.
13.2. Some website features or services, such as payment processors, delivery couriers, and external apps, may be governed by additional terms. By using these services, you agree to those third-party terms as well as our own.
14. Disclaimer, Indemnity, Limitation of Liability and What You Cannot do in Relation to the Website.
14.1. To the fullest extent permitted by law, we disclaim liability for any direct, indirect, or consequential losses from your use of, or inability to use, the website. The website is provided “as is” and “as available,” without guarantees it will be uninterrupted or error-free.
14.2. By using this website, you agree to indemnify Michael Spender against any claims arising from your misuse of the website or breach of these terms.
14.3. You may not use this website to violate these terms or to engage in illegal activities or to harm the website or disrupt others’ use and enjoyment.
15. Governing Law
15.1. These terms are governed by the laws of England and Wales. Any dispute is subject to the exclusive jurisdiction of the courts of England and Wales.
16. Anti-Money Laundering
16.1. Under the terms of the anti-money laundering regulation in force, we are required to conduct customer due diligence on all sales of artwork over £8,000 before the transaction is carried out. While we may agree to such a sale in principle, we will not be able to conclude the sale and transfer title to give up possession or transfer title to the artwork until we have received all the necessary customer due diligence to confirm your identity and the source of funds, and have been able to verify it as required by the regulation.
17. General
17.1. These terms do not create rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
17.2. If any provision is invalid or unenforceable, the remaining provisions remain in effect.
17.3. Our failure to enforce any provision is not a waiver of our right to do so later.
17.4. We reserve the right to amend these terms at any time; changes take effect upon posting on the Website. It is your responsibility to review any changes.
