Terms & Conditions
Acceptable use policy
The term ‘Modern ArtBuyer’ or ‘us’ or ‘we’ refers to Modern ArtBuyer Limited, a company registered in England & Wales under company number 07949922 and with our registered office at 1 Cliffe Drive, Limpley Stoke, Bath BA2 7FY. The term ‘you’ refers to the user or viewer of our website.
– The content of the pages of this website is for your general information and use only. It is subject to change without notice.
– Neither we nor any third parties provide any warranty, representation 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.
– Modern ArtBuyer has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Modern ArtBuyer will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.
– 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.
– You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
– You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of website use.
- Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
– The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent. 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.
– 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 control over the content of the linked website(s), and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The website is not directed at children under the age of 18 years old.
We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this website is unavailable at any time.
This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
Your use of this website and any dispute arising out of such use shall be governed by English law.
Terms and conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any artwork (Artwork) listed on our website www.modernartbuyer.com (our site) to you (Terms). Please read these Terms carefully and make sure that you understand them before ordering any Artwork from our site. You should understand that by ordering any Artwork, you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
We operate the website www.modernartbuyer.com. We are Modern ArtBuyer Limited, a company registered in England and Wales under company number 07949922 and with our registered office at 1 Cliffe Drive, Limpley Stoke, Bath BA2 7FY.
Your attention is drawn in particular to the provisions set out under the headings “Your right to cancel” and “Our liability”.
All purchase will be made in UK Pounds Sterling.
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Artwork. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Artwork has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
Following purchase of Artwork either online or via the phone, Modern ArtBuyer must receive the full amount payable from you before the Artwork is dispatched. Shipping costs will be calculated based on weight of the work and final delivery address. You will be notified of these shipping costs and they will be added to the total amount payable.
All Artworks will be securely packaged with an authentication endorsement and a care/handling document. All packages will be dispatched by a standard, reputable courier firm, whether sent by Modern ArtBuyer or by the artist themselves.
All items will be insured during storage with Modern ArtBuyer and transit to cover damage, loss or non-delivery.
The Artwork may take up to 21 days to arrive at your nominated delivery address.
You should inspect Artwork immediately upon receipt before signing confirmation of receipt. If the work arrives in a damaged condition and the damage is not discovered at the point of signing confirmation of receipt, any damaged work must be reported to Modern ArtBuyer within five days of receipt.
Your right to cancel
If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) working days (cooling-off period), beginning on the day after you received the Artwork. In this case, you will receive a full refund of the price paid for the Artwork in accordance with our refunds policy (set out below).
To cancel a Contract, you must inform us in writing. You must also return the Artwork to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Artwork while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
If you return an Artwork to us because you have cancelled the Contract between us within the cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Artwork in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Subject as set out below, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms at the time we entered into this contract with one another.
We only supply the Artwork for domestic and private use. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms excludes or limits in any way our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or defective products under the Consumer Protection Act 1987.
All notices sent by you to us must be sent to Modern ArtBuyer Limited at 1 Cliffe Drive, Limpley Stoke, Bath BA2 7FY or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
Events beyond a parties control
Neither of us shall be liable to the other for any failure or delay in performing our respective obligations under the contract to purchase Artwork to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Our right to vary these Terms
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Artwork).
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.