SALES TERMS AND CONDITIONS

Sales Terms and Conditions

Last Updated Date: 15 January 2025

Thank you for using ArtULTRA. Please read these Terms and Conditions of sales carefully before purchasing artworks offered by ArtULTRA. By proceeding with your purchase, you agree to comply with and be bound by these Terms and Conditions.

1. DEFINITIONS

Capitalised terms and phrases used herein shall have the following meanings:

Artwork(s): means the artwork(s) offered for sale, identified by its title, artist name, medium, dimensions, date of creation, description and including associated documentation, as relevant.

Delivery Date: means the date on which the Artwork(s) shall be delivered to the Buyer or made available for pick-up as stated in clause 6.1

Party means the Seller or Buyer and Parties means both the Seller and the Buyer.

Purchase Price: means the total sum that the Buyer will pay to the Seller for the Artwork(s) as specified in clause 4.1

Clause, Appendix and paragraph headings shall not affect the interpretation of these Terms and Conditions.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
References to clauses are to the clauses of these Terms and Conditions.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms

2. SALE OF ARTWORKS

2.1 The Seller agrees to sell, and the Buyer agrees to purchase, the Artwork(s) in accordance with these Terms and Conditions.

2.2 The Artwork(s) shall be sold "as-is". Any known defects, damages, or alterations to the Artwork(s) will be disclosed to the Buyer prior to the sale.

2.3 These Terms and Conditions constitute a legally binding agreement between the Buyer and the Seller.

2.4 The Seller may revise these Terms and Conditions from time to time. The Buyer's purchase of Artwork(s) from the Seller constitutes acceptance of these Terms and Conditions.

3. WARRANTIES AND REPRESENTATIONS

3.1 The Seller warrants that:

3.1.1 it has full authority to sell the Artwork(s);

3.1.2 The Artwork(s) are free of any liens, claims, or encumbrances,

3.1.3 Any certificates of authenticity, provenance, or documentation provided with the Artwork(s) are accurate to the best of the Seller's knowledge at the Delivery Date.

3.2 The Buyer warrants that:

3.2.1 It has sufficient funds to complete the purchase,

3.2.2 The Buyer agrees to purchase the Artwork(s) "as-is," acknowledging any disclosed imperfections or damages at the date of purchase.

4. PURCHASE PRICE AND PAYMENT TERMS

4.1 All Purchase Prices for the Artwork(s) are quoted in British Pounds (GBP) and are inclusive of VAT for UK Buyers. If the Buyer intends to take the artwork to an overseas destination, import VAT and duties may apply and will be the liability of the Buyer as the case may be.

4.2 The Purchase Price does not include shipping and handling costs, which are to be paid by the Buyer.

4.3 The Buyer shall either pay the Purchase Price in full prior to the Delivery Date, or pay a non-refundable deposit in British Pounds (GBP) if agreed with the Seller. This deposit will be applied toward the Purchase Price. The remaining balance shall be paid in full via Bank Transfer or Other Agreed Payment Method by the Delivery Date.

4.4 Any payments not received by the Delivery Date shall incur interest at the rate of 5% per annum above the official bank rate of the Bank of England current at the date that a payment becomes overdue per annum, until paid amounts outstanding are paid in full.

5. ANTI MONEY LAUNDERING PROVISIONS

5.1 The Seller abides by Anti Money Laundering (AML) legislation. The Seller’s AML policy is available online at https://www.artultra.net/aml-policy

5.2 In the event that the Purchase Price equals or exceeds ten thousand euros (€10,000) prior to completing the sale of the relevant Artwork(s), the Seller will carry out certain due diligence in accordance with the legislation, including:

5.2.1 Verifying the identity of the Buyer and/or its agent;

5.2.2 If relevant, verifying persons acting on behalf of the Buyer to ensure they have the authority to act;

5.2.3 Apply Enhanced Due Diligence when dealing with Politically of Exposed Persons (PEP), including deeper investigation into the Buyer’s financial background, business activities, and verifications of relationships with related parties.

5.3 The Seller will be entitled to void or terminate any transaction if AML checks cannot be completed.

5.4 The Seller will keep all evidence, reports and documents pertaining to due diligence carried out for AML checks.

6. DELIVERY AND TRANSFER OF OWNERSHIP

6.1 The Seller will deliver or make available for collection the Artwork(s) on the Delivery Date subject to receipt of the full Purchase Price in cleared funds. All delivery costs shall be borne by the Buyer.

6.2 In the event that the Artworks are to be delivered, the Buyer must notify the Seller of the delivery address at least 72 hours prior to the Delivery Date.

6.3 Should the Buyer require overseas shipping applicable VAT and duties payments will be the responsibility of the Buyer.

6.4 Title to the Artwork(s) shall pass to the Buyer upon the Seller's receipt of the full Purchase Price in cleared funds.

6.5 Risk of loss or damage to the Artwork(s) shall remain with the Seller until the Artwork(s) are delivered to the Buyer or its authorised representative at the delivery address/or on collection as the case may be, at which point the risk shall transfer to the Buyer.

For in person sales

7. INSPECTION AND ACCEPTANCE

7.1 The Buyer shall have three (3) days from the Delivery Date to inspect the Artwork(s) and notify the Seller in writing of any material discrepancy or damage not disclosed previously.

7.2 If the Buyer does not provide notice of any issues within the inspection period, the Buyer shall be deemed to have accepted the Artwork(s) in their current condition.

8. REFUNDS

8.1 Refunds will be issued only if the Buyer has notified the Seller of any material discrepancy or damage in accordance with clause 7, and the Artwork(s) are returned to the Seller within 5 days from the Delivery Date, in their original condition and packaging and have been handled with due care. The Seller will reimburse shipping costs on the basis of evidenced receipts from a reputable transporter.

8.2 Once the returned Artwork(s) are received and inspected by the Seller, the Buyer will be notified of the acceptance of the return. If the return is approved, the refund will be processed within 7 business days of notification of the acceptance of the return of the Artwork(s) by the Seller.

For online sales

9. INSPECTION AND ACCEPTANCE

9.1 The Buyer shall have fourteen (14) days from the Delivery Date of delivery to inspect the Artwork(s) and notify the Seller in writing of any material discrepancy or damage not disclosed to the Buyer previously and whether they wish to return the Artwork(s).

9.2 If the Buyer does not provide a written notice of within the inspection period, the Buyer shall be deemed to have accepted the Artwork(s) in their current condition.

10. RETURNS AND REFUNDS

10.1 The Buyer may return the Artwork(s) purchased under these Terms and Conditions within fourteen (14) days from the Delivery Date, provided the Artwork(s) are in their original condition, unused, and in their original packaging. The Buyer must notify the Seller in writing of its intention to return the Artwork(s), specifying a reason for the return.

10.2 Refunds will be issued once the Buyer has notified the Seller of its intention to return the Artwork(s) in accordance with clause 9, and the Artwork(s) are received by the Seller and meet the conditions of return as detailed in clause 10.1.

10.3 Where the Artwork(s) are returned due to damage or material discrepancy, the Seller will be responsible for shipping costs back to the Seller on the basis of evidenced receipts from a reputable transporter.

10.4 Where the Artwork(s) are returned for any other reason, the Buyer will be responsible for the shipping costs back to the Seller.

10.5 Once the returned Artwork(s) are received and inspected by the Seller, the Buyer will be notified of the acceptance of the return. If the return is approved, the refund will be processed within 7 business days of notification of the acceptance of the return of the Artwork(s) by the Seller.

11. DISPUTE RESOLUTION

11.1 In the event of a dispute arising out of or relating to these Terms and Conditions, the Parties agree to first attempt to settle the dispute amicably.

11.2 If amicable settlement is not possible, the dispute shall be submitted to binding arbitration in London in accordance with the rules of the Chartered Institute of Arbitrators.

12. SEVERANCE

11.1 If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions of these Terms and Conditions shall remain unaffected and in force.

13. WAIVER

13.1 Any failure to exercise or any delay in exercising a right or remedy provided by these Terms and Conditions or at law of in equity (and/or the continued performance of these Terms and Conditions) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of any of the terms of these Terms and Conditions must be in writing and shall constitute a waiver of any other breach and shall not affect the other terms of these Terms and Conditions.

14. RIGHTS OF THIRD PARTIES

14.1 A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms and Conditions.

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms and Conditions and all non-contractual obligations arising in any way whatsoever out of or in connection with them are governed by, construed and take effect in accordance with English Law. The courts of England have exclusive jurisdiction to settle any claim, dispute or matter of difference which may arise in any way whatsoever out of or in connection with these Terms and Conditions.

16. COMMENTS & FEEDBACK

16.1 We love to hear from you and your experience of using our Services. If you would like to get in touch, email us at info@artultra.net . By sending us your feedback or any submissions on the Platform, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable licence to use and publish such content without compensation to you.