Terms & Conditions

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 invoice (the “Work”). Save as provided in clause 5, these terms and conditions do not cover data protection. Please ask us for a copy of our privacy policy.

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.

2.1 We confirm that we either own the Work or are authorised to sell it on behalf of the owner.

2.2 All statements by us as to the authenticity, attribution, description, date, age, provenance, title, investment potential or condition of the Work constitute our judgement and opinion only. They may not be relied upon as statements of fact and are not warranted by us.

2.3 While we will on request explain the condition of the Work at the time of sale, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.

2.4 We do not accept liability as a result of any changes in expert opinion or scholarship which may occur subsequent to the sale. You are responsible for satisfying yourself as to any statements made by us. If you are a Consumer, this does not affect your statutory right to cancel under clause 14.

3.1 You must pay us the total price set out in our invoice — including the full price for the Work, delivery costs, any VAT and any amounts payable under clause 8 — by bank transfer or such other methods as we agree, within 30 days after the date of the invoice (unless stated otherwise). If the sale is dependent on the issue of an export licence, payment must be made within 7 days after that licence is issued. Payment has not been made until we have received cleared funds representing the full amount due.

3.2 If you fail to make full payment within the relevant period, we shall be entitled at our discretion to charge 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 2% per annum above Barclays Bank base rate from the date payment was due until payment is made in full.

6.1 You must collect the Work from our premises at an agreed date and time within 28 days of the date of payment, unless it is agreed in writing that you should collect it elsewhere, that we should deliver it on your behalf, or that you should make your own arrangements.

6.2 If the Work has not been collected within 90 days from the date of payment, we shall be entitled at our discretion to charge storage fees, which must be paid before we release the Work.

6.3 Subject to clause 6.4, you will be responsible for the Work, for the risk of damage to it or loss of it, and for insuring it, from the time agreed for its collection.

6.4 If we permit you to take delivery of the Work without your agreement to purchase it — for example on approval — we will continue to be responsible for insuring it.

7.1 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.

7.2 If you have possession of the Work before full payment has been made, you must: keep possession of it and not sell or dispose of any interest in it; keep items together if the Work consists of more than one item; keep any identifying marks of our ownership clearly displayed; store the Work on your premises separately from other property; allow us access to inspect it on reasonable notice; and preserve the Work in the same state as on delivery without restoring, repairing, cleaning or reframing it without our written consent.

8.1 If the Work is to be exported from the United Kingdom, we will normally make appropriate arrangements for export and shipment on your behalf and may make a reasonable additional charge for doing so.

8.2–8.5 Where you make your own export arrangements, you must comply with all requirements of relevant tax and export licensing authorities, provide us with proof of export within 7 days of shipment, and reimburse us for any VAT, sales tax or penalties arising from your failure to comply. You are responsible for all import taxes, duties and customs compliance in the country of destination. Unless otherwise agreed in writing, the sale of the Work is not dependent on obtaining an export licence, and failure or delay in obtaining a licence will not constitute grounds to cancel a purchase or delay payment.

9.1 If you fail to pay the purchase price in full by the due date, or fail to comply with clauses 7 or 8, we are entitled (without prejudice to our other rights) to either: terminate the contract, 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 we shall refund any part of the purchase price you have paid after deduction of our costs.

9.2 We shall also have the right to repossess the Work and cancel the sale if, before you make full payment, insolvency proceedings of any kind occur in the UK or elsewhere involving your solvency.

9.3 Where we notify you of our right to repossession, you must within 7 days return the Work to our premises at your cost and risk, or inform us of its location and allow us to collect it.

This clause applies only where the sale is to an individual acting for purposes wholly or mainly outside their trade, business, craft or profession (a “Consumer”). It is not our standard policy to sell works of art exclusively by distance communication, however in the exceptional case where a contract is concluded exclusively through such means:

14.1 We are under a legal duty to supply goods in conformity with the contract. Strachan Fine Art Limited is the supplier and the party to whom any complaints or comments should be directed. If you have a complaint, please contact us by telephone on (0)7860 579 126, by email at enquiries@strachanfineart.com, or by post to 14 Vicarage Court, London W8 4HE.

14.2 If you have concluded a transaction exclusively at a distance, you have the right to cancel within 14 days from the day on which you (or a third party you have indicated) acquire physical possession of the Work.

14.3 To cancel, please notify us using the model cancellation form available from us, by calling (0)7860 579 126, or by email at enquiries@strachanfineart.com. It is sufficient to send your communication before the cancellation period has expired.

14.4 If you received the Work before deciding to cancel, you must return it to us undamaged and in the same condition as at the time of sale, or allow us to collect it from you at your cost, within 14 days of the date of cancellation.

14.5 If you cancel, we will reimburse all payments received from you, including standard delivery costs, without undue delay and not later than 14 days after we receive the Work back or receive evidence that you have returned it. We may make a deduction for any loss in value of the Work resulting from unnecessary handling.

15.1 The contract between us and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.

15.2 If you are purchasing as a Consumer, the courts of England and Wales shall have non-exclusive jurisdiction. If you live in Scotland or Northern Ireland, you may also bring claims in the courts of the country in which you live.

15.3 If you are not purchasing as a Consumer, the courts of England and Wales shall have exclusive jurisdiction.

16.1 Unless clause 15.2 above applies, either party may, by giving written notice to the other, elect to have any disputes referred to a single arbitrator in London to be resolved in accordance with the Arbitration Act 1996. The seat of arbitration will be London and the language will be English. If the parties cannot agree upon an arbitrator, either party may apply to the President of the Law Society of England and Wales to appoint a King’s Counsel of not less than 5 years’ standing. The decision of the arbitrator shall be final and binding.

16.2 Save that the parties acknowledge each other’s right to seek interim relief from the English courts, no court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award, unless otherwise permitted by law.