TERMS AND CONDITIONS
These Website Terms & Conditions (Website terms) tell you information about us (Jonathan Grant Gallery), the terms on which we make our website available and how you may use our site and the legal terms and conditions (terms) on which we sell any works of art (Work).
By using our site, you confirm that you accept and agree to our Legal Notices. We may amend or revise our Legal Notices at any time by updating the website text for these pages.
If you do not agree to our Legal Notices, you must not use our site.
We recommend that you print a copy of these terms for future reference.
USE OF THE SITE
Your use of our site is covered by Terms & Conditions including Copyright Notice which also limits and/or excludes our liability for the site.
We make no guarantees or give any other assurances that our site will be available for browsing and we may update or remove or edit any content on our site at any time. You agree not to use any mechanism, software, code or take any steps which may harm or impede the operation of or access to the site, breach our security or disable, damage or infect our IT systems.
REPRESENTATION OF ARTWORKS
Whilst every effort is made to accurately portray art works represented on the Jonathan Grant Gallery website, Jonathan Grant Gallery and its employees agents do not give any warranty that Art Work will be identical to the photographic representation including, but not limited to, differences arising from the following conditions:
- Colour differences arising from different colour settings or your computer monitor.
- Other conditions existing beyond the control of Jonathan Grant Gallery that distort the representation of the exhibited art work.
At Jonathan Grant Gallery we believe it is important that we foster and maintain a good faith relationship with our clients – your goodwill is the most important asset we have. For this reason, we will never sell client lists to other companies, we do not ‘spam’ our newsletter recipients and we will not reveal information about our customers to anyone outside of our company. If you have any queries regarding your privacy in dealing with us, please Contact Us and we will be glad to assist you.
The works of art on this web site may not be reproduced or utilised in any form or by any means electronically or mechanical including downloading, printout, photocopying, recording or by on-line access or any information storage and retrieval system without permission in writing from the copyright holders.
- All rights reserved for artworks exhibited by the individual artists represented on this site and Jonathan Grant Gallery.
- All rights reserved for all images (other than artworks) and text contained in the Jonathan Grant Gallery website by Jonathan Grant Gallery.
- Any party seeking to use images from the Jonathan Grant Gallery website must Contact Us before proceeding.
- Artists have the moral right to be identified as the maker of a work and to object to false attribution or derogatory treatment of their work.
- Any image/text should be accompanied by a citation giving details of the artwork, the artist’s/author’s name and Jonathan Grant Gallery should be acknowledged as the source of the image. The integrity of the image must be maintained. It must be reproduced in full without any cropping or electronic manipulation.
For the avoidance of doubt, the sale of an artwork does not transfer or assign or license any copyright or other intellectual property right to you. During the period in which the Work is protected by copyright, the copyright remains with the artist (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication or do any other act restricted by copyright, If such rights are sought, you should contact the copyright owner.
TERMS OF SALE
1.Ownership and property in the works described on a Jonathan Grant Gallery tax invoice/statement will not pass to the Purchaser until the Purchaser has paid the full purchase price for the works to Jonathan Grant Gallery. Until full payment is received the purchaser hereby grants and the gallery shall have a purchase money security interest in the works and the works will be held by the Purchaser on the behalf of the Gallery in a fiduciary capacity as Bailee. The Purchaser will if required by the Gallery store or identify the works in such a manner that they are identified as property of the Gallery. Until the purchase price has been paid in full the Purchaser irrevocably authorises the gallery and its agents and employees the right and licence to enter any premises or site where it is believed that the works may be and to remove the works without in any way being liable to the Purchaser and the Purchaser will indemnify the Gallery in respect of any claim arising from proper exercise of this right and licence. Should the Purchaser sell the works or any of them to a party prior to payment of the purchase price then the proceeds of resale up to the amount of the purchase price owing shall be subject to the same purchase money security interest and shall be held in trust for the Gallery by the Purchaser.
2. Unless other arrangements have been agreed between the Gallery and the Purchaser and recorded on an Jonathan Grant Gallery Invoice/Statement, payment for the works identified on this Invoice/Statement is due in full within 7 days following the date of invoicing. Interest may be charged on any balance of purchase price unpaid by the due date at the rate of 12% per annum assessed on the amount from time to time unpaid. The Purchaser shall also be liable for all costs of repossession or enforcement of payment including legal costs to the Gallery.
3. Delivery of the works will be deemed to have taken place when the works are uplifted by the Purchaser or the Purchaser’s agent from the Gallery or (in the case of delivery by the Gallery) when the works are received at the Purchaser’s delivery address. The Purchaser shall be responsible for inspection of the works at the time of delivery. The works shall be deemed to have been delivered complete and in the condition inspected at the time of the agreement to purchase (or, to take delivery on “Sale or Return” basis) unless the Purchaser notifies the Gallery immediately after physical delivery. No claim of non-delivery or damage will otherwise by accepted by the Gallery. In the event of any damage to or deterioration of works which are returned, the Purchaser will be liable to compensate the Gallery for the loss of value to the works and the Gallery’s reasonable determination of the amount of that loss will be binding on the Purchaser.
4. The risk in the works will pass to the purchaser on delivery and the Purchaser will be responsible for safe-guarding and insuring the works.
5. All works are sold with unconditional guarantee as to authenticity and with such warranty as to origin and condition as may be given by the Gallery in writing. All other warranties are excluded. The Gallery will not be liable for any oral representation not included within the written warranty (if any). The liability of the Gallery whether in contract, tort or otherwise arising from any breach of obligation by the Gallery shall not in any event exceed the purchase price of the works and the Gallery shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever.
EXPORT AND LOCAL TAXES
If a Work is to be exported from New Zealand we will make appropriate arrangements for export and shipment and may make a reasonable additional charge for doing so. Unless agreed otherwise in writing, the agreement is not conditional upon the granting of any requisite export license or permission which both parties will use their best endeavours to obtain.
Each part will to the extent such obligation is applicable to that party in connection with the sale and/or export of the Work:
- Comply with all requirements of any relevant tax authorities
- Obtain all the relevant documents showing proof of export without delay
- You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or use tax that have to be paid in the country of destination wether on shipment or on import or at any other time.
Works are marked as SOLD on our web site once the sale of the work is confirmed. However, we cannot guarantee the availability of any particular item.