Terms and Conditions

List of definitions

  1. "Seller", "we", "us" or "ArtThou" means ArtThou Enterprise Ltd, registered in England, No: 10863006

  2. "Buyer" means the person who's name is printed on the Order

  3. "Contract" means the order and order confirmation (incorporating any special conditions)

  4. "Defective" means containing a fault or defect

  5. "Artworks" means the goods or services which the Seller is to sell in relation with these Terms and Conditions

  6. "Order" means the Buyer's Order for artworks or services

  7. "Price" means the price together excluding postage and packing in force at the date and time of the Order

  8. "Receipt" means the date when the Order has been delivered to the buyer

  9. "Medium" means the principle materials used in an artwork

Introduction

By accessing and using this website , you accept and agree to be bound by the terms and provision of this agreement and the Privacy Policy. In addition, when using this website's particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. Any participation in this site will constitute acceptance of this agreement. If you do not agree to abide by the above, please to not use this website.

General

Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

The headings in these conditions are for convenience only and will not affect their interpretation.

These terms and conditions of use and your use of the services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these terms and conditions of use.

Copyright

The website is All Rights Reserved. We give you permission to use the website as explained in the Terms, so long as you do not copy or distribute any of the information of the website in any medium with ArtThou prior consent through written approval. You will not alter or modify any part of the content of the website. You agree to the terms set out in this document. Your use of the website is solely for your personal use.

ArtThou reserves the right at any time to modify or discontinue, temporarily or permanently, the website (or any part there of). ArtThou shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Disclaiming Accuracy of information

This site and its components are offered for informational purposes only. This site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

Termination

ArtThou may, under certain circumstances and without prior notice, immediately terminate your membership account and access to the website private pages, or the Private viewing rooms.

Business Transfer

ArtThou regards its databases of customer information as a valuable asset. In the event that ArtThou, or substantially all of our assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganisation, consolidation or liquidation, such databases containing personal information may be one of the transferred assets. In using the Services you consent to such transfer of your Personal Information.

Bots

You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the website in a manner that sends more request messages to the ArtThou servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. ArtThou grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ArtThou reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

Membership Access

When creating an registering a new account, you must use your truthful personal information. You can not use someone else's user profile without permission. You are fully responsible for the activity that occurs on your account, and keep your account password secure. You agree to notify ArtThou of any misuse or unauthorised use of your password and account. ArtThou cannot and will not be liable for any damage arising from your failure to comply with this section. By registering with the website, you recognised that you are of legal age to form a binding contract and are not a person barred by any law from using this website. You agree to provide true, accurate and current and complete information about yourself in all required fields. If any information changes you agree to update it.

Mailing List

When registering to access the viewing rooms or when you add or complete any form which require the input of an email address, on any pages on the website, you agree to receive monthly emails from ArtThou. You may unsubscribe at any time if you no longer wish to receive update and informations about new artworks, artists, and galleries we are collaborating with.

Purchasing artworks

Upon providing us with details of the Payment Card and submitting the Order you :

Confirm and undertake that the information contained within the order is true and accurate and that you are duly authorised to use the Payment Card; and authorise us to deduct from the payment card account the full price of the artworks and all other payments which may become due to us under the contract. If it is not possible to obtain full payment for the artworks from your account on delivery of the artworks to you, we can cancel the order or suspend any further deliveries to you. This does not affect any other rights we may have. In special circumstances we allow our client to pay for their artworks over a series of instalments, however this must be agreed at the point of sale

Price and payment

The price of the artworks shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that. If we accept an order from you the price for the artwork will be the price set out in the relevant range at the time the order is placed, inclusive of UK VAT.

The price estimate of the artwork is a reflection of the price expected sale value, this will be mostly used for artworks which are simultaneously being should physically at the ArtThou premises, or at non-exclusive exhibitions.

As a guideline, the price shown at the physical space and of this space may different in amount. Typically a larger some at the physcial space to account for the services associated with hosting such an artwork.

If the price of the artwork increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.

The price of the artworks will in most cases include insured postage or packaging across Europe. However this should be clarified at the point of sale.

Orders and specifications

All artworks offered for sale are subject to availability and subject to the original vendor (the artist or their representative gallery) acceptance of the order.

ArtThou reserves the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by the ArtThou unless and until it is confirmed unconditionally by the ArtThou in the Order Confirmation.

ArtThou has a policy of continuous artistic development with the Artists and Curators we work with and reserves the right to amend the specifications of any of the artworks without prior notice. Additionally, given the bespoke, hand crafted nature of many of the artworks sold on this site, the exact size of artworks may alter slightly from piece to piece and from the official Goods dimensions listed on the Artworks website (As a guideline, this refers to none geomtric artworks, typically not paintings.

ArtThou endeavours to display and describe as accurately as possible the printed colours of the artworks which appear on its website, but cannot undertake to give any assurance that the colours of artworks supplied will exactly match those displayed on the Buyer's monitor or home printing device.

Acknowledgement of Order

We shall sell to you and you shall purchase only those artworks which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.

These terms and conditions, and any rights and licenses granted here, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by ArtThou without restriction.

No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

No variation to these conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

Once you have completed your order you will be sent an e-mail confirmation. It will state a description of the artwork(s) ordered, the total cost including VAT (where appropriate) and Post & Packing fees, together with delivery and invoice details. If for any reason your order cannot be processed, a member of the team will contact you to explain the nature of the issue.

Framing

All framing sold with a artwork by ArtThou is non-refundable. If the order includes a frame supplied by ArtThou, the price of the frame is taken into account. Where artworks are unframed, buyers may request at an additional cost, the service of framing.

ArtThou will not be held liable for any damage to any goods caused anytime after receipt of the order. ArtThou will not be able to accept any returns of artworks that have been damaged after receipt

Risk of damage and transfer of goods

As soon as we have delivered the goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.

Notwithstanding delivery and the passing of risk in the artworks, or any other provision of these conditions, the property in the artworks shall not pass to you until we have received in cash or cleared funds payment in full of the price of the artworks.

Artworks supplied to you are not for resale without notifying the original vender in accordance to the Resale Royalty Right of Visual Art Act 2009.

Delivery of goods

Delivery of the artworks shall be made by us or our carrier to the address for delivery shown in the order form. It is important that this address is accurate. Once the Artworks have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence will cease upon delivery.

We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. Sometimes artworks may be on view in an non exclusive sales exhibition or show for a set period of time. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.

If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.

If we fail for any reason within our control to fully/partially deliver your artwork any reimbursement shall be no more than the price of the artwork, together with any delivery and/or reasonable return costs.

Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.

International Shipping

If your delivery address is not within the United Kingdom, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; ArtThou advises each customer to contact their local customs office for further information. 

You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Cancellations / Returns

Your statutory rights as a consumer are not affected if, for any reason, you wish to return goods bought from ArtThou Enterprise Ltd.

Governing Law and Jurisdiction 

These Terms shall be governed by and construed in accordance with English Law and agree to submit to the exclusive jurisdiction of the English courts.