Please read these Terms and Conditions (and those regarding sale) carefully before using our Service and only proceed with your purchase if you wish to be bound by them.
Interpretations & Acknowledgements
These Terms and Conditions apply to all legal relationships between Collette Gallery, hereafter referred to as 'the Gallery', and the customer ('the Customer', 'you', 'your'). They constitute the entire agreement and understanding ('Agreement') about the sale and purchase ('Order') of the works of art ('Work', 'Works') for the price ('Price') stated on the invoice being the agreed Price for the sale of the Work to you through www.Collette.art ('Website') and direct from the Gallery, with both the Gallery and the Website inclusively referred to below as 'Services.'
Likewise, the following Terms and Conditions govern your use of this Website, and by doing so, you accept and agree to these Terms and Conditions and the Gallery's Privacy Policy and Cookie Policy. If you provide the Gallery with any information or content, including registration information, you agree that we may use such information and content as permitted by these policies. By using the Website, you also represent that you are over 18, as the Gallery does not allow those under 18 to use its Website. If you do not agree to these Terms and Conditions, you are not granted permission to access or use this Website and must exit.
Artworks
The Gallery is dedicated to providing accurate information about the Works. Any statement, whether oral or written, about the authorship, origin, date, age, authenticity, source, provenance, and condition of a Work, is made to the best of our knowledge and with due observance of the rules of expertise and good professional conduct. We strive to use best practices generally accepted in the art trade when making such statements, giving you the confidence that you are well-informed about the artworks you are interested in.
Unless explicitly stated by the Gallery, these statements are of a fluid and malleable nature, and thus the knowledge stated about the Works for sale at the Gallery and qualities of the Works may change due to new insights based on later developments in research, technology, or other clarifications. Given the occasional fallibility of such practices (as described below in these Terms), the Gallery recommends that you seek advice on these matters from independent professional advisors.
The artist or the artist's representative retains all intellectual property rights in the Work. The Gallery respects and upholds these rights without limitation, under the Copyright Act of 1976, U.S.C. §101 et seq., or similar laws under other jurisdictions. For any use of reproductions of the Work, you shall seek permission from the Gallery or the appropriate authorized representative of the artist's copyright rights and direct all third parties to do the same. This respect for the artists' rights is a fundamental part of the Gallery’s business practices, and it encourages its customers to uphold these rights as well.
Placing Orders
All orders made through the Services are subject to our acceptance, and the Gallery will not be obligated to fulfill any order unless and until you have completed the checkout and payment process and the Gallery has accepted the Order. Orders are subject to product availability, and it is the Gallery's sole discretion to cancel or refrain from processing an order for any reason, including if the Work is out of stock, suspicions of fraudulent orders, sales of additional units to the same Customer, pricing errors, or other circumstances that may compromise the integrity of the sale process. If your Order is processed, the Gallery will send a confirmation email with your order number, a summary of the items ordered, and pricing details.
If you purchase Work on the Services, you:
- Represent and warrant that you are at least eighteen years of age or older.
- Provide us with truthful, correct, and complete payment information.
- Represent that you are duly authorized to use such payment method for the purchase.
You further agree that all charges incurred by you will be honored by your credit or debit card company (if applicable), including all applicable taxes. If the Gallery does not receive payment from your credit or debit card issuer or its agents, you will pay all amounts due promptly upon our first demand. Failure to make prompt payment may result in the cancellation of your order and potential legal action to recover the outstanding amount.
Acceptance of your Order and the formation of a contract of sale between you and the Gallery concerning the Work will not take place unless and until you have received this order confirmation email and your method of payment is charged. If your Order is canceled or any of the conditions of sale are not met, the Gallery will notify you using the information provided when placing your Order, and the contract of sale between you and the Gallery will be canceled.
All sales of Works by the Gallery are subject to these Terms and Conditions, and acceptance of these terms shall be demonstrated:
- By your signature or that of your agent on the invoice, which will serve as a formal acknowledgment of your acceptance of these terms.
- By your submission of the full payment price.
- By any other words or conduct demonstrating your or your representative's acceptance (for example, by you or your representative accepting our offer to sell the Work to you, which offer will always be subject to these terms).
- By your active participation in the acceptance process, including your signature or that of your representative on the delivery note.
Works offered for sale through the Services, and particularly through the Website's e-commerce portion, are provided by the Gallery. By placing an order for Work on the Services, you warrant that you are legally capable of entering into binding contracts, and you accept and agree to these Terms and Conditions and the Gallery's Privacy Policy.
These Terms and Conditions constitute a binding agreement that governs your purchase, and which may be updated at any time by posting updates on the Website. You will know if these Terms and Conditions have been revised since your last visit by referring to the "Last Modified" date at the bottom of this page. By placing an order using our Services after the date of the posted changes, you are acknowledging that you understand and agree to the changes. The Gallery respects your right to disagree with the current Terms, and your sole and exclusive remedy in such a case is to refrain from placing an order.
Artwork Sales
The representations and warranties in this section, "Artwork Sales”, are solely for the benefit of the original purchaser of record. They may not be transferred to any third party other than as expressly provided.
We represent and warrant to you that:
- Works offered for sale by the Services are authentic, providing you with the confidence that you are purchasing genuine artwork.
- The Gallery is authorized to sell the Works through these services and to make the representations and warranties outlined in these Terms and Conditions.
- Upon receipt of cleared payment in full by the Gallery, title to and right to possession of the Work will pass to you free of any liens, claims, or encumbrances of any kind (except otherwise outlined by copyright laws in your respective jurisdiction).
If you purchase Artwork on the Services:
- You represent and warrant that you are at least eighteen (18) years of age or older.
- You will provide us with truthful, correct, and complete payment information.
- You represent that you are duly authorized to use such payment method for the purchase.
- Charges incurred by you will be honored by your credit or debit card company (if applicable).
- You will pay charges incurred by you at the posted prices, including all applicable taxes. If the Gallery does not receive payment from your credit or debit card issuer or its agents, you will pay all amounts due promptly upon our first demand.
Works on the Services are being sold 'as-is', on a 'with all faults' basis. You are responsible for reviewing all of the information provided about a Work before placing an Order, including but not limited to any information about a Work's physical condition. Although we strive to provide accurate descriptions and images of Works available on the Service, we do not warrant that the descriptions and images are complete, accurate, current, reliable, or error-free. We are not responsible for independently verifying or investigating the condition or quality of any Work offered for sale via the Services.
The Gallery does to provide any warranty, representation, or guarantee, express or implied, to you concerning the Work or Services, including but not limited to those about quality, rarity, condition, provenance, merchantability, size, fitness for a particular purpose, importance, artist, historical significance, exhibitions, literature, or as to whether you will acquire any intellectual property right or reproduction right in any Work (outside of established copyright laws), and no statement on the Website or otherwise made by the Gallery whether written or oral, shall be deemed to be any such guarantee, warranty, or representation.
The Gallery may pay a commission to ourselves or any party who has assisted us with the sale of the Work to you or who has introduced you to us. You agree that we are not required to disclose this commission to you.
Pricing Policy
The Gallery endeavors to use reasonable efforts to provide accurate pricing information for Works available on the Services, but does not guarantee that pricing will be free of errors. We are not responsible for typographical or other pricing errors.
If there is a pricing error related to your Order, we will notify you using the information you provide when placing your Order. You will have the option to either cancel the Order or confirm the Order at the corrected product pricing. Please note that we reserve the right to cancel any order if a pricing error has occurred. All prices listed on the Website are in U.S. Dollars and are subject to change without notice. The listed prices do not include taxes or charges for shipping and handling. For 'Buy Now' Works, a Virginia state tax will be added during the checkout process, as they are being sold from our Virginia location.
The Gallery reserves the right to revise its prices at any time before accepting an Order. This means that the price you see when you place your Order may change before we accept it. The Gallery may also modify the Prices quoted after receiving an Order in the event of any occurrence affecting delivery, such as government action, variations in customs duties, increased shipping charges, higher foreign exchange costs, or any other matter beyond the Gallery's control. In that event, you will have the right to cancel Your Order.
The prices listed do not include shipping, and you are solely responsible for shipping costs, inclusive of any VAT-related costs (where applicable). For international shipping, orders are Delivered Duties Unpaid (DDU). We do not charge you for import duties and applicable taxes; instead, the shipping carrier will forward the invoice for those charges to you separately.
Given the nature of e-commerce, the Gallery is unable to accept or verify resale certificates. We suggest that you use a third-party service to apply for a tax refund if applicable. The Gallery is happy to provide you with suggestions for third-party services that can help reclaim these costs, as well as to art advisors who would like to use a resale certificate. To apply for a tax refund, you typically need to submit the necessary documents to the relevant tax authority. You are responsible for paying all applicable sales and use taxes, VAT, export/import taxes and duties, and all transactional taxes or levies relating to each Work you purchase.
Payments
All Works purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, and American Express. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required approval, the Gallery will not be liable for any delay or non-delivery of your Order.
The Gallery is entitled to retain the Work until all amounts due to the Gallery have been received in full in cleared funds, and/or until the Customer has performed any other outstanding obligations the Gallery can reasonably require. Shipping costs, import and export duties, costs for packing and insurance are for the account of the Customer, unless otherwise agreed upon in writing.
Suppose you wish to place an Order for Works available on the Service. In that case, you may be asked to supply certain information relevant to your Order, including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that:
- You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order, and you agree that the information you supply to us is accurate, correct, and complete.
- By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.
When you use the Website to purchase a Work and complete the checkout process via the 'Buy Now' button, you agree that you have made a binding commitment to purchase the Work(s) listed in your Order and will pay the total listed Price in full via your provided payment method.
By placing an order, you authorize the Gallery and its third-party service providers to immediately charge your selected payment method for all amounts listed on the checkout page. Please note that our third-party service providers (Stripe, etc.) may have additional rules and policies for processing payments posted on their websites and may update such regulations and policies without giving notice to the Gallery.
You must pay us the Price for the Work, together with any delivery costs and VAT (where applicable), and any amounts payable to the Gallery by bank transfer or such other methods as agreed, within five business days of the date of the invoice (unless specified otherwise on the invoice or statement). Payment is deemed received when the funds have cleared, and if you fail to make payment within five business days, you agree that the Gallery may cancel the sale.
It is crucial to note that you are not entitled to withhold payment of any amount payable to the Gallery due to a dispute or claim by you. In the event of non-payment or breach, the Gallery reserves the right to obtain and enforce judgment without determination of any claims by you. This underscores the importance of timely and full payment. Any Work you purchase through the Services is for your account and for which you are the ultimate purchaser of any such products, and you represent and warrant that:
You have no knowledge or reason to suspect that you are under investigation, charged with, or have been convicted of any substantive or predicate money laundering crime, terrorist activity, or act in violation of any anti-bribery or anti-corruption law (including the U.S. Foreign Corrupt Practices Act). You are not subject to trade sanctions, embargoes or restrictions in any jurisdiction (as a "Sanctioned Person"), nor are you owned or controlled by a Sanctioned Person, a Sanctioned Person will fund none of the amounts you pay the Gallery, nor will any party involved in the transaction, including financial institutions, be a Sectioned Person or owned or controlled by a Sanctioned Person.
The Gallery respects your privacy and security while reserving the right to require presentation of documents as it may need to confirm your identity. Personal data obtained by a business under the regulations may only be processed for the prevention of money laundering and terrorist financing, with your consent, or as allowed by other legislation.
Collection and Shipping
As the buyer, you play a crucial role in the collection and shipping process. The Gallery and its affiliates will deliver the Work (s) to the address both parties have agreed to in writing, unless it is agreed in writing that you should collect it from the Gallery. You shall provide the Gallery with all necessary information and documentation to facilitate delivery. You are responsible for all costs of delivery or collection unless agreed otherwise in writing. Dates quoted for delivery are approximate, and we shall not be liable for delay.
Unless otherwise agreed by the Gallery in writing, all sold property must be removed for delivery or by pick up from the Gallery by you at your expense no later than 30 days following its sale. Works that have not been collected for delivery or pickup after 30 days may incur a storage fee. If you fail to accept the Work upon delivery at the agreed time, the Gallery retains the right to charge you for insurance and re-delivery. All risk in the Work shall immediately pass to you, and you irrevocably authorize the Gallery to deposit the Work with you if delivery has not occurred within six months.
The carriers that we currently work with ship within the continental U.S., Hawaii, and Alaska, in addition to over 120 countries and territories worldwide. However, cost and timing will depend on the location. We are not liable for any loss or damage caused by a delay in shipment or by the acts or omissions of our shipping carriers, including packing, handling, or shipping. Please note that we are not able to ship products to specific destinations, including any country that is currently subject to a U.S. embargo, sanction, or other export controls.
Works that are delivered or made available to you by the Gallery remain the full and unconditional property of the Gallery until the Gallery has been paid the full due amount in cleared funds. At this time, the Gallery shall arrange for the Work to be delivered to you, and you will be responsible for insuring the Work alongside its delivery charges. At that time, the risk and responsibility for the Work (including frames) pass to you, and at such time that you will not hold the Gallery responsible for any loss or damage to the Work during collection and transit. If damage occurs during this shipping, you can then file a claim directly with your insurer. Any loss or damage before the arrangement of delivery shall be covered by the terms of the Gallery's insurance. This provides you with a safety net, ensuring that you shall have no liability for loss of profit, business, revenue, or incidental, consequential, or exemplary damages.
Certain Works offered on the Services may require customs, cultural, and regulated species permits for export from the U.S. and/or import into your country, or may be subject to a right of purchase of the country of export/origin of your purchase. We are not responsible for, and do not make any representation or warranty regarding, the requirement for, or the availability or issuance of, valid export/import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere. It is your sole responsibility to identify and, in the case of permits, obtain them, if necessary.
When, upon its sale to you, the Work is intended for export, you will be charged for VAT on the Work should it not be exported. 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, whether on shipment, import, or at any other time. In coordinating delivery and/or export of the Work, each party will (to the extent such obligation is applicable):
Comply with all requirements of any relevant tax authorities (that is, any authority imposing, administering or collecting any tax, duty or levy, including HM Revenue and Customs), any export licensing authorities and any other relevant official bodies.
- Obtain all the relevant documents showing proof of export without delay.
- You will reimburse us any sum claimed if any relevant tax authority or other official body makes any claim against us for VAT, sales tax, use tax, or any other expense or penalties resulting from your failure to comply with any relevant requirements for export and import.
Order Cancellation
These Terms and Conditions outline your right to cancel an Order, while the Gallery reserves the right to refuse or cancel your Order at any time for specific reasons, including but not limited to:
- The availability of a Work.
- Errors in the description or prices for a Work.
- Errors in your Order.
We take our responsibility to you seriously. If fraud or an unauthorized or illegal transaction is suspected, we reserve the right to refuse or cancel your Order. We also have the obligation to inform you if an adverse claim is made by a third party, including but not limited to someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us, and we will then refund the Price paid. The refund of the Price paid will constitute your sole remedy and recourse against us concerning such claims.
If you fail to pay the Price in full, or if you fail to do anything which may imperil our ownership of the Work, we are entitled to take certain actions without prejudice to our other rights and remedies at law.
- Terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; and/or charge you interest on the amount unpaid from the date when payment was due until payment is made in full; and/or retain any sums paid; and/or to further seek to mitigate the loss by selling the Work on such terms as we may reasonably consider appropriate and to claim the balance from you.
- At our discretion, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the Price
- You have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work.
We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, (1) proceedings occur in the UK or elsewhere involving your solvency (or if you are more than one person, jointly and/or severally) or (2) we reasonably apprehend that insolvency is about to occur about you or otherwise have genuine doubt concerning your capacity to pay the Price in full, then we or our agent may, at our option, immediately repossess the Work and/or terminate the sale with or without notice whereupon, without prejudice to any other rights and remedies available to us, you will return the Work to our nominated address (at your sole risk and cost), or, at our option, we or our agent may enter the premises where the Work is kept to regain possession. Nothing herein shall limit other rights available to us under applicable law.
Where we notify you of the exercise of our right to repossession, we will provide clear instructions. At our option, you will within seven days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items).
Certain Works that you purchase through the Services may be subject to additional Terms and Conditions, which can be applied at the Gallery's sole discretion.
Return Policy
This Returns Policy, as part of these Terms and Conditions, applies to any Works you purchase through the Services. Works can only be returned as stated in these Terms unless otherwise agreed between you and the Gallery before purchase. When you wish to initiate a return, please send an email to info@collette.art with the subject line 'Return Authorization'. In this email, please include the following details:
- Use the subject line 'Return Authorization.'
- Refer to the order number, artist's name, and name of the Work in your email.
- Include the reason for the return and, if you believe that the Work arrived damaged, images of the Work's condition and packaging.
Once we review your return request, the Gallery, committed to providing excellent customer service, will be in touch during regular business hours to assist you with your concern. If you decide to proceed with a return after the Gallery has responded to you and provided authorization, it is crucial that you respond within two business days from the day you received the initial response from the Gallery. Failure to do so may result in the Gallery being unable to accommodate your return request or reports of issues with a Work sent to us after two business days of delivery.
As soon as possible, but within 14 days from the day following the authorization, you, as the customer, must return the Work to the Gallery, in the original state and packaging, according to the instructions provided by the Gallery. This ensures that the works are returned in the same condition as you received them and should also include all of the product's instructions, documents, and wrappings. The costs of returning the Work are at your expense, giving you control over the return process.
Upon receiving the returned Work, the Gallery will inspect it to ensure it is in the same condition as when it was shipped. Please note that you will be responsible for professional art packing and shipping the Work back to the Gallery. All returned Work will be inspected upon receipt for authenticity and condition. You are liable for any diminished value of the Work, other than what is necessary to establish the nature and characteristics of the Work, resulting from handling the Work. The Gallery reserves the right to decline any return or deduct the value of any damages assessed from the total amount credited, up to 100% if the Work can no longer be sold. The Gallery will not repay the purchase Price until it has received the Work, or you can prove that the Work has been returned in the same condition as received from the Gallery.
The Gallery will reimburse you no later than 14 days from the day on which it receives the returned Work. The Gallery will use the same means of payment as you used for the Order, and you will not incur any processing fees for such reimbursement. The cost of insured return shipping and a 10% restocking fee will be deducted from the credit by the Gallery, while the cost of shipping the Work to you is non-refundable. International clients, please note that import duties and value-added taxes (VAT) cannot be recovered if you return a shipped Work.
You will not have any right to cancel an Order that includes the following:
- Works made or framed to your specifications or personalized.
- Works which, according to their nature, are not suitable to be returned, deteriorate rapidly, or where the date of expiry is over.
- Works that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Works that, after delivery, are inseparably mixed with other items according to their nature.
- Digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of cancellation right.
Availability, Errors, and Inaccuracies
The Gallery is constantly updating its offerings of Works on the Service. The Works available on the Service may be mis-priced, described inaccurately, or unavailable, and the Gallery may experience delays in updating information regarding its Works on the Service and in its advertising on other websites. The Gallery cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services, and reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We do not accept any liability as a result of any changes in expert opinion which may take place after the sale. Where provenance is stated, we may rely on details provided to us by other reputable dealers, auction houses, and other expert bodies, and details passed on to us by our clients from such entities, without needing to make an independent investigation ourselves. Sizes are approximate, even if not stated to be so. We will refund the purchase price of a work if, within one year, you provide us with a letter written by an acknowledged expert in the artist stating that the Work is not authentic (subject to any such diminution in value you may have caused to such Work).
Likewise, the Gallery is not responsible for and does not guarantee the accuracy or completeness of any Website Proprietary Content or other items contained within the Website. We reserve the right to immediately remove or make changes to any Website Proprietary Contents for any reason or no reason in our sole discretion. We provide the Website on an "as is" basis. Your use of the Website is at your own risk.
Trademarks
The names, titles, trademarks, service marks, and logos that appear on the Website are registered and unregistered marks of Collette Gallery (the "Trademarks"). You may not use the Trademarks without the Gallery's prior, written permission. The trademarks of third parties may also appear on the Website from time to time; you may not use these trademarks without the prior written consent of their respective owners.
Links to Other Websites
The Website may contain links to third-party websites or services that are not owned or controlled by the Gallery. The Gallery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Website, you further acknowledge and agree that the Gallery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. The Gallery therefore advises you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Mailing List
As a service, the Gallery offers visitors to the Website the opportunity to subscribe to its mailing list. In subscribing, you will be asked to submit your name and email address (the "Subscriber Information"), and this information shall be subject to our Privacy Policy and Cookie Policy. You acknowledge and agree that you are solely responsible for the accuracy of your Subscriber Information. You have the power to use the Website without registering or submitting any personally identifiable information, and you may subscribe or unsubscribe to the mailing list at any time by clicking "Unsubscribe" on a received email or by contacting the Gallery.
Termination
We may terminate or suspend your access to Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms and Conditions. Upon termination, your right to use the Services will cease immediately.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Gallery and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount paid by you through the Services or 100 USD if you haven't purchased anything through the Services. This limitation is fair and ensures that you are not unduly burdened in the event of any issues.
To the maximum extent permitted by applicable law, in no event shall the Gallery or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. The Gallery will be liable only in case of intentional violation of, or gross negligence in the execution of the Agreement. As from the moment when the Work is no longer the property of the Gallery, the Gallery no longer has any responsibility for damage or defects to the Work caused through the fault, or by the actions, of the Customer or third parties, or by exterior causes.
The Gallery shall not be liable towards the Customer for any loss, damage, or theft (with or without forcible entry) irrespective of the nature or the cause thereof, of a Work already sold but not yet delivered, except if this loss, damage or theft is covered by the insurance taken by the Gallery, or in the case of gross negligence or intention on the part of the Gallery. And if and insofar as the Gallery might be liable towards the Buyer and no insurance taken by the Gallery grants cover, liability shall be limited to an amount equal to the purchase sum.
Any claim against the Gallery must be brought within a period of six years from the date of the invoice for the Work or, if we have been guilty of any fraud or deliberately concealed a relevant fact about the Work within six years after you have discovered this, or could have discovered it if you were reasonably diligent. The Gallery shall not accept any claim after these periods and shall not be liable for loss of profits, business, revenue (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you by the Gallery for breach of these obligations, whether in contract, tort (including negligence) or otherwise, shall be limited to the Price paid for the Work, and excluding liability for one or all of the following:
- Death or personal injury caused by the Gallery's negligence.
- Fraud or fraudulent misrepresentation.
- Our willful default.
If you are dissatisfied with the Website, or with any of these Terms and Conditions, or feel we have breached these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website. We will not be responsible to you for any delay or failure in performance under these Terms if and to the extent caused by or results from circumstances or actions beyond our reasonable control or that makes performance impracticable, including fire, flood, earthquake, other natural disaster, act of God, governmental action, war, invasion, hostilities, explosion, terrorist threat or action, riot, civil unrest, national emergency, revolution, insurrection, public health emergency, epidemic, disease outbreak, lockouts, strikes or other labor disputes, supplier or carrier delay, telecommunication or power outage, nuclear or chemical contamination, or other condition that threatens the safety, life or health of our personnel, customers or service providers, as determined by Company in its reasonable discretion (any of the foregoing a "Force Majeure Event"). Your safety and well-being are our top priority.
Suppose we are prevented from or delayed in performing any of our obligations by a Force Majeure Event. In that case, we shall promptly notify you and recommence performance when and to the extent possible without unreasonable delay. Further, if a Force Majeure Event materially impedes or interferes with our ability to perform our obligations relating to the sale of the Artwork we may, unless you object in writing within 14 days of our notice to you, modify our obligations relating to the sale of the Artwork in various ways, including, without limitation, rescheduling the sale of the Artwork.
You shall indemnify, defend and hold the Protected Entities harmless against any claims, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of or incurred in connection with your use of the Website or products or services obtained through the Website, your fraud, violation of law, negligence or willful misconduct, or any breach by you of these Terms and Conditions.
Where applicable, we may provide you with written instructions on the proper installation and maintenance of the Work. Suppose the Work is installed in an area where extreme weather events can occur. In that case, you should contact the Gallery, and we will assist you in determining if any special care or precautions are appropriate. You undertake to exercise reasonable care to protect, repair, and maintain the Work in a manner consistent with such instructions and waive any liability to the Gallery for such autonomous remedy.
Passing of Ownership
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 to the Work and any other amount owed by you to us, and we are satisfied as to your identity and that of any third-party payer. In some cases, the Gallery acts as an agent, selling Work (s) on behalf of a Seller through a Consignment Agreement. In these cases, the Gallery can only transfer legal title of the Work (s) after the Seller gives consent. The Customer will not acquire legal title to the Work (s) until the Gallery obtains consent and the selling price is paid in full. The Gallery undertakes to keep the Works it is given in consignment with due care and professional diligence.
We confirm that to the best of our knowledge, we either own the Work or are authorized to sell it on behalf of the owner. Any terms to the contrary, or any terms and conditions applied by the Customer, are valid only insofar as they have been expressly accepted by the Gallery, in writing, and only for the legal relationship in respect of which they are received.
'As Is' Disclaimer
The Customer accepts the Work in the actual state at the time of purchase, or in the state described in the contract, if such is the case. The Customer accepts the qualities of the Work that were known or reasonably should have been known at the time of the sale. For this reason, condition reports are available upon request. They should be examined before purchase, after which any deterioration in the state of the Work taking place after the date of purchase is for the account and risk of the Customer. The 'As Is 'Disclaimer means that the Gallery does not provide any warranties or guarantees regarding the condition or quality of the Work, and the Customer is responsible for inspecting the Work before purchase.
The Gallery shall make any statement (including condition reports), whether oral or in writing, concerning the physical nature or condition of a Work, to the best of its knowledge, with due observance of the rules of expertise and good professional conduct. The nature of the Works for sale at the Gallery - amongst others, Works obtained or consigned from the secondary market - is such that it is likely they have been the subject of (professional) restoration and/or repair, such as, for example, re-panelling and re-lining. Actions known to the Gallery shall be documented in the condition report, while unknown restorations and repairs shall be undocumented. The Gallery recommends that the Customer seek advice on these matters from independent professional advisors.
Governing Law
The laws of the U.S. shall govern these Terms and Conditions and your use of the Services. The relation between Customer and/or other third parties and the Gallery shall be exclusively governed by U.S. law. All disputes arising from any legal relationship governed by these Terms and Conditions shall be presided over by the relevant U.S. courts, and by proxy, the laws, legal proceedings, and protocols of the State of Virginia. This means that any legal disputes or issues will be handled according to the laws and court systems of the United States, specifically the State of Virginia.
The location of any sale made by the Gallery is set as the U.S., and the date of any sale made by the Gallery is set as the date mentioned on the invoice. These Terms shall be interpreted under and governed by the laws of the State of Virginia, with any suit or other proceeding relating to these Terms to be filed or entered into only in the federal or state courts located in Fairfax County, Virginia, and the parties hereby consent to the personal jurisdiction of such courts.
By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to:
- The personal and exclusive jurisdiction of the federal and state courts located in Fairfax County and the State of Virginia in the United States of America.
- Accept service of process by personal delivery, mail, or email.
- Irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Dispute Resolution
If you have any concerns or disputes about the Service, we are here to help. We encourage you to try to resolve them informally by contacting the Gallery first. Your satisfaction is our priority, and we are committed to finding a solution that works for both parties. These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect under U.S. law. Both parties agree to submit to the exclusive jurisdiction of the State of Virginia.
Further, the Gallery may, by giving written notice to you, elect to have any disputes arising out of, or in connection with, the sale and purchase of a Work referred to a single arbitrator in the State of Virginia. Save that the parties acknowledge each other's right to seek, and the power of the court or other appropriate courts to grant, interim relief without a need to post a bond or other security, no court action shall be brought about any claim or dispute until the arbitrator has made a final award. Any dispute concerning this Agreement, as well as the Price, shall be kept confidential by you.
Both parties agree that in entering into the Agreement, we are committed to its terms. Neither party relies on, nor has any remedy in respect of, any statement, representation or warranty other than as expressly set out in the Agreement as a warranty. The only remedy for breach of any warranty shall be for breach of contract under the Agreement. We are committed to upholding the terms of the Agreement and ensuring a fair and transparent transaction.
The benefit of the Agreement and the rights thereunder shall not be assignable by you, and any attempt to assign your obligations shall be null and void. None of our obligations under this Agreement is transferable to subsequent purchasers or other future possessors of the Work. We may subcontract or assign our obligations. 16.3 In the case of a consumer contract within the meaning of the Unfair Contract Terms Act 1977, these conditions shall not apply to the extent that they would be rendered void or unenforceable by the provisions thereof.
We shall not be liable for any breach of the Agreement due to causes or events outside our reasonable control. In such circumstances, we shall be entitled to exercise our rights under clause 8.1.2. The non-performance of a person or company or other like entity to complete a sale to us of an artwork we have sold to you, shall not be a cause of any action by you; in such circumstances we will make reasonable efforts to replace such item if that is reasonably possible although often it will not be as the artwork will be unique. The parties to the contract shall act in good faith.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Under the terms of anti-money laundering regulation, the Gallery is required to conduct Customer due diligence (CDD) on all sales of works of art over EUR 10000 before the transaction is carried out. While we may agree in principle to such a sale, we will not be able to conclude (i.e., receive funds, give up possession, or transfer title) the sale until we have received all necessary CDD information from you and have been able to verify it as required by EU regulations.
United States Legal Compliance
You represent and warrant that (1) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (2) you are not listed on any United States government list of prohibited or restricted parties.
Translation Interpretation
These Terms and Conditions may have been translated for you on our Services. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
The Gallery reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact the Gallery at the information below:
Collette Gallery
2330 Dulles Station Blvd.
Suite 2214
Herndon, VA 20171
info@collette.art ✉︎
703-718-1430 ☏
Last modified: August 16, 2025