Terms & Conditions of Sale

ASHTON ESTATE FINE ART

OHL Limited (“The Seller”) operates the website www.ashtonestatefineart.co.uk. OHL Ltd is a company registered in England under company number: 1787160, Registered address: Cricket Pavilion, Ashton, Peterborough, PE8 5LF. OHL Ltd generally acts as agent for the owners of artworks, but also sells art that OHL Ltd itself owns.

Definitions

Goods: refers to the work(s) of art and or antique(s) and all other items available for sale on the website whether owned directly by OHL Ltd or owned by others. OHL Ltd will only sell works owned by others if it is authorized so to do.

Seller: refers to OHL Limited trading as Ashton Estate Fine Art

Writing: includes Email or Facsimile and of course normal, non-electronic script

Before placing an order you will be asked to agree to these Terms & Conditions. If you do not agree to the Terms & Conditions you will not be able to purchase any of our Goods and must not attempt to do so.

Customer: a person who wishes to buy or does actually buy one of the Goods.

Ordering

The Customer must send an enquiry to the Seller using the “Enquiry” button to the right of the items. Once an enquiry has been received the Seller will endeavour to confirm within 3 days by email the details, description and price for the Goods and an invoice will be attached to the email. On occasion we may take longer than 3 days to reply especially in the case where the prospective Customer requires further information.

Once a Customer has accepted the price and wishes to proceed with the purchase of the goods, the Customer must send an email to the Seller confirming that they are in agreement with the invoice. On receipt of this email the Seller will hold the item for the potential customer and allow 10 days for the Customer to confirm that full payment has been made to the Seller – no goods will be held for longer than this initial 10 day period unless agreed in writing by the Seller.

Payment of an invoice is confirmation that the Terms & Conditions of Sale have been agreed. Please see our Refund Policy below.

Description and Condition of Goods

The photographs /images of the Goods on our website are for illustrative purposes only. We cannot guarantee that colours are portrayed accurately. The Customer can (if available) request further images. Goods are purchased as is and we suggest where possible the Customer inspects the goods before purchase. The colour of the Goods may vary slightly from the images on the website – this can be for a number of reasons eg. computers display, photographs taken.

Goods are sold with all faults and imperfections and the Customer should satisfy themselves by inspection as to their condition and otherwise rely on their own judgement. Goods are not warranted fit for any particular purpose. The Customer should satisfy themselves as to the suitability of the Goods for any intended purpose. The Seller will not be responsible for any subsequent deterioration of the Goods, howsoever occasioned after the Customer has collected the items.

All statements by OHL Ltd as to the authenticity, attribution, description, date, age, provenance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.

We make reasonable efforts to be as accurate as possible with regards to sizes and general description.

While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale. The Customer may request before purchase that the Seller checks the sizes and re-confirms measurements.

Payment

Payment is always made in advance. Payment can be made by cheque made out to OHL Ltd – Holidays or by bank transfer (please request our bank details by emailing OHL Ltd at estateoffice@ashton.ohllimited.com

Cheques should be sent to the registered office address – Cricket Pavilion, Ashton, Peterborough, PE8 5LF

Payment of the total order price including delivery (where applicable) must be paid in full and confirmed by the Seller before collection or despatched.

Collection of the Goods must be arranged by the Customer and must be collected within 14 days of receipt of full payment.

All prices are in Pounds Sterling, and all payments must also be made in Pounds Sterling.

Refunds

If you have paid an invoice you have the right to cancel your order at any time and for no reason at all if the Goods have not been picked up / or despatched. Once the Goods have been picked up / or despatched they become the property and responsibility of the Customer.

The Customer must inspect the goods immediately and must notify the Seller by Email that you wish to return the goods. If you consider that goods on arrival are damaged, we request you take a photograph and send it to OHL Ltd by email immediately.

You have 30 days to return the goods to the Seller for a full refund. However, please note we are permitted by law to reduce your refund to reflect any damage caused by you to the Artwork / Goods.

Rights of the Seller

The Seller reserves the right to withdraw items for sale from the website at any time. The Seller reserves the right to amend prices and specifications of any goods on the website at any time. Any changes to prices will not affect any order you have already placed.

Collection of Goods / Delivery

At present we do not offer delivery of Goods. It is up to the Customer to arrange pick up of the Goods. A number of the old oil paintings have fragile frames and other artworks have glass fronts so we suggest the Customer arrange a reputable courier to collect the items. Items can be collected once confirmation has been sent by the Seller to the Customer that full payment has been received. For valuable and / or fragile artwork, the courier should make a condition report and take photographs.

Collection of the Goods must be arranged by the Customer and must be collected within 14 days of receipt of full payment.

All Customers on our premises for the viewing /inspection or collection of Goods (which includes without limitation any property, grounds or other) do so at their own risk and must do their own risk analysis. OHL Ltd nor OHL Ltd employees or agents shall incur liability for death or personal injury (except as required by law by reason of negligence).

Legal Title

Legal Title of the Goods will pass to you at the point of collection. Legal Title does not pass to you on payment. Until you collect the item(s), the money you have paid will be held on your behalf by OHL Ltd. Thus at no time will OHL Ltd be acting as custodian of your Goods, or act as your agent for storage.

In the unlikely event that Goods are lost or damaged prior to collection, you will be refunded 100% of the money you have paid. Thus the Sales Contract is only concluded and legally binding once you have both paid and collected the Goods.

International Delivery / International Purchases

There are restrictions on certain Artworks. It is up to the Customer to check what these restrictions / regulations are before arranging pick up of Goods. The Customer may be subject to import duties and taxes which are applied when the delivery reaches its destination. Please note that we have no control over these charges and we cannot predict their amount. It is the Customers responsibility to pay for any such import duties and taxes. We suggest you contact your local customs office before placing an order.

You must comply with all applicable laws and regulations of the country for which the Artwork / Goods are destined. We will not be liable or responsible if you break any such law. You must also comply with the laws of the exporting country (the United Kingdom).

Unless otherwise agreed in Writing by the Seller, the sale of the Goods shall not be conditional on obtaining an export licence. Failure or delay in obtaining a licence will not constitute a basis to cancel a purchase or delay payment for the Goods or any costs incurred in obtaining a licence. Obtaining any necessary licence shall be the responsibility of the Customer.

The export of works of art from the UK is governed by many laws – even exports within the EU are governed by many laws. Anyone exporting a work of art from the UK should understand and obviously follow all laws. By virtue of the legal complexities, we do not sell Goods which may be export to some destinations – not because we are responsible but because the laws are so complex. A particular concern is that goods may contain materials from protected species / materials such as butterfly wings / ivory / rosewood etc.

VAT

The price of our Artworks / Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. Items are sold using the Margin Scheme for works of art or the Margin Scheme for collectors’ items and antiques. The price listed on our website is the total price to the buyer.

Artists Resale Right (ARR)

The price of our Artworks / Goods includes ARR (where applicable) at the applicable current rate chargeable in the UK for the time being.

Resale Price (€)                   Royalty % due

From 1,000 to 50,000                         4.00%

From 50,000 to 200,000                  3.00%

From 200,000 to 350,000               1.00%

From 350,000 to 500,000              0 .50%

Over 500,000                                          0.25%

OHL Ltd is registered with the ACS (The Artists Collecting Society) and will use reasonable endeavours to remit the relevant ARR to the ACS.

Limit of Liability of the Seller

  1. The Seller is not liable for lost profits, lost business or goodwill, or any other kind of damage suffered by the Customer, including because of legal action by a third party.
  2. The Seller (OHL Limited’s) total liability is no more than the price paid for the Goods. Thus the liability is limited to the price paid for the Goods purchased by the Customer from the Seller. That is for anything connected with these terms of business for contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or anything else. The Liability disclaimer does not apply to:
  3. a death or injury due to negligence
  4. anything that cannot be restricted or excluded by English law
  5. The Seller (OHL Limited) is not liable for any loss because of information OHL Limited sends to you electronically. If, through no fault of the individual or OHL Limited, information is corrupted or modified because we’ve sent it electronically, we’re not liable for any losses you suffer.
  6. The Seller (OHL Limited) is not liable for any loss or damage caused by a third party. OHL Ltd will always use reasonable efforts to vet any third-party Sellers or contractors. The Seller does not accept any liability caused by a third party.
  7. The Customer agrees to indemnify and hold us harmless from any claims, damages, expenses, legal fees, incurred by us or arising out of or in connection with your Goods.
  8. The Customer understands not to use any of the goods for dangerous or risky or illegal purposes.
  9. The Goods may be heavy and / or fragile and we exclude all liability to you that results from your handling or installation of the Goods in your premises. If you are in any doubt about how to install the Goods you should seek professional advice.
  10. We only supply the Artworks/ Goods for domestic and private use. If you purchase the Goods for any commercial, business or resale purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  11. Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Standards of Conduct

We endeavour to behave in a fair and reasonable and rational manner, and with good faith towards the Customer. The Customer must act towards us in a fair and reasonable and rational manner, with good faith towards the Seller. Our reputation is important to us and enjoys significant value. The Customer must not without good reason damage our reputation: nonetheless all fair and proportionate comments are permitted.

Applicable Law

The Terms & Conditions and any purchases shall be governed by the laws of England and England is the applicable jurisdiction.

Viruses

Ashton Estate Fine Art / OHL Ltd makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.

Privacy Policy

The information we collect:

  • Name
  • Address (only if we have agreed to deliver the Goods to you)
  • Email address
  • Telephone number

We do not collect:

  • Credit / debit card information. Cheques are banked within one week of receipt and copies are not kept. Bank transfers are done via your bank to our bank and we do not hold your bank details.
  • We use your information only to complete an order. We do not share this information with outside parties. Your email address is only used for correspondence between the Customer and the Seller and is not used for any other purpose and is not share with outside parties. OHL Ltd reserve the right to forward on any details to any authority requesting disclosure of such information, if required to do so by law.

Copyright

All rights, including copyright and database right, in the website and its contents, are owned by OHL Limited. You may not copy, reproduce, republish, download, post, broadcast or transmit any images, graphics, logos, button, icon, image for any commercial or public purpose without prior written permission from OHL Ltd.

You are purchasing the Goods, but not the right to produce copies of the Goods (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

General

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision.

The Customer agrees that neither party shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms & Conditions.

From time to time these Terms & Conditions may be amended. Every time you order Goods from us, the Terms & Conditions in force at the time of your order will apply.