Buyers Terms and Conditions of Sale - Artscapy Ltd

1. Introduction to Artscapy Buyer Services

Welcome to Artscapy's platform. These Buyers Terms and Conditions of Sale ("Buyer Terms") constitute a legal agreement between you, a collector or individual looking to purchase artwork through our platform ("you", "your", or "Buyer") and Artscapy Limited ("Artscapy", "we", "our", or "us") governing your access to and use of our platform, products, and services (collectively, "Services") for the purpose of purchasing artwork.

By accessing or using our Services for purchasing purposes, you agree to be bound by these Buyer Terms in addition to our main Terms of Use. If you do not agree to these Buyer Terms, you are not permitted to access or use our Services for purchasing purposes. Please read these Buyer Terms carefully and contact us at info@artscapy.com if you have any questions.

Integration with Main Terms: These Buyer Terms supplement and are incorporated into our main Terms of Use and Privacy Policy. In the event of any conflict between these Buyer Terms and the main Terms of Use, these Buyer Terms shall take precedence for purchasing-related activities.

2. Legal Capacity and Authority

2.1 Personal Capacity

If you are purchasing artwork for yourself:

• You must be at least 18 years of age
• You must have legal capacity to enter binding contracts under UK law
• You must not be prohibited from contracting under applicable law

2.2 Corporate or Entity Purchases

If you are using our Services on behalf of a company, organisation, or other legal entity:

• You represent and warrant that you are authorised to bind that entity to these Terms
• The terms "you" and "your" will refer to that entity
• You must provide appropriate corporate documentation when requested

2.3 Ongoing Compliance

You are responsible for ensuring continued compliance with these Terms, which apply at the time of each order you place.

3. Platform Operations and Curated Collections

3.1 Platform Structure

Artscapy Platform:

• Curated Collections bringing together collectors, art institutions, galleries, museums, auction houses, and dealers
• Professional facilitation of artwork buying and selling transactions
• Comprehensive buyer protection and support services

3.2 Artwork Sources and Consignment

Property Types:

• Unless otherwise specified, you are purchasing consigned artworks through our platform
• All property in Curated Collections is offered for sale either through consignment arrangements with Artscapy
• Clear ownership and consignment status disclosed for each artwork

3.3 Transaction Facilitation

Our Role:

• We facilitate communication and purchase processes between buyers and sellers (consignors)
• Professional Art Advisory services support all transactions
• Secure payment processing and transaction management
• Comprehensive buyer protection and support services

3.4 Platform Integrity

Anti-Circumvention Measures:

• We monitor behaviour and communications to prevent platform circumvention
• Users attempting to avoid platform services and commission charges may face restrictions
• Contact information sharing across the platform is controlled to ensure transaction security
• All transactions should be completed through our official Services

4. Artwork Standards and Authenticity

4.1 Authenticity Due Diligence

Our Services:

• Artscapy facilitates comprehensive due diligence on artwork authenticity
• Professional authentication services and expert verification
• Provenance research and documentation review
• Market analysis and comparative authentication

Important Limitation: While we provide professional authentication services, we do not assume absolute liability for guaranteeing artwork authenticity. Authentication opinions are based on available information and expert analysis.

4.2 Artwork Condition and Descriptions

"As-Is" Sales:

• All artwork is sold "as-is" with condition descriptions as provided by sellers
• Professional and individual sellers provide detailed condition reports
• Descriptions are based on seller expertise and available information
• Physical inspection opportunities available where applicable

Professional Standards:

• Professional sellers (galleries, auction houses, dealers) may have separate additional conditions of sale
• All sellers are bound by our platform standards

5. Information Accuracy and Display

5.1 Seller-Provided Information

Information Sources:

• Sellers upload artwork information and images that we rely upon
• We make every effort to display information accurately according to seller's uploads
• Professional review and verification processes applied
• Regular monitoring for accuracy and completeness

5.2 Display Limitations

Technical Considerations:

• Visual accuracy depends on your monitor settings and display capabilities
• Colours and dimensions may vary from actual artwork appearance
• We cannot guarantee absolute accuracy of scale or colour representation
• Physical inspection recommended for high-value purchases

Information Updates:

• We reserve the right to edit artwork information without notification
• Updates made to improve accuracy and completeness
• Significant changes communicated to interested buyers where possible

6. Purchase Options and Binding Commitments

6.1 Purchase Methods Available

Buy Now Transactions:

• Fixed-price purchases at predetermined levels
• Immediate binding commitment upon order placement
• Artwork remains available until purchase completion
• Payment required through provided payment methods

Reserve Transactions:

• Artwork reservation through 10% deposit payment
• Item removed from general availability during reservation period
• Full payment completion after AML checks (where applicable)
• Artscapy Advisor assistance for payment completion and logistics

Enquiry-Based Negotiations:

• Express interest and make offers on artworks
• Messages shared with Advisory Services team for follow-up
• Artwork remains in seller inventory until final price acceptance
• Professional negotiation support available

6.2 Binding Nature of Orders

Legal Commitment:

• Buy Now and Reserve orders create binding legal obligations
• You must complete transactions subject to these Terms
• Bank transfer payments must be completed within 7 calendar days
• Failure to complete may result in account restrictions

6.3 Order Acceptance and Rejection

Our Discretion: We reserve the right to:

• Reject or revoke registration or purchase permissions at any time
• Refuse to accept any order or offer
• Cancel transactions for legitimate business reasons
• Verify buyer credentials and payment methods

Anti-Competitive Compliance: You warrant that all purchases and offers are not the result of collusive or anti-competitive arrangements.

7. Investment Advice, Risk and Returns:

Investing in art involves inherent risks, including market volatility, loss of principal, liquidity risks, and fluctuations in value due to economic, political, or other external factors. Past performance does not guarantee future results, and there is no assurance that any investment in art will achieve its objectives or generate profits. Art may go up or down in value and your capital allocated to art investments and purchases is at risk.

Clients and prospective clients (including users or members of the site "Artscapy") should thoroughly research and consider their own financial objectives and risk tolerance before making any investment decisions.

Art investment carries significant risks. Art investment is not regulated by the Financial Conduct Authority (FCA) in the UK. This means art investments are not protected by the Financial Services Compensation Scheme (FSCS) and complaints cannot be referred to the Financial Ombudsman Service (FOS). Therefore, clients have no recourse to these protections when investing in art.

None of the information on our website should be construed or in any way interpreted as investment, financial, tax, or legal advice. The information has been prepared by Artscapy Ltd. ("Artscapy") without reference to any particular individual's investment goals or financial situation and contains summary information relating to Artscapy investment opportunities. You are encouraged to consult with qualified tax, legal, and financial professionals before entering into any artwork purchase or service related to art investment.

You are solely responsible for Your own investment decisions and must conduct independent due diligence. No guarantee or representation is made regarding the accuracy, completeness, or timeliness of any information provided.

Artscapy bears no liability for any direct or indirect loss arising from investment activities undertaken based on the information provided.

By proceeding with any investment or other service by Artscapy, clients confirm and are deemed by us to have accepted the above stated risks and omission of legal protections.

8. Customer Due Diligence and Anti-Money Laundering

8.1 Legal Obligations

As an Art Market Participant under UK Money Laundering Regulations, Artscapy must perform Customer Due Diligence (CDD) and maintain strict Anti-Money Laundering (AML) compliance.

8.2 CDD Application Thresholds

When CDD Applies:

• Purchase transactions ≥ €10,000 (approximately £8,500)or equivalent in other currencies
• Series of linked transactions reaching threshold amount
• Suspicious transaction patterns or unusual circumstances
• High-risk buyer profiles or jurisdictions

Verification Requirements:

• Mandatory identity verification through third-party services
• Comprehensive documentation and background checks
• Ongoing monitoring for suspicious activities
• Regular risk assessment updates

8.3 Comprehensive AML Framework

Our Compliance Approach:

• Thorough customer due diligence for all qualifying transactions
• Continuous monitoring of suspicious transaction patterns
• Mandatory reporting to regulators and compliance bodies
• Regular training and system updates for compliance effectiveness

Buyer Obligations:

• Cooperation with identity verification processes
• Provision of accurate and complete information
• Prompt response to additional documentation requests
• Compliance with ongoing monitoring requirements

8.4 Transaction Restrictions and Risk Management

Access Limitations:

• Buyers failing identity verification cannot execute qualifying transactions
• High-risk buyers may face transaction limitations or enhanced monitoring
• We reserve the right to refuse transactions based on risk assessment
• Account restrictions may apply for non-compliance with AML requirements

8.5 Identity Verification Documentation

Required Documentation: For Individuals:

• Valid government-issued photo identification (passport, driving license, National ID)
• Proof of address (utility bill, bank statement - within 3 months)
• Additional documentation for enhanced due diligence where required

For Companies/Legal Entities:

• Company registration documentation from relevant jurisdiction
• Beneficial ownership information and corporate structure
• Corporate bank statements and financial information
• Authorised representative identification and authorization

Additional Requirements:

• Source of funds documentation for high-value transactions
• Enhanced verification for politically exposed persons (PEPs)
• Ongoing monitoring documentation as required

8.6 Compliance Enforcement and Reporting

Regulatory Reporting:

• Suspicious Activity Reports (SARs) filed when required
• Regular communication with Nominated Officer for compliance oversight
• Cooperation with law enforcement and regulatory investigations
• Maintenance of comprehensive compliance records

Sanctions Screening:

• Screening against UN, EU, UK Treasury, and OFAC sanctions lists
• Prohibited transactions with sanctioned individuals, companies, or countries
• Regular updates to sanctions databases and screening procedures
• Immediate reporting of potential sanctions violations

9. Pricing, Payment, and Transaction Processing

9.1 Purchase Price and Payment Obligations

Total Purchase Price Components:

• Artwork purchase price as listed or agreed through negotiation
• Applicable sales tax, VAT, and other legally required taxes
• Buyer's premium (where applicable)
• Shipping, handling, and insurance costs (unless otherwise specified)

Payment Deadline: Payment must be completed as specified in the issued invoice or within 7 calendar days of sale confirmation ("Payment Deadline").

9.2 Pricing Determination and Support

Price Setting:

• Prices determined by the Consignment Agreement
• Artscapy may provide pricing guidance and market analysis to sellers
• Transparent pricing with all fees and charges clearly disclosed
• No hidden costs or undisclosed charges

9.3 Transaction Processing and Protection

Payment Processing:

• Secure payment processing through approved payment methods
• Buyer protection during transaction processing period
• Anti-money laundering monitoring for all transactions
• Professional fraud prevention and detection systems

Buyer Protection Features:

• 24-hour cancellation window from purchase confirmation
• 14-day money-back guarantee for damaged or misrepresented items
• Comprehensive dispute resolution support
• Collaboration with authorities to prevent fraudulent behaviour

9.4 Payment Methods and Security

Accepted Payment Methods:

• Major credit and debit cards through secure processing
• Bank transfers with 7-day completion requirement
• Other approved payment methods as displayed during checkout or stated on invoice
• All payments processed through encrypted, secure systems

10. Delivery, Shipping, and Risk Transfer

10.1 Shipping Costs and Arrangements

Cost Responsibility:

• Buyers generally responsible for shipping, packing, and transit insurance costs unless otherwise specified
• Delivery options and costs communicated by Artscapy during purchase process
• Range of shipping methods available based on artwork type and destination
• Special shipping requirements accommodated upon request

Artscapy Support Services:

• Facilitation of communication between buyers and shipping providers
• Recommendations for trusted third-party service providers
• Support services provided for convenience without liability assumption
• Professional logistics coordination for complex shipments

10.2 Delivery Timeline and Process

Standard Delivery Schedule:

• Artwork dispatch within 30 calendar days of payment confirmation or as comunicated during purchase process and invoice
• Delivery timeline estimates provided
• Regular communication throughout delivery process

Delivery Arrangements:

• Delivery to address provided during purchase process
• Buyer responsibility to ensure accurate delivery information
• Arrangements required to accept delivery at specified address
• Signature required confirmation (typically 18+ years) upon delivery (where applicable)

10.3 Risk Transfer and Inspection Requirements

Risk Transfer Point:

• Risk transfers to buyer upon delivery completion
• Buyer responsibility for delivery arrangements and availability
• Additional charges for failed delivery attempts or storage (where applicable)
• Clear documentation of delivery completion and condition

Delivery Inspection Process:

• Careful examination of package and artwork required upon delivery
• Documentation of any damage before opening package
• "Received Damaged" signature recommended for damaged packages
• Immediate notification to info@artscapy.com for any damage or issues

10.4 International Shipping Considerations

Additional Responsibilities:

• Buyer responsibility for international shipping regulations compliance
• Additional charges may apply for customs, duties, and taxes
• Extended delivery times for international shipments
• Currency conversion and measurement unit considerations

11. International Sales and Import/Export Requirements

11.1 Legal and Regulatory Compliance

Buyer Responsibilities:

• Determination of import/export license requirements at buyer's cost
• Compliance with all applicable import laws and regulations
• Understanding of restrictions on certain materials or species
• Acceptance of customs inspection and potential delays

Regulatory Warnings:

• Some countries prohibit or restrict import/export of certain artworks
• Materials from endangered species may require special permits
• Cross-border deliveries subject to customs inspection and delays
• Some jurisdictions prohibit resale of imported artworks

11.2 Customs and Documentation

Seller Obligations:

• Reasonable assistance with customs forms and declarations
• Proper completion of required export documentation
• Cooperation with import/export regulatory requirements
• Professional handling of international shipping documentation

Buyer Obligations:

• Payment of all applicable taxes, duties, and customs charges
• Compliance with destination country import requirements
• Arrangement of necessary permits and licenses
• Acceptance of delivery delays for regulatory compliance

11.3 VAT and Tax Considerations

VAT Application:

• VAT charges where sellers are registered for VAT
• Business buyers may be eligible for VAT exemption or reclaim
• Seller assistance with VAT documentation and processes
• Clear disclosure of VAT status and applicable rates

International Tax Implications:

• Buyer responsibility for all destination country taxes and duties
• Professional tax advice recommended for significant purchases
• Seller cooperation with tax-related documentation
• No seller liability for international tax obligations

11.4 Risk Allocation for International Sales

Government Action Limitations:

• No liability for confiscation or government restrictions
• No liability for transportation restrictions or delays
• Buyer assumes risk of regulatory changes or new restrictions
• Force majeure protection for unforeseeable government actions

12. Consumer Rights and Cancellation

12.1 UK and EU Consumer Protection Rights

Distance Selling Rights:

• Consumers purchasing online have 14-day cancellation rights
• Rights apply to individuals buying outside their trade or profession
• Cancellation period begins from artwork receipt date
• Full refund available for qualifying cancellations

Cancellation Process:

• Written notice required within 14 days of receipt
• Email notification to info@artscapy.com with cancellation request
• Return instructions provided upon cancellation confirmation
• Artwork return at buyer's expense unless faulty or misrepresented

12.2 Return Requirements and Process

Return Conditions:

• Artwork must be returned unused and in perfect condition
• Original packaging required for return shipment
• Return within 14 days of cancellation notification
• Proof of return shipment recommended for tracking

Return Costs:

• Buyer responsibility for return shipping costs (unless faulty item)
• Only standard delivery charges refundable for buyer-initiated returns
• Secure repackaging required to prevent damage during return
• Return address provided on original invoice unless alternative specified

12.3 Refund Processing

Refund Timeline:

• Refunds processed within 14 days of artwork receipt or proof of return
• Refunds issued to original payment method only
• Payment processing delays up to 7 days possible depending on method
• Full purchase price and standard delivery costs refunded for qualifying returns only

Refund Components:

• Full artwork purchase price
• Standard delivery charges (basic shipping option only)
• Applicable taxes and fees (where legally required)
• No refund of premium shipping or special services unless item faulty

13. Faulty Items and Problem Resolution

13.1 Problem Reporting and Timeline

Reporting Requirements:

• Contact info@artscapy.com within 14 days of artwork receipt
• Provide detailed description of problem or defect
• Photo documentation of damage or defects mandatory
• Retention of artwork and packaging for inspection

Types of Problems Covered:

• Wrong artwork delivered
• Damaged or defective artwork
• Missing components or accessories
• Significant misrepresentation of condition or attributes

13.2 Resolution Process and Options

Our Response:

• Immediate acknowledgment of problem reports
• Investigation and assessment within 5 business days
• Facilitation of resolution between paries
• Professional mediation for complex disputes

Resolution Options:

• Professional repair of damaged artwork (where appropriate)
• Full refund including standard delivery charges
• Partial refund for minor defects (where agreed)

13.3 Return and Inspection Procedures

Inspection Requirements:

• Retention of artwork and original packaging for 30 days
• Availability for inspection by courier, seller, or representatives
• Photo documentation of damage and packaging condition mandatory
• Cooperation with professional damage assessment

Return Processing:

• Secure repackaging with damage protection
• Return to address specified by seller or Artscapy
• Tracking and proof of return shipment required
• Professional handling throughout return process

14. Availability and Order Cancellation

14.1 Availability Disclaimers

No Guarantee of Availability:

• Artwork availability subject to change without notice
• Pricing accuracy subject to verification and confirmation
• Multiple buyer interest may affect availability
• Real-time inventory updates not guaranteed

14.2 Order Cancellation Rights

Our Cancellation Rights: We reserve the right to cancel orders in the following circumstances:

• Artwork no longer available for sale
• Pricing errors or incorrect information discovered
• Seller withdrawal or unavailability
• Technical errors in order processing system

Cancellation Process:

• Email notification of cancellation with detailed explanation
• Full refund of payments made including delivery charges (where applicable)
• No additional liability for cancellation beyond refund obligations
• Alternative artwork suggestions where possible

14.3 Buyer Acknowledgment

You acknowledge and accept that:

• All artwork availability is subject to change
• Order confirmation does not guarantee final sale completion
• Technical systems may experience errors or limitations
• Final sale depends on artwork availability and seller confirmation

15. Service Disclaimers and Warranties

15.1 "As Is" Service Provision

Service Disclaimer: We provide Services "as is" and "as available" without warranties of any kind, including:

• Implied warranties of merchantability or fitness for particular purpose
• Warranties arising from course of dealing or usage of trade
• Guarantees of uninterrupted, timely, secure, or error-free service
• Warranties regarding transaction completion by any party

15.2 System and Technical Limitations

Technical Disclaimers:

• No liability for errors or omissions in bid execution or order processing
• No responsibility for internet connection failures or technical malfunctions
• System breakdowns or device failures may affect service availability
• Computer, device, or network issues may impact service operation

15.3 Transaction Completion Disclaimers

No Performance Guarantees:

• No warranty that buyers, sellers, or other parties will complete transactions
• No guarantee of specific outcomes from platform use
• Market conditions and external factors may affect transaction success
• Individual party performance not warranted or guaranteed

16. Limitations of Liability

16.1 Statutory Rights Preservation

Protected Rights: Nothing in these Terms limits or excludes our liability for:

• Death or personal injury resulting from our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable UK law

16.2 Excluded Liabilities

Maximum Legal Exclusions: To the extent permitted by law, we accept no liability for:

• Business losses including profits, income, revenue, or anticipated savings
• Loss of business opportunities, contracts, goodwill, or commercial relationships
• Loss or corruption of data, databases, or software
• Special, indirect, consequential, or punitive damages

16.3 Force Majeure

Events Beyond Our Control: We are not liable for losses arising from events beyond our reasonable control, including:

• Natural disasters or extreme weather conditions
• Government actions, regulations, or restrictions
• Labour disputes, strikes, or industrial action
• Internet outages, cyber attacks, or technical infrastructure failures

17. Indemnification

17.1 Buyer Indemnity Obligations

Indemnification Scope: You agree to indemnify and hold Artscapy harmless against all claims, damages, losses, costs, and expenses, including legal fees, arising from:

• Your breach of these Buyer Terms or main Terms of Use
• Your use of our platform or services in violation of applicable law
• Your infringement of third-party intellectual property or other rights
• Misrepresentation or fraud in connection with your account or transactions

17.2 Third-Party Claims

Protection Coverage: Indemnification includes protection against third-party claims related to:

• Your artwork purchases or collection activities
• Your violation of import/export regulations or customs requirements
• Your failure to comply with tax obligations or reporting requirements
• Your breach of confidentiality or privacy rights

18. General Terms and Administration

18.1 Term Modifications

Amendment Process:

• We reserve the right to modify these Terms with reasonable notice
• Changes will be posted on our website with effective date indication
• Email notification provided for significant changes affecting your rights
• Continued use after changes constitutes acceptance of modifications

Your Options:

• Discontinue use if you disagree with Term modifications
• Contact us for clarification of changes and their impact
• Review Terms regularly to stay informed of updates

18.2 Severability and Enforceability

Legal Construction:

• If any provision is deemed unenforceable, remaining terms continue in effect
• Unenforceable provisions severed without affecting overall agreement validity
• Terms interpreted to maximum extent permitted under applicable law
• Entire agreement supersedes all prior understandings and arrangements

18.3 Governing Law and Jurisdiction

Legal Framework:

• These Terms governed by the laws of England and Wales
• English courts have jurisdiction over disputes arising from these Terms
• International buyers subject to UK law for platform-related disputes

18.4 Third-Party Rights

Rights Limitation:

• No third parties have rights to enforce any provisions of these Terms
• Contracts (Rights of Third Parties) Act 1999 does not apply
• Only direct parties to agreement have enforcement rights
• Third-party beneficiary rights specifically excluded

Last Updated: 19.11.2025