Terms and Conditions

GENERAL SALE TERMS AND CONDITIONS 


  1. These Terms and Conditions apply the use of the The Tagli website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between The Tagli, referred to as “(the gallery) and can only be varied if agreed between us “the gallery” in writing. Any special conditions which apply will be set out in the Order Confirmation.

  2. Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.

  3. From time to time we (the gallery) may change these Terms and Conditions and it is your, referred from now on to as “the customer” responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you (the customer) to print these terms as soon as you have placed your order.

  4. Responsibility for Sales and Artwork - We are an online venue which enables you to buy unique artwork from Artists, using the Website which is owned and operated by us, The Tagli Limited. As a venue we bring together Artists and Buyers who buy and sell unique artwork using our Website and advisory services which means in some cases that you are not buying anything (the art) directly from us. These Terms and Conditions incorporate all of the policies on the Website.

  5. Details of the Artwork for sale are displayed on the Website and primarily provided by Artists who understand that they must comply with the law and provide details about the Artwork, but if you need any other information or you have any queries you can contact us by email or phone prior to completing the order.

  6. Any quotes will be valid for a period of 7 days unless otherwise specified in writing. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.

  7. PAYMENT OF PURCHASE PRICE: You must pay us the full price for the Work(s), together with delivery costs, any VAT and any amounts payable to us, excluding any deposit or advance that you may already have paid, by bank transfer or such other methods as we agree, according to the payment date stipulated on the invoice. If we agree with you that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. In either case, payment has not been made until we have received cleared funds representing the full amount.

  8. RESALE AGREEMENT: For a period of five years from the date of this invoice we ask you to agree, as a courtesy to our artists not to put this Work(s) into auction, and not to sell the Work(s) to anyone without first offering THE TAGLI the right to first refusal on the same terms and conditions as any bona fide offer you present to us. Your payment acts as acknowledgement of and agreement to these terms.

  9. STATEMENTS ABOUT THE WORK(S): All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Work(s) 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. While we will on request explain the condition of the Work(s) at the time of the sale and provide any information in our possession about the condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work(s), however occasioned, after the sale. You are responsible for satisfying yourself as to any statements made by us as to the matters set out in this section and above.

  10. LIMITATION OF OUR LIABILITY: Any claim against us must be brought within a period of 5 years from the date of the invoice for the Work(s) or, if we have been guilty of any fraud deliberately concealed a relevant fact in relation to the Work(s) within 5 years after you have discovered this, or could have discovered it if you were reasonably diligent. We shall not accept any claim after these periods. We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work(s). Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work(s) provided that nothing in this clause limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.

  11. COPYRIGHT: The copyright subsisting in all images and other materials produced for the sale of the Work(s) is owned by or licensed to us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work(s). During the period in which the Work(s) is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work(s), but not the right to produce copies of the Work(s) (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

  12. NON-TRADE BUYERS: If under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (i) the contract of sale qualifies as an “off-premises contract” or a “distance contract”, (ii) you as the buyer qualifies as a “consumer”, and (iii) THE TAGLI Gallery sells on behalf of the artist who qualifies as a “trader”, you have the right to cancel the sale without giving any reason at any time up to the end of 14 calendar days after you, or a third party (other than the carrier) instructed by you, receive the Work(s) (the “Cancellation Period”). To exercise the right to cancel, you must notify THE TAGLI Gallery of your decision to cancel the sale by a clear statement (e.g. a letter sent by post or email), in either case before the Cancellation Period has expired. If you cancel the sale during the Cancellation Period, THE TAGLI Gallery will reimburse you the purchase price. THE TAGLI Gallery will make the reimbursement without undue delay, and no later than (a) 14 calendar days after the day THE TAGLI Gallery receives the Work(s) from you; or (b) (if earlier) 14 calendar days after the date you provide evidence that the Work(s) has been shipped to the Gallery premises. THE TAGLI Gallery will make this reimbursement using the same means of payment as you used for the initial transaction. You shall send back the Work(s) or hand deliver it to the Gallery at such address as the Gallery may specify for that purpose, without undue delay and in any event no later than 14 calendar days from the day on which you communicate the sale cancellation to the Gallery. You must bear the cost of returning the Work(s) to the Gallery, including any import duties you or THE TAGLI gallery may incur as a result of the return. You are only liable for any diminished value of the Work(s) if your handling of the Work(s) went beyond what is necessary to establish the nature and characteristics of the Work(s). If the Work(s) is returned damaged, THE TAGLI Gallery will deduct from the sum THE TAGLI Gallery refunds to you a reasonable amount to compensate THE TAGLI Gallery for the cost of repair and any loss in value to the Work(s) resulting from such damage. If THE TAGLI Gallery invoices you that amount separately, its invoice is payable on presentation.

  13. MADE TO ORDER ARTWORKS AND DISCOUNTED WORKS: Please note that these cancellation rights do not apply to any Made to Order Artwork(s), such as commission and bespoke artwork(s). There are no refunds, returns or cancellations for discounted artworks of any kind.

  14. COLLECTION OF THE WORK(S) AND PASSING OF RISK: You must collect the Work(s) from our premises at an agreed date and time, unless it is agreed in writing that: (i) you should collect it elsewhere; (ii) we should deliver it to you; or (iii) you should make your own arrangements for someone else to collect it for you. In all cases, you will be responsible for the Work(s), for the risk of damage to it or loss of it and for insuring it, from the time and date agreed for its collection including if damage or loss is sustained during collection or transit. If however we permit you to take delivery of the Work(s) without your agreement to purchase it, for example on approval, we will continue to be responsible for insuring it.

  15. LAW AND JURISDICTION: 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 in accordance with English law. If you are purchasing the Work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the Work(s) as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and condition.