terms & conditions

full terms & conditions of sale

Please read the below terms and conditions of sale (together, the “Terms”) and only proceed with your purchase if you wish to be bound by them. Please contact Kath Abiker (“us” or “we”) if you wish to discuss any of the Terms.

1. PURPOSE AND EFFECT

1.1 The Terms constitute the entire agreement and understanding as between you and us (the “Agreement”) in relation to the sale and purchase of the work(s) of art identified on the invoice issued by us to you in respect of such work (the “Work”) for the price stated on such invoice (being the agreed price for the sale of the Work to you) (the “Price”). To the fullest extent permitted by law, no other terms, whether express or implied, shall apply to the agreement between you and Kath Abiker in relation to the sale of the Work.  

1.2 No variation or amendment of the Terms shall be permitted unless such variation or amendment has been agreed in writing between Kath Abiker and you.

1.3 All sales of Work by us are subject to the Terms. Your acceptance of these Terms may be demonstrated by:

• (1) your signature on the invoice;

• (2) full or partial payment of the Price;

• (3) your signature on the delivery note; or

• (4) any other words or conduct demonstrating your acceptance (for example by you accepting our offer to sell the Work to you, which offer shall in all cases be subject to these Terms).

1.4 No agreement to purchase a Work may be cancelled by you after having been made. You shall on demand indemnify and keep us indemnified in full against all loss, costs (including legal fees and court costs) and expenses incurred by us as a result of the Agreement being breached in any way in full or in part by you. 

2. STATEMENTS ABOUT THE WORK

2.1 Although we shall make all reasonable efforts to ensure the accuracy of any information about the works of art displayed online (including on any website, Facebook page, Instagram profile, or any other online presence maintained by Kath Abiker) or any physical exhibition or any other medium, we shall not be responsible if information made available by Kath Abiker is not accurate, complete or current. Any material provided by Kath Abiker is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on such material is at your own risk.

2.2 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 the condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however, occasioned, after the sale. 

3. PAYMENT OF PURCHASE PRICE

3.1 You must pay us the full invoice Price for the Work, together with delivery costs, any insurance costs (where applicable), any VAT and any amounts payable to us under clause 7, by bank transfer or such other methods as we agree on receipt of the date of the invoice (unless specified otherwise on the invoice or statement). Payment is deemed received when we have cleared funds. Without prejudice to any other right or remedy we may have we are entitled to charge interest on late payments (before as well as after judgment) at the rate of 2% per annum above Lloyds Bank plc base rate. In respect of the sale of any artwork, Kath Abiker acts as the agent of the artist/seller. The artist remains the principal with regard to the sale of any of their works and the contract for the sale is directly between buyer and artist. 

3.2 You shall not be entitled to withhold payment of any amount payable to us by reason of any dispute or claim by you whether by way of set off, counterclaim or other deduction. In the event of non-payment or other breach, we shall be entitled to obtain and enforce judgment without determination of any claims by you.

3.3 We offer an interest-free payment plan for purchasers whose preference is to pay the Price in a series of instalments. If you opt to purchase a Work by way of such a payment plan, the Work will be released and delivered to you only upon payment of the final instalment.

3.4 Kath Abiker complies with the EU Money Laundering Directive that took effect on 10th January 2020. This law mandates all art dealers in the European Union to authenticate the identity of their clients when selling artwork worth €10,000 or more. The process of conducting these checks is carried out using a Due Diligence platform called Arcarta, specifically designed for the Art market. For sales via third parties, we are required by law to identify the beneficial owner of the artwork. Brexit does not affect this legislation. We may decline such payments at our sole discretion. We also generally reserve the right to refuse service to anyone for any reason at any time.

4. COMMISSION PAYABLE BY US TO THIRD PARTIES

4.1 We reserve the right to pay a commission to any party who has assisted us with the sale of the Work to you or who has introduced you to us. You will be provided with details.

5. DELIVERY OF THE WORK AND PASSING OF RISK

The Work will be delivered following receipt of the full Price by us in cleared funds.

5.1 We will deliver the Work to the address both parties have agreed in writing unless it is agreed in writing that you should collect it from us. You are responsible for all costs of delivery or collection unless we agree otherwise in writing.

5.2 You will be responsible for the Work, for the risk of damage to it or loss of it and also for insuring it, from the time and date agreed for its delivery and you agree that thereafter you will not hold us responsible for insuring the Work or for any loss or damage to the Work. 

5,3 If requested by you, we shall arrange for third-party insurance in respect of the transportation of the work to you. However, whether or not such third-party insurance is purchased by you, we shall not be liable for any loss or damage that arises during the course of the transportation of the Work from us to you. For the avoidance of doubt, the costs of such third-party insurance shall be borne by you in addition to the cost of the Work.

5.4 If you fail to accept delivery of the Work at the agreed time we may charge you for the reasonable costs of storage, insurance and re-delivery and the liability for any subsequent damage to the Work shall immediately pass to you.

5.5 Dates quoted for delivery are approximate and we shall not be liable for delay. Time of delivery shall not be of the essence nor capable of being made of the essence. You will provide us with all necessary information and documentation to facilitate delivery.

5.6 Kath Abiker provides complimentary storage for two weeks after payment is received in full. A storage fee of £100 per artwork per month will be incurred thereafter. Storage fees must be paid in full before the release of any artwork.

6. PASSING OF OWNERSHIP AND RESALE

6.1 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 of 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.

6.2 By purchasing this Work from Kath Abiker, you agree that if you sell the Work to a third party for a price that is greater than the Price (a “Subsequent Sale”), you will pay to Kath Abiker a sum equal to 50% of the third party sale price received by you in the Subsequent Sale and the Price (the “Subsequent Sale Artist‘s Share”). Kath Abiker will pay over the Subsequent Sale Artist‘s Share received by it to the artist who created the Work, net of any commissions, expenses and taxes thereon. You may not resale or otherwise transfer ownership of the Artwork to a third party for a period of three (3) years from the invoicing date. Should you wish to resell the Artwork after such period of three (3) years has elapsed, Kath Abiker shall hold a preferential acquisition right. You agree to notify Kath Abiker of your intention to resell the Artwork via email at openupart@gmail.com.

7. EXPORT AND LOCAL TAXES

7.1 If the Work is to be exported from the United Kingdom, we will make appropriate arrangements for the export and shipment and may make a reasonable additional charge for doing so. Unless agreed otherwise in writing, the Agreement is not conditional upon the granting of any requisite export licence or permission which both parties will use their best endeavours to obtain.

7.2 Each party will to the extent such obligation is applicable to that party in connection with the sale and/or export of the Work:

7.2.1 comply with all requirements of any relevant tax authorities (that is, any authority imposing, administrating or collecting any tax, duty or levy including HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; and

7.2.2 obtain all the relevant documents showing proof of export without delay.

7.3 You will reimburse to 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.

7.4 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.

7.5 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 or on import or at any other time.

8. LIMITATION OF OUR LIABILITY

We shall not accept any claim in relation to a Sale that is brought after the expiry of the relevant statutory limitation period. We shall not be liable for any loss of profits, business, revenue (whether direct or indirect) or indirect or consequential loss or damage, if any, suffered by you in connection with buying the Work, howsoever arising, including negligence. Any liability to you for breach of our obligations whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause 8 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud or fraudulent misrepresentation.

9. COPYRIGHT

The copyright subsisting in all images and other materials produced for the sale of the Work is owned by 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. For the avoidance of doubt, this sale does not transfer or assign or licence any copyright or other intellectual property rights to you. During the period in which the Work is protected by copyright, the copyright remains with the artist (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication or perform any other act restricted by copyright. If such rights are sought, you should contact the copyright owner.

10. PRIVACY POLICY

The processing of personal data will be subject to the Kath Abiker privacy policy which can be accessed at www.kathabiker.com/privacy-policy

11. NOTICES

Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and sent by email or post, to the email address or our physical address on the invoice, or to your last known address as notified to us by you as the case may be, and shall be deemed delivered on delivery if by email or on the third day after posting if posted.

12. LAW AND JURISDICTION

These Terms 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 and both parties agree to submit to the exclusive jurisdiction of the courts of England.

13. GENERAL TERMS

13.1 Both parties agree that in entering into the agreement neither party relies on, nor has any remedy in respect of, any statement, representation or warranty (“Representation”), negligently or innocently made to any person (whether party to this agreement or not) including without limitation any Representation made prior to or at the same time as the agreement is entered into, 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. Nothing in the agreement shall serve to limit or exclude any liability for fraud or fraudulent misrepresentation.

13.2 The benefit of this Agreement and the rights hereunder 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 are transferable to subsequent purchasers or other future possessors of the Work. We may sub-contract or assign our obligations.

13.3 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 virtue of the provisions thereof.

13.4 Neither party intends the Terms to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

13.5 We shall not be liable for any breach of the agreement due to causes or events outside our reasonable control.

CONTACT US

If you wish to discuss any of the above terms, please contact Kath Abiker at openupart@gmail.com