CONDITIONS OF SALE
LAST UPDATED: 4/3/2023
1. OVERVIEW
These conditions of sale govern the relationship between Elliston Fine Art and its clients (“Buyers”), and apply to all sales and purchases of artwork made through the Elliston Fine Art platform (“the platform”).
2. BINDING CONTRACT
By making an offer to purchase an artwork, the buyer agrees to be bound by these conditions of sale and to pay the full purchase price plus any applicable fees.
3. REPRESENTATIONS AND WARRANTIES
Elliston Fine Art represents and warrants that all artwork offered for sale on the platform is authentic, unless otherwise noted. Buyers are encouraged to examine the artwork in person or through photographs and condition reports provided on the website before making a purchase.
4. PURCHASE PRICE AND PAYMENT
The purchase price for the artwork is the price listed on the platform at the time of purchase, plus any applicable taxes and fees. Payment must be made in full within 5 business days after the sale. Payment may be made by credit card, debit card, wire transfer or other methods agreed upon by the buyer and Elliston Fine Art.
5. TAXES
The buyer is responsible for any applicable taxes, including sales tax, or any other tax assessed by a governmental authority.
6. SHIPPING AND INSURANCE
Elliston Fine Art is responsible for all shipping arrangements using its preferred shipping partners, which may change from time to time depending on the point of origin. Elliston Fine Art is responsible for obtaining insurance coverage for the artwork during shipping.
7. RETURNS AND REFUNDS
Elliston Fine Art offers a limited return policy for artwork purchased through the platform. Buyers may return artwork within 14 days of receipt if the artwork is not as described, if the artwork sustained damaged during shipment, or if the artwork is discovered to be a forgery. Elliston Fine Art will refund the purchase price including any shipping and insurance costs. Buyers must notify Elliston Fine Art of their intent to return the artwork within 7 days of receipt of the artwork.
8. LIMITATIONS OF LIABILITY
Elliston Fine Art’s liability for any claim arising out of or related to a sale or purchase of artwork through the platform is limited to the purchase price (including any shipping and insurance costs. Elliston Fine Art is not liable for any consequential or indirect damages, including lost profits or damages to reputation.
9. GOVERNING JURISDICTION
These conditions of sale are governed by and construed in accordance with the laws of state of Georgia. The parties agree to submit to the exclusive jurisdiction of the courts in Fulton County, Georgia for any disputes arising out of or related to a sale or purchase of artwork through the platform.
10. ENTIRE AGREEMENT
These conditions of sale constitute the entire agreement between the parties and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the subject matter of these conditions of sale.
11. SEVERABILITY
If any provision of these conditions of sale is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision. In such event, the parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves to the greatest extent possible the original intent of the parties.