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Unless otherwise indicated,VU acts as an agent for the Seller. If you buy an item on the Site, the contract of sale of the item is concluded directly between you, as the buyer, and the Seller. Separately, VU provides certain services to you in connection with your purchase on, and buying, the item.
VUgalleries.com is an online platform where you can buy fine art, antiques, and collectibles in a “Buy it Now format”. VU is not an auction therefore, Items can be purchased at the price set by VU and the seller. When an item is purchased at the Buy it Now price, these Conditions of Business and any Additional Terms will apply. The date and time when the Buy it Now phase commence and end are clearly displayed on the Site.
items are sold on the Site subject to the Limited Authorship Guarantee (set out in Paragraph 20 below), and in the condition that they are in at the time of the sale on the following basis.
(a) The information provided on the Site in relation to items offered for sale is dependent on information provided to us by the Seller, and VU is not able to and does not carry out exhaustive due diligence on each item. In particular, as we do not take possession of the item being offered we do not have the opportunity to inspect its physical condition. We rely on the images of the item and other information provided by the Seller to complete the description on the Site. You acknowledge that our and your ability to conduct due diligence on items is limited, and you accept that when buying an item on the Site, you rely on information provided by the Seller. Notwithstanding the foregoing, we shall exercise reasonable care when describing a lot on the Site in light of (i) the information provided to us by the Seller; (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case as is reasonably available to VU at the time of the sale taking into account the number of items posted by VU on the Site and the limited amount of time available to VU to post such lots.
(b) You may contact VU to inspect the lot to satisfy yourself as to its condition and description before making offers to purchase. Inspections are granted on a discretionary basis and are contingent on the nature and the location of the item. We offer no guarantee that the item you wish to inspect will be available for inspection. If you decide to make an offer for an item you have not inspected prior to making the offer, you acknowledge that you do so at your own risk.
(c) You acknowledge that many items are of an age and type, which means that they are not in perfect condition. Lots may have other faults and imperfections not expressly referred to in the lot description on the Site or in a condition report. All dimensions are approximate. Illustrations are for identification purposes only and cannot be used as precise indications of size or convey full information as to the actual condition of lots.
(d) The description of items on the Site may include references to condition. Additionally, upon request, we may provide a report on the condition of an item. If the item is not in our possession when the condition report is requested, we may facilitate the provision of a condition report by the Seller. Alternatively, we may facilitate the commissioning of a condition report by the prospective bidder. The provision of a condition report may not be practical, given time constraints, the physical location of the item and other considerations. The condition of items can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition. items are sold in the condition they are in at the time of the sale. Any reference to condition on the item page on the Site will not amount to a full description of condition, and images may not show the condition of the item clearly. In particular, colors and shades may appear different in print or on screen to how they look in real life. Condition reports may help you evaluate the condition of the item. They are provided free of charge as a convenience to prospective buyers and are for guidance only. They may not refer to all faults, restoration, alteration or adaptation because our staff are not professional restorers or conservators, accordingly condition reports posted on the lot page on the Site or provided by us simply record the result of a cursory visual inspection of the item. For that reason they are not an alternative to examining an item in person or taking your own professional advice. It is your responsibility to ensure that you have received and considered any condition report. The description of an item on the Site is not a warranty and VU does not accept any liability whatsoever for any condition report and prospective buyers’ reliance on them.
(e) Information provided to you in respect of any item, including any representation or description on the Site, in a condition report or elsewhere, is not a representation of fact but rather a statement of opinion held by the Seller and/or VU.
(f) Save for the Limited Authorship Guarantee and without prejudice to any mandatory obligation placed on us and/or the Seller by applicable law, all items are sold “AS IS” without any representations or warranties by us or the Seller as to merchantability, fitness for a particular purpose, the correctness of the description of the item including but not limited to its physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance and no statement anywhere, whether oral or written, whether made on the Site or elsewhere, shall be deemed such a representation or warranty.
(a) VU has absolute discretion to deny participation in a sale on the Site.
(b) You must register to purchase on the Site to participate in and purchase an item using our platform . In order to register, you will be asked to supply the information requested on our registration page for verification purposes only. Registrants must be 18 or over to participate and purchase. To make a purchase, you will need to provide your credit card information. We will execute a $1.00 authorization or temporary charge on your credit card to verify that your credit card is valid and active. This authorization does not cost you anything and will expire in a few days. Once you are registered on the Site, you can view and edit your information by hovering over the human symbol at the top right corner of the Site and then clicking on ‘Account’ in the drop-down menu. If you have more than one account with us, you will need to select a single account under which you wish to bid or make a purchase.
(c) To purchase an item: by clicking on the button “Continue to Check Out” on the “Confirm Purchase” page, you will be deemed to have made an offer to buy the item at the listed price. You are then required to complete the “Check Out” process on the Site immediately after placing the lot in your cart. If you fail to complete the “Check Out” process, you will be deemed to have withdrawn your offer to buy the item, and the item will remain available for purchase to other users. Once you have completed the “Check Out” process for a lot, made payment, and VU has confirmed to you receipt of full payment in cleared funds, you will have completed your purchase of the item.
(d) When placing a Buy Now order, you accept personal liability to pay the Total Amount Due defined in Paragraph 6.1.1(a) below.
(e) By participating in our platform, you represent and warrant that any offers made by you are not the product of any collusive or other anti-competitive agreement and are otherwise consistent with all applicable laws.
(f) The provision of the online platform enabling your participation in the sale is a free service provided by VU. While it undertakes to exercise reasonable care in providing the service, VU does accept any liability for failure to allow you to execute any offer.
(g) Employees of VU and its affiliated companies may participate in sales on the Site.
(h) Broadband or other internet capacity constraints, corporate firewalls and other technical problems beyond our reasonable control may create difficulties for some registered users including but not limited to accessing sales, placing offers, receiving emails and making online payments. Errors may occur in the quality of digital images. VU accepts no liability for such difficulties or errors.
(a) VU reserves the right to reject, revoke or refuse to accept any offer at any time before, during or after any sale. If any dispute arises after the sale, our sale record is conclusive.
(b) VU reserves the right to restart a sale on any particular item if we consider it is appropriate and reasonable to do so. VU shall have no liability whatsoever for any such action taken by us. If any dispute arises after the sale, our sale record is conclusive.
(c) VU reserves the right, at our sole discretion, to withdraw any item from the site, whether prior to or during a consignment/sale period , and shall have no liability whatsoever for any such withdrawal. If any dispute arises after the sale, our sale record is conclusive.
(d) Our sales are conducted in US Dollars and all payments are due, and must be made, in US Dollars.
(e) VU offers the service to relay any reasonable offer made below the listed sale price on a particular item, to the seller during a sale period.
(a) In addition to the Buy Now price of the item, the buyer is liable to pay VU, the shipping costs (as set out in Paragraph 10 below) and the Loss Damage Coverage (as defined in Paragraph 11 below), plus any applicable sales tax, use tax, VAT or other tax due (collectively, the “Total Amount Due”).
(b) All applicable taxes are payable in accordance with applicable law. All prices, fees, charges, and expenses set out in these Conditions of Business are quoted exclusive of applicable taxes.
(c) You may be liable to pay additional taxes and charges such as import VAT and customs duty if the lot is shipped to the country you designate. VU shall not collect and pay these additional taxes and charges on your behalf and they are your sole responsibility.
(d) You must pay the Total Amount Due in a timely manner, and full payment on time is of paramount importance to the Seller and VU (time is of the essence), You must complete the checkout process immediately after adding the item to your cart or the item will be remain available for sale to other users until checkout is successfully completed and payment is made. Payment for an item by wire transfer, you must make payment within five (5) Business Days of the date when you placed your order. A “Business Day” is a day when banks are open for business in the United States, excluding Saturdays, Sundays and public holidays. If you fail to make payment of the Total Amount Due within five (5) Business Days of the date when you placed your order for the item, you irrevocably authorize VU, at our sole discretion, to charge you for any outstanding portion of the Total Amount Due using any payment method you have provided to VU at any time, including credit card.
(e) Payment must be made in U.S. Dollars by credit card or wire transfer as follows for any items sold by VU:
(i) accepts American Express, Visa and MasterCard. A processing fee will apply. Processing fee is dictated by/equal to each respective Credit card agency’s current rates.
(ii) VU accepts PayPal. A processing fee will apply. Processing fee is dictated by/ equal to PayPal’s current policies
(iii) Payment by wire transfer may be made directly to VU. When making payment by wire transfer, you must quote the relevant sale and lot number.
(f) Credit Card purchases may not exceed $8,000 per purchase. In the event a credit card charge is not approved, the buyer remains personally liable to VU for all amounts due. If you make an unjustified credit card or debit card charge or chargeback then you will be liable to pay VU within seven (7) days following our written request:
(i) an amount equal to the amount of the chargeback;
(ii) all third party expenses incurred by us in relation to the chargeback (including charges made by our or your bank or payment processor or card issuer;
(iii) an administration fee of $50.00; and
(iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Clause (g) (including without limitation legal fees and debt collection fees).
(g) Where a separate shipping invoice is issued to you, you will have five (5) Business Days from the date of the invoice to settle it in the manner described in Paragraph 6.1.1(f)(i) or (ii) above.
(h) If you have any questions about payment, please contact and email@example.com.
(i) Additional Information on Payments. Please note that VU will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and VU prior to the sale. It is VU’s policy to request any new clients to provide: verification of identity (by providing some form of government issued identification containing a photograph, such as a passport, identity card or driver’s license), confirmation of permanent address and identification of the source of the client’s funds.
(a) Ownership of a lot will pass to the buyer when VU receives payment of the listed price of the item and any applicable sales tax, use tax, VAT or other tax due (collectively, the “Purchase Price”) in cleared funds.
(a) Risk of loss or damage to an item shall pass from the Seller to the buyer on the date when VU receives the full Purchase Price in cleared funds.
(a) Delivery to the buyer of an item purchased on the Site occurs when the lot is handed over to the shipper by the Seller or by VU for packing and shipping.
(b) VU and the Seller are not obliged to release a lot to the shipper, and we or the Seller may withhold delivery of the lot, until we have received the Total Amount Due in cleared funds, the buyer has paid all outstanding amounts due to VU or any of its affiliated companies, and relevant anti-money laundering or anti-terrorism financing checks have been completed.
(a) VU will facilitate the packing and shipping of lots purchased on the Site, no matter where the Seller and the buyer are located. Our sale page indicates the country from where the lot will be shipped.
(b) VU does not pack and ship lots. We will, on your behalf and at your expense, procure packing and shipping services by third party shippers. The shipper will pack and ship the lot as your agent to the address designated by you.
(c) Our standard shipping timeline from payment for lot and shipping fees to delivery varies. We work on your behalf with shipping entity to secure the quickest most cost effective method of transport.
(d) Your shipment will be managed by one of VU shipping partners. Most items are shipped by FedEx or similar freight transport entity.
(e) The buyer is liable to pay all packing and shipping costs incurred in relation to items purchased on the Site. If the shipment of an item is not automated on the Site, our shipping department will contact you separately to arrange shipment and provide you with details of the shipment costs. We will issue you a separate shipping invoice, and you will be required to settle it within seven (7) Business Days of the date of the invoice. We will only process the shipment after receiving full payment of the Total Amount Due in cleared funds for the lot.
(f) VU has received contractual assurances from the Seller that the Seller will release the lot(s) to the buyer within five (5) to seven (7) calendar days from being notified that VU has received the Total Amount Due in cleared funds. If the Seller fails to release the item to the buyer in breach of the Seller’s contractual assurances, and the Seller has not rectified his/her/its breach following written notice by VU to do so within fourteen (14) calendar days from the date of such notice, VU shall refund the buyer the full amount paid in relation to the item(s), the contract for the sale and purchase of the item(s) shall be at an end, and the buyer shall have no further claim against either the Seller or VU including but not limited to any claim for loss or damage (whether direct or indirect or foreseeable), cost or expense (included but not limited to legal fees or expenses).
(a) Without prejudice to any rights the Seller may have, if the buyer without prior agreement fails to make payment of the Total Amount Due for an item as provided in these Conditions of Business, VU may in our sole discretion exercise one or more of the following remedies: (i) charge a cancellation fee of twenty percent (20%) of the listed sale price using any payment method the buyer has provided to VU at any time, including credit card. (ii) store the item at VU’s premises or elsewhere at the buyer’s sole risk and expense (iii) cancel the sale of the lot, retaining any partial payment of the Total Amount Due as liquidated damages; (iv) reject future orders from the buyer or render such orders subject to payment of a deposit; (v) charge interest at 12% per annum from the date payment became due until the date the Total Amount Due is received in cleared funds; (vi) exercise a lien over any of the buyer’s property which is in the possession of VU and instruct the Seller or any of our affiliated companies to exercise a lien over any of the buyer’s property which is in their possession and, in each case, no earlier than 30 calendar days from the date of written notice to the buyer, arrange the sale of such property and apply the proceeds to the outstanding amount owed to VU, the Seller or any of our affiliated companies after the deduction from sale proceeds of our standard vendor’s commission and all sale-related expenses, with any balance of sale proceeds remaining being paid to the buyer, and without waiving any right to any shortfall if the net sale proceeds are insufficient to settle all outstanding sums owed by the buyer to the Seller or VU; (vii) resell the lot by auction or private sale, with a Reserve Price if the lot is sold at auction and a sale price if the lot is sold privately set by VU at its reasonable discretion, it being understood that in the event such resale is for less than the original Purchase Price of that lot, the buyer will remain liable for the shortfall, in addition to, for each resale, our standard vendor’s commission and all expenses incurred in such resale. In addition, the defaulting buyer agrees to pay us a restocking fee of twenty percent (20%) of the listed sale price and authorizes us to charge the buyer’s credit card for the restocking fee; (viii) commence legal proceedings to recover the Purchase Price due for the lot, together with interest and the costs of such proceedings (including but not limited to legal fees); (ix) set off the outstanding amount remaining unpaid by the buyer against any amounts which we or any of our affiliated companies may owe the buyer in any other transactions; (x) release the name and address of the buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due, interest and legal costs or (xi) take such other action as we deem necessary or appropriate.
(b) In the event the buyer is in default of payment to any of our affiliated companies, the buyer irrevocably authorizes VU to pledge the buyer’s property in our possession by actual or constructive delivery to our affiliated company as security for the payment of any outstanding amount due. VU will notify the buyer if the buyer’s property has been delivered to an affiliated company by way of a pledge.
VU shall have the right, but not the obligation, to rescind a sale without notice to the buyer if we reasonably believe that there is a material breach of the Seller’s representations and warranties or the Limited Authorship Guarantee (described below) or an adverse claim is made by a third party. Upon notice of VU’s election to rescind the sale, the buyer will promptly return the lot to VU , and we will then refund the buyer the Total Amount Due paid to us. The refund shall constitute the sole remedy and recourse of the buyer against VU and the Seller with respect to such rescinded sale.
(a) Before an order for any item, you are advised to make your own inquiries as to whether a license is required to export or import the item. It is your sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permits for any item purchased on the Site. Neither VU nor the Seller make any representations or warranties as to whether any item is or is not subject to export or import restrictions or any embargoes. Any delay in obtaining or the denial of any permit or license shall not justify cancellation or rescission of the sale or any delay in payment.
(b) Certain geographic-specific restrictions exist that may prohibit delivery of an item. You may be prevented from buying, or calculating shipping costs if you elect to ship to a prohibited destination. VU reserves the right to cancel the sale if it determines, in its sole discretion, that the property cannot be shipped to your destination.
(c) Items made of, or including (regardless of percentage), endangered species of wildlife are indicated on the Site. This material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone and certain species of coral, together with Brazilian rosewood. Several countries refuse to allow the importation of property containing these materials, and other countries require a license from regulatory agencies in the countries of exportation or importation. By way of example only, the United States prohibits the importation of any item containing African elephant ivory. It is your sole responsibility to check applicable laws and regulations before bidding on any lot containing wildlife material. Identifying endangered species of wildlife in an item is not straightforward and notices in the item description on the Site merely reflects VU’s reasonable opinion and are for the buyer’s general guidance only. You rely on such notices at your risk.
(d) Upon request, VU is willing to assist the buyer in applying for the appropriate licenses or permits. However, there is no assurance that an export license or certificate can be obtained.
(a) In connection with sales on the Site and related services, or as required by law, VU may ask you to provide personal data. VU may take and retain a copy of government-issued identification such as a passport or driver’s license. We will use your personal data (i) to sell to you and provide related services; (ii) to enforce these Conditions of Business and Additional Terms; (iii) to carry out identity and credit checks; (iv) to implement and improve the management and operations of our business and (v) for other purposes set out in our Privacy
(a) Subject to Paragraphs (d) and (e) below, VU expressly disclaim, and accept no liability to you, for:
(i) errors or failures to execute purchases made on the Site, including without limitation, errors or failures caused by (a) loss of connectivity; (b) issues pertaining to software malfunction; (c) glitches, bugs or inaccuracies on our website; (d) your use of or your inability to access the Site; (e) your internet connection, computer or mobile device; and (f) any viruses and other malicious software obtained by accessing, or linking to, the Site;
(ii) the conduct of the sale of any item, other than under the Limited Authenticity Warranty;
(iii) any representations and warranties given by the Seller or any terms that are implied into contracts by law which are the responsibility of the Seller; and
(iv) any loss of profit, loss of business, business interruption, loss of opportunity, loss of anticipated savings, loss of goodwill, loss of revenue or any wasted expenditure or any indirect or consequential loss or damage whatsoever.
(b) Notwithstanding Paragraph (a) above, if we are found to be liable to you for any reason in connection to the sale of an item or the provision of services in relation to an item, then subject to Paragraphs (d) and (e) below, our total aggregate liability to you in connection with that item shall be limited to the taxes and transaction fees paid for the item.
(c) If the Seller is found to be liable to you for any reason in connection to the sale of an item, then subject to Paragraphs (d) and ) below, the Seller’s total liability to you in connection with that item shall be limited to the purchase price for the item.
(d) No provision in these Conditions of Business shall be deemed to exclude or limit the Seller or VU’s liability to you in respect of any fraud or fraudulent misrepresentation made by any of them, or in respect of death or personal injury caused by any of their negligent acts or omissions.
(e) Some jurisdictions do not allow exclusions and limitations of liability, and these exclusions and limitations of liability may not apply to you.
The copyright in all images, illustrations and written materials produced by or for VU relating to an item, including the content on the Site, is and shall remain at all times the property of VU and such images and materials may not be used by you or any other party without our prior written consent. VU and the Seller make no representations or warranties that the buyer of a lot will acquire any copyright or other intellectual property rights in the item.
(a) The buyer of an item on the Site shall not offer the item for sale until the item is paid for and physically delivered to the buyer or the buyer’s designated agent.
(b) Lots may be subject to a resale restriction for one (1) year or for some other period of time indicated in the item description posted on the Site. The buyer agrees that if the lot becomes available for sale within one (1) year or such other period indicated in the item description from the date of purchase, the lot will be offered first to the artist or the Seller at the fair market value. The artist or the Seller reserves the right to decline to purchase the item at the fair market value.
(a) Subject to the exclusions provided below and/or in the item description posted on the Site and/or in any Additional Terms, for a period of thirty (30) calendar days from the date of delivery of the item to the buyer or the buyer’s designated representative, VU warrants that the authorship, maker, or origin (collectively “Authorship”) of each lot sold on the Site. (the “Limited Authorship Guarantee”).
(b) This Limited Authorship Guarantee only extends to the original buyer of record (i.e. the registered successful buyer) of the item, and does not extend to (i) subsequent owners of the item or any third party, including purchasers or recipients by way of gift from the original buyer, heirs, successors, beneficiaries and assigns; (ii) items where the description of the item on the Site states that there is a conflict of opinion on the authorship of the item; (iii) Items where the Authorship indicated in the item description on the Site was on the date of sale consistent with the generally accepted opinions of specialists, scholars or other experts; (iv) Items whose description is proved inaccurate by means of scientific methods or tests not generally accepted for use at the time of the posting of the item on the Site or which were at such time deemed unreasonably expensive or impractical to use or likely in our reasonable opinion to have caused damage or loss in value to the lot or (v) Items where there has been no material loss in value from its value had the item description corresponded with the item’s authorship or origin.
(c) In any claim for breach of the Limited Authorship Guarantee, VU may require the buyer, as a condition to rescinding any sale under this guarantee, to provide at the buyer’s expense the written opinions of two recognized experts approved in advance by us. We shall not be bound by any expert report produced by the buyer and reserve the right to consult our own experts at our expense.
(d) Subject to the exclusions set forth in Paragraph 20(a) above, the buyer may bring a claim for breach of the Limited Authorship Guarantee provided that (i) he/she has notified VU in writing within seven (7) calendar days of receiving any information which causes the buyer to question the Authorship indicated in the item description, and such notice shall be given no later than thirty (30) calendar days from the date of the delivery of the item to the buyer or the buyer’s designated representative, specifying the date that the item was sold, the inventory number and the reasons why the Authorship is being questioned and (ii) the buyer returns the lot to VU in the same condition as at the time of its purchase no later than fourteen (14) calendar days from the date of the buyer’s notification to VU described in this Paragraph and is able to transfer good and marketable title in the item free from any third party claim arising after the date of the purchase. VU has discretion to waive any of the above requirements but shall not be compelled to exercise that discretion.
(e) The buyer may bring a claim for breach of the Limited Authorship Guarantee provided that (i) he/she has notified VU in writing within seven (7) calendar days of receiving any information which causes the buyer to question the Authorship indicated in the item description, and such notice shall be given no later than thirty (30) calendar days from the date of the delivery of the item to the buyer or the buyer’s designated representative, specifying the date on which the item was included, the inventory and the reasons why the Authorship is being questioned and (ii) the buyer returns the item to VU in the same condition as at the time of its purchase no later than fourteen (14) calendar days from the date of the buyer’s notification to VU described in this Paragraph and is able to transfer good and marketable title in the item free from any third party claim arising after the date of the purchase. VU has discretion to waive any of the above requirements but shall not be compelled exercise that discretion.
(a) These Conditions of Business and any Additional Terms, as changed or supplemented, set out the entire agreement between you, the Seller, VU with respect to the transactions contemplated herein and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements.
(b) Unless explicitly provided otherwise, notices to VU shall be in writing. Notices to you shall be addressed to the last address provided by you in writing.
(c) These Conditions of Business are not assignable by you without our prior written consent but are binding on your successors, assigns and representatives.
(d) Should any provision of these Conditions of Business be held void, invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) No failure by any party to exercise, nor any delay in exercising, any right or remedy under these Conditions of Business shall act as a waiver or release thereof in whole or in part.
(a) These Conditions of Business, any Additional Terms, the conduct of sales on the Site and any matters related to, or any contractual or non-contractual disputes or claims arising from, any of the foregoing, shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws principles. By participating in a purchase, buyers are deemed to have consented to the jurisdiction of the state and federal courts in the State of New York.
VU only warrants the artist or maker indicated in the lot description. Such heading generally indicates the person or persons, publisher or agency responsible for the execution of, or owning the rights to, the negative, positive, digital file or other method employed from which the print, plate, transparency or object being offered for sale is created. While we may indicate in the lot description who we believe to have been the maker, printer or creator of the object offered, the Limited Authenticity Warranty does not apply to any information regarding the maker, printer or creator of the print, plate, transparency or object being offered.