The term Alon Zakaim Fine Art or 'us' or 'we' refers to the
owner of the website whose registered office is 1st Floor, 314
Regents Park Road, Finchley, London N3 2LT. The company is
registered in England and Wales under registration number is
07912633. The term 'you' refers to the user or viewer of the
website.
The use of this website is subject to the following terms of
use:
• The content of the pages of this website is for your general
information and use only. It is subject to change without
notice.
• This website uses cookies to monitor browsing preferences.
• Neither we nor any third parties provide any warranty or
guarantee as to the accuracy, timeliness, performance, completeness
or suitability of the information and materials found or offered on
this website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to
the fullest extent permitted by law.
• Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It
shall be your own responsibility to ensure that any products,
services or information available through this website meet your
specific requirements.
• This website contains material which is owned by or licensed to
us. This material includes, but is not limited to, the design,
layout, look, appearance and graphics. Reproduction is prohibited
other than in accordance with the copyright notice, which forms
part of these terms and conditions.
• All trademarks reproduced in this website, which are not the
property of, or licensed to the operator, are acknowledged on the
website.
• Unauthorised use of this website may give rise to a claim for
damages and/or be a criminal offence.
• From time to time, this website may also include links to other
websites. These links are provided for your convenience to provide
further information. They do not signify that we endorse the
website(s). We have no responsibility for the content of the linked
website(s).
• Your use of this website and any dispute arising out of such use
of the website is subject to the laws of England, Northern Ireland,
Scotland and Wales.
Terms and Conditions of Sale
(As recommended by the Society of London Art Dealers)
It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of Alon Zakaim Fine Art Limited (us). Only proceed with this transaction if you wish to be bound by the terms and conditions set out below.
1. Purpose and effect
1.1 These terms and conditions set out all the terms of agreement
other than price between you as buyer and us as seller, in relation
to the sale and purchase of the item or items identified in the
invoice, which we refer to below as "the Work". We confirm that we
either own the Work or are authorised to sell it on behalf of the
owner. Alon Zakaim Fine Art Limited is registered in England
(registered number 07912633) and its registered address is at 1st
Floor, 314 Regents Park Road, Finchley, London N3 2LT.
1.2 If you wish to rely on any variation of, or addition to these
terms and conditions, you must ensure that the variation or
addition has been agreed by us in writing.
2. Statements about the work
2.1 All statements by us as to the authenticity,
attribution, description, date, age, provenance, title or condition
of the Work 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.
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 condition for which you may reasonably ask, we will not be
responsible for any subsequent deterioration of the Work, however
occasioned, after the sale.
2.3 You are responsible for satisfying yourself as to any
statements made by us as to the matters set out in clauses 2.1 and
2.2 above.
3. Payment of purchase price
3.1 You must pay us the full price for the Work, together with
delivery costs, any VAT and any amounts payable to us under clause
7 below but excluding any deposit or advance that you may already
have paid, by bank transfer or such other methods as we agree,
within 30 days after the date of the invoice (unless stated
otherwise 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.
3.2 If you fail to make full payment within the relevant period,
we shall charge you interest on the amount unpaid at the rate set
out in the Late Payment of Commercial Debts (Interest) Act 1998 or
where that Act does not apply at the rate of 2% per annum above
Barclay's Bank base rate from the date when payment was due until
payment is made in full.
4. Commission payable by us to third
parties
We may 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. We will
provide you with details.
5. Collection of the work and passing of
risk
5.1 You must collect the Work from our premises at an agreed date
and time, within 28 days of the date of payment, 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.
5.2 Subject to clause 5.3 below, in all cases, 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
collection including if damage or loss is sustained during
collection or transit.
5.3 If however we permit you to take delivery of the Work without
your agreement to purchase it, for example on approval, we will
continue to be responsible for insuring it.
6. Passing of ownership
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.
6.2 If you have possession of the Work before full payment has
been made, you must:
6.2.1 keep possession of it, not sell it or hand it over to any
other person or dispose of any interest in it;
6.2.2 in the case of a Work consisting of more than one item, keep
those items together;
6.2.3 keep any identifying marks showing that we own the Work
clearly displayed;
6.2.4 store the Work on your premises and at no cost to us,
separately from other property;
6.2.5 at our request, and after we have given you reasonable
notice, allow us or a third party acting on our behalf to have
access to the Work in order to inspect it; and
6.2.6 preserve the Work in the same state as it was on delivery
and in particular, not restore, repair, clean or reframe it without
our written consent.
7. Export
7.1 If the Work is to be exported from the United Kingdom, whether
to other countries within the European Union or outside the
European Union, we will normally make appropriate arrangements for
export and shipment and may make a reasonable additional charge for
doing so.
7.2 If, contrary to our normal practice, we allow you to make
arrangements for export of the Work, you must:
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 provide us with all the relevant documents showing proof of
export without delay and in any event within 7 days from the date
of shipment; and
7.2.3 reimburse to us any sum claimed if HM Revenue and Customs,
any relevant tax authorities or any 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 the
relevant requirements for export and import
7.3 When on its sale to you the Work is intended for export, you
will be charged for VAT on the Work should it not be
exported.
7.4 In any event you will be responsible for paying any taxes
including but not limited to import tax, duty, merchandise, sales
or user tax that have to be paid in the country of destination
whether on shipment or on import or at any other time.
7.5 Unless otherwise agreed in writing, the sale of the Work is
not dependent on either us or you obtaining an export licence and
failure or delay in obtaining a license will not constitute a basis
to cancel a purchase or delay payment for it.
8. Breach by the buyer
8.1 If you fail to pay the purchase price in full (or if
we agree with you payment by set instalments and you fail to pay
any one or more instalment) by the due date, or if prior to you
paying the purchase price in full you fail to comply with the
obligations set out in clauses 6 and 7 above, or otherwise do or
fail to do anything which may in any way imperil our ownership of
the Work or the Work itself, we are entitled (without prejudice to
our other rights and remedies at law) to either:
8.1.1 terminate the contract for sale, repossess the Work and
claim damages for any loss we have suffered; or
8.1.2 or at our election, treat the sale as cancelled, and
repossess the Work, in which case (and only in which case) we shall
following the safe return of the Work, refund to you any part of
the purchase price you have paid, after deduction of any sums due
to us including but not limited to costs of recovery and
restoration of the Work.
8.2 We shall also have the right to repossess the Work and cancel
the sale if before you make full payment of the purchase price to
us, proceedings occur in the UK or elsewhere involving your
solvency (including but not limited to the presentation of a
bankruptcy petition or winding-up petition; or the convening of a
meeting to wind you up voluntarily; or an application for an
interim order for a voluntary arrangement, or for the appointment
of an administrator; or the appointment of an administrative or
other receiver).
8.3 Where we notify you of the exercise of our right to
repossession, you will within seven days of such notice, return the
Work to our premises at your cost and risk or tell us where the
Work is kept and allow us to enter the premises where the Work is
(separately) kept and take the Work away at your cost (it being
understood that where the Work consists of more than one item, our
rights of repossession extend to all such items).
9. Limitation of our liability
Any claim against us must be brought within a period of 6 years
from the date of the invoice for the Work or, if we have been
guilty of any fraud deliberately concealed a relevant fact in
relation to the Work within 6 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. 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 provided that nothing in
this clause 9 limits or excludes our liability for: (a) death or
personal injury caused by our negligence or any of our agents;
and/or (b) fraud.
10. Rescission
We will have the right, but not the obligation, to rescind a sale
without notice to you, where an adverse claim is made by a third
party, including but not limited to, someone claiming ownership of
the Work. Upon notice of our election to rescind the sale, you will
promptly return the Work to us. We will then refund the price and
any amount paid to us that represents a royalty due to the Work's
author upon the resale of the Work ("Resale Royalty"). The refund
of the price and any Resale Royalty will constitute your sole
remedy and recourse against us with respect to such claims.
11. 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. During the period in which the Work 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,
but not the right to produce copies of the Work (including
photographs thereof) for publication. If such rights are sought,
you should contact the copyright owner.
12. 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 must be
sent by post, or delivered by hand, to our address or to your last
known address as notified to us by you as the case may be.
13. Further information: Non-trade buyers
This clause applies only where the sale of the Work is to an
individual acting for purposes which are wholly or mainly outside
that individual's trade, business, craft or profession ("the
Consumer"). The Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 (included as amended) applies
to any sale of works of art to Consumers. It is not our standard
policy to sell works of art exclusively by electronic mail/other
methods of distance communication, however, in the exceptional case
where a contract for the sale of the Work is concluded exclusively
through such distance communication:
13.1 We confirm that Alon Zakaim Fine Art Limited as set out in
clause 1.1 is the supplier of the Work sold to you and is the party
to whom any complaints or comments should be directed.
13.2 If you have concluded a transaction exclusively at a distance
you have the right to cancel the contract for the purchase of the
Work in question within 14 days from the day on which you acquire,
or a third party other than the carrier and indicated by you
acquires, physical possession of the Work. Where the Work consists
of more than one item (which are to be delivered separately), such
cancellation period will expire after 14 days from acquiring
physical possession of the last item.
13.3 If you cancel a contract concluded exclusively at a distance
for the purchase of the Work, we will reimburse to you all payments
received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other
than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of
the Work, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later
than:
13.3.1 14 days after the day we receive the Work back from you; or
(if earlier)
13.3.2 14 days after the day you provide evidence that you have
returned the Work.
13.4 If we do not receive the Work back from you, we may arrange
for collection of the Work from you at your cost.
14. Law and Jurisdiction
14.1 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.
14.2 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 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 conditions.
15. Arbitration
15.1 Notwithstanding clause 14.2 above, either party may, by
giving written notice to the other, elect to have any disputes
arising out of, or in connection with, the sale and purchase of the
Work referred to a single arbitrator in London to be resolved in
accordance with the Arbitration Act 1996. The seat of such an
arbitration will be London and the language to be used in the
arbitral proceedings will be English. In the event that the parties
cannot agree upon an arbitrator either party may apply to the
President of the Law Society of England and Wales for the time
being to appoint as arbitrator a Queen's Counsel of not less than 5
years standing. The decision of the arbitrator shall be final and
binding.
15.2 Save that the parties acknowledge each other's right to seek,
and the power of the High Court to grant, interim relief, no Court
action shall be brought in relation to any claim or dispute until
the arbitrator has made a final award.
Prices subject to revision.