Terms and Conditions

1. Purpose and Effect

  • 1.1 These terms and conditions set out all the terms of the agreement, other than price between you as buyer and us, Kulture Sculpture, as seller, in relation to the sale and purchase of an item or items identified in the invoice, refer to below as ‘the product’. We confirm that we either own the work or are authorised to sell the product on behalf of the owner.
  • 1.2 The website, kulturesculpture.co.uk, is owned and maintained by Kulture Sculpture and is subject to UK law.
  • 1.3 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 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 Accuracy: we have made every possible effort to ensure that the content of the website kulturesculpture.co.uk are accurate and up to date. We reserve the right to amend any errors or omissions at our discretion and will endeavour to do so at the earliest opportunity. Artists’ particulars (where applicable) are provided by the artists themselves and we accept no liabilities for inaccuracies or misrepresentations in these details.
  • 2.3 Copyright: all content included on this site, such as text, images, and HTML is the property of kulturesculpture.com/kulturesculpture.co.uk and culturesculpture.co.uk, its owner and/or its artists, and any third party content is used by us pursuant to express authorisation from copyright owners or their agents.
  • 2.4 All copyright, trademarks and other intellectual property rights in and relating to kulturesculpture.co.uk or its contents are vested in kulturesculpture.co.uk, its owner and/or its suppliers where appropriate. You must not use, reproduce, modify or distribute images or any part of thereof in any manner, whatsoever. It should be noted that all artists retain copyright in their own work.
  • 2.5 Colour: please note that the colours and appearance of an original work may vary slightly from the way it appears on a computer screen. All images featured on the website have been photographed at a high resolution but are displayed on the website at a lower level to enable acceptable download times. Your individual computer monitor may show tones and colours which vary from the original tones and colours of the works displayed on the site. This is because individual computer monitors have individual settings and preferences over which we have no control.
  • 2.6 Usage: All works are subject to our approval prior to them appearing on the live kulturesculpture.co.uk website and we reserve the right to edit or remove any item subsequently added. We cannot guarantee that the operation of the website will not be interrupted or error-free, we will not be liable for the consequences of any such events.

3. Reservation Of A Product
We will reserve an item/product on receipt of written confirmation from the buyer which must state:

  • (i) the details of the product; being the name as shown on our website.
  • (ii) the name and address of the buyer.
  • (iii) the name and address of the consignee.
  • (iv) the delivery address.
  • (v) the method of payment.
  • (vi) further details as deemed necessary by the buyer.

Reservation of the order will be confirmed subject to availability.

4. Payment Of Purchase Price

  • 4.1 the full purchase price for the product must be paid, together with agreed delivery costs and any amounts payable to us under clause 7 below by bank transfer or such other methods as we agree. It will be deemed that payment has not been made until we have received cleared funds representing the full amount due.
  • 4.2 Failure to pay the purchase price in full within 7 day reservation period the painting /product will be subject to availability.

5. Passing Of Ownership

  • Ownership will pass once the purchase price has been paid in full.

6. Authenticity Of Works

  • All our products will arrive with a document of endorsement and invoice.

7. Delivery Of The Work And Passing Of Risk

  • All our products are made to order, our delivery times will depend on whether we have the product in stock or not.
  • 7.1 delivery of the work will be done by using either the Royal Mail or alternative secured means of delivery within 3-5 weeks of payment clearance at which time you will be given a date of arrival at the given consignee address. Special arrangements can be made if needed.
  • 7.2 Kulture Sculpture is responsible for the delivery of the work and undertakes to fully insure against the risk of damage, theft or loss of it until the time you sign the delivery company’s delivery document.

8. Export

  • 8.1 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.
  • 8.2 If, contrary to our normal practice, we allow you to make arrangements for export of the work, you must comply with all requirements of HM Customs and Excise, the export licensing authorities and any other relevant official bodies and:
  • 8.2.1 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
  • 8.2.2 reimburse to us any sum claimed if any official body makes any claim against us for expenses or penalties resulting from your failure to comply with the relevant requirements for export and import.
  • 8.3 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.
  • 8.4 Unless otherwise agreed in writing, the sale of the work is not dependent on either us or you obtaining an export licence.

9. Return And Refund Policy

  • 9.1 Kulture Sculpture offers a 7 day return and refund policy.
  • 9.2 If you are not happy with the work you have received we will accept its return provided that it is in the same condition as it left the gallery. In the event of a dispute as to the condition of the work you would be required to prove that any damage was caused before delivery.
  • If the condition of the work is not in dispute, it would be your responsibility to contact Kulture Sculpture and we will organise the return shipment in liaison with you . The work will be examined when returned to Kulture Sculpture and subject to our satisfaction that it is in perfect condition as it left the gallery a full refund will be made. You will be responsible for payment of the delivery costs which will not be refunded.
  • 9.3 Should you be able assure us beyond reasonable doubt that the details and image of the work as shown on the Kulture Sculpture website do not meet with the work received, you must notify Kulture Sculpture thereof within 7 days of your receipt of the work. Under such circumstances Kulture Sculpture will organise the return delivery of the work and cover all delivery charges for the delivery and the return of the work.
  • 9.4 Damaged product: If the delivered work is damaged in any way, you must inform us immediately in order for us to assist you and to be able to claim against our delivery insurance.
  • Details of damage caused in transit should be noted by you on the Delivery company’s delivery document at the time of the receipt of the work.

10. Refund Policy

  • 10.1 A full refund for the work will be granted for:
  • 10.1.1 Work returned under the terms of clause 9.1.
  • 10.2 A full refund for the work and delivery costs will be granted for.
  • 10.2.2 Work returned under the terms of clause 9.2.
  • 10.2.3 Work received damaged under clause 9.3. You must prove the damage to Kulture Sculpture by means of photos or return of the work.
  • 10.2.4 Work not received due to an error on Kulture Sculpture’s part. The full refund will be granted within 14 days of your notification to clauses 9 and 10.

11. Limit Of Liability

  • The maximum liability for any loss arising due to our negligence will be limited to a sum equal to the value of the payment received for the work.

12. Limitation Of Our Liability

  • Any claim against us must be brought within 6 years from the date of the invoice for the work or, if we have been guilty of any fraud or 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.

13. 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 London address or to our last known address as the case may be.

14. Law And Jurisdiction

  • 14.1 These terms and conditions are to 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. 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.

15. Severability

  • If any part of these terms is found to be invalid, unlawful or unenforceable by any Court or other competent authority, it will not affect the remaining terms, which will continue to be valid and authority, it will not affect the remaining terms, which will continue to be valid and enforceable.

16. Changes To The Terms and Conditions

  • We reserve the right to change the Terms and Conditions from time to time, and should we do so, we will post a new version on our website. The new version will take effect from the time of posting on the site.