Terms & Conditions
DEFINITIONS
“Seller” refers to Guild Gallery“Buyer” refers to the party purchasing artworks(s) from the “Seller.”
In consideration of the mutual covenants contained herein, the Buyer and Seller agree to abide by the following terms and conditions for the purchase and sale of all Guild Gallery artworks. Acceptance of order and delivery constitutes Buyer’s assent to these Terms and Conditions.
PURCHASES, RETURNS AND REFUNDS
I. PAYMENT TERMSAll purchases including taxes and shipping charges must be paid in full at the time of order placement. Prices as quoted are valid for 30 days from the date of issue or as otherwise noted in quotations. Accepted payment methods include credit/debit cards, bank transfers, check, or other mutually agreed upon payment methods. Wire transfer fees are the responsibility of the buyer and may take up to 5 days to clear. Orders are confirmed and processed once payment is successfully received. Failure to make payment at the time of order placement may result in delays or cancellation of the order.
II. CHARGES AND CREDITS
Customer authorizes, understands, and agrees that all charges and fees as outlined in the terms of sale will be charged on the credit card provided at time of sale. If at any time your payment method cannot be verified, is invalid, or is otherwise not accepted, your purchase may be suspended until you are able to resolve the problem to our satisfaction.
III. FINAL SALE / NON-RETURNABLE
All Guild Gallery artworks are final sale and non-returnable. There are no returns or exchanges on artworks.
IV. ARTWORK COMMISSIONS
It is possible to commission artwork from some Guild Gallery artists. Artwork commissions require a 50% non-refundable deposit and confirmation of commission details in order to begin production. The 50% balance and any related payments such as for packing and delivery of the artwork is required upon artwork completion and prior to transfer of ownership to the Buyer via delivery or pick up. Buyers are responsible for information not communicated to Guild Gallery resulting in questions about the commissioned artwork. Any and all agreed upon Artwork Commission details may be changed after the 50% deposit is received only with the express written consent of Guild Gallery. The Buyer understands and agrees that each Artwork Commission is unique and variable and that certain elements of an Artwork Commission can be specified, such as materials, approximate size, approximate coloration, and approximate style related to an existing artwork, and that certain elements of an Artwork Commission cannot be specified and are at the discretion of the artist and artistic process, such as specific surface textures, specific colors and exact dimensions, among other variables.
A. Cancellation of Artwork Commissions
Artwork Commissions cannot be cancelled once the 50% non-refundable deposit is paid. If the Buyer attempts to do so, they forfeit the full deposit.
B. Changes to Artwork Commissions
An Artwork Commission may be changed at the request of a Buyer with the express consent of Guild Gallery if production of the commission has not commenced or not advanced beyond the point where such changes are no longer possible. All changes to Artwork Commissions that are approved by Guild Gallery are subject to a twenty per cent (20%) change order fee and associated lead time will recommence.
C. Return of Artwork Commissions
Artwork Commissions may not be returned or exchanged. No exceptions will be made.
COLLECTION POLICIES
I. ARTWORK COLLECTIONGuild Gallery does not arrange shipping for artworks and instead requires the buyer to arrange their own collection from the designated collection site. NYC sales tax will be charged unless the buyer provides proof of out-of-state shipping or other exemption. Shipping costs (including packing and crating), insurance expenses, and any statutory charges (VAT, etc.) are the responsibility of the buyer. A collection window will be established at the time of sale – pieces not collected within that window will be subject to a 5% storage fee per month as well as any costs associated with transferring the pieces off-site.
II. ARRANGED SHIPPING
In rare instances Guild Gallery may arrange shipping on behalf of the Buyer and/or connect the Buyer with a third-party shipper. All associated shipping costs are the responsibility of the Buyer. We do our best to estimate shipping charges in advance, but we may need to update your shipping costs prior to finalizing delivery arrangements (particularly if there is fuel market volatility). Any issues/damage due to shipping are the responsibility of the shipper, not Guild Gallery. Ownership of artwork transfers to the Buyer upon the carrier taking possession of the order for transport. Therefore, responsibility for damage occurring in-transit is the Buyer’s and claims for freight damage must be made within 48 hours of receipt. Measurements for purchased artwork are provided as needed. Buyer must verify that all items are deliverable into Client’s residence prior to purchase. Delivery charges are not refundable for unsuccessful attempted deliveries (i.e. customers not available at the delivery address during the agreed date/time or for items which do not fit into the building/residence). Customer agrees to accept delivery or arrange pick up within 30 days of the order being available. After 30 days of the order being available for delivery or pick up, the customer understands and agrees to a 5% storage fee per month for the cost of all goods for up to 6 months. In the event of an error in shipment, Guild Gallery’s sole obligation will be to accept the return of the item in its original condition/packaging and re-ship the correct item.
III. RECEIPT AND INSPECTION OF PRODUCT
The Buyer (or the Buyer’s Representative) must inspect all product(s) upon receipt. If a specification or quality discrepancy is found, or there is visible damage to packaging, photos must be taken of the product and Guild Gallery must be advised in writing with images provided within forty-eight (48) hours of receipt of goods. This is necessary to resolve damage claims. Never discard original packaging until completely satisfied with the delivery. Failure to retain original packaging may invalidate any damage claim. Upon receipt of such notice, Guild Gallery will assess the issue and reserves the right to remedy the situation as it sees fit, in its sole discretion, including the right to repair, replace or otherwise.
Guild Gallery highly recommends using a qualified receiving warehouse to receive and inspect deliveries. A receiving warehouse will act as an agent for the Buyer and is responsible for noting any damage and to be available to assist the Buyer with filing a claim if any damage is found. A qualified receiving person should be present to accept items when delivered directly to a home. A signature on the BOL upon receipt of the item(s) confirms that the item(s) are received in good condition unless there is an exception made on the BOL. If artwork is refused upon delivery for quality or damage issues, the receiver must contact Guild Gallery immediately. Full inspection of merchandise must occur within 48 hours of delivery and all freight claims filed within 72 hours.
IV. ARTWORK QUALITY AND IN-TRANSIT DAMAGE REPORTING
Artworks are inspected by Guild Gallery’s staff or designated representatives prior to release to ensure that the artwork is in good condition and complete. The carrier is responsible for inspection of the artwork before transport and any damage must be noted on the BOL. A signed BOL is confirmation that the carrier has accepted responsibility for delivering the items in the condition in which they were received.
V. ACCEPTABLE ARTWORK VARIATIONS AND UNIQUE QUALITIES
Artworks are unique items, and the following variations and qualities are acceptable.
1. A work has slightly different coloring depending on lighting.
2. Details that are artistic or incidental to the making of the work, but may not be evident in artwork images (e.g. visible brushstrokes).
3. Slight differences in dimensions.
VI. LEAD TIMES
All lead times and delivery dates are estimates, and are subject to change without notice, and cannot be used as justification for cancellation. The Buyer hereby agrees not to hold Guild Gallery, Guild Gallery’s artists, or Guild Gallery’s employees responsible for delays beyond the Gallery’s control. Guild Gallery is not liable or responsible for any delay or failure to deliver caused by labor or transportation difficulties, acts of God, natural disasters, terrorist, failure of sources of supply or other causes beyond our control and such changes will affect the delivery date.
VII. INSTALLATION
The customer authorizes, understands, and agrees that any damage to Guild Gallery artwork(s) because of incorrect installation or insufficient conditions are the responsibility of the customer. Proper installation should be conducted by a qualified professional and adhere to art installation guidelines.
VIII. SEVERABILITY
If a term or condition contained herein is deemed invalid, such provision shall be severed and the remaining terms and conditions remain binding.