Original Work & Editions Terms of Sale - Updated 08/09/2021

 


Please note: This page together with our Privacy Policy, Terms of Purchase and our Terms of Use tells you information about us and the legal terms and conditions ("Terms of Purchase") on which we sell the products ("Products") listed on the Site to you.

These Terms of Purchase will apply to any contract between us for the sale of Products to you ("Contract"). Please read them carefully and make sure that you understand them before ordering any Products from us. Please note that before placing an order for Products ("Order") you will be asked to agree to these Terms of Purchase. If you refuse to accept these Terms of Purchase, you will not be able to order any Products from the Site.

We may amend our Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the legal terms and conditions which will apply at that time. You should print a copy of these Terms of Purchase or save them to your computer for future reference.

 

 ORIGINAL WORK AND EDITIONS TERMS OF SALE


Turner Contemporary Enterprises Ltd (TCE) is authorised to sell original work and editions as agent to the artist


All original artwork is sold as seen in the gallery spaces but does not include plinths or display equipment.


1. PURCHASER RESTRICTIONS


1.1. You acknowledge and agree to comply with the following before purchasing the original work from TCE;
1.1.1. Original work must not be purchased for commercial resale and therefore sales to dealers (being individuals or companies which buy and sell art by way of business) are strictly prohibited
1.1.2. TCE reserves the right to refuse to sell or to rescind the sale of original work to any purchaser who in the opinion of TCE is attempting to circumvent the above restrictions
1.1.3. In the case of editions, the Purchaser (inc. household) may purchase only one print from the artist edition. The Purchaser may not attempt to purchase further editions directly or by asking third parties to purchase further editions on the Purchaser’s behalf. 
1.1.4. In accordance with anti-money laundering legislation, TCE may be required to make identification and screening checks on buyers as shown in Clause 3. All sales are subject to satisfactory completion of these checks, which must be carried out before any Work(s) are released to Purchasers. TCE shall have no liability for any delay caused to, or cancellation of, purchases where these checks cannot be completed satisfactorily.

1.1.5 The Purchaser agrees not to make the Edition available for resale for a period of five years without first offering it back to Turner Contemporary at fair market value. Turner Contemporary shall be entitled to rescind the sale of the Edition for breach of this clause.


2. OWNERSHIP AND COPYRIGHT


2.1. Title to the work shall pass to the Purchaser on delivery and full payment (or on successful finance application).
2.2. No copyright or other intellectual property rights are granted to the Purchaser and the Artist’s moral rights are hereby asserted.
2.3. You must not use, reproduce, copy or edit artworks which remain in copyright without obtaining a licence to do so from the artist who created the work. Any such use must be in accordance with applicable laws.


3. IDENTITY CHECKS


3.1. If you purchase artwork over the value of £7,000 or a purchase multiple artworks over the value of £7,000, we are obliged to make identity checks in line with the governments legislation to combat money laundering and terrorist financing. TCE will contact you after you have completed your order to make the necessary identification check to For further information, see Art market participants guidance for money laundering supervision.
3.2. TCE will require a copy of a valid photo identity document such as a passport, driving licence or national ID card. Where that identity document does not contain a residential address, additional proof will be required, in the form of a bank or utility bill or other official correspondence, dated within the previous three months.
3.3. If you are buying on behalf of a company, you will need to provide us with the company details including evidence of incorporation, directors and the ultimate owner.
3.4. If you are an agent acting on behalf of a buyer, you will need to provide your details and those of the buyer.
3.5. Payments will need to be received from the bank account held in the name of the person or company named on the order.


4. DELIVERY


4.1. On full payment and unless agreed otherwise in writing, delivery shall be made to the address provided by the Purchaser with TCE’s preferred shipping method and provider. Delivery shall take place within 30 days from the date of payment unless;
4.1.1. The work is to be framed
4.1.2. The work is part of an exhibition and will not be available for delivery until after the exhibition has closed
4.2. All Exhibited artwork is sold as seen, Purchasers of Exhibited artwork available for delivery, will be provided with a condition report ahead of delivery. On delivery Purchasers are advised to immediately check the condition of the artwork.
4.3. It is the Purchasers responsibility to check the artwork on delivery, any damage must be reported to the delivery provider and TCE within 24 hours of delivery to ensure validity of shipping insurance. Reports must include images or damage. If damage is not reported within the time specified, the risk fall to the Purchaser
4.4. From the time the Purchaser is in physical possession of the artwork, risk shall pass to the Purchaser and from that time the Purchaser shall be responsible for the Edition and should make appropriate arrangements to insure it.
4.5. If the Purchaser wishes to choose a different method of delivery than TCE preferred choice, delivery to the Purchaser shall be deemed to take place when the Purchaser’s shipper collects on the Purchaser’s behalf. Upon collection by that shipper the title to the artwork shall pass to the Purchaser who will be responsible for damage to and loss of the artwork from the point of collection onwards.


5. COLLECTION ONLY ARTWORK


5.1. Exhibited artwork will be available for collection by you after the close of the exhibition and before the final collection date as stated in the product description. You will be contacted by a member of the TCE team to schedule your collection date and time.
5.2. Exhibited artworks not collected by the final date stated in the product description, will be refunded. If you wish to have the work stored for longer at Turner Contemporary an optional storage charge will be available at the rate of £15 including VAT per artwork, per week or part week. The charge will be payable immediately of notification by the purchaser.
5.3. On collection the purchaser must provide valid photo identity document such as a passport, driving licence or national ID card. Where that identity document does not contain a residential address, additional proof will be required, in the form of a bank or utility bill or other official correspondence, dated within the previous three months.
5.4. If a person is collecting on behalf of the purchaser, TCE must be notified in writing or by email 5 working days in advance of the agreed collection date. The person collecting must also provide valid photo ID and a copy of the order.
5.5. The purchaser may arrange collection of collection only artwork by a shipping method of their choice, please refer to Clause 4.5. In this instance all packaging costs, shipping costs and taxes associated with the delivery of collection only artwork will be met by the purchaser.


6. OTHER IMPORTANT TERMS


6.1. The Purchaser shall be responsible for any, and all direct or indirect taxes and/or duties, including export and import duties.
6.2. We are under a legal duty to supply products that are in conformity with these Terms and Conditions. Nothing in these Terms and Conditions will affect your legal rights.

6.3.Turner Contemporary shall deal with personal data in accordance with its Privacy Policy. For the avoidance of doubt, the Purchaser authorises Turner Contemporary to share the invoice with the Artist’s studio for its records
6.4. These Terms and Conditions and any non-contractual obligation arising from or in connection with them shall in all respects be construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.