TERMS AND CONDITION
PLEASE READ THESE TERMS AND CONDITIONS OF USE, AND THE CONDITIONS OF BUSINESS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND THE CONDITIONS OF BUSINESS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site. ("Kunzt" , “or "Company"), with its home page located at www.kunzt.gallery (the "Site") and the information and other services provided therein (the "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Kunzt, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms. You as an individual or on behalf of a business entity will be referred to as "You" on this Site.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Although we will attempt to notify you when major changes are made to these site terms, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. If you have any question regarding the use of the Site, please refer first to FAQ’s. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org
1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username. 2. You are responsible for keeping your password secure. 3. You must not abuse, harass, threaten, impersonate or intimidate anyone on the Site. 4. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post and display on the Site. 5. You must not modify, adapt or hack the Site or create/modify another website so as to falsely imply that it is associated with the Site or Kunzt. 6. You must not create, submit, or subject Kunzt members ("Members") to unwanted conversations or email. 7. You must not transmit any worms or viruses or any code of a destructive nature that could effect the Site, Kunzt or its users. Violation of any of these agreements will result in the termination of your Kunzt account.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Kunzt has adopted a policy of terminating, in appropriate circumstances and at Kunzt’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Kunzt may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
Kunzt services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Kunzt services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Kunzt members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Kunzt. Further, your Kunzt account and User ID may not be transferred, licensed, or sold to another party.
In the event that you have a dispute with one or more users, you release Kunzt (and Kunzt’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Copyrighted material including, but not limited to photograph(s) licensed or sold by Kunzt, remains with the copyright holder at all times. Site users may not reproduce copyrighted material (e.g. purchased photographs) without express permission from Kunzt or, in certain instances, the copyright holder.
IN NO EVENT SHALL Kunzt, AND (AS APPLICABLE) Kunzt’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Kunzt SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Kunzt’s LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Kunzt’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Kunzt IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) USD100$. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a product offered by kunzt.gallery is mistakenly listed at an incorrect price, Kunzt reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kunzt.gallery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, or you have otherwise paid for the purchase and your order is cancelled, kunzt.gallery shall issue a credit to your credit card account in the amount originally billed.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You agree to indemnify, defend, and hold harmless Kunzt, its officers, directors, staff members, brokers, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
EXTRA TERMS AND CONDITIONS
1) kunzt is a brand owned by Del Mundoo S.A. - registered in Britisch Virgin Islands 2) Kunzt is an Internet service made available under the terms and conditions of this user contract. 3)The users of kunzt.gallery state that he/she is at least 18 years of age and has the legal competence to conclude this terms and to buy/sell trough kunzt.gallery 4)kunzt.gallery cannot be held responsible for the fraudulent use of the website kunzt.gallery, or any other actions that are the result of using kunzt.gallery 5) kunzt.gallery offers no guarantee as to the absolute accuracy of the information concerned. It commits itself only to an obligation of due care and diligence as to the input of the information provided by the sellers of artworks. 6) This contract is subject to the Uruguayan law. 7) In no case, works in consignment (works that are not the property of kunzt.gallery) listed on kunzt.gallery can be interpreted as a guarantee by kunzt.gallery with respect to the authenticity, quality, or origin of the work of art which is sold. kunzt.gallery, on the one hand, and the seller/buyer, on the other, are independent parties, with each one acting in its own name and on its own behalf. We only intercede in transactions between buyers and sellers as a broker by internet. Correspondingly, we do not exercise any control over the quality, security or lawfulness of the objects which are listed, the sellers' legal capacity to sell said goods or services, or the buyers' ability to pay for said goods or services. Thus, you exempt kunzt.gallery from all liability (as well as our subsidiaries and companies in the group, company managers, senior executives and employees) in case of dispute for any claims, and for all present or current damage resulting directly or indirectly from buying/selling trough kunzt.gallery. 8)You will, and can not hold kunzt.gallery responsible for any transactions, actions, or inactions between buyers and sellers. You acknowledge that we are not a traditional gallery. Instead, our website is a venue to allow sellers to offer, and buyers to buy, artworks, at anytime, from anywhere. 9) We are not involved in the actual transaction between buyers and sellers. While me may help facilitate the sale, we have no control over and do not guarantee the quality, safety or legality of the items sold by sellers. 10) We do not transfer legal ownership of items from seller to buyer.
Except as explicitly stated otherwise, any notices shall be given by postal mail to: Kunzt Gallery - Costa de Jose Ignacio - Garzon - Uruguay (in the case of Kunzt) Alternatively, Kunzt may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kunzt during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. RESOLUTION OF DISPUTES Kunzt’s goal is to make you happy. In the event a dispute arises between you and Kunzt, please email us at email@example.com
CONDITIONS OF BUSINESS
These Conditions of Business govern the relationship between (i) you as the buyer of an artwork(s) offered on www.kunzt.gallery (the "Site") (ii) (“Kunzt”, "we", "us", or "our") acting as agent for the seller and providing services to the buyer, (iii) the seller of the artwork(s) consigned to kunzt and being offered for sale on the Site (the "Seller") and (iv) the owner and operator of the Site.
These Conditions of Business, which set out the terms on which Kunzt and the Seller contract with you, and all other terms and conditions applicable to the sale of artwork(s) offered on the Site and displayed or linked to the artwork page on the Site (the "Additional Terms"), form the entire agreement between you, kunzt and kunzt.gallery, and the Seller. In the event of a conflict between these Conditions of Business and the Additional Terms, the Additional Terms shall prevail.
We have the right to amend these Conditions of Business and the Additional Terms from time to time, and we shall inform you of any such amendments by posting notices on the Site. You should read these Conditions of Business and any Additional Terms carefully before making a purchase on The Site . By making a purchase on the Site, you acknowledge that you are bound by these Conditions of Business and any Additional Terms.
1. Kunzt as Agent
Unless otherwise indicated, Kunzt acts as an agent for the Seller. If you buy an artwork on the Site, the contract of sale of the artwork is concluded directly between you, as the buyer, and the Seller. Separately, Kunzt provide certain services to you in connection with your buying the artwork.
2. Our Sales
www.kunzt.gallery is an online platform where you can buy contemporary art from one of our consigners (the consigner can be a private person, a publisher, an artist, an art broker, an art gallery.)
3. Property Details
Artworks 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 artworks offered for sale is dependent on information provided to us by the Seller, and Kunzt is not able to and does not carry out exhaustive due diligence on each artwork. In particular, when we do not take possession of the artwork, we do not have the opportunity to inspect its physical condition, and we rely on the images of the artwork and other information provided by the Seller to describe it on the Site. You acknowledge that our and your ability to conduct due diligence on artwork is limited, and you accept that when buying an artwork on the Site, you rely on information provided by the Seller. Notwithstanding the foregoing, we shall exercise reasonable care when describing an artwork 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 Kunzt at the time of the sale taking into account the number of artworks posted by Kunzt on the Site and the limited amount of time available to Kunzt to post such artworks. (b) You may contact Kunzt to inspect the artwork to satisfy yourself as to its condition and description before making offers or before making a purchase. Inspections are granted on a discretionary basis and are contingent on the nature and the location of the artwork. We offer no guarantee that the artwork you wish to inspect will be available for inspection. If you decide to make an offer/purchase for an artwork you have not inspected prior to making the offer, you acknowledge that you do so at your own risk. (c) You acknowledge that many artwork are of an age and type, which means that they are not in perfect condition. Artwork may have other faults and imperfections not expressly referred to in the artwork 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 artwork. (d) The description of artworks on the Site may include references to condition. Additionally, upon request, we may provide a report on the condition of an artwork. If the artwork 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 buyer. The provision of a condition report may not be practical, given time constraints, the physical location of the artwork and other considerations. The condition of artworks 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. Artworks are sold in the condition they are in at the time of the sale. Any reference to condition on the artwork page on the Site will not amount to a full description of condition, and images may not show the condition of the artwork clearly. In particular, colours and shades may look different in print or on screen to how they look in real life. Condition reports may help you evaluate the condition of an artwork. 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 artwork page on the Site or provided by us simply record the result of a cursory visual inspection of the artwork. For that reason they are not an alternative to examining an artwork 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 artwork on the Site is not a warranty and Kunzt 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 artwork, 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 Kunzt. (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 artworks 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 artwork 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.
4. Participating in buying on kunzt.gallery
(a) Kunzt has absolute discretion to deny participation in a purchase on the Site. (b) You must register (providing your correct email address, full name, complete address, phone number) on the Site to purchase an artwork. In order to register, you will be asked to supply the information requested on our BUY or MAKE AN OFFER pop-up for verification purposes only. Registrants must be 18 or over to make a purchase. To make a purchase using Buy Now or Make an offer, you will need to provide your personal information. (c) To purchase an artwork: by clicking on the button "BUY" on the “artwork detail" page, you will be deemed to buy the artwork at the Buy Now price. You are then required to complete “buy” process on the Site immediately after placing the order.
By clicking on the button "BUY" on the “Artwork detail" page, you will be deemed to have made an irrevocable offer to buy the artwork for a price up to the amount shown on the “artwork detail” page. If you become the buyer of an artwork, we will notify you by email, and a binding sale contract will automatically be concluded between you as the buyer, and the Seller of the artwork. The price will be the amount shown on the email confirmation, plus additional charges. You will then be required to complete your purchase. Failure to complete your purchase will amount to a breach by you of the sale contract. When placing a ‘Buy Now’ order , you accept personal liability to pay the Total Amount Due defined in Paragraph 6(a) below.
5. Conduct of the Sale
(a) Certain artworks offered on the Site may be owned by Kunzt or its affiliated companies. (b) Occasionally, Kunzt or one of its affiliated companies may have a direct financial interest in an artwork offered on the Site. (c) Kunzt reserves the right to reject, revoke or refuse to accept any offer or purchase at any time. If any dispute arises after the sale, our sale record is conclusive. (d) Kunzt reserves the right, at our sole discretion, to withdraw any artwork from the Site. If any dispute arises after the sale, our sale record is conclusive. (e) Our sales will usually be conducted in USD, EUR, and GBP and all payments are due, and must be made, in USD, EURO or GBP, unless otherwise agreed with Kunzt prior to the purchase.
6. Payment of the Total Amount Due
(a) In addition to the agreed price, the buyer is liable to pay the shipping costs (as set out in Paragraph 10 below), plus any applicable sales tax, use tax, VAT or other tax 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 artwork is shipped to the country you designate. Kunzt 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 Kunzt (time is of the essence). If you buy an artwork using the “Buy Now” feature, you must pay the Total Amount Due immediately by bank wire, credit card, or other method agreed with before the purchase, or the artwork will be remain available for sale to other visitors to the Site until payment is made. If you pay for a purchase 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 country where you are located. (f) Payment must be made in the currency agreed with Kunzt by credit card or wire transfer as follows for any artwork sold by Kunzt. (i) In some cases, we might accepts Visa and MasterCard. A processing fee will apply. (ii) Payment by wire transfer may be made directly to the seller (or the consigner) under certain conditions, or to Kunzt Gallery. When making payment by wire transfer, you must quote the relevant invoice number. (g) Credit Card purchases may not exceed $10,000 per purchase. In the event a credit card charge is not approved, the buyer remains personally liable to Kunzt for all amounts due. If you make an unjustified credit card or debit card charge or chargeback then you will be liable to pay Kunzt 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 USD 50.00 including VAT; 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). (h) 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 (i) or (ii) above. (i) If you have any questions about payment, please contact firstname.lastname@example.org (j) Additional Information on Payments. Please note that Kunzt will not accept payments for purchased artworks from any party other than the purchaser, unless otherwise agreed between the purchaser and Kunzt prior to the sale. It is against Kunzt general policy to accept payment in the form of cash. It is Kunzt‘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.
7. Transfer of Ownership
(a) Ownership of an artwork will pass to the buyer when Kunzt receives payment of the full Buy Now price of the artwork, and any applicable sales tax, use tax, VAT or other tax due on Buy Now price of the artwork (the "Purchase Price") in cleared funds. (b) In the event that the purchase of a artwork is subject to Directive 2011/83/EU (private buyers located inside the E.U. that buy from a professional seller located in the E.U) of the European Parliament and of the European Council dated 25 October 2011 on consumer rights as implemented in the Member States of the European Union (the "Directive"), that the buyer is permitted to cancel the sale of the artwork and notifies Kunzt of his/her intention to cancel the sale, ownership of the artwork shall immediately pass to the Seller of the artwork.
8. Transfer of Risk
(a) Risk of loss or damage to an artwork shall pass from the Seller to the buyer on the date when Kunzt receives the full Purchase Price in cleared funds. (b) For private buyers located inside the E.U. that buy from a professional seller located in the E.U; In the event that the purchase of an artwork is subject to the Directive, that the buyer is permitted to cancel the sale of the artwork and notifies Kunzt of his/her intention to cancel the sale, risk of loss or damage to the artwork shall remain with the buyer until the artwork is delivered by the buyer to the Seller or the Seller’s designated shipping agent. The buyer must insure the artwork against all risks of loss or damage until the artwork is so delivered.
(a) Delivery to the buyer of an artwork purchased on the Site occurs when the artwork is handed over to the shipper by the Seller or by Kunzt for packing and shipping. (b) Kunzt and the Seller are not obliged to release an artwork to the shipper, and we or the Seller may withhold delivery of the artwork, until we have received the Total Amount Due in cleared funds, the buyer has paid all outstanding amounts due to Kunzt or any of its affiliated companies, and relevant anti-money laundering or anti-terrorism financing checks have been completed.
Buyers have 48 hours to inspect and approve their purchase. Buyers must open and inspect the artwork immediately, save all packing materials, and notify us of approval via email. We need your satisfaction in writing. In case there is visual damage on the outside of the packing, please mention this damage on receipt slip of the shipper. Please also notify Kunzt by email email@example.com and please add pictures of the damaged parcel.
10. Packing and Shipping
(a) on request of the Buyer, Kunzt will facilitate the packing and shipping of artworks purchased on the Site, no matter where the Seller and the buyer are located. (b) Kunzt does not pack and ship artworks. We will, on your request and behalf and at your expense, procure packing and shipping services by third party shippers. The shipper will pack and ship the artwork as your agent to the address designated by you. (c) Our standard shipping timeline from payment for artwork and shipping fees to delivery is three (3) to four (4) weeks for shipments within the continental United States or countries within the European Union, to eight (8) weeks for all other shipments. (d) On the Buyers request, Your shipment will be managed by one of Kunzt’s shipping partners. Most artworks are shipped by FedEx, UPS, DHL, BPOST, EMS, TNT. (e) The buyer is liable to pay all packing and shipping costs incurred in relation to Kunzt bought on the Site. If the shipment of an artwork 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 artwork. (f) The Seller must release the artwork to the buyer within five (5) to seven (7) calendar days from being notified that Kunzt or the Seller has received the Total Amount Due in cleared funds. If the Seller fails to release the artwork(s) 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 Kunzt to do so within fourteen (14) calendar days from the date of such notice, the Seller must refund the buyer the full amount paid in relation to the artwork(s), the contract for the sale and purchase of the artwork(s) shall be at an end, and the buyer shall have no further claim against either the Seller or Kunzt 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).
11. Assumption of Risk
(a) On demand of the buyer and/or seller, Kunzt can arrange for the packing and shipping of all purchased artworks ("Artworks"). In that case, we will provide the buyer with a shipping quote for the Artwork at the time of the purchase or shortly thereafter. (b) Any and all claims for loss of or damage to the artwork must be made in writing to Kunzt no later than two (2) business days after the date of delivery of the artwork to the buyer or the buyer's designated representative. Images documenting the claim for loss or damage must be provided to Kunzt and all original packing material must be saved to support any required investigation of the claim for loss or damage.
Frames are often included as a courtesy or to protect the work during shipping but they are considered used, not part of the final sale price, and not grounds upon which a buyer may reject a transaction.
12. Remedies for Non-Payment
(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 a artwork as provided in these Conditions of Business, Kunzt may in our sole discretion exercise one or more of the following remedies: (i) store the artwork at Kunzt’s premises or elsewhere at the buyer’s sole risk and expense (ii) cancel the sale of the artwork, retaining any partial payment of the Total Amount Due as liquidated damages; (iii)reject future purchases or Buy orders from the buyer or render such purchases or Buy Now orders subject to payment of a deposit; (iv) charge interest at 12% per annum from the date payment became due until the date the Total Amount Due is received in cleared funds; (v) exercise a lien over any of the buyer’s property which is in the possession of Kunzt 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 Kunzt, 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 Kunzt; (vi) resell the artwork, it being understood that in the event such resale is for less than the original Purchase Price of that artwork, 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 sale price and authorizes us to charge the buyer’s credit card for the restocking fee; (vii) commence legal proceedings to recover the Purchase Price due for the artwork, together with interest and the costs of such proceedings (including but not limited to legal fees); (viii) 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; (ix) 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 (x) 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 Kunzt 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. Kunzt will notify the buyer if the buyer’s property has been delivered to an affiliated company by way of a pledge.
13. Rescission by Kunzt
Kunzt 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 an adverse claim is made by a third party.
14. Export and Import Controls; Shipping Restrictions
(a) Before purchasing or placing a Buy order for any artwork, you are advised to make your own inquiries as to whether a license is required to export or import the artwork. It is your sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permits for any artwork purchased on the Site. None of Kunzt or the Seller makes any representations or warranties as to whether any artwork 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 artwork(s). You may be prevented from purchasing, or calculating shipping costs if you elect to ship to a prohibited destination. Kunzt reserves the right to cancel the sale if it determines, in its sole discretion, that the property cannot be shipped to your destination. (c) Artworks 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 purchasing any artwork containing wildlife material. Identifying endangered species of wildlife in an artwork is not straightforward and any symbols or notices in the artworks description on the Site merely reflects Kunzt’s reasonable opinion and are for the purchaser’s general guidance only. You rely on such symbols or notices at your risk.
16. Data Protection
17. Exclusions and Limitations of Liability
(a) Subject to Paragraphs 17(d) and 17(e) below, Kunzt 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 pertainingto 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 artwork, 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 17(a) above, if we are found to be liable to you for any reason in connection to the sale of an artwork or the provision of services in relation to an artwork, then subject to Paragraphs 17(d) and 17(e) below, our total aggregate liability to you in connection with that artwork shall be limited to the sales commission paid by you to us for the artwork. (c) If the Seller is found to be liable to you for any reason in connection to the sale of an artwork, then subject to Paragraphs 17(d) and 17(e) below, the Seller’s total liability to you in connection with that artwork shall be limited to the Buy Now price or purchase price paid by you for the artwork. (d) No provision in these Conditions of Business shall be deemed to exclude or limit the Seller, Kunzt 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. This is especially so if you are a consumer.
The copyright in all images, illustrations and written materials produced by or for Kunzt relating to an artwork, including the contents on the Site, is and shall remain at all times the property of Kunzt and such images and materials may not be used by you or any other party without our prior written consent. Kunzt and the Seller make no representations or warranties that the buyer of an artwork will acquire any copyright or other intellectual property rights in the artwork.
19. Restriction on Resale
(a) The buyer of an artwork on the Site shall not offer the artwork for sale until the artwork is paid for and physically delivered to the buyer or the buyer’s designated agent. (b) Artworks may be subject to a resale restriction for one (1) year or for some other period of time indicated in the artwork description posted on the Site. The buyer agrees that if the artworks becomes available for sale within one (1) year or such other period indicated in the artwork description from the date of purchase, the artwork 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 artwork at the fair market value.
20. Limited Authorship Guarantee
(a) Subject to the exclusions provided below and/or in the artwork description posted on the Site and/or in any Additional Terms, for a period of fourteen (14) calendar days from the date of delivery of the artwork to the buyer or the buyer’s designated representative, the seller warrants that the authorship, maker, or origin (collectively "Authorship") of each artwork sold on the Site. (the "Limited Authorship Guarantee"). (b) This Limited Authorship Guarantee only extends to the original buyer of record of the artwork, and does not extend to (i) subsequent owners of the artwork or any third party, including purchasers or recipients by way of gift from the original buyer, heirs, successors, beneficiaries and assigns; (ii) artworks where the description of the artwork on the Site states that there is a conflict of opinion on the authorship of the artwork; (iii) artworks where the Authorship indicated in the artwork description on the Site was on the date of sale consistent with the generally accepted opinions of specialists, scholars or other experts; (iv) artworks 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 artwork 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 artwork or (v) artworks where there has been no material loss in value from its value had the artwork description corresponded with the artwork’s authorship or origin. (c) In any claim for breach of the Limited Authorship Guarantee, the seller 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. The seller shall not be bound by any expert report produced by the buyer and reserve the right to consult their own experts at their expense. If we agree to rescind a sale under the Limited Authorship Guarantee, the seller shall refund to the buyer the reasonable costs charged by the experts commissioned by the buyer and approved in advance by Kunzt. (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 Kunzt in writing within seven (7) calendar days of receiving any information which causes the buyer to question the Authorship indicated in the artwork description, and such notice shall be given no later than fourteen (14) calendar days from the date of the delivery of the artwork to the buyer or the buyer’s designated representative, specifying the sale in which the artwork was included, the artwork inventory number in the online catalogue and the reasons why the Authorship is being questioned and (ii) the buyer returns the artwork to seller 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 Kunzt described in this Paragraph and is able to transfer good and marketable title in the artwork free from any third party claim arising after the date of the purchase. Kunzt has discretion to waive any of the above requirements but shall not be compelled exercise that discretion. (e) The buyer understands and agrees that the exclusive remedy for any breach of the Limited Authorship Guarantee shall be rescission of the sale and refund of the original Total Amount Due paid for the artwork. This remedy shall constitute the sole remedy and recourse of the buyer against Kunzt and the Seller and is in lieu of any other remedy available as a matter of law or equity. This means that Kunzt and the Seller shall not be liable for loss or damage beyond the remedy expressly provided in this Limited Authorship Guarantee, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Total Amount Due.
(a) These Conditions of Business and any Additional Terms, as changed or supplemented, set out the entire agreement between you, the Seller, Kunzt 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 Kunzt shall be in writing and addressed as follows: Kunzt Gallery - Costa de Jose Ignacio - Garzon - Uruguay . 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.
22. Applicable Law and Jurisdiction
Artworks sold by kunzt.gallery (a)The rights and obligations of the buyer, the Seller, Kunzt (the "Parties" or individually, a "Party") with respect to 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 the law of Uruguay. (b) 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 Uruguay 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 Uruguay.
23. Droite de Suite / Artist Resale Rights (ARR)
QUALIFYING ARTISTS are nationals of an EEA (European Economic Area) country: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (including Monaco), Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom (not Channel Islands for VAT).
THE DEFINITION of a work of art under the regulations are: Any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph. However, a copy of a work is not to be regarded as a work unless the copy is one of a limited number which have been made by the author or under the artist's authority. e.g., a series of numbered prints. In our view, the definition of a work of art does not include furniture, jewelry and books.
EXEMPT: The royalty does not apply to any artwork with a value less than €1,000. In addition, where the seller has acquired the work directly from the artist less than 3 years before the resale and where the resale price does not exceed €10,000, ARR does not apply. Also, if the author is the seller, ARR does not apply.
WHO HAS TO PAY this royalty: the seller is liable to pay the resale royalty and pass this to the relevant collecting agency.
WHO IS THE SELLER: the seller is the owner / consigner of the artwork. Kunzt.gallery brings the seller and the buyer in contact with each other, and it’s the sellers liability to pass the royalties to the relevant collecting agencies.
HOW WILL ROYALTIES BE COLLECTED: Resale right will be managed by collecting societies; individual artists will not be able to request payments directly. This means that the seller/consigner will be required to pay all royalties to a collecting society who will then distribute them to the artists. Collecting societies will run systems whereby royalties can be paid at regular intervals; they will require only a few details about the sale, e.g., name of artist and the sale price achieved.
The “seller responsibilities” govern the relationship between (i) you as the seller / consigner (“Seller”) of an artwork(s) offered to kunzt.gallery (the "Site") (ii) (“Kunzt”, "we", "us", or "our") acting as agent for the seller and providing services to the buyer, (iii) the buyer of the artwork(s) consigned to and being offered for sale on the Site by the Seller and (iv) as the owner and operator of the Site. Sellers are responsible to provide all accurate and relevant information on the artwork offered for sale on the Site. This information includes the condition of the artwork (Any flaws, rips, holes, stains, cracks, chips, dents must be reported prior to the sale) , edition number in case of an edition, the provenance, authenticity, medium of the artwork (used materials), the year it was made it (if known), the location of the signature. In case it is agreed that the Seller packs the artwork, please note that it’s forbidden to ship glass (frames, glass artworks, .)… It is not covered by any bonded shippers. All claims for items shipped with glass will be denied. Artwork can be returned within 14 days if misrepresented by the seller, or in case damaged in shipping due to bad packing done by the Seller. Refunds by the seller are only given for artwork if misrepresented by the seller or damaged in shipping due to bad packing. Sellers who misrepresent their artwork or who misrepresent the condition of the artwork(s) will pay shipping and packing both to and from the buyer. Provenance : Sellers are responsible for accurately listing the provenance of the artworks they list. Condition: Sellers are responsible for accurately listing the current condition of the artworks they list. By default, the seller is indicating that the artwork is free of any wear and tear or other such damage. Otherwise, the seller must clearly mark specific condition issues which will be clearly marked on the artwork page. Professional art handlers can check the condition upon pick up. If the condition of the Artwork is not the same as advertised by the Seller, Kunzt may, at its discretion, invalidate the sale. Authenticity : The Seller offering property on the Site agrees to refund the Purchase Price in case the authorship of the work is questioned within 14 days starting to count at the day of receipt of the delivery by the buyer.
® Kunzt is a registered brand. The brand has been registered in Belgium with BBIE since 2006. All rights reserved.