Buy Now Marketplace Conditions of Business for Buyers
Three Twenty Gallery’s Buy-Now Marketplace Conditions of Business for Buyers
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
We may change these Buy-Now Buyer Terms from time to time in our sole discretion, at any time without notice to you, by posting such changes on the Three Twenty Gallery’s Website. It is your responsibility to periodically check the Buy-Now Buyer Terms for changes by clicking the link “Buy-Now Marketplace Conditions of Business for Buyers” or the link that states “Read more here” under “Conditions of Business” on a Property’s listing page on the Digital Platform, including before placing an order for products. You will know if these Buy-Now Buyer Terms have been revised since your last visit to the Digital Platform by referring to the “Last Modified” date at the bottom of this page. IF YOU DO NOT AGREE TO THE CURRENT BUY-NOW BUYER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM PLACING ORDERS OR OFFERS FOR PRODUCTS THROUGH THE DIGITAL PLATFORM.
1. Our Role; Product Condition. You acknowledge that we customarily offer products for sale on behalf of third-party sellers, who may be unnamed, on a consignment basis. As a result, in offering certain products on the Digital Platform and accepting and fulfilling orders we are acting as the applicable seller’s agent and we do not take or transfer title to the product offered for sale on the Digital Platform. In some instances, the products we offer for sale through the Digital Platform are owned by Three Twenty Gallery or an affiliate of Three Twenty Gallery.
We do not produce, endorse, or recommend any of the products made available through the Digital Platform. With respect to products that are offered for sale on a consignment basis, we are not affiliated with, endorsed by, or otherwise associated with any consignor or seller, or the retailer, designer, manufacturer, artist, author or other creator of the products.
2. Authenticity Guarantee. Certain items of Property sold on the Buy-Now Marketplace are sold with an Authenticity Guarantee. Any item of Property listed on the Buy-Now Marketplace that is sold with an Authenticity Guarantee includes on such Property’s listing page a badge with a star icon and states to the right of such icon: “Authenticity Guaranteed”. Any item sold on the Buy-Now Marketplace subject to the Authenticity Guarantee is referred to herein as a “Guaranteed Item”. The badge on a Guaranteed Item’s page states that “We guarantee the authenticity of this item. For details, read more here.” When you click the hyperlinked text “read more here” on the Guaranteed Item’s page, a pop-up box will appear and state what Three Twenty Gallery guarantees regarding the authorship, period, culture or origin of such item (the “Guarantee Line”). The foregoing is referred to herein as the “Guarantee.” With respect to a Guaranteed Item, Three Twenty Gallery makes no warranties whatsoever, whether express or implied, with respect to any material in the Property’s listing page other than that appearing in the Guarantee Line and subject to the exclusions below.
In the event Three Twenty Gallery in its reasonable opinion deems that the conditions of the Guarantee have been satisfied, it shall refund to the original purchaser of record the Purchase Price paid for the Guaranteed Item by the original purchaser of record.
This Guarantee is provided for a period of five (5) years from the date of the original purchaser of record’s purchase of the Guaranteed Item, is solely for the benefit of the original purchaser of record and may not be transferred to any third party. To be able to claim under this Guarantee, the original purchaser of record must: (i) notify Three Twenty Gallery in writing within three (3) months of receiving any information that causes the original purchaser of record to question the accuracy of the Guarantee Line, specifying the date of the purchase and the reasons for such question; and (ii) return the Guaranteed Item to Three Twenty Gallery at the original selling location in the same condition as at the closing date of sale to the original purchaser of record and be able to transfer good title to the Guaranteed Item, free from any third party claims arising after the date of such sale. We are not responsible for typographical errors that may appear in the Guarantee Line. If a Guaranteed Item is sold with an incorrect Guarantee Line, we reserve the right to amend the Guarantee Line in our good faith, reasonable judgment.
Three Twenty Gallery has discretion to waive any of the above requirements. Three Twenty Gallery may require the original purchaser of record to obtain at the original purchaser of record’s cost the reports of two independent and recognized experts in the field, mutually acceptable to Three Twenty Gallery and the original purchaser of record. Three Twenty Gallery shall not be bound by any reports produced by the original purchaser of record, and reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price paid is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. Three Twenty Gallery and the seller shall not be liable for any special, punitive, incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
Please note that the Guarantee does not apply if either: (A) the Guarantee Line was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the Guarantee Line indicated that there was a conflict of such opinions; or (B) the only method of establishing at the date of the sale that the item was not as stated in the Guarantee Line would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical to use, or likely to have caused damage to the Guaranteed Item or likely (in Three Twenty Gallery’s reasonable opinion) to have caused loss of value to the Guaranteed Item; or (iii) there has been no material loss in value of the Guaranteed Item from its value had it been in accordance with the Guarantee Line.
EXCEPT AS SET FORTH IN THE AUTHENTICITY GUARANTEE, WE ASSUME NO OBLIGATION TO INDEPENDENTLY VERIFY OR INVESTIGATE ANY PRODUCT, THE RIGHTS OF ANY SELLER TO SELL ANY PRODUCT, OR THE QUALITY OR CONDITION OF ANY PRODUCT OFFERED FOR SALE THROUGH THE DIGITAL PLATFORM.
3. Orders and Cancellation. Products offered on the Digital Platform may be made available for purchase (a) on a traditional retail basis (using the “Buy Now” option) and/or (b) through our “Make an Offer” option, in which case multiple users of the Digital Platform may place a bid to purchase a product. Further details regarding the “Buy Now” and “Make an Offer” purchasing options are provided in our Frequently Asked Questions/Help page.
When making a purchase through our “Buy Now” option, you agree that the purchase is binding upon you, such that you are committed to purchasing the items listed in your order. When you submit an offer using the “Make an Offer” option, your order is not finalized until (a) your offer is accepted by the seller and (b) you complete the checkout and payment process.
You may cancel an order within twenty-four (24) hours of placing the order by calling Customer Service. If you cancel an order after twenty-four (24) hours of placing the order, and the ordered item(s) have not yet shipped at time of cancellation, your order may be cancelled subject to deduction of a fifteen percent (15%) processing fee. If you cancel an order after twenty-four (24) hours of placing the order and any of the ordered product(s) have shipped at time of requested cancellation, the requested cancellation will be processed as a return, subject to our Returns Policy. Any amounts refunded in connection with order cancellations will be issued back to the payment method used for the original purchase. Items marked as final sale are not eligible for cancellation or return.
For certain orders some buyers residing in the EU or the UK may be eligible for enhanced cancellation options. Please read Condition 19 for more information.
All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept it. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the product ordered is out of stock (including if another purchaser places an order for a particular product before you do) or has been mispriced, if we suspect the order is fraudulent, if the relevant seller declines your offer for a product, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed.
If we accept your order, we will send you a confirmation email with your order number, a summary of the items ordered, and shipping and pricing details (“Order Confirmation”). Our acceptance of your order and the formation of a contract of sale between you and us with respect to the relevant product(s) will not take place unless and until you have received your Order Confirmation email and your method of payment is charged. If your order cannot be completed for any reason, we will notify you using the information you provide when placing your order, and in such case we may cancel the contract of sale between you and us. We also reserve the right to cancel the contract of sale between you and us in our sole discretion after the Order Confirmation in the event you fail to satisfy any of our “know your client” requirements.
Certain products that you purchase through the Digital Platform may be subject to additional terms and conditions presented to you at the time of such purchase. For the avoidance of doubt, purchases of auction items, whether made through the Digital Platform or otherwise, are not subject to these Buy-Now Buyer Terms and instead are subject to the terms and conditions set forth in the applicable Conditions of Sale/Conditions of Business and Terms of Guarantee/Authenticity Guarantee that govern each auction, as presented separately in connection with such auction and, if applicable, certain additional terms and conditions for online bidding.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the offering of any products through the Digital Platform at any time, in our sole discretion.
A REFERENCE TO A PRODUCT ON THE DIGITAL PLATFORM DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
4. Product Descriptions. We attempt to provide accurate descriptions and images of products offered through the Digital Platform. Sotheby’s will assign each product an overall condition rating, which rating appears on the item detail page. It is your responsibility to review all of the information provided about a product, including the condition rating, before placing an order. Notwithstanding the foregoing, we do not warrant that the product descriptions, condition reports, images or other information provided are accurate, complete, precise, reliable, current or error-free. You acknowledge that the products are sold on an “AS-IS” basis.
5. Prices. All prices posted on the Digital Platform are subject to change without notice.
We attempt to provide accurate pricing information regarding the products available on the Digital Platform, but cannot offer guarantees against pricing errors and are not responsible for typographical, or other pricing errors. If an error occurs, we will inform you using the information you provide when placing your order and you may either confirm your order (at the corrected product pricing) or cancel the order. We reserve the right to cancel any order arising from a pricing error.
Prices on the Digital Platform are shown in US Dollars unless otherwise indicated. For international orders, duties and taxes may be included in the price depending on the destination country.
6. Promotional Offers; Discounts. From time to time, we may offer special promotional offers and/or discounts that may apply to purchases through the Digital Platform. You agree to be bound by any additional terms and conditions that apply with respect to any such special promotional offers or discounts. Promotional offers and discounts may be offered on a time-limited basis. Some products may be excluded from promotional offers or discounts. Such exclusions may be noted on the applicable product detail page and will be detailed in the terms and conditions of the relevant promotional offer or discount.
7. Payment. You agree to pay in full the prices for any purchases you make by payment means acceptable to Three Twenty Gallery. We may process payments through third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time.
Whether you make a purchase via “Buy Now” or “Make an Offer,” your payment method will be charged when you complete the checkout and payment process. By placing an order, you authorize us, and our third-party service providers, to immediately charge your selected payment method for all amounts presented to you in the checkout and purchase process. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand.
8. Shipping, Local Pickup & Tax. Products ordered through the Digital Platform will be shipped to the destination specified in the Order Confirmation in accordance with our Shipping Policy, which may be updated from time to time in our sole discretion. Please note that Three Twenty Gallery is not able to ship products to certain destinations, including to any country that is currently subject to a U.S. embargo, sanctions or other export controls. Please contact Three Twenty Gallery to confirm whether we ship to your intended destination. Once an Order Confirmation is issued, Three Twenty Gallery will arrange for shipment of the ordered products to you through a third party delivery service provider that you select at checkout, and we will provide a shipment tracking number upon shipment of all or any part of your order.
Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damage caused by a delay in shipment. Title and risk of loss pass to you upon our, or the applicable seller’s, transfer of products to the delivery service provider. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, the third party delivery service provider will attempt to deliver your order as soon as reasonably possible.
Three Twenty Gallery does not ship to P.O. Boxes or APO/FPO addresses.
We are not responsible for the acts or omissions in our packing or shipping of purchased items or of other carriers or packers of purchased items, whether or not recommended by us. Packing and handling of purchased items is at the entire risk of the purchaser.
Certain products ordered through the Digital Platform are eligible for local pickup. If you select local pickup for an item, the item is final sale and is not eligible for cancellation or return. After your successful purchase of an item which you opt to pick up locally, we will share the seller’s contact information with you and we will share your contact information with the seller. You and the seller will directly coordinate local pickup of the item at a mutually convenient time. When you select local pickup, title and risk of loss pass to you upon your first contact with the item at the seller’s premises. When you pick up the item at the seller’s premises, you will need to provide the seller with a copy of your email confirmation as verification of your purchase.
Neither posted prices nor the dollar value of an offer you submit on a product include taxes or charges for shipping and handling, unless otherwise specified on the relevant product page. Estimated taxes and, if applicable, shipping and handling charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order Confirmation. International orders may be subject to additional local taxes, import duties or other local requirements. Unless exempted by law, the purchaser will be required to pay the combined Colorado and local sales tax or any applicable compensating use tax of another state, and if applicable, any other tax on the total purchase price. Colorado sales tax is charged on the posted price and any other applicable charges on the product picked up or delivered in Colorado state regardless of the state or country in which the purchaser resides or does business. Purchasers who wish to use their own shipper that is not a considered a “common carrier” by the Colorado Department of Taxation and Finance will be charged Colorado sales tax on the entire charge regardless of the destination of the product. The rate of such combined tax is 8.875% in Colorado City and ranges from 7% to 8.625% elsewhere in Colorado. Three Twenty Gallery required to collect sales or use tax on products and related charges, where applicable, delivered into these states: AL, AZ, AR, CA, CO, CT, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MO, MS, NE, NV, NJ, NM, NY, NC, OH, OK, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI and WY.
9. Sanctions. By making an offer or purchasing on the Digital Platform, you represent and warrant that:
(a) The offeror and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws of the European Union, the laws of England and Wales, or the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”);
(b) Where acting as agent (with Sotheby’s prior written consent), the principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and
(c) The offeror and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.
10. Acceptance; Returns. Any individual at the delivery address who accepts a delivery from the delivery service provider is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
Products may be returned solely in accordance with our Return Policy, which may be updated from time to time in our sole discretion.
12. Your Obligations. You agree to comply with these Buy-Now Buyer Terms and all applicable laws and regulations of the various states and of the United States. If you are located outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
13. Indemnification. You agree to defend, indemnify on demand and keep Sotheby’s and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from (a) your purchase or use of any products made available through the Digital Platform, or any related services or information, or (b) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of the Buy-Now Buyer Terms. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with our defense of such claim. In any event, you shall not settle any such claim without our prior written approval.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PURCHASE, HANDLING, STORAGE AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU THROUGH THE DIGITAL PLATFORM.
ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, OTHER THAN THE LIMITED AUTHENTICITY GUARANTEE AND AS REQUIRED BY LOCAL LAW, THE RELEASED PARTIES (A) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE OR PROVIDED THROUGH THE DIGITAL PLATFORM, AND (B) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO SUCH PRODUCTS, SERVICES AND INFORMATION, INCLUDING WITHOUT LIMITATION (1) THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, (3) ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, OR OTHERWISE ON THE DIGITAL PLATFORM OR IN CORRESPONDENCE WITH SOTHEBY’S OR ITS AGENTS, AND (4) ANY REPRESENTATION OR WARRANTY AS TO AUTHENTICITY (OTHER THAN THE LIMITED AUTHENTICITY GUARANTEE), ATTRIBUTION, THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, PROVENANCE, RESTORATION, EXHIBITIONS, LITERATURE, OR HISTORICAL RELEVANCE OF THE PROPERTY AND NO STATEMENT ANYWHERE, WHETHER ORAL OR IN WRITING, SHALL BE DEEMED SUCH A REPRESENTATION OR WARRANTY.
THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT (X) THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY PRODUCTS OR RELATED SERVICES AVAILABLE ON THE DIGITAL PLATFORM WILL MEET YOUR EXPECTATIONS OR (Y) ANY INFORMATION PROVIDED WITH RESPECT TO ANY PRODUCT OR RELATED SERVICE MADE AVAILABLE THROUGH THE DIGITAL PLATFORM WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE, WHETHER IN AN ACTION BASED ON CONTRACT INDEMNIFICATION, OBLIGATION, OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (A) ANY BREACH OF THE BUY-NOW BUYER TERMS, (B) THE PURCHASE OR USE OF, OR THE INABILITY TO USE, PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM, (C) ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE DIGITAL PLATFORM WITH RESPECT TO THE PRODUCTS OR RELATED SERVICES MADE AVAILABLE THEREON; OR (D) LOST BUSINESS OR LOST SALES, IN EACH CASE EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE BUY-NOW BUYER TERMS OR YOUR PURCHASE OR USE OF THE DIGITAL PLATFORM, PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE DIGITAL PLATFORM EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00).
16. Force Majeure. We will not be liable for or be deemed to have defaulted under or breached this agreement for failure or delay in fulfilling or performing any of our obligations to the extent, and for so long as, such failure or delay is caused by events beyond our reasonable control, including without limitation, fire, flood, natural disaster or other act of God, riot, strike or other civil or labor unrest, transportation or other infrastructural incapacitation, inability to secure sufficient labor, power or necessary equipment, act of war, armed conflict, terrorist attack, governmental action or regulation, outbreak of disease, public health emergency, nuclear or chemical contamination, or any other cause that we could not have prevented with reasonable care (any of the foregoing, a “Force Majeure Event”).
If we are prevented from or delayed in performing any of our obligations by a Force Majeure Event, we shall promptly notify you and recommence performance when and to the extent possible without unreasonable delay. Further, if a Force Majeure Event materially impedes or interferes with our ability to perform our obligations relating to the sale of the Property, we may, unless you object in writing within 14 days of our notice to you, modify our obligations relating to the sale of the Property in various ways, including, without limitation, rescheduling the sale of the Property.
(a) The Purchase Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the State of New York. In the event of a dispute arising from or relating to the Purchase Terms or the relationship between you and us, you and we agree to submit to the exclusive jurisdiction of the state courts of and the federal courts sitting in the State and County of New York.
(b) You will provide to us, upon our request, verification of identity and any additional information required to comply with our Know Your Client requirements or to evidence your authority to agree to the Purchase Terms. If you are an agent acting on behalf of a principal, you shall disclose to us the identity of the principal. If you do not satisfy these requirements, we may cancel our agreement with you.
(c) The Purchase Terms, the Order Confirmation, and any other terms incorporated herein or therein by reference constitute the sole and entire agreement between you, the seller and Three with respect to your purchase of products through the Digital Platform, and supersede all prior or contemporaneous written, oral or implied understandings, representations or agreements relating to the subject matter thereof. If any part of the Purchase Terms is deemed invalid or unenforceable, such invalidity or unenforceability will not affect the remaining provisions of the Purchase Terms, which will remain in full force and effect. No provision of the Purchase Terms may be amended or waived unless you and we agree in writing (including by email) to do so.
(e) The Purchase Terms are binding upon and effective for the benefit of you, your estate, heirs, executors, devisees, representatives, administrators, successors and assigns.
(f) You may not assign your rights or delegate your obligations under the Purchase Terms without our prior written consent.
(g) You have had the opportunity to consult an attorney of your choosing before agreeing to the Purchase Terms, and you acknowledge we have not provided legal advice to you or for your benefit in connection with the Purchase Terms.
(h) The provisions in the Purchase Terms that by their nature are intended to survive termination or the completion of the transactions contemplated will so survive.
(i) Our failure to exercise or enforce any right or provision of the Purchase Terms shall not constitute a waiver of such right or provision.
18. Export and Permits. It is the purchaser’s sole responsibility to identify and obtain any necessary export, import, firearm, endangered species or other permit for the item. Any notices in the sale e-catalogue reflect Three Twenty Gallery’s reasonable opinion at the time of cataloguing and are for general guidance only; Three Twenty Gallery and the consignor make no representations or warranties as to whether any item is or is not subject to export or import restrictions or any embargoes.
19. Cancellation Right. Certain consumer protection legislation in the EU and the UK (the “Regulations”) give consumers (meaning a person who is acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession) who are habitually resident within an EU member state or the UK (an “EU/UK Purchaser”) and who purchase goods and services online or otherwise “at a distance” certain cancellation rights .
Under the Regulations, an EU/UK Purchaser who purchases property from a seller that is a trader has the right to cancel the contract (provided that such contract is a distance contract or an off-premises contract for the purposes of the Regulations) for any reason and without incurring liability within a period of fourteen days after the day on which the property comes into the physical possession of either the EU/UK Purchaser or a person identified by the EU/UK Purchaser to take possession of the property (but not the carrier of the property) (the “Goods Cancellation Period”).
Under the Regulations, in connection with the purchase of property from any seller not a trader, an EU/UK Purchaser who purchases shipping services from Three Twenty Gallery (the “Shipping Services”) has the right to cancel the Shipping Services for any reason within a period of fourteen days after the date on which the contract to provide the Shipping Services is concluded (the “Services Cancellation Period”) unless where at the EU/UK Purchaser’s express request it has been agreed that the Shipping Services will begin during the Services Cancellation Period. In the case that the Shipping Services have begun prior to the expiry of the Services Cancellation Period, the EU/UK Purchaser will have the right to cancel the Shipping Services during the Services Cancellation Period until the Shipping Services have been fully performed after which point the cancellation right will no longer apply. If the EU/UK Purchaser lawfully cancels the contract for Shipping Services, Sotheby’s will reimburse the EU/UK Purchaser all payments received from the EU/UK Purchaser in relation to the Shipping Services provided always that if the EU/UK Purchaser requested Sotheby’s to begin the performance of the Shipping Services during the Services Cancellation Period, the EU/UK Purchaser will remain liable for Three Twenty Gallery’s reasonable costs.
To exercise the right to cancel, the EU/UK Purchaser must inform Three Twenty Gallery at: Post Sale Services, 320 5th Street, Las Animas, CO 81054; telephone: +1 719 662 1094; email@example.com; of its decision to cancel the contract for the purchase of property and/or for the provision of Shipping Services (as applicable) by a clear statement (e.g. a letter sent by post, fax or email) or by using the below model cancellation form:
To: [Please use Three Twenty Gallery’s details as listed above, as appropriate]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]:
[Description of goods and/or service]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
In order to meet the applicable cancellation deadline, the EU/UK Purchaser is required to send his/her communication concerning the exercise of the cancellation right (i) in relation to a purchase of property before the Goods Cancellation Period has expired and (ii) in relation to the provision of Delivery Services before the Services Cancellation Period has expired.
If you cancel the contract for the purchase of property within the applicable Goods Cancellation Period, Three Twenty Gallery will reimburse you all payments received from you, including the costs of delivery but not any extra costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us; or any import duties we incur as a result of you returning the property to us. Three Twenty Gallery may make a deduction from the reimbursement for loss in value of any property supplied, if the loss is the result of unnecessary handling by you. Three Twenty Gallery will make the reimbursement without undue delay, and not later than (i) 14 calendar days after the date on which we receive back from you any property supplied; or (ii) (if earlier) 14 calendar days after the date on which you provide evidence that you have returned the property. Three Twenty Gallery will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Three Twenty Gallery may withhold reimbursement until we have received the property back or you have supplied evidence of having sent back the property, whichever is earliest. You must send back the property or return them to us at such address as we may specify for the purpose, without undue delay and in any event not later than 14 calendar days from the date after the date on which you communicate your cancellation to us. The deadline is met if you send back the property before the period of 14 calendar days has expired. You will have to bear the costs of returning the property. If Three Twenty Gallery arranged for the property to be delivered we estimate that the cost of returning the property by the same means is likely to be similar to the cost of delivery. You are only liable for any diminished value of the property resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the item.
If you cancel the contract for the supply of Shipping Services within the applicable Services Cancellation Period, we will reimburse to you any payments received from you in respect of the service. However, if you have requested us to begin the performance of services during the Services Cancellation Period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
20. Customer Service; Further Inquiries. You may direct questions about the Purchase Terms, or other issues, to:
Mail: Three Twenty Gallery
320 5th Street
Las Animas, Colorado 81054
Attn: Buy-Now Marketplace Management
Last Modified: March 23, 2021