• Terms and Conditions of Sale

    Company Information and Website Use

    Gladwell & Patterson is the trading name of W.H. Patterson Ltd, registered in England and Wales (No. 5102646), whose registered office is House 50, Burlington Arcade, W1J 0QJ. By accessing or using this website, or by purchasing any Goods from the Seller, you agree to be bound by these Terms and Conditions. You are responsible for reading and understanding these Terms, and the Seller shall not be liable for any loss or damage arising from your failure to do so. The Seller reserves the right to amend these Terms and the content of the website at any time without notice.

    The content of this website is provided for general information only and may be subject to change without notice. Whilst the Seller endeavours to ensure that all information is accurate and up to date, no warranty or guarantee is given as to its accuracy, completeness or suitability for any particular purpose. The Customer acknowledges that such information may contain inaccuracies or errors, and the Seller expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Use of the website and reliance on its content is entirely at the Customer’s own risk. This website may include links to third-party websites; such links are provided for convenience and do not signify endorsement. The Seller accepts no responsibility for the content of such websites.

    Definitions and Interpretation

    In these Terms, the “Seller” means Gladwell & Patterson Ltd, the “Customer” means the person or entity purchasing or proposing to purchase the Goods, and the “Goods” means any work(s) of art or other items offered for sale. The “Contract” means the agreement for the sale and purchase of the Goods incorporating these Terms. “Writing” includes email and other electronic communication.

    Basis of Sale and Orders

    All Goods are offered for sale subject to availability. Any order placed by the Customer constitutes an offer to purchase the Goods. No order shall be deemed accepted until confirmed in Writing by the Seller. The Seller reserves the right to withdraw any Goods or decline any order at its discretion. Any typographical, clerical or other error or omission in any description, quotation, price or other information may be corrected without liability.

    Statements, Condition and Description of Goods

    Any statement by the Seller as to authorship, attribution, origin, date, age, provenance or medium is a statement of opinion based on the generally accepted views of scholars and experts at the time of sale and does not constitute a warranty or representation. The Seller endeavours to describe the Goods accurately and, where appropriate, to provide condition reports and other supporting information. Any statement as to condition is a matter of opinion only and does not constitute a warranty or representation. Images and descriptions are provided for guidance only, and the appearance of the Goods online may differ from their appearance in person, including in colour, tone, scale, surface and texture. Variations may arise due to differences in screen settings and display technologies. The Customer is responsible for satisfying themselves as to the condition and appearance of the Goods prior to purchase.

    Price, VAT and Delivery Costs

    The price of the Goods shall be as stated on the Seller’s website or invoice. Unless otherwise stated, prices are exclusive of delivery, packing, insurance, Artist’s Resale Right (where applicable), and any applicable taxes including VAT. VAT will be applied where applicable in accordance with UK law. Some Goods are sold under the Margin Scheme, in which case VAT is included in the price and not itemised. Complimentary delivery is offered within the United Kingdom for artworks priced above £5,000. For international deliveries, shipping will be arranged separately and charged accordingly; the Customer is invited to contact the Seller for a quotation.

    Payment Terms

    Payment is due in full in cleared funds prior to release or delivery of the Goods unless otherwise agreed in Writing. The Seller may, where applicable, require the Customer to provide satisfactory identification and information in order to comply with Anti-Money Laundering Directive (AMLD5) requirements in relation to transactions involving artworks with a value of £10,000 (or equivalent) or above. Title to the Goods shall not pass to the Customer until the Seller has received cleared funds in full. All payments must be made from an account in the name of the Customer unless otherwise agreed.

    Anti-Money Laundering and Compliance

    The Seller reserves the right to carry out identity verification and due diligence in accordance with applicable anti-money laundering legislation. The Customer agrees to provide such documentation and information as may reasonably be required for these purposes. The Seller reserves the right to refuse, delay or cancel any transaction where such requirements are not satisfied.

    Risk and Title

    Risk in the Goods shall pass to the Customer upon collection or delivery to the Customer or their appointed agent or shipper. Title shall not pass until full payment has been received. Until such time, the Customer shall insure the Goods for their full value, store them appropriately, and shall not alter, restore or otherwise interfere with them.

    Delivery and Shipping

    Delivery arrangements will be agreed following purchase. The Seller may use specialist third-party fine art shippers for deliveries within the United Kingdom and internationally. Such shippers are selected according to the nature of the Goods and the requirements of the transaction. Whilst the Seller will take reasonable care in selecting such providers, delivery is carried out at the Customer’s risk following dispatch. Any delivery dates or times are estimates only and shall not be of the essence. The Seller shall not be liable for delays arising from factors beyond its reasonable control.

    Reservation of Goods

    The Seller may, at its discretion, agree to reserve a work for a Customer for a limited period. Any such reservation is non-binding and does not constitute a commitment to purchase or a contract of sale. The Seller reserves the right to remove a reservation at any time and, in any event, after a maximum period of eight days unless otherwise agreed in Writing. Where a work has not been formally reserved, the Seller reserves the right to sell the work to another client without notice.

    Export, Duties and Taxes

    Where Goods are exported from the United Kingdom, the Customer is responsible for complying with all applicable export and import laws and regulations, and for the payment of any duties, taxes or charges in the destination country. International shipments are typically supplied on a Delivery Duty Unpaid basis, and all customs duties, import taxes and associated charges are the responsibility of the Customer. Where a sale is treated as zero-rated for VAT purposes, the Customer must ensure compliance with HMRC requirements and provide satisfactory proof of export where required.

    Online Transactions

    Purchases made via the website constitute an offer subject to acceptance by the Seller. The Seller reserves the right to verify identity, payment and transaction details prior to confirming a sale.

    Returns and Consumer Rights

    Unless the Customer is acting as a consumer under applicable law, purchases are final and non-refundable. Where the sale is concluded exclusively at a distance and the Customer qualifies as a consumer, the Customer may have the right to cancel the Contract within fourteen days of receiving the Goods. The Customer shall bear the cost and risk of return, and the Seller reserves the right to make a deduction for any loss in value resulting from unnecessary handling.

    Rescission of Sale

    The Seller reserves the right to rescind a sale where a third-party claim to ownership or authenticity of the Goods arises which, in the Seller’s reasonable opinion, has merit. In such circumstances, the Customer shall return the Goods and the Seller shall refund the purchase price as the Customer’s sole remedy.

    Customer Warranties

    The Customer warrants that they are not subject to any trade sanctions or restrictions and that the funds used for the purchase are not derived from unlawful activity. The Customer agrees to provide such information as may reasonably be required to verify compliance.

    Limitation of Liability

    Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded by law. Subject to this, the Seller shall not be liable for any indirect or consequential loss, and total liability shall not exceed the purchase price of the Goods.

    Intellectual Property

    Copyright in all images, descriptions, text, graphics and other materials relating to the Goods and this website remains the property of the Seller or its licensors. No reproduction rights are transferred with the sale of the Goods, and no material may be reproduced without prior written consent.

    Force Majeure

    The Seller shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.

    Marketing Communications

    By submitting an enquiry or completing a purchase, the Customer consents to being added to the Seller’s mailing list for updates, exhibitions and related communications. The Customer may unsubscribe at any time by following the link provided in such correspondence.

    Data Protection

    The Seller will process personal data in accordance with applicable data protection legislation.

    General Provisions

    No waiver or variation of these Terms shall be binding unless agreed in Writing by the Seller. If any provision is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

    Governing Law and Jurisdiction

    These Terms and any Contract shall be governed by the laws of England and Wales, and the parties submit to the jurisdiction of the English courts.