Terms & Conditions

These Terms

These are the terms and conditions on which we supply services to you. Arts Culture & Entertainment Limited t/a Rest’art – The rest is art provides an online platform (the “Marketplace”) where the seller of the artwork (the “seller” or “consignor”) offers artwork to you for sale. You buy the artwork from the seller via the Marketplace.

Please read these terms and conditions (the “terms”) carefully before you submit any order for artwork to the seller via the Marketplace. These terms tell you who we are, how we provide services to you, how the seller provides artwork to you, how you or we may end or change the contract between us, how you may end or change the contract with the seller, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us through the contact page or email us at info@therestisart.com

We may revise these terms from time to time and we will give you notice of this when we do so by stating that these terms have been amended and updating the relevant date.

About Rest’art

We are Arts Culture & Entertainment Limited t/a Rest’art, a company registered in England and Wales with company registration number 12817151 and our registered office address is 72 Warwick Square, London, United Kingdom, SW1V 2AR (“ACE”, “Rest’art”, “us”, “our”, “we”).

You can contact us through the contact page.

How buying through Rest’art works

Rest’art is an online Marketplace that allows artists, collectors, dealers and galleries to offer and sell works of art.

The Marketplace lists artwork for sale in both the primary and secondary art markets. Unless specifically referenced, these terms and conditions apply to both primary and secondary sales.

Rest’art is an intermediary in the transaction between buyers and sellers. Only on the occasion that Rest’art is in possession of an artwork listed for sale on the Marketplace do we act as seller of that artwork. Where you purchase artwork offered by a seller on the Marketplace, the contract for the sale of the artwork is concluded directly between you and the seller. It is the responsibility of the seller to perform its obligations under the terms of any contract created with you when you purchase artwork on the Marketplace.

Unless Rest’art is acting as a seller, we are not a party to that contract. Each seller authorises us to be its commercial agent on the Marketplace to:

•     promote the seller’s artwork;
•     conclude the sale of artwork under the terms of each contract; and
•     accept payment on the seller’s behalf.

To purchase artwork via the Marketplace, you must either create an account or input the personal and contact details that we request from you at checkout.  You can find details of how we use your personal information in our privacy policy.

You may only purchase artwork from the Marketplace if you are at least 18 years old.

Rest’art carefully vets sellers. The artwork offered via the Marketplace has been reviewed thoroughly by art specialists before it is listed on the Marketplace and prior to dispatch.

Except as otherwise expressly provided in these terms, we are not the agent, intermediary or other representative of the seller. We are not a fiduciary or trustee of the sellers. We are not your agent for any purpose.

Rest’art reserves the right to refuse, modify, or terminate all or part of the services we offer to anyone for any reason at our discretion.

The Artwork

The images of the artwork on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the artwork. Although we have made every effort to be as accurate as possible, given the bespoke, handcrafted nature of much of the artwork sold on the website, the exact size of artwork may differ from piece to piece and from the official sizes, weights, capacities, dimensions and measurements indicated on our website. These images are published for the sole purpose of giving you an idea of what the artwork looks like and they shall not form part of the contract or have any contractual force.

Rest’art has a policy of continuous product development with the artists and consignors we work with and reserves the right to amend the specifications of any artwork without prior notice when the sale is on the primary art market.

The packaging of the artwork may vary from that shown in images on our website.

If services such as framing or taking a bespoke commission are being offered via the Marketplace and this means instructing the seller to make the artwork or its packaging to measurements you have provided then you are responsible for ensuring that these measurements are correct.

Framing Services

Where framing services are offered via the Marketplace and purchased by you, Rest’art will arrange for framing of the artwork to be completed prior to delivery of the artwork to you. Artwork that is framed, and the price paid for the framing services, is non-refundable.

Frames may vary from those shown in images on our website and are for illustrative purposes only and these images do not have any contractual force.

Your contract with the seller

After you place an order and make payment in full, you will receive an email from us acknowledging that we have received your order on behalf of the seller. We will assign an order number to your order and tell you what it is. The email order confirmation will include your unique order number. Please reference it if you contact us about your order.

No order shall be deemed accepted by Rest’art on behalf of the seller unless and until it is dispatched to you by the seller. You will receive an email from us on behalf of the seller confirming that your order has been dispatched, at which point a contract will come into existence between you and the seller.

If we are unable to accept your order on behalf of the seller, we will not charge you for the artwork and any refund due will be processed in accordance with these terms, as set out below. Examples of when this might occur include but are not limited to: the artwork is no longer in stock or because we have identified an error in the price or description of the artwork.

Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.

When buying an item, you agree that:

• you are responsible for reading the full item listing before making a commitment to buy;
• you are making a legally binding offer to the seller to purchase an item when you commit to buy an item via the Marketplace; and
• the legally binding contract will be formed when the seller dispatches the artwork and you are notified of such dispatch.

Rest’art reserves the right to reject any order without the obligation to give any reason for so doing.

Price

The price of the artwork is inclusive of VAT and this will be the price indicated on the Marketplace and on the checkout page when you place your order. We take all reasonable care to ensure that the price of the artwork advised to you is correct. From time to time, Rest’art will use the margin scheme for VAT in the UK.

When you place an order it may be subject to additional import duties and fees, such as Import VAT, depending on your shipping destination.

Any additional fees for framing services will be included in the price of your order and indicated to you prior to payment, inclusive of VAT, when you place your order.

It is always possible that, despite our best efforts, some of the artwork may be incorrectly priced.

Where the artwork’s correct price at your order date is less than the stated price at your order date, we will charge the lower amount.

If the artwork’s correct price at your order date is higher than the stated price, we will contact you for your instructions before we communicate your order to the seller.

If we accept and process your order on behalf of the seller where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing then we may end the contract on behalf of the seller, refund you any sums you have paid via the Marketplace and require the return of any artwork provided to you.

Delivery of the Artwork

The seller will dispatch or arrange for the dispatch of the artwork you have purchased after receiving notification of your order from Rest’art. We will contact you on behalf of the seller with an estimated delivery date which shall be indicative only and, where available, a tracking number will be sent to you once the artwork has been shipped.

The place for delivery of the artwork will be as shown at checkout and on the emails confirming both receipt and dispatch of your order. The normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of the seller, or Rest’art on behalf of the seller.

We endeavour to arrange shipping of the artwork to you on behalf of the seller within 7 days after the day on which we accept your order and expected delivery times are detailed on our website.

If delivery of the artwork is delayed then we will contact you on behalf of the seller to let you know and we will take steps to minimise the effect of the delay.

Rest’art will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the artwork, or any part of the artwork, however caused. In the event of delay, we will communicate a new delivery date to you as soon as reasonably possible.

The artwork will be your responsibility, and you will own the artwork, from the time the artwork is delivered to the address you gave us. Risk and title in the artwork will pass to you at that point. The seller will insure or arrange for the insurance of the artwork from the time of dispatch until delivery of the artwork to you up to the value of the price you pay for the artwork via the Marketplace.

International Delivery

Your order may be subject to import duties and taxes which are applied when the delivery arrives in its destination country. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the artwork is delivered. Neither Rest’art or the seller will be liable or responsible if you break any such law.

Where Rest’art is the importer of record for works shipped to the UK from an international location,  Rest’art will collect import VAT and you will be charged for the import VAT which will be added to the price of the artwork on check out.

We do our best to arrange for shipping of artwork on behalf of the seller to destinations worldwide. If your destination country is not listed at checkout, please contact us at via our contact page or email us at info@therestisart.com so we can make alternative arrangements to ship the artwork to you, where possible.

Payment

You can pay for artwork using any major debit or credit card through Rest’art’s online payment processing system as well as PayPal.

Bank transfer is available on request where the total value of the invoice is more than £250.  Please contact us on email at info@therestisart.com if you wish to pay by bank transfer.

Artwork will be dispatched by or on behalf of the seller only once payment has been received in full via the Marketplace.

You pay Rest’art for the artwork that you purchase from the seller and payment is deemed to be made when you pay us for the artwork via the Marketplace. We are authorised by the seller to accept your payment for your orders in accordance with our role as commercial agent for the seller. Rest’art concludes the sale of the artwork on behalf of the seller and so our name will appear on your card statement.

You may only pay for artwork via the Marketplace and the seller must not invoice you outside the Marketplace. We reserve the right at our sole discretion to investigate or decline to process any transaction involving any artwork purchased via the Marketplace.

Returns, Refunds, Exchanges and Cancellations

You have 14 days after the day you receive the artwork to change your mind and cancel your contract with the seller via the Marketplace. If the artwork is split into several constituent parts that are delivered separately then you have until 14 days after the day you receive delivery of all constituent parts of the artwork to request a return. These are statutory rights under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013.

You may request to cancel an order for artwork within 24 hours of it being placed by emailing info@therestisart.com . If cancellation is possible we will either refund you immediately, including shipping costs, and cancel the order or we will inform you to follow the normal returns policy.

This right to cancellation does not apply in the case of artwork that is bespoke, made to order, clearly personalised, purchased as part of a timed release, framed by Rest’art or commissioned in any way. Such works are non-refundable and returns or cancellations will not be accepted for such works.

To exercise your right of return within 14 days of receipt please follow the steps below:

•     Email info@therestisart.com within 14 days of receipt stating: (i) Order Number  (ii) Artwork title (iii) Reason for return and (iv) Request for exchange or refund.
•     Return the artwork to the seller in the condition that it was delivered to you.
•     All artwork must be returned in its original packaging or equivalent suitable packaging noting that any packaging provided on delivery that is of value or bespoke, including framing, must be returned with the artwork.
•     All artwork must be returned in the condition that it was delivered to you.

The cost of return will be covered by you where you have changed your mind about the artwork and you will be held liable for any damage to the artwork caused on return, or anytime after the artwork is delivered to you. Where you have changed your mind about the artwork, the company will refund you the cost of the artwork but not the original shipping costs.

If you are entitled to a refund, the company will endeavour to process the refund on behalf of the seller to the original payment method used by you to pay within 14 days of receiving returned artwork and agreeing that you are entitled to a refund.  Where you have paid by bank transfer we will only process a refund to exactly the same bank account from which the bank transfer was made.

Any refunds may only be initiated to you via the Marketplace.

If there is a problem with the artwork

If you have any questions or complaints about the artwork, please contact us. You can contact our customer service team at info@therestisart.com or via our contact page.

In the event that you are seeking to return the artwork due to damage, you must include detailed clear photographs of any damaged areas of the artwork, as well as the original packaging it was delivered in.

The seller is under a legal duty to supply artwork that is in conformity with the contract between you and the seller.

The artwork you buy is classified as goods and the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following regardless of whether the seller is based in the UK or not:

•     Up to 30 days: if the artwork is faulty, for example it is damaged on arrival, then you can get a refund within 14 days of us receiving the returned artwork, along with detailed clear photographs of any damaged areas of the artwork, and agreeing that you are entitled to a refund.
•     Up to six months: if the artwork is faulty on delivery and can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
•     Up to six years: where you wish to enforce your consumer rights more than 6 months after the date of delivery of the artwork, we will request evidence from you on behalf of the seller that the artwork was faulty on delivery and reserve the right to make deductions to any refund on account of fair wear and tear.

The above is subject to certain exceptions. For detailed information please visit the Citizens Advice website https://www.citizensadvice.org.uk/ or call + 44 (0) 3454 04 05 06. If you are contacting Citizens Advice from outside the UK then there are various ways of getting in contact and these can be found here. Please note that additional charges may apply to international calls.

If you are able to prove that the artwork you purchased  from the seller is not authentic then we will refund the purchase price to you, subject to the following. You must:

• Satisfy us, on behalf of the seller, that the artwork is not authentic, it is not sufficient that the authenticity of the artwork cannot be confirmed;
• Have unencumbered and uninterrupted ownership of the artwork from the date the artwork is dispatched to you by the seller to the date you request a refund based on the authenticity of the artwork;
• Provide written details including full supporting evidence of any request for a refund based on authenticity within 6 years of the artwork being delivered to you;
• Comply with any reasonable request from us, on behalf of the seller, to provide the written opinion of a recognised expert in the field of the artwork that is mutually agreed by you and us in advance confirming that the artwork is not We reserve the right, on behalf of the seller, to obtain additional opinions at our expense; and
• Return the artwork to the seller at your expense in the condition that it was delivered to you.

The right to a refund based on authenticity is available solely and exclusively to you as the buyer and this right is unassignable. The maximum refund you shall be entitled to is limited to the price you paid for the artwork via the Marketplace and neither Rest’art or the seller is liable for any other loss, damages or expense that you incur.

To make a request for a refund based on the authenticity of the artwork please contact us at info@therestisart.com

Nothing in these terms will affect your legal rights.

If you wish to exercise your legal rights to reject products you must return them to the seller. Please contact us at info@therestisart.com to arrange for returns and confirm the cost of return for which Rest’art is liable. Subject to our agreement on behalf of the seller that the artwork is faulty, we reserve the right to request evidence of the fault before accepting the return of the artwork,  we will pay the reasonable costs of postage on behalf of the seller.

Limitation of Liability – Responsibility for Loss or Damage Suffered By You

If Rest’art fails to comply with these terms, Rest’art is responsible for loss or damage you suffer, limited to the amount you paid for the artwork via the Marketplace, that is a foreseeable result of breach of contract with you or failure to use reasonable care and skill, but Rest’art is not responsible for any loss or damage that is not foreseeable, including where artwork is later discovered and proven to not be authentic. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time a contract was made, both you and Rest’art knew it might happen.

The seller’s responsibility for loss or damage to you is limited to the amount you paid for the artwork via the Marketplace where that loss or damage is foreseeable as described in the paragraph above.

The artwork is supplied for domestic and private use only. If the artwork is purchased for a commercial or business purpose then Rest’art does not:

• Have liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract between you and us or between you and the seller for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill or any indirect or consequential loss;
• Give any representation, warranties or undertakings in relation to the artwork. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law;
• Guarantee that the artwork is suitable for your particular purpose.

Neither Rest’art or the seller excludes or limits in any way its liability to you where it would be unlawful to do so but otherwise Rest’art and the seller’s maximum liability to you is limited to the price you have paid for the artwork.

While we may help facilitate the resolution of disputes, Rest’art limits its liability as set out in these terms.

How We May Use Your Personal Information

We will only use your personal information as set out in our privacy policy.

Other Important Terms

We may transfer our rights and obligations under these terms to another organisation but this will not affect your rights or our obligations under these terms.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Except for the seller, nobody else has any rights under this contract. No other person other than you and the seller with whom you have a contract shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

If a court finds part of this contract between you and us or between you and the seller illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed exclusively by English law and you can bring legal proceedings in respect of the services provided by Rest’art and the artwork provided by the seller in the English courts only.