Terms and Conditions

These terms and conditions contain the terms of the agreement entered into between Lougher Contemporary Ltd and the purchaser of the Artwork listed in the Order Confirmation, as such terms are defined below.

1. DEFINITIONS

“Account” means the Gallery’s bank account whose details are set out on the Website or in the Sales Invoice, if a Sales Invoice is issued;

“Art Market Professional” has the meaning attributed to it in the Artist’s Resale Right Regulations 2006; 

“Artist’s Resale Right” means any resale royalty payable in the United Kingdom pursuant to the Artist’s Resale Right Regulations 2006, to the artist who created the Artwork;

“Artwork” means the artwork listed in the Order Confirmation including the frame (if framed);

“Conditions” means these terms and conditions;

“Gallery” or “the Gallery” means Lougher Contemporary Ltd, a company incorporated in England and Wales with registered number 09892447 and with its registered address at 11 Manvers Street, Bath, BA1 1JQ and its trading address at 1 Henbury Road, Bristol, BS9 3HQ;

“Offer” means an offer, made in writing, either by the Gallery or the Purchaser for the Purchaser to buy and the Gallery (but subject to clause 7(a) of these Conditions) to sell, the Artwork; 

“Order Confirmation” means a written confirmation from the Gallery setting out the Artwork, the Price and any specific conditions applicable to the Offer and which is issued following an Offer. Note that an Order Confirmation will always include a copy of these Conditions, whether attached as a physical copy or as a hyperlink to the Website which includes the then current Conditions; 

“Price” means the price stated in the Order Confirmation;

“Privacy Policy” means the Gallery’s Privacy Policy as published, from time to time, on the Website; 

“Purchaser” means, as relevant, (a) a person enquiring about artwork shown on the Website or on any other marketing channels where the relevant art/gallery page is managed by it or (b) the purchaser of the Artwork and whose identity is stated in an Order Confirmation;

“Sales Invoice” means the relevant sales invoice and which has a copy of the Order Confirmation attached to it;

“Tax Authority” means any authority imposing, administering or collecting any tax, duty or levy, including HM Revenue & Customs or such similar other overseas authority; and
 
“Website” means www.loughercontemporary.com.

An “individual” or a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

A reference to "writing" or "written" includes email.

Any words following the terms “including”, “include”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.  Further, where the context permits, “other” and “otherwise” are illustrative and shall not limit the sense of the words preceding them.

A reference to “Business Day/Days” means a day that is not a Saturday or Sunday or a public holiday in Bristol.

Save as otherwise set out in the Conditions, nothing in these Conditions affects the statutory rights of anyone as a consumer.  However, the Gallery reserves the right to treat an individual as an Art Market Professional and not a consumer if the Gallery deems it appropriate. 

A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force as at the date of an Order Confirmation (as relevant) and a reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.

2. WEBSITE

a. Access to and use of the Website is subject exclusively to these Conditions and the Privacy Policy.

b. The Gallery will use reasonable efforts to ensure that the Website is functioning correctly and is accurate.  However, it does not guarantee or represent that the content that is available or accessible via the Website will be accurate, complete or current or that access to the Website will be uninterrupted. 

c. The Gallery does not guarantee that any artwork shown on the Website or on any other marketing channels where the relevant art/gallery page is managed by it, is for sale at any time or, if stated to be for sale, is for sale at the then stated price. Furthermore, the Gallery does not guarantee the accuracy of any statements made on the Website including but not limited to price, condition and provenance nor on any other marketing channels where the relevant art/gallery page is managed by it and therefore, the Artwork shall, at all times, be subject to clause 6 of these Conditions.

d. Use of the Website is not permitted for any purpose that is unlawful or prohibited by law or these Conditions or which could adversely affect the reputation of the Gallery.  Furthermore, the Gallery may, in its absolute discretion, block an individual’s access to the Website, at any time and for any reason.

e. The Gallery reserves, asserts and retains all rights to the Website and all content thereon.

f. Any images of any artwork on the Website are for illustrative purposes only and whilst the Gallery has made reasonable effort to display the colours accurately, it cannot guarantee that any individual computer's display of the colours accurately reflects the actual colour of the artwork. Furthermore, the Gallery may use stock images so the artwork may vary from those images and therefore any descriptions or illustrations on the Website are provided for the sole purpose of giving an approximate idea of the artwork described in them and the Gallery is not bound by such descriptions.

g. Images on the Website cannot be copied or downloaded without the prior written consent of the Gallery. Furthermore, copyright, trademarks, database rights and all similar rights in the Website are owned by the Gallery and may not be used or reproduced without the Gallery’s prior written consent. Nothing on the Website should be considered as granting any licence or right to any third party.

h. The Gallery expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use the Website, whether directly or indirectly and whether resulting from inaccuracies, defects, viruses, errors (whether typographical or otherwise), omissions, out of date information or otherwise.  Therefore, accessing the Website and the downloading of material therefrom is done entirely at an individual’s own risk.

3. OFFER

a. A Purchaser can make an offer, verbally or in writing, to the Gallery to purchase Artwork or the Gallery can make an offer to a Purchaser to sell Artwork. For the avoidance of doubt, this includes but is not limited to a Purchaser making an offer on the Website. 

b. When making an offer, a Purchaser whose residential address is outside the UK shall advise the Gallery what (if any) non-UK taxes/duties apply to the purchase and the Gallery shall be entitled to rely on that statement. 

c. As stated above in clause 2(c) and repeated here for the purposes of clarity, the Gallery does not guarantee that any artwork shown on the Website or on any other marketing channels where the relevant art/gallery page is managed by it, is for sale at any time or, if stated to be for sale, is for sale at the then stated price. Nor does it guarantee the accuracy of any statements made on the Website or on any other marketing channels where the relevant art/gallery page is managed by it, including but not limited to price, condition and provenance.

d. No Offer shall be accepted unless the Gallery has sent the Purchaser an Order Confirmation.

e. Once an Order Confirmation has been issued, the Purchaser agrees to buy the Artwork for the Price and in the time stated, subject to these Conditions unless it has promptly advised the Gallery in writing that the Order Conformation is not agreed.  For the avoidance of doubt, by agreeing to purchase the Artwork and pay the Price, the Purchaser agrees to the Conditions in force on the date of the Order Confirmation.

f. The Gallery reserves the right to require a Purchaser to pay a deposit of up to 50% of the price stated on the Website to reserve an Artwork. 

g. The Gallery may be the seller of Artwork itself, may be acting as an introducer or may be acting as agent for the seller.  In the event that the Gallery is acting as either an introducer or the agent of the seller, the Gallery may be receiving a commission which may take the form of a mark-up on the price received by the seller or a percentage of the Price and the Purchaser acknowledges that the Gallery is not required to disclose such commission/percentage or the amounts thereof to the Purchaser. 

h. Under the Consumer Protection (Distance Selling) Regulations 2000, a consumer (as defined therein) has a statutory right to cancel for any reason, for a period of 14 days from the date a contract is concluded. The Purchaser will (if they exercise their right to cancel) be obliged to return the Artwork to the Gallery, at their cost and in the same condition and packaging as it was in when received by the Purchaser and be responsible for any loss or damage to the Artwork until it is received by the Gallery save that the Gallery reserves the right to arrange for the Artwork to be returned to the Gallery, at the cost of the Purchaser.  The Gallery will process any refund (less any costs incurred by the Gallery, including internal administrative costs, relating to the return) as soon as possible and, in any case, within 30 days of the later of the day on which the Gallery received notice of cancellation and the Artwork has been returned.  

4. CONSIGNMENT/BROKERING

a.  In the event that a person requests the Gallery to find a purchaser for artwork which it owns and which it wishes to sell or if the Gallery has found a purchaser for artwork which a third party owns and which that third party wishes to sell, the parties will endeavour to agree the terms and only once agreed, will they enter into a consignment agreement or (as relevant) a brokering agreement, which will be as set out in these Conditions as amended by the Terms and Conditions of Consignment/Brokering which are available on the Website via a hyperlink that will be sent to them prior to the parties agreeing the terms, including the commissions applicable thereto.

b. Without limiting the generality of clause 12(b), the consignor understands that the Gallery gives no guarantee that it will be able to source a purchaser or achieve the requested price.

5. ARTWORK

a. Save as may be otherwise stated in the Order Confirmation, the Gallery makes no representation or warranty with regard to the authenticity, provenance or condition of the Artwork unless it has agreed, in writing, to do so.  For the avoidance of doubt, (a) the Gallery does not hold itself out as art-valuers or restorers and (b) if there are any third-party condition reports made available to the Gallery, the Gallery will rely on those but it is not required to obtain any such reports.  Furthermore, if the Artwork is framed, the Gallery will not remove and will not have removed the Artwork from the frame and therefore the Artwork is sold as seen. 

b. The Purchaser will have the opportunity to inspect the Artwork prior to agreeing to the purchase, including but not limited to remote viewing, photos and/or video and therefore by agreeing to the Order Confirmation they confirm that they have had such an opportunity.  For the avoidance of doubt, unless the Purchaser has stated on the Order Confirmation that they have outstanding or unanswered questions about the condition of the Artwork, the Purchaser shall be deemed to have agreed and accepted the condition of the Artwork and its authenticity and provenance. 

c. For the avoidance of doubt, the Purchaser accepts the Artwork subject to inherent minor production characteristics. The Gallery shall not be required to disclose or record in any condition assessment minor production issues which are considered inherent to the manufacture, creation or medium/technique of artwork, including but not limited to:
i. Dust, fibres, loose particles or minor surface residue on sculptures or Artworks with three-dimensional elements;
ii. Loose or minor loss of glitter, beads, sequins, embellishments or similar applied materials;
iii. Minor pencil marks, ink marks, tool marks or other marks made during the production process;
iv. Minor handling imperfections including light scuffs, minor surface marks or compression marks;
v. Minor variation in colour, finish or texture consistent with the artist’s or publisher’s hand or the production method.

d. The description of the Artwork is/will be, to the best of the Gallery’s knowledge, as stated in the Order Confirmation and therefore may not be as stated on the Website or on any other marketing channels where the relevant art/gallery page is managed by the Gallery.

e. Without limiting the generality of clause 5(b) of these Conditions, the Gallery shall not be responsible for any subsequent change to the Artwork, however occasioned unless due to the Gallery’s gross negligence.

f. If the Gallery has advised the Purchaser that a certificate of authenticity is available and accompanies the Artwork, the Gallery shall send the Purchaser the original certificate of authenticity via secure/tracked courier once the Gallery has received the Price from the Purchaser. For the avoidance of doubt, the Gallery does not, unless agreed in writing with the Purchaser, issue certificates of authenticity for any Artwork whether it is the seller or acting as the agent of a seller. Furthermore, the Gallery does not guarantee that any third-party issued certificate of authenticity is genuine or valid.  

g. The Gallery shall arrange for the Artwork to be insured for the Price whilst the Artwork is stored by it save that, and for the avoidance of doubt, once the Artwork has been picked up by a delivery/shipping company, and notwithstanding that the Gallery has instructed such delivery/shipping company, such risk of loss or damage shall be the responsibility of the delivery/shipping company unless the Purchaser has arranged his own insurance or the Gallery has agreed to continue to insure the Artwork.  Thereafter, the Purchaser shall be responsible for ensuring the Artwork is insured for, at the minimum, the Price.

h. In the event that notwithstanding that an Order Confirmation has been executed by the Gallery, the seller does not deliver the Artwork to the Gallery, the Gallery shall be entitled to cancel the purchase whereupon the Order Confirmation shall be deemed incomplete and invalid provided that the Gallery has refunded the Purchaser the Price. 

6. PURCHASE PRICE

a. The Purchaser shall pay the Price together with any applicable VAT/sales tax, customs tariff, Artist’s Resale Rights, delivery/shipping costs/duties and insurance as stated on the Website if the purchase is undertaken online on the Website or as stated in the Sales Invoice if one is issued (but excluding any deposits or advance it has paid and stated in the Sales Invoice), by bank transfer to the Account or such other payment method agreed by the parties in writing.  In the event that a Purchaser is an Art Market Professional, the Purchaser warrants that they will be responsible for paying Artist’s Resale Rights and not the Gallery, irrespective of whether there is an entry for Artist’s Resale Rights on the Sales Invoice save that if the Purchaser is responsible for Artist’s Resale Rights, and the Gallery has deducted an amount for Artist’s Resale Rights, the Gallery will pay such amount to the Purchaser once the Purchaser has confirmed to the Gallery it has paid such Artist’s Resale Rights. 

b. The Gallery reserves the right to include in the Sales Invoice a fee to cover (a) bank or other charges, (b) foreign exchange conversion if payment is not received in GBP and (c) the Gallery’s internal administrative costs. 

c. In the event that the Price is stated in the Sales Invoice to be paid in a currency (whether fiat, crypto or digital) that is not GBP, the Gallery reserves the right to increase the Price, before payment is received by it, to ensure that it receives the appropriate GBP as if the Price had been calculated in GBP when the Sales Invoice was issued or to reissue the Sales Invoice in GBP. 

d. Unless otherwise agreed by the Gallery in writing, full payment shall be due, in cleared funds, within 7 days of the date of the later of the purchase if online using the Website or the Sales Invoice (if any).

e. If the Purchaser fails to make full payment of the amount due within the above period, the Gallery shall, in addition to its other rights under these Conditions, have the right to charge interest on the amount unpaid at the rate of 2% per month from the date when payment was due until payment is made in full.

f. In addition, the Gallery shall be entitled (without prejudice to its other rights and remedies at law) to cancel the purchase and claim damages for any loss the Gallery may suffer or has suffered if the Purchaser fails to make full payment of the amount due in accordance with this clause. For the avoidance of doubt, the Gallery shall not be obliged to advise the Purchaser before it cancels the purchase save that the Gallery shall promptly advise the Purchaser after it cancels the purchase.

g. If the Artwork is the subject of an agreed outstanding insurance claim and the Gallery is required to reimburse the Purchaser, payment to the Purchaser shall be remitted within 10 Business Days of the Gallery receiving funds from the insurer.

7. OWNERSHIP AND TITLE

a. Ownership of and title to the Artwork and any certificate of authenticity or other evidence of provenance (if available) will automatically pass to the Purchaser once the Price has been received by the Gallery in cleared funds.

b. Without prejudice to any of the other rights or remedies referenced in these Conditions, the Gallery shall be granted a lien over any Artwork until the Price has been received by the Gallery in cleared funds and accordingly, the Purchaser authorises the Gallery to exercise its rights, on notice, under any such lien in the event that the Purchaser does not pay the Price in full in accordance with these Conditions.

c. A Purchaser may not, save as set out in clause 3(h), cancel the purchase or otherwise receive a refund unless the Artwork is materially damaged on receipt by it, receipt being pursuant to clause 8(a) or (b) or clause 9(a) or (b). The Purchaser shall therefore inspect the Artwork promptly upon receipt and shall, within 72 hours of receipt of the Artwork, advise the Gallery of any damage in writing and with HD photographs/videos whereupon the Purchaser shall immediately allow the Gallery or its representatives, access to it. The parties shall, acting reasonably, agree what the value of the Artwork is, compared to the Price and whether the Price shall be reduced by such amount, within a further 5 Business Days.  In the event that the parties cannot agree on the price reduction, the Gallery shall be entitled to have the Artwork immediately returned to it by the Purchaser, at the Gallery’s cost, and either repair it (at its cost) or cancel the purchase in which case the Gallery shall repay the Price to the Purchaser, save that if there is a material delay (being longer than a further 10 Business Days) in the Purchaser responding to the Gallery, following the Gallery’s proposal as to how it proposes resolving the issue, the Gallery shall be entitled to assume that the Purchaser has accepted the Artwork.

d. The Purchaser agrees that notwithstanding the timing limitations referred to in clause 7(c) and/or the submission to the courts of England and Wales in clause 18(h), any dispute as to the condition or authenticity of the Artwork shall be discussed with the Gallery on a confidential basis and only if such dispute cannot be addressed by both parties acting in good faith will either party issue proceedings or make the dispute public.

e. Unless otherwise prohibited by English law, reimbursement of the Price, shall be the Purchaser’s sole remedy if the Artwork is returned pursuant to these Conditions, for any reason whatsoever.

8. DELIVERY (DOMESTIC)

a. The Gallery will, subject to clause 7 of these Conditions, arrange for delivery of the Artwork to the Purchaser’s residential address in the UK or as otherwise specified by the Purchaser within the UK, at the Purchaser’s cost. For the avoidance of doubt, until the Price has been paid by the Purchaser and received by the Gallery in cleared funds, the Gallery will not undertake or begin any of the logistics required for delivery. 

b. The parties may agree that, rather than the Gallery arranging for delivery of the Artwork, the Purchaser shall arrange for its collection on a mutually convenient date and time within 14 days of the Price being paid. The Gallery may, after this period, charge the Purchaser a storage and insurance fee of 2% of the Price for each month the Artwork remains uncollected, save in the event that the Purchaser does not collect the Artwork within 6 months, the Gallery shall be entitled, upon reasonable notice to the Purchaser, to sell the Artwork to recover its costs and shall pay the Purchaser the balance after deducting its costs and a 10% administrative charge.

c. The Purchaser must not unreasonably refuse delivery of Artwork, or prevent or cause delay at any point prior to taking delivery of the Artwork. 

9. DELIVERY (INTERNATIONAL)

a. If the Purchaser is resident outside the UK or requires the Artwork to be shipped outside the UK, the Gallery will arrange for the export and shipment of the Artwork to the Purchaser’s residential address or as otherwise specified by the Purchaser unless otherwise agreed with the Gallery.

b. The parties may agree that, rather than the Gallery arranging for delivery of the Artwork, the Purchaser shall arrange for its collection on a mutually convenient date and time within 14 days of the Price being paid and shall (whenever requested by the Gallery) provide proof of the export within 5 Business Days of such request. The Gallery may, after this period, charge the Purchaser a storage and insurance fee of 2% of the Price for each month the Artwork remains uncollected, save in the event that the Purchaser does not collect the Artwork within 6 months, the Gallery shall be entitled, upon reasonable notice to the Purchaser, to sell the Artwork to recover its costs and shall pay the Purchaser the balance after deducting its costs and a 10% administrative charge. 

c. If the parties agree that the Gallery shall arrange for export and shipment of the Artwork, the Purchaser shall immediately comply with all the requirements of the Gallery and any relevant Tax Authority, the export licensing authorities, and any other relevant official bodies.

d. The Purchaser shall be responsible for identifying and paying any taxes (including, but not limited to, import tax, duty, merchandise, sales or user tax) payable in the country of destination, whether on shipment or on import or at any other time.  Accordingly, the Purchaser shall provide the Gallery, if requested by the Gallery, with all the relevant import/export documents and proof of payment of any export duties/taxes without delay and, in any event, within 5 Business Days of such a request.

e. The Purchaser shall reimburse the Gallery for any sum claimed if any Tax Authority or other official body makes any claim against the Gallery for VAT or any other export/import or other taxes (including, but not limited to, import tax, duty, merchandise, sales or user tax), and whether on export or import, expenses or penalties and whether or not resulting from the Purchaser’s failure to comply with the relevant requirements (including timing requirements for import and export) provided that such expenses/penalties are not as a result of the Gallery’s fraud or gross negligence.

f. The Purchaser must not unreasonably refuse delivery of Artwork, or prevent or cause delay at any point prior to taking delivery of the Artwork. 

10. COPYRIGHT

a. The Gallery shall retain copyright in all images created by it of the Artwork and shall have the right to use such images in whatever way it deems appropriate even after a sale of the Artwork to the Purchaser.  Nothing in these Conditions should be considered as granting any licence or right to any third party.

b. For the avoidance of doubt, the relevant artist shall retain copyright in the Artwork unless such copyright no longer exists under the relevant legislation.

11. ANTI-MONEY LAUNDERING & KNOW YOUR CUSTOMER COMPLIANCE

a. The Gallery will undertake such Anti-Money Laundering/Know Your Customer checks on the Purchaser as it deems necessary prior to a brokering request pursuant to clause 4 or an Order Confirmation and in the event that the Gallery cannot verify the Purchaser or if the Purchaser is the subject of sanctions or other restrictions, whenever applied, the Gallery shall be entitled to terminate the purchase.

b. The Purchaser will promptly provide documents such that the Gallery can comply with laws and regulations relating to Anti-Money Laundering including but not limited to the Money Laundering and Terrorist Financing (Amendment) Regulations 2019.

12. RISKS

a. The Purchaser understands that there are risks associated with buying and/or investing in art.  The Purchaser confirms that they understand such risks and that they can afford to take such risks including but not limited to that art is an illiquid asset and it may not be able to be sold quickly or at all, that the price of art and any particular piece may go down as well as up, and/or that the condition of the art may deteriorate for factors outside of the Purchaser’s control. 

b. For the avoidance of doubt, the Gallery, together with its officers, directors and employees, does not provide the Purchaser with any advice or recommendations whatsoever nor a guarantee, warranty or representation as to the accuracy, completeness, suitability or content of any information including (a) that the price paid will be the price at which the Purchaser can sell it, (b) that the Purchaser would subsequently get an increased price when they sell it and/or (c) that the Gallery will be able to sell the Artwork. Furthermore, and specifically, the Gallery does not provide investment advice whether regulated or unregulated as (a) the Gallery is not regulated by the UK Financial Conduct Authority and (b) art is not a regulated investment as such term is defined by the UK Financial Conduct Authority.

c. Without limiting the generality of clause 5, the Purchaser specifically acknowledges that the Gallery has no liability for any defect in the Artwork whenever or however it arises or becomes apparent, and whether it results from or through fair wear and tear or not or any failure to properly handle, store or hang the Artwork.  Further, the Gallery provides no warranty or guarantee on materials or methods used to create the Artwork which may therefore be subject to normal or usual change or deterioration. 

13. CONFIDENTIALITY

a. Each party agrees that it will not, directly or indirectly, disclose, divulge or communicate orally, in writing or otherwise, and must keep confidential, any confidential information disclosed by the other party in connection with these Conditions including but not limited to the Price and any commission if applicable, save that the Gallery may disclose details of the Artwork as well as such details as are required to be notified to The Design and Artists Copyright Society and/or The Artists Collecting Society for and on behalf of the Seller pursuant to The Artist’s Resale Right Regulations 2006 or to the relevant artist. 

b. Notwithstanding clause 13(a) of these Conditions, a party may disclose any information known or held by him and whose disclosure would otherwise be prohibited by clause 13(a) of these Conditions if and to the extent (i) required by law or any other competent regulatory body, tax or otherwise, (ii) such disclosure takes place to that party’s professional advisers, (iii) is required for the purposes of any judicial proceedings arising out of an Offer and/or (iv) pursuant to clause 19.

c. The Purchaser agrees that if it is advised of or otherwise ascertains the identity of the immediately previous owner of the Artwork, it will keep such information confidential and will not contact them directly or advise any third party of their identity, save that the Gallery shall be under no obligation to disclose such details to the Purchaser.

14. INDEMNITY

a. The Purchaser hereby agrees to indemnify the Gallery and undertakes to keep the Gallery indemnified against any losses, damages, costs and liabilities incurred or suffered by it arising out of any breach by the Purchaser of any provision of these Conditions unless such claim is a result of a fraud or gross negligence by the Gallery. 

b. Unless otherwise prohibited by English law, reimbursement of the Price, shall be the Purchaser’s sole remedy for any breach of these Conditions by the Gallery.  Without limiting the generality of the previous sentence, in no event shall the Gallery be responsible for any consequential, special or punitive losses or loss of profit even if the Gallery had been made aware of the possibility of such losses. 

c. Nothing in these Conditions shall limit or exclude liability for death or personal injury resulting from its negligence, for fraud or fraudulent misrepresentation.

15. WARRANTIES

a. The Purchaser warrants to the Gallery that:  

I. They have the power and authority to purchase the Artwork;
II. They have the financial ability and intention to purchase the Artwork;
III. The purchase shall constitute valid, legal and binding obligations on them;   
IV. The purchase will not breach any other agreement relating to the Artwork or to them; 
V. They have had the ability to check the condition of the Artwork pursuant to clause 5(b) of these Conditions;
VI. In agreeing to purchase the Artwork, they do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions;
VII. The Gallery has no fiduciary responsibility to them under this Agreement or as a result of any of the services provided to the Purchaser;
VIII. They will advise the Gallery immediately of any change to their residential address or error in a shipping address; 
IX. They will comply with all requirements, legal or otherwise, relating to any export or import of the Artwork and that all duties and taxes in respect of the export or import of the Artwork will be paid by them;
X. They will not approach any third party for whom the Gallery acts or are otherwise associated with, irrespective of whether the Gallery has advised the Purchaser of their details if to do so was to or could circumvent these Conditions.

16. AGENCY

a. The Gallery is not, shall not act as nor is it authorised to act as the agent of the seller of the Artwork unless the Gallery has specifically advised the Purchaser that it is.  Accordingly, whilst the Gallery is an Art Market Professional, the Gallery shall not be or be deemed to be the agent of the seller of the Artwork for any purposes.

b. Nothing shall be deemed to create an agency relationship, partnership or any other similar relationship between the parties whether with regard to an Offer and for the avoidance of doubt, the Gallery shall not be or be deemed to be the agent of the Purchaser for any purposes. 

17. NOTICES

a. Any communication sent to either party under or in connection with these Conditions shall be in writing and shall be delivered by hand or by pre-paid first-class post, recorded delivery or email.

b. Any communication to the Gallery shall be to their address as set out above or if by email to art@loughercontemporary.com and if to the Purchaser to their address or email used by them in communicating with the Gallery.

c. Delivery of a notice is deemed to have taken place if delivered by hand, at the time the notice is left at the address, or if sent by email, at the time of transmission, or if sent by post on the second Business Day after posting, unless such deemed receipt would occur outside business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a Business Day), in which case deemed receipt will occur when business next starts in the place of receipt (and all references to time are to local time in the place of receipt).

18. MISCELLANEOUS

a.  If any provision in these Conditions is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions shall not be affected or impaired.

b. These Conditions constitute the entire agreement between the parties relating to its subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 

c. No provisions in these Conditions may be amended without the prior written consent of the parties or waived without the prior written consent of the Gallery save that the Gallery can amend the Conditions prior to the Purchaser agreeing an Order Confirmation provided such new Conditions are published on the Website.

d. The Purchaser may not assign its rights under the Conditions or to the purchase without the consent of the Gallery.

e. A person who is not a party to the purchase and stated to be so, shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

f. If any obligation under these Conditions is prevented, restricted, or interfered with by causes beyond any party’s reasonable control (“force majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term force majeure shall include, without limitation, acts of God, terrorism, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars or delays caused by a pandemic.

g. In the event that these Conditions expire, cease to apply or are terminated by the Purchaser, clauses 2, 3(e)(g), 5(a)/(b)/(d), 7(b)/(d)/(e), 10, 12, 13, 14, 15 (X), 16, 18(b)/(e)/(h) and 19 shall survive.

h. These Conditions (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction. 

19. PERSONAL DATA

a. The Gallery will only use personal information in accordance with its Privacy Policy, a copy of which is available on the Website save that the Gallery may also use personal information supplied by the Purchaser and the Price for administrative purposes and may also share such personal information with the relevant artist/publisher. 

b. For all such purposes, the Purchaser consents to the Gallery transferring such information to countries outside the European Economic Area, whose applicable laws may not protect personal data to the same extent.

c. The Gallery takes reasonable care to ensure that any information provided to it including but not limited to personal information/data and data relating to any purchase is securely maintained. However, in the event that a third party obtains unauthorised access to any such information, the Gallery will not be liable for any loss an individual may suffer.

These Conditions were last updated in April 2026.

Lougher Contemporary Ltd Terms and Conditions v2.2