Terms & Conditions

Introduction

These Terms and Conditions govern your relationship with “Marten Stanmore” and apply to all quotations, offers, orders, and contracts for the sale of Goods. Please ensure that you read these Terms and Conditions carefully, and verify that the details on any quotation, offer, order, or contract, and in these Terms and Conditions, are complete and accurate. If you think that there is a mistake, please contact Marten Stanmore to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion.

In these Terms and Conditions, unless stated otherwise: Buyer – means the purchaser of the Goods from Marten Stanmore; Marten Stanmore – means the company selling the Goods, being a trading name of MARTEN STANMORE AUCTION HOUSE LIMITED, a company registered in England and Wales under company number 12124080. Goods – means the items to be sold to the Buyer by Marten Stanmore, either all or part of them as set out in the written invoice issued by Marten Stanmore pursuant to clause 2.2; Terms and Conditions – means the terms and conditions set out in this document. The Terms and Conditions constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements, and understandings, whether oral or written. No change or modification of the Terms and Conditions (including change orders) is valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES. If any part of the Terms and Conditions is held invalid, unenforceable or void by a court of competent jurisdiction, the Terms and Conditions are considered divisible as to such part, and the remainder of the Terms and Conditions are valid and binding as though such part was not included in the Terms and Conditions to the fullest extent permitted by law. The Terms and Conditions are governed by the laws of England (without regard to the laws that might be applicable under principles of conflicts of law) as to all matters, including, but not limited to, matters of validity, construction, effect, and performance, and both parties agree to the exclusive jurisdiction of the English courts. The Terms and Conditions may be executed in two or more parts, each of which shall be deemed an original but all of which together shall be one and the same instrument. Nothing in these Terms and Conditions affects the statutory rights of any consumer. If Marten Stanmore fails, at any time while these Terms and Conditions are in force, to insist that the Buyer performs any of its obligations under these Terms and Conditions, or if Marten Stanmore does not exercise any of its rights or remedies under these Terms and Conditions, that will not mean that Marten Stanmore has waived such rights or remedies and will not mean that the Buyer does not have to comply with those obligations. If Marten Stanmore does waive a default by the Buyer that will not mean that it will automatically waive any subsequent default by the Buyer. No waiver by Marten Stanmore of any of these Terms and Conditions shall be effective unless it expressly says that it is a waiver and it tells the Buyer so in writing. A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 

Order

Any offer or acceptance of a quotation made by the Buyer will be deemed an offer to purchase the Goods governed by these Terms and Conditions. No offer or acceptance of a quotation will be deemed a binding agreement of sale until confirmation with a written invoice has been issued by Marten Stanmore. Upon confirmation, these Terms and Conditions (as they may be amended by Marten Stanmore from time to time) form a binding agreement between the Buyer and Marten Stanmore. Any Goods or services not confirmed by written invoice issued by Marten Stanmore are deemed additional work and must be agreed in writing signed by both parties. These Terms and Conditions are applicable to any additional work or additional sales to the Buyer by Marten Stanmore. Purchase Price and Payment Methods

The purchase price shall be the price offered by Marten Stanmore and confirmed to the Buyer by written invoice issued by Marten Stanmore. The purchase price includes the cost of packaging, delivery, VAT, sale, use, excise, or similar duty which may be applied. Any fees, duty or taxes applied will be billed to and paid by the Buyer as set forth on the written invoice issued by Marten Stanmore. All payment shall be made in British Pounds Sterling and the agreed price is due in full at the time the offered price is accepted and confirmed by invoice, unless agreed otherwise in writing. The Buyer will have 10 working days from the date of the invoice to make payment in full unless agreed otherwise. Ownership (legal title) of the product will not pass to Buyer until the accepted and confirmed price is paid in full by the Buyer and received by Marten Stanmore in cleared funds. 

Goods

The Goods to be delivered shall be specifically described in the written invoice provided by Marten Stanmore. In the event the specific Good is not available as of the date the order is confirmed by written invoice, Marten Stanmore agrees to source Goods of similar or greater quality. In the event Marten Stanmore cannot source Goods acceptable to the Buyer because the ordered Goods are not available, the Buyer will have 7 days to provide written notice to cancel the order. Marten Stanmore will, upon receipt of such notice, refund moneys paid in full. The Buyer agrees and acknowledges that all specifications and advertising issued by Marten Stanmore and any descriptions or illustrations contained in Marten Stanmore marketing materials are provided for the sole purpose of giving an approximate idea of the Goods described in them. Marten Stanmore is not bound by such descriptions which do not form a part of these Terms and Conditions, nor are they a part of the sales agreement, and this is not a sale by sample.

Product Delivery

Unless otherwise agreed by the parties, delivery of the Goods shall be to the Buyer’s home or business address. The Goods may be delivered framed or unframed. The frame will encase the product and is separate from the actual delivery packaging for the Goods. The client acknowledges that the Goods are unique, rare, and of high value and that the value of the Goods can be reduced by merely handling the Goods. Marten Stanmore will make its best effort to deliver the Goods by the agreed date or within a reasonable time if no dates are stated. All delivery dates are estimates only and time of delivery is not of the essence. The Buyer must inspect the Goods upon delivery and advise Marten Stanmore of any defects within 10 working days of the delivery date, or all complaints as to defects are waived. Risk of loss or damage to the Goods passes to the Buyer upon delivery unless stored at our gallery where the buyer is fully covered by the gallery’s blanket insurance. Where the Buyer requests that the Goods be placed directly in the safe custody of another party on behalf of the Buyer, delivery shall be deemed to take place on the date the Goods are transferred into safe custody.