TERMS OF SALE
1. ABOUT US
We are Pierce Protocols Limited (“we, “us”, “our”), a limited liability company registered in England and Wales under company number 05613954. Our registered office is at 126-134 Baker Street, London, England, W1U 6UE and our VAT number is GB 880 0793 13.
You can contact us at [email protected] on telephone number 0207 494 9198.
2. THESE TERMS
Damien Hirst is releasing his “Empresses” limited edition prints which are available for sale via this website (“Website”) during a fixed time frame for purchase. As such, the number of prints ordered will determine the final size of the edition.
These Terms of Sale contain all the terms and conditions on which we contract with buyers for the sale of these limited edition prints (“Artworks”) via the Website.
3. PLACING AN ORDER AND OUR CONTRACT
- For all orders, once your order has been placed, we will send you an acknowledgment by email providing you with a customer order number and the cost of your order. This email is an acknowledgement that we have received your order and does not constitute acceptance of your order by us.
- Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation procedures set out below, our acceptance of your order will take place when we notify you that the Artworks ordered by you are ready to be dispatched, at which point a contract will come into existence between you and us.
- We may be unable to accept your order. This might be because we are unable to obtain authorisation for your payment or we identify an Artwork or pricing error. If, for whatever reason, we do not accept your order, we will notify you of this and will refund to you any amounts that you have already paid to us for the Artwork.
4. OUR ARTWORKS AND WEBSITE
- We will take all reasonable care to ensure that all details, descriptions, depictions and prices of Artworks appearing on our Website are correct at the time that the relevant information is entered onto the system. Although we aim to keep the Website as up to date as possible, the information on the Website at a particular time may not always reflect the position exactly at the moment you place an order.
- Please note that all dimensions are approximate and illustrations and images are for identification and illustrative purposes only. Whilst we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Artworks. Artworks purchased may vary from the images shown.
- You acknowledge that descriptions of Artworks are not warranties and that each Artwork is sold “as is.” Information provided in respect of any listing, including in the online listing descriptions and whether written or oral is a statement of our opinion and not a representation of fact.
- The intellectual property rights in each Artwork is owned by the artist who created it, or any third party to whom such rights have been transferred by the artist, and you shall have no right, title or interest in or to the intellectual property rights in any Artworks purchased by you from us.
- The intellectual property rights in all images, photographs, illustrations and other content created by or for us relating to a listing or the Website is owned by us and you shall have no right, title or interest in or to such intellectual property rights and may not use such materials without our prior written consent.
5. PRIICE AND PAYMENT
- All prices and charges are shown in United States Dollars. The actual amount to be paid in your home currency will be determined by the exchange rate used by your bank or credit card company when you are actually charged.
- All prices indicated on the Website are exclusive of UK VAT. If UK VAT applies, it will be charged in addition to the purchase price, at the prevailing rate unless otherwise stated.
- In addition to the purchase price, you agree to pay us any and all shipping charges, and all other applicable taxes and charges that we incur.
- In addition to any amounts payable to us, you are responsible for paying any taxes, customs duties and fees due to local customs or revenue authorities (“Import Duties and Taxes”) which are triggered or levied when the Artwork is shipped to the country you designate. Where Import Duties and Taxes are due, you are solely responsible for paying them. We do not collect and pay Import Duties and Taxes on your behalf. You will need to pay any amounts due directly to the applicable customs authority, including any penalties, fines, or any other damages that may arise as a result of failure to make timely payment. We are not able to offer any guidance on Import Duties and Taxes and we recommend that you contact your local customs office for details.
- It is possible that, despite our best efforts, some of the Artworks on our Website may be incorrectly priced. If the Artwork’s correct price at the time of your order is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums already paid and require that you return the Artwork to us.
- Payment may be made by any of the methods specified on our Website. You must pay for the Artworks before we dispatch them to you.
Additional terms applicable to cryptocurrency payments
- We accept payments in cryptocurrencies. The cryptocurrencies we accept will be displayed on the Website. All cryptocurrency transactions will be handled through a payment gateway used by us and with which you will deal directly.
- Before you can pay with cryptocurrency, you will need to get some of the applicable cryptocurrency and store these in a wallet. When you get to the payment option screen you will be presented with the various ways you can pay. If you choose to pay using cryptocurrency then you will be taken to the payment page of the payment gateway which allows you to select the applicable cryptocurrencies.
- The purchase price in USD will be converted into the current value of the applicable cryptocurrency at the time your transaction is processed, pursuant to a source determined by us at our sole discretion.
- You must send the exact amount of cryptocurrency specified by us. If you send less or more than that amount, we will issue a refund and you will need to repeat the checkout process. We cannot guarantee that the purchase price of the Artwork will be the same for any repeat payment because the cryptocurrency conversion rate may have changed.
- Once you choose to pay with cryptocurrency, you must send it within the timeframe displayed by the payment gateway. If you do not send it within this timeframe, the conversion rate may have changed and will need to be refreshed in order to complete the payment.
- The purchase price is exclusive of the transaction fees that are payable if you choose to pay with cryptocurrency.
- Every cryptocurrency transaction must be added to the blockchain in order to be considered successfully completed or valid. Transaction fees are payable in order to validate transactions and add them to the blockchain. Transaction fees are paid to miners on the Bitcoin and Ethereum networks. We do not receive any transaction fees nor do we have any control over how much you need to pay when you make the transaction.
- You can choose the amount of the transaction fees to pay but the lower the fee, the longer it will take for the transaction to be confirmed. See also below. We suggest using your wallet’s recommended transaction fees.
- When you make a transaction using cryptocurrency, your transaction will not be recorded on the blockchain until it has been included in a block on the blockchain, at which point the blockchain has one confirmation. Each new block added to the blockchain is another confirmation for your transaction. A specific number of block confirmations is required in order to consider a transaction final. The number of block confirmations required to consider a transaction final will vary depending on the applicable cryptocurrency. We require 6 confirmations for Bitcoin and 35 confirmations for Ether and USDC.
- The required number of block confirmations must be processed within 5 days from the date on which you make the transaction. We have no control over this, and a failure of your payment to be finalized means you may need to pay again, using the then-current cryptocurrency conversion rate. If the cryptocurrency arrives in our wallet after this date, we will issue a refund.
- You must send the cryptocurrency to the address that we provide to you. Since transactions are irreversible on the blockchain, if you make a mistake and your cryptocurrency is sent to the incorrect address, you will lose the cryptocurrency and the order cannot be accepted. It is your responsibility to make sure that you send the cryptocurrency to the correct address. We are not liable for any failure by you to send the cryptocurrency to the correct address we provide to you.
- If you qualify for a refund under our refund policy, you will be refunded using USD as the base currency for the purchase price (including VAT where applicable), converted into the applicable cryptocurrency at the current rate at the time we issue the refund (and not at the time the refund is requested or when we confirm that a refund will be issued).
- We do this to ensure that the equivalent USD amount you pay at the time of purchase is also returned to you in cryptocurrency. In order to protect both you and us from fluctuations in the cryptocurrency rate, we do not refund at the cryptocurrency rate that existed at the time of purchase. This could mean that you receive more or less cryptocurrency than the amount you paid at the time of the transaction. However, the USD value will still be the same.
- If an order made by cryptocurrency is not accepted or cancelled and a refund is issued, we will incur transaction fees when we issue the refund. You will not be liable to reimburse us for the transaction fees if we are not able to accept your order but payment has already been made and this is not due to any act or omission by you e.g. there has been a pricing error on the Website.
- You will be liable to pay the transaction fees if any of the following apply:
- you exercise your right to cancel an order in accordance with clause 8;
- we need to issue a refund because you have sent the incorrect amount of cryptocurrency (see above); or
- the required number of block confirmations needed to confirm a transaction did not take place before the expiry of the 5 day time limit (see above)
in which case we will deduct the applicable transaction fees from the amount to be refunded.
6. DELIVERY OF ARTWORKS
- The costs of delivery of the Artworks will be as displayed to you on our Website during the order process.
- After expiry of the fixed time frame for purchase of the Artworks, we will arrange for fabrication of the Artworks. We estimate that the earliest completion date for fabrication of the Artworks will be three months from the expiry of the fixed time frame.
- We will deliver the Artworks to you no later than 30 days after the date on which the contract is formed unless otherwise stated. Delivery will only be made once full payment for the Artworks has been received from you. We are not responsible for any delays or additional charges resulting from destination customs clearance processes. Timing may be impacted by Covid-19 restrictions or delays.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Sale that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Sale (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under the Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- Orders shall be delivered to the address indicated by you at the time of ordering, save that we will only deliver to those countries found on the list shown on our Website at the time of ordering and we do not deliver to P.O. boxes. We cannot be liable for any loss suffered by you as a result of you supplying us with incomplete or inaccurate delivery information. We are unable to redirect orders once the Artworks have been dispatched.
- In the event that no one is available at your address to take delivery, a notice shall be left informing you of how to rearrange delivery or indicating from where the Artworks may be collected. If you do not take delivery or collect the Artworks within a reasonable time, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you a reasonable amount by way of compensation for the costs that we incur as a result.
7. OWNERSHIP AND RESPONSIBILITY
- You will own the Artworks from the time when the contract between you and us is made. Ownership will immediately revert to us if we refund the price you have paid for the Artworks.
- The risk in and responsibility for the Artworks will transfer to you from the time we deliver them to the address provided by you in your order. You are responsible for insuring the Artworks from this point.
8. CANCELLATIONS AND RETURNS FOR CONSUMERS
- If you are a consumer, you have a legal right to cancel your order at any time prior to delivery or within 14 days of delivery having been made (starting with and including the day after you receive the Artworks). This right, under the Consumer Contracts Regulations 2013, is explained in more detail in these terms.
- To exercise your right to cancel, please contact us before the end of the 14 day period informing us of your wish to cancel and providing details of your name, address, contact details, customer order number, the date on which your order was placed and the Artworks to be returned. You may use the cancellation form in the Schedule to these Terms of Sale, but you do not have to. Any notice given by you after the 14 day time limit will not be effective to cancel your order.
- If you cancel your order after the Artworks have been dispatched to you (or at a time when it is too late for us to prevent them being dispatched), you must return them to us at Pierce Protocols Ltd, 29-35 Lexington Street, London, W1F 9AH or such other address as we may specify) by recorded delivery within 14 days of notifying us that you wish to cancel the contract. You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the Artworks should this be required. You are responsible for ensuring that the Artworks are adequately protected during transit, bearing in mind their nature and value. Artworks must be returned in a saleable condition. We ask that you return the Artworks in the same packaging.
- If you exercise your right cancel set out in this clause, you must pay the costs of return.
- If you exercise your right to cancel, we will refund you the price you paid for the Artworks, including delivery costs but subject to any applicable deductions as described in clause 8.6 below. The refund will be made to you by the method you used for payment.
- In calculating the amount to be refunded to you:
(i) the maximum amount that we will refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(ii) we may make deductions to reflect any reduction in the value of the Artworks that is the result of unnecessary handling of the Artworks by you. If we make the refund to you before we are able to inspect the Artworks and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.
- We will process any refunds due to you within 14 days from the day on which we receive the Artwork back from you or, if earlier, the day on which you provide us with evidence that you have sent the Artwork back to us in accordance with these Terms of Sale. We will notify you by email once your refund has been processed.
- Nothing in this clause affects any of your rights to reject Artworks other than in accordance with your right to cancel under this clause. If you wish to exercise a right to reject the Artworks you must notify us and return the Artworks to us in accordance with clause 8.2.
If you have any questions or complaints about the Artworks or our services please email us at [email protected].
10. OUR LIABILITY
- References to liability in this clause 10 include every kind of liability arising under or in connection with these Terms of Sale including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
- No provision in these Terms of Sale shall be deemed to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, our liability for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
- Subject to clause 10.2, our total liability in connection with the sale of an Artwork shall be limited to the total amount actually paid by you for the Artwork.
- Subject to clause 10.2, under no circumstances will we be liable to you for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
- All Artworks, information and services made available through the Website are provided on an “as is” and “as available” basis. We are not responsible for the correctness of any statement of whatever kind concerning any listing, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any listing.
- We do not give any representation or warranty or assume any liability of any kind whatsoever, express or implied, in connection with these Terms of Sale, the Website, our services or any Artworks including with regard to description, size, non-infringement, medium, value, condition, rarity, historical relevance or attribution, except to the extent such representations and warranties cannot be excluded under applicable law, and no statement anywhere whether oral or writing shall be deemed to be such a representation or warranty.
- The laws of some countries do not allow some or all of the disclaimers, limitations or exclusions described above. This is especially so if you are a consumer. If these laws apply to you, some or all of the above disclaimers, limitations or exclusions may not apply to you and you might have additional rights.
- We are not responsible for any loss caused by or resulting from confiscation of a shipment of purchased Artworks to any foreign country or state or risks of restricted transportation by any government or authority.
- We shall have the right, but not the obligation, to cancel a sale without notice to you if we reasonably believe that completing the sale is or may be unlawful or that the sale puts us under any liability to any third party or may damage our reputation. Upon notice of our election to cancel the sale, you will promptly return the Artworks to us, and we will then refund the total amount paid by you to us in respect of the sale. The refund shall constitute your sole remedy and recourse against us with respect to such cancelled sale.
11. PERSONAL INFORMATION
12. FINAL PROVISIONS
- We may amend these Terms of Sale from time to time. Every time you wish to use our Website, please check these Terms of Sale to ensure you understand the terms that apply at that time.
- We may transfer any of our rights and obligations under these Terms of Sale to another organisation. You may only transfer your rights or obligations under these Terms of Sale if we agree to this in writing.
- Each of the clauses of these Terms of Sale operates separately. If any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale. The rights and remedies in these Terms of Sale are cumulative and are not exclusive of any rights or remedies provided by law.
- This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
- These Terms of Sale and their subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of England and Wales. Any disputes relating to these Terms of Sale shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Artworks [*]/for the supply of the following 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),