Terms of Service

Overview

Donya Gallery Limited, (“Donya Gallery” or “The Gallery”) is a private company incorporated in England and Wales under Companies Act 2006, registered company number is 09884256. Our registered office address is C/O FMA Accountants Ltd Building 3 Chiswick Business Park, 566 Chiswick High Road, London, England, W4 5YA. 

The Gallery provides a service for viewing and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.donyagallery.com (the “Site”) together with any services, software, tools, features, or functionality made available by Donya Gallery (each, a “Service” and collectively, the “Services”). Please carefully read the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.donyagallery.com/privacy (the “Privacy Policy”). The Gallery is authorised to sell the artwork(s) on behalf of the artist (the “Artist”)

You acknowledge and agree that by accessing or using the services, or by purchasing a work on or through the services, you are indicating that you have read, understood, and agreed to be bound by these terms. 

Modifications to these Terms

Donya Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you should discontinue using the Services. We encourage you to check back regularly to review these Terms.

Privacy Policy

See Donya Gallery’s Privacy Policy at www.donyagallery.com/privacy for information and notices concerning Donya Gallery’s collection and use of your personal information.

Purchasing Terms and Conditions

1. These Terms and Conditions, together with the terms set out on the front of the invoice and those set out in the correspondence confirming the sale, outline the entire Agreement between the addressee of the Sales Invoice (the “Purchaser”) and Donya Gallery Limited (the “Gallery”) relating to the sale of the Work(s).
2. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible, and which will be separately identified on your receipt.
3. Donya Gallery will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements.
4. Full payment must be received within seven days of receipt of the Sales Invoice.
5. The Gallery warrants to the Purchaser that the artwork(s) is an authentic artwork(s) by that artist and the invoice, along with the artist's original signature on the artwork(s), stand as proof of the authenticity of the work and no further certificates will be provided.
6. No copyright or other intellectual property rights in the artwork(s) are granted to the Purchaser and the Artist’s moral rights (including the Artist’s right to be identified as author of the artwork(s) are hereby asserted.
7. Title to the artwork(s) will pass to the Purchaser only on full receipt of the Sales Invoice total by cleared funds, and the Purchaser shall be responsible for the artwork(s) and risk shall pass to the Purchaser, so must therefore make appropriate arrangements to insure the artwork(s) from this time.
8. Artwork(s) will be stored free of charge for a period of sixty days, after which time any artwork(s) not shipped or paid will incur storage charges for which the Purchaser will be liable. The Gallery will send the Purchaser a reminder four weeks after the Sales Invoice has been raised if the artwork(s) have not been shipped or paid with details of the storage charges expected to incur.
9. Artwork(s) shall not be released to the Purchaser until the Gallery has received the full Purchase Price in cleared funds and the Purchaser has paid any storage costs due under Clause 7 above.
10. The Purchaser is responsible for all associated crating and shipping costs, unless otherwise agreed in writing between the Gallery and the Purchaser.
11. In the event of an export sale where the Purchaser arranges their own export or export clearance, the Purchaser must send proof of export (“POE) to the Gallery within one month of the date of the Invoice. Should the Purchaser fail to provide a satisfactory POE the Gallery is entitled to charge the Purchaser UK VAT of 20% on the Purchase Price.
12. The gallery may use personal information supplied by the Purchaser and the Purchase Price to fulfil its obligations to the Purchaser and for administrative purposes. The Gallery may share such information with its affiliated companies as necessary to fulfil its obligations to the Purchaser with third parties (e.g. shippers). The Gallery may also share the Purchase Price, the Purchaser’s identity, and the Purchaser’s location with the Artist. 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 as the EEA.
13. The Purchaser agrees to notify the Gallery of the donation or sale of the Work(s) to an institution in the future, for provenance purposes, subject to the resale rules set out on the Sales Invoice.
14. If the buyer fails to comply with the resale rules set out on the Sales Invoice, they will promptly indemnify the gallery to an amount equal to the difference between (i) the selling price of similar artworks in perfect condition of the artist at the last public auctions and (ii) the price paid for the acquisition of such artwork(s).
15. In the event an artist is unable to complete a commissioned work in the agreed timeframe, the gallery will refund the Commissioner in full.
16. In the event of the Purchaser cancelling a sale, refunds may be offered at the gallery’s discretion in the form of gallery credit, with the only exceptions being a commission which does not meet the Commission Agreement terms or artwork(s) being damaged beyond reasonable repair.
17. The gallery reserves the right to terminate any sale at its discretion if any of the sale terms are not met.
18. The contract of sale of the artwork(s) and any contractual or non-contractual dispute or claim arising from or in connection with the sale shall be governed by the law of England and Wales. For claims against the Artist and the Gallery, the courts of England and Wales shall have exclusive jurisdiction to settle all disputes arising under or in connection with the sale, but that the Artist and the Gallery shall have the right to bring proceedings in any other court of competent jurisdiction within or outside of England and Wales.

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Order Cancellations

The Gallery reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if we determine, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Donya Gallery cancels an order placed via the Services, Donya Gallery will send you an email confirmation of such cancellation and you will not be charged for your order.

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Taxes

All prices, commissions, fees, and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in British Pounds, GBP. 

Changes

We reserve the right, with or without prior notice, to change descriptions or references to artworks, products, subscriptions, software, or services; limit the available quantity of any artworks, products, subscriptions, software, or services.

Contacting Donya Gallery

If you have any questions about these Terms, please contact Donya Gallery at support [at] donyagallery [dot] com or by post at: