Terms and Conditions

These are the terms and conditions on which we supply services to you. Thyme Contemporary provides an online platform (the “shop”) 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 Shop.

Please read these terms and conditions (the “Terms”) carefully before you submit any order for the artwork to the seller via the shop. 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 via email at contact@thymecontemporary.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.

BUYING

Thyme Contemporary is an online shop that allows artists to offer and sell works of art.

The shop 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.

Thyme Contemporary is an intermediary in the transaction between buyers and sellers. Only on the occasion that Thyme Contemporary is in possession of an artwork listed for sale on the shop do we act as sellers of that artwork. Where you purchase artwork offered by a seller in the shop, 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 shop.

Unless Thyme Contemporary is acting as a seller, we are not a party to that contract. Each seller authorises us to be its commercial agent on the shop 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 shop, 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 shop if you are at least 18 years old.

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.

Thyme Contemporary 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 - including watermarks on paper - 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.

Thyme Contemporary 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 shop 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 shop and purchased by you, Thyme Contemporary will arrange for the 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, are 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 is included. 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 Thyme Contemporary 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 shop and

  • the legally binding contract will be formed when the seller dispatches the artwork and you are notified of such dispatch.

Thyme Contemporary reserves the right to reject any order without the obligation to give any reason for doing so.

 

PRICE

We take all reasonable care to ensure that the price of the artwork advised to you is correct.

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 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 shop and require the return of any artwork provided to you.

If an artwork has been priced incorrectly due to a technical issue, we reserve the right to cancel the sale and refund you in full.

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 Thyme Contemporary. 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 Thyme Contemporary on behalf of the seller. 

We endeavor 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.

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.

Thyme Contemporary 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 a 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 shop.

If the artwork is damaged when it is delivered to the address you gave us, you must contact us within 3-days of receipt. The damaged product and packaging must be photographed and retained in case of inspection by our carriers. Claims of non-delivery must be made within 28-days of dispatch.

 

INTERNATIONAL DELIVERY

Your order may be subject to import duties and taxes which are applied when the delivery arrives at 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 Thyme Contemporary or the seller will be liable or responsible if you break any such law.

We do our best to arrange for the 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 contact@thymecontemporary.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 Thyme Contemporary's online payment processing system. The currency at checkout will always show in GBP (£).

Bank transfer is available on request where the total value of the invoice is more than £250. Please email us at contact@thymecomtemporary.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 shop.

You pay Thyme Contemporary 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 shop. We are authorised by the seller to accept your payment for your orders in accordance with our role as a commercial agent for the seller. Thyme Contemporary concludes the sale of the artwork on behalf of the seller and so our name will appear on your card statement.