In accordance with the European Consumer Rights Directive, buyers residing in the European Union are entitled to a right of withdrawal for purchases made online. The following terms apply strictly:
Statutory Withdrawal Period:
The buyer has a period of fourteen (14) calendar days to exercise the right of withdrawal without providing any reason. This period begins on the day following the date on which the buyer (or a third party designated by the buyer) takes physical possession of the artwork.
Exceptions Applicable to Artwork (Special and Custom Orders):
In accordance with European legislation, the right of withdrawal does not apply to goods made according to the consumer's specifications or clearly personalized goods. Consequently, the following are expressly excluded from any right of withdrawal:
Withdrawal Procedure:
To exercise this right, the buyer must notify their decision before the expiration of the 14-day withdrawal period. Such notification must be made clearly by either:
Return Shipping Costs Borne by the Buyer:
All costs associated with returning the artwork to Susan Gardner Fine Art in the UK shall be borne exclusively and entirely by the buyer. Susan Gardner Fine Art will not provide a prepaid return shipping label.
Responsibility for Customs, Brokerage Fees, and Return Taxes:
The buyer is legally considered the exporter of the artwork when returning it. Accordingly:
-
All customs brokerage fees, required customs documentation, administrative charges, and any duties or taxes assessed by authorities upon re-importation of the artwork into the UK shall be borne exclusively by the buyer.
-
The buyer must expressly instruct the carrier that all duties, taxes, and brokerage fees associated with the return shipment (DDP – Delivered Duty Paid) are to be charged to the buyer (the sender in Europe) and not to Susan Gardner Fine Art (the recipient in the UK).
Non-Refundability of Original Shipping Charges and Import Taxes:
Susan Gardner Fine Art will refund only the net purchase price of the artwork. Original shipping charges paid at the time of purchase are non-refundable. Likewise, local sales taxes, European VAT, customs duties, or any other import charges paid by the buyer to authorities in their own country during the initial importation are not refundable by Susan Gardner Fine Art under any circumstances, as such amounts were never collected by Susan Gardner Fine Art. It is the buyer's responsibility to seek any available VAT refund from their local tax authority upon presentation of proof of return.
Packaging and Insurance Requirements:
As artworks are valuable and fragile goods, the buyer must return the artwork in its original ultra-secure packaging (or packaging of equivalent quality approved for fine art transportation). The buyer is required to obtain full transit insurance covering the full value of the artwork for the return shipment.
Liability for Diminished Value and Condition of the Artwork:
The buyer shall be liable for any diminished value of the artwork resulting from handling beyond what is necessary to establish its nature, characteristics, and condition. The final refund will only be issued after receipt, complete inspection, and confirmation by Susan Gardner Fine Art that the artwork has been returned in impeccable condition. If the artwork is returned damaged, Susan Gardner Fine Art reserves the right to deduct from the refund any restoration costs or the total loss in value of the artwork.
Refund Procedure:
Once the artwork has been inspected and approved, Susan Gardner Fine Art will refund the net purchase price of the artwork within a maximum period of fourteen (14) days following its receipt in the UK, using the same method of payment used by the buyer for the original transaction.
