Terms & Conditions

General

This Agreement defines the terms and conditions that govern the relationship between Llamart Ltd “Llamart” and its “Seller”, “Buyer” and “User” with respect to process, terms and conditions under which you may sell, buy or present properties such as art, artworks, artefacts, design objects and other similar items collectively named “Property” on Llamart's website “Llamart.hk”. “Seller” means a person or a company registered on Llamart.hk to sell properties on Llamart.hk. "Buyer" means a person who is registered as a user to access Llamart.hk and buys a Property from Llamart.hk on Llamart Auctions, Private Sales or Gift shop. “User” means a person registered on Llamart.hk to browse the content. "Description" means all the details of the Property as present on Llamart.hk and may include, without limitation, the name of the artist, designer or manufacturer, the title of the Property, and the following additional details.

If you wish to buy a Property through Llamart.hk you must accept the terms and conditions of this Agreement. Please read carefully and understand the following terms before using Llamart.hk. By registering and using Llamart.hk as a Buyer you agree to be bound by all terms and conditions of this agreement. 

Buying on Llamart Private Sales:

Registration:

These terms and conditions apply only for buying fixed-price items on Llamart Private Sales and Llamart Gift shop and not on Llamart Auction.

Llamart Private Sales and Gift shop part of Llamart.hk providing a venue for galleries, artists, designers, companies and collectors to sell Properties at a fixed priced. Buyers should be at least over the age of eighteen (18) to register. Users must provide your real name, address, phone number, e-mail address. Llamart entitled to seek further information and verify the authenticity of the data provided by its Users or Buyers to as necessary for granting their registration.

Buying process:

The Property made available for sale on Llamart Private Sales and Llamart Gift shop is not in the physical possession of Llamart and can be physically located anywhere in the world. Llamart doesn’t own any of the object listed on Llamart Private Sales or Llamart Gift shop. All Properties available for sale on Llamart Private Sales and Gift shop will be sold at the price listed and no discounts will be granted to the Buyer. The price of the Property listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Property as well as the shipping address provided by the Buyer.

Llamart is not responsible for any errors or omissions that may occur in the description, pricing or other content related to the Property. In the event of such error, Llamart is entitled to cancel the order placed by the Buyer by noticing the Buyer by email.

Once an order is placed on Llamart the Buyer is required to proceed to the payment of the price of the Property plus shipping cost if selected to confirm the purchase. In the event that Llamart doesn’t receive any payment the order will not be confirmed. The Buyer warrants that all information submitted are true and accurate. The Buyer agrees to pay all costs, charges plus all applicable taxes for their orders.

All Properties displayed on Llamart.hk are supported by an authenticity guarantee from the Sellers.

Llamart does not have the obligation to provide any physical preview of the Property either before or after the sale. Llamart is not liable for the conditions of the Property. Conditions reports are based on the information provided by the Seller.

For all artworks with a value superior to 5 000 USD the Buyer will need to place a buying inquiry on Llamart.hk first and to contact Llamart’s team to proceed to arrange the payment via wire transfer.

Payment:

The reference currency on Llamart.hk is USD.

For all amounts inferior to 5 000 USD the buyer can proceed to the payment using his Credit Card or Paypal account following the procedure provided on Llamart’s email confirmation.

For all amounts superior to 5 000 USD the buyer has to proceed to a wire transfer to the Llamart’s bank account details provided by email.

The order will only be confirmed once Llamart received the full payment. The artwork will still be available on Llamart until reception of full payment. In case of sales conflict the buyer who submitted the buying inquiry first will have the priority. Payments will be only accepted from the same Buyer as registered. In case of a payment may be process under other conditions it might be either returned or could result in delays in processing the order until Llamart validates the purchase or take any other decision.The Buyer has 5 days maximum to proceed to the payment. In case of delay Llamart will contact the Buyer to remind him to proceed to the payment. Llamart reserves the right to cancel any orders and to ban the Buyers from Llamart.hk in case of non-payment.

Shipping:

Regarding the shipping method three different options are possible depending on the size and the value of the property and the will of the Buyer. During the checkout the Buyer will select the shipping method between this 4 options:

Option 1 UPS Logistic:

If the Property measurement is under length max.270cm and length +2 x width + 2 x heights equal max. 419cm, maximum weight 70kg, value less than 5 000 USD therefore the shipping can be organised by our partner UPS. If the Buyer selects "UPS" for the shipping of the Property, the online calculation tool will add the corresponding cost of shipping automatically to the total amount. The cost of shipping will be calculated according to the size and weight of the property and also according to the origin and the destination. The destination will correspond to the Shipping address indicated by the Buyer. The insurance will be automatically added to the shipping cost. The Buyer has the obligation of paying the shipping cost directly. In case of buying a Chinese Property from abroad the exportation license preparation will take approximately 10 business days before the property can be ready for shipping.Any additional cost of custom clearance will be cover by the buyer at destination.

Option 2: Fine Art Logistic:

If the Buyer selects "Fine Art Shipping" during the checkout, Llamart will organise the shipping with its Fine Art Logistic Partners. After payment of the Property Llamart will notify the shipping method to the Buyer in the payment confirmation send by email. Llamart will first ask quotations to its Logistic partners and select the best service providers according to origin and destination.In the following 3 days after the payment of the Property Llamart will send another email to the Buyer including the payment notification and instructions regarding the shipping cost. The Winning Bidder will have 5 days to proceed to the payment of the shipping cost on Llamart.hk. The shipping cost will be listed in Your Order list and can be paid using Credit Card or Paypal Account. The shipping of the Property will be organised only once Llamart received the payment of the shipping from the Winning Bidder.

Llamart will organise the transportation using the best Fine Arts Carriers. The property will be carried in a custom crate, made especially for exportation if necessary. The service will be express airfreight, door to door including all customs clearance process. The standard shipping duration will last between 7 to 15 days depending on the origin and destination. An insurance offered by the logistic provider will be included automatically. The Buyer will be notify per email of the status of the shipping and will be able to track it online. 

All the costs linked to the shipping process, packing, storage, custom clearance, import taxes are due to the Buyer. The Buyer is responsible to make sure the property can be import into the country of destination. Llamart’s fine art logistic partners will respect export restrictions.

Option 3 Buyer’s arrangement:

If the Buyer selects "Own Arrangement" during checkout, he will organise the shipping himself. Llamart will send the address and contact details of the Seller by in the following 3 days after payment confirmation. The Buyer will then have the freedom to make his own arrangement regarding the shipment.The Seller will leave the Property at the disposition of the Buyer in the location where it was registered on Llamart.hk in order for the Buyer to make his own arrangement. The Seller is not responsible to organize the shipping or to help the Buyer in the process.

All the costs linked to the shipping process, packing, storage, custom clearance, import taxes are due to the Buyer. The Buyer is responsible to make sure the property can be import into the country of destination. Llamart’s fine art logistic partners will respect export restrictions.

Option 4: Domestic shipping in Mainland China only:

Domestic shipping in Mainland China, are organized by Llamart using local fine art shipping companies for a flat fee of 100USD. The shipping cost will automatically be added to the final price.

Buying on Llamart Gift Shop:

Payment:

Buyers can only use their Paypal Account or Credit card to buy on Llamart Gift shop.

Shipping:

Option 1: UPS International Shipping (price automatically calculated):

The UPS online tool estimates the cost of shipping and the corresponding value is automatically added to the total to be paid by the Buyer.

Option 2: Domestic Shipping in China Mainland only (no fee):Llamart’s partners will cover the cost of domestic shipping included in its selling price. 

Return Policy

All orders on Llamart.hk are finals and placing an order on Llamart.hk constitutes an irrevocable acceptance of the purchase. The contract of sale is between the Seller and the Buyer.

Property Authenticity:

The Seller guarantees the authenticity of the Property sold for a period of one year. The Seller provides an authenticity certificate in relation to this guarantee provided by the artists or gallery. Authenticity means the property correspond to the description provided, with reference to the name of the artist, title of the property, date, dimensions, medium.

Within one year after the sale, if the Buyer can prove that the property sold by Llamart wasn’t authentic, the Buyer will be able to claim the full refund of the artworks price plus buyer’s premium to the Seller. The Buyer should first demonstrate successfully the inauthenticity of the Property by the judgement of an independent expert. All authenticity claims will require official proof established by a competent authority. Only the buyer registered on Llamart not any subsequent owner are able to make inauthenticity claim. The property should be returned in the original sales condition. In order to verify the authenticity claim, Llamart owns the right to consult, at the expense and acceptance of the Buyer, two recognized art experts to examine the Property before offering a refund. Experts’ conclusions shall not be binding on Llamart.  The buyer will return the property to the Seller who will fully refund Llamart in the following seven days after receiving the painting. Llamart will forward the refunded amount including buyer’s premium to the buyer. If the Seller fails to refund the cost of the property as mention in this clause, Llamart will be authorized to initiate legal proceedings against the Seller. The Buyer should cover all costs of such legal actions instituted by Llamart.

Limitation of Liability:

Llamart is not the agent of any Seller or Buyer and is not directly involved in such sales. Accordingly, Llamart cannot guarantee that any Seller or Buyer will complete any sale. A contract of sale will be formed between the Buyer and the Seller directly.

Llamart and its employees give no representations or warranties concerning the description, size, condition, medium, provenance or value of any artworks included or sold on Llamart.hk. Llamart is not liable for any loss or damage arising from the sale of artwork by any Sellers. Regarding to authenticity liability, neither Llamart’s partners nor Llamart, nor any of Llamart’s employees or agents, shall be responsible, either for the accuracy of any statements as to the authorship, origin, date, age, attributes or authenticity of any property in the sale, or for any mistakes in the description, or for any faults or defects in the properties, or for any other act or error. In case of inauthenticity, the Buyer agrees that the restitution of the property and the refund of the sale price paid by the Buyer is the unique remedy possible and provided in lieu of any other remedy, which may otherwise exist under law. Llamart is therefore not liable for any secondary or consequential prejudices incurred or claimed.

Concerning damages, losses or loss in value that might happen to the property  (excluding frames) during shipping and transit, they will be covered per the insurance policy provided by the shipping company. In case the buyer chooses himself the shipping and insurance option it will be at his entire responsibility.

Llamart is not liable for any damages including without limitation lost profits arising out of using Llamart or in connection with this agreement or any properties sold or purchase or services or inability to use Llamart.hk. Llamart does not guarantee or represent in any manner that Llamart.hk will operate error-free or that Llamart.hk will be uninterrupted. 

Amendment and Notification:

Llamart reserves the right to change any of the terms and conditions contained in this Agreement. Any changes will be effective directly after posting of the revisions on Llamart.hk. The Buyer is responsible for reviewing the terms and conditions and any applicable changes. Changes to this Agreement may be posted on Llamart.hk without noticing the Buyer. Continuing using Llamart.hk as a Buyer will constitute your acceptance of such changes or amendments to this agreement.

Copyright and Trademark:

All content of the Llamart.hk and Llamart Applications are copyright protected in favour of Llamart. All brand names used on Llamart.hk and Llamart Application are trademarks registered. Any rights are reserved. No picture, image, illustration or written material maybe used or required without the prior written permission of Llamart. The buyer of a property on Llamart doesn’t acquire any copyright or other reproduction rights.

Termination of Agreement:

The Agreement is valid for an unlimited period of time starting the registration of the User on Llamart.hk. In case of violation of this agreement Llamart will cancel all the transactions of the Buyer and might ban him for Llamart.hk. Llamart reserves the right to terminate this Agreement at any time for any reason and cancel any pending sales.

Law and jurisdiction:

The Buyer agreement is subject to the laws of the People’s Republic of China. In the event that the Buyer is located in any jurisdiction other than Chinese such laws shall apply to the Buyer agreement and to the effect of the provisions thereof.