Terms and Conditions of Sale



Please read these Terms and Conditions of Sale (the “Terms”) and only proceed with your purchase if you agree to be bound by them. Please 
contact Richard Green (Fine Paintings) or Richard Green & Sons Ltd (together "us", "we" or “our”) if you wish to discuss any of these Terms. If 
you are purchasing the work of art identified on the invoice (the “Work") from us on someone else’s behalf, that person accepts joint and several 
liability with you under these Terms. These Terms apply whether you are buying in person or online to the exclusion of any previous terms and 


1.1. These Terms and our invoice for the Work constitute your and 
our entire agreement to the sale and purchase of the Work (the 
“Agreement”) for the price stated on the invoice (the “Purchase 
Price"). To the fullest extent permitted by law, no other terms, 
express or implied, shall apply, unless you are buying as a 
consumer in which case your statutory rights are not affected. 
1.2. Your acceptance of these Terms shall be demonstrated by (i) your 
signature or that of your principal on the invoice; (ii) full or partial 
payment of the Purchase Price; (iii) any other words or conduct 
demonstrating your or your principal's acceptance (for example 
by you or your principal accepting our offer to sell the Work to 
you); or (iv) your signature or that of your principal on the delivery 




2.1. All statements by us as to the Work, including its authenticity, 
attribution, description, date, age, provenance, or condition, 
constitute a statement of opinion only and not a statement of fact. 
Statements made by us, whether orally or in writing, do not 
constitute representations, warranties, or guarantees of any kind, 
express or implied, other than those which cannot be excluded by 
law. You have had the opportunity to inspect the Work and this 
sale is not a sale by description. You acknowledge that provenance 
listings are not exhaustive and that we shall exercise our discretion 
when compiling such listings. 
2.2. We shall on request provide information in our possession about 
the condition of the Work. However, as we are not professional 
restorers or conservators, you will rely on your own restorers 
and/or conservators to assess the condition of the Work. We 
accept no responsibility for (i) any deterioration of the condition 
of the Work, however occasioned, after the sale and (ii) the 
hanging of the Work which shall be at your own risk. 
2.3. All photographs, advertising and specifications provided by us are 
issued or published for the sole purpose of giving an appropriate 
idea of the Work but do not purport to be an exact or complete 




3.1. You must pay us the Purchase Price for the Work, together with 
delivery costs, any VAT and any amounts payable to us under 
Clause 7 below, by bank transfer or such other methods as we 
may agree, in accordance with the terms of the invoice, within 
thirty (30) days of the date of the invoice (unless specified 
otherwise). If the Work is sold within the VAT Margin Scheme, 
VAT will not be shown on the invoice. Payment is deemed 
received when funds are credited to our designated bank account. 
3.2. Without prejudice to any other right or remedy we may have, we 
are entitled to charge interest on late payments (before as well as 
after judgment) at the rate set out in the Late Payment of 
Commercial Debts (Interest) Act 1998 or, where that Act does 
not apply, at the rate of 2% per annum above the Lloyds Bank plc 
base rate. 
3.3. Unless you buy the Work as a consumer, you are not entitled to 
withhold payment of any amount payable to us by reason of any 
dispute or claim by you whether by way of set-off, counterclaim 
or other deduction. In the event of non-payment or other breach, 
we shall be entitled to obtain and enforce judgment without 
determination of any claims by you. 
3.4. All payments to us must be from a bank account held in the name 
of the person to whom the invoice is addressed, and the invoice 
and the identification documents provided pursuant to Clause 8 
below must match the identification details of the addressee of 
the invoice. Where payment of the price is made by someone 
other than you, we will require documents to confirm their 
identity and their relationship with you. We may decline such 
payments at our sole discretion, pursuant to our obligations under 
the regulations referenced in Clause 8 below. Where you are 
buying the Work on behalf of someone else, you will disclose that 
person’s or entity’s identity to us and provide us with their 
identification documents, as provided in Clause 8 below. 
3.5. You acknowledge that it is your sole responsibility to ensure that 
the Purchase Price is wired to our bank account having checked 
payment details with us first. We accept no liability for any loss 
arising from any monies intercepted or not received by us for any 
reason, including cybercrime. 





We reserve the right to pay a commission to any party who has 
assisted us with the sale of the Work to you or who has introduced 
you to us. 


5.1. The Work will be delivered to you or made available for collection 
by you after we have (i) received in full in cleared funds all sums 
due in respect of the Work and any other amount owed by you to 
us; and (ii) we confirm that we have completed to our satisfaction 
all our financial and other due diligence required by applicable 
5.2. We will arrange delivery of the Work to you at the address agreed 
between you and us in writing unless you have agreed to collect 
the Work from us. You are responsible for all costs of delivery or 
collection unless we agree otherwise in writing. 
5.3. Subject to Clause 5.4 below, you will be responsible for the risk 
of loss and damage to the Work, and for insuring that risk, when 
you or your representative(s) take possession of the Work, and 
you agree that thereafter, you will not hold us responsible for any 
loss or damage to the Work. Any loss or damage to the Work prior 
to your taking possession shall be covered by our own insurance, 
however neither we nor our insurers shall assume any liability for 
loss of profit, business or revenue or incidental, consequential, or 
exemplary damages howsoever arising. 
5.4. If you fail to accept delivery of the Work or to collect it as agreed, 
we may charge you for the reasonable costs of storage and delivery 
or re-delivery. Risk of loss and damage to the Work shall 
nevertheless pass to you on the original date and time agreed for 
delivery or collection and you irrevocably agree that the Work 
shall be treated as delivered to you if you fail to arrange re-delivery 
or collection within two (2) weeks of the original delivery or 
collection date. 
5.5. We are not fine art shippers, accordingly we sub-contract shipping 
and delivery. If we arrange delivery of the Work to you, we do 
not accept any liability if delivery is delayed due to reasons outside 
our control. The time of delivery shall not be of the essence. If 
delivery of the Work is delayed (including but not limited to delays 



in obtaining an export licence), we shall exercise reasonable 
endeavours to (i) notify you of the delay, and (ii) to take steps to 
minimise the impact of such delay, but you acknowledge that we 
are not responsible for any additional costs, expenses, liability or 
loss you may incur as result of the delay. 




6.1. Full legal title to the Work will pass to you once we have (i) 
received in full in cleared funds all sums due in respect of the 
Work; and (ii) we confirm that we have completed to our 
satisfaction all our financial and other due diligence required by 
applicable regulations. 
6.2. If you take possession of the Work before full payment of the 
Purchase Price is received by us in cleared funds, you undertake 
as our fiduciary agent and bailee to: 
6.3. keep possession of it, not sell it, export it or hand it over to any 
other person or dispose of any interest in it and in the case of a 
Work consisting of more than one item, keep those items 
6.4. keep all identifying marks showing that we own the Work clearly 
displayed and store the Work on your premises and at no cost to 
us, separately from other property with adequate security 
6.5. at our request, and after we have given you reasonable notice, 
allow us or a third party acting on our behalf to have access to the 
Work in order to inspect it; 
6.6. preserve the Work in the same state as it was on delivery and in 
particular, not restore, repair, clean or reframe it without our 
written consent and take all reasonable steps to prevent any 
damage to or deterioration of the Work; and 
6.7. keep the Work comprehensively insured for not less than the 
Purchase Price, have our interest noted on the policy as an 
additional named insured and loss payee and provide evidence of 
the same to us. 




7.1. If the Work is to be exported from the United Kingdom, whether 
to a country within the European Union or outside the European 
Union, as an additional service, we may arrange the export of the 
Work on your behalf and at your expense and we may make a 
reasonable additional charge for doing so. Unless agreed 
otherwise in writing, neither the sale of the Work (whether or not 
described on the invoice as for export) nor payment of the 
Purchase Price is conditional upon an export licence being 
7.2. You must comply without delay with all requirements imposed by 
the relevant tax authority (that is, any authority imposing, 
administrating or collecting any tax, duty or levy including HM 
Revenue and Customs), any export licensing authority and any 
other official authority, including by obtaining proof of export. 
This includes, but is not limited to, shipping the Work from the 
UK within the relevant period if the sale is for export and zero-
rated for VAT. 
7.3. You shall indemnify us on demand for and against any claim, 
interest, expenses (including but not limited to reasonable legal 
fees), costs, liability, fine, penalty and any other sum claimed from 
us or payable by us arising from or in connection with your failure 
to fulfil your obligations under Clause 7.2 above. 
7.4. If upon its sale to you, the Work is zero-rated for VAT because 
you have told us that you intend to export it from the UK, you 
will be charged VAT on the Purchase Price should you fail to 
export the Work within the three month period prescribed by 
paragraph 3.5 of VAT Notice 703 (and any future amendments of 
the same) and provide us with the relevant proof of export within 
seven (7) days from the date of shipment of the Work. 
7.5. You will be responsible for any taxes including but not limited to 
import tax, duty, merchandise, sales or use tax that must be paid 
in the country of destination whether on shipment or on import 
or at any other time. 





In accordance with applicable anti-money laundering and 
sanctions legislation, we must verify the identity of buyers. 
Accordingly, if you are an individual, you agree to provide (i) a 
copy of your government-issued, valid photo ID (such as a 
passport, driving licence or national ID card), and (ii) a copy of a 
recent utility bill, such as gas, electricity, water (but not your 
mobile phone bill) that is no more than three (3) months old 
showing your permanent address. If you are a legal entity, you 
agree to provide (i) a copy of the legal entity’s certificate of 
incorporation or equivalent formation document, and (ii) 
identification documents (as described above) of the legal entity’s 
immediate and ultimate beneficial owner(s). You agree to supply 
such other information as we may require to meet our obligations 
under applicable regulations. If you are buying as an agent on 
behalf of someone else, you agree to provide us with the 
identification documents and related information of your 
principal as detailed above. If we sell the Work as agent for the 
owner, you agree that we may share the information received from 
you pursuant to this Clause with the owner of the Work solely for 
the purposes of the owner’s compliance with anti-money 
laundering and sanctions obligations applying to them. 


9.1. You represent and warrant now, and at all times up to and 
including the completion of the sale, that: 
9.2. you are not, and your principal if you buy as agent is not, subject 
to trade sanctions, embargoes or any other restriction on trade in 
the jurisdiction in which it does business, under the laws of the 
European Union, the laws of England and Wales or the laws and 
regulations of the United States (the “Restrictive Measures”), you 
(and your principal if any) are not owned, partly owned or 
controlled by person(s) subject to such Restrictive Measures, and 
the Work will not be transferred to or used by or for the benefit 
of any person(s) subject to Restrictive Measures; 
9.3. the funds to be used for the purchase of the Work are not 
connected with nor have any link to nor are derived from any 
criminal activity, including without limitation tax evasion, money 
laundering or terrorist activities, and you are to the best of your 
knowledge neither under investigation, nor have you been 
charged with or convicted of without limitation, tax evasion, 
money laundering, terrorist activities or other criminal activities; 
9.4. there is no civil, criminal, arbitration, administrative or other 
proceeding or investigation actual and pending against you, which 
would in any way seek to prevent, enjoin, alter or delay any 
transaction contemplated by this Agreement; 
9.5. none of your representations or warranties in these Terms 
contains nor, as of the date on which the sale contemplated in this 
Agreement is completed, will contain, any untrue statement of a 
material fact or omits to state a material fact necessary to make 
the statements contained herein not misleading; and 
9.6. you agree to provide such information as we shall require enabling 
us to satisfy our regulatory and legal obligations and warrant that 
information about you, your principal (if any), and if appropriate, 
the source of the purchase funds is accurate, complete and not 
9.7. We shall rely on your representations and warranties, and your 
representations and warranties are a condition of your agreement 
with us. 




10.1. If (i) you fail to pay the Purchase Price in full in accordance with 
Clause 3.1 above; or (ii) we agree with you a payment by 



instalments and you fail to pay any one or more instalments in 
accordance with Clause 3.1 above; or (iii) prior to you paying the 
Purchase Price in full you fail to comply with the obligations set 
out in Clause 7 and/or 8 above; or (iv) you otherwise do or fail to 
do anything which may in any way imperil our ownership of the 
Work (or our principal’s ownership if we sell as agent) or the 
Work itself, we are entitled (without prejudice to any other rights 
and remedies at law) to any of the following remedies: 
10.2. terminate the contract for sale, repossess the Work and claim 
damages for any loss suffered; 
10.3. charge you interest on the amount unpaid at the rate set out in the 
Late Payment of Commercial Debts (Interest) Act 1998 or where 
that Act does not apply at the rate of 2% per annum above Lloyds 
Bank plc base rate from the date when payment was due until 
payment is made in full; 
10.4. retain any sums paid by you for our own account or that of our 
principal if we sell as agent; 
10.5. mitigate our or our principal’s loss by selling the Work on such 
terms as we may reasonably consider appropriate and to claim the 
balance from you; and/or 
10.6. at our election, treat the sale as cancelled, and repossess the Work, 
in which case (and only in which case) and as your sole and 
exclusive right and remedy we shall, following the safe return of 
the Work, refund to you any part of the Purchase Price you have 
paid, after deduction of any sums due to us or our principal 
including but not limited to costs of recovery and restoration of 
the Work. 
10.7. Where you are buying from us as a consumer, we will notify you 
and give you a reasonable time to remedy the position before we 
take any action set out in this Clause. 
10.8. We shall also have the right to repossess the Work and cancel the 
sale if, before you make full payment of the Purchase Price to us: 
(i) proceedings are commenced in the UK or elsewhere involving 
your solvency; or (ii) we reasonably believe that you are insolvent 
or about to become insolvent or we have reasonable doubt as to 
your capacity to pay the Purchase Price in full. If either (i) or (ii) 
occurs, then we may, at our option, immediately repossess the 
Work and/or cancel the sale by written notice to you whereupon, 
without prejudice to any other rights and remedies available to us, 
you will return the Work to our designated address (at your sole 
risk and cost), or, at our option, we may enter the premises where 
the Work is kept to regain possession. Nothing herein shall limit 
any other rights available to us pursuant to applicable law. 
10.9. You shall indemnify us on demand for and against any claim, 
interest, expenses (including but not limited to reasonable legal 
fees), costs, fine, penalty and any other liability incurred by us 
arising from or in connection with any breach by you of these 




11.1. Any claim against us in relation to the Work must be brought 
within a period of three (3) years from the date of the invoice for 
the Work or, if we have been guilty of any fraud or deliberately 
concealed a relevant fact in relation to the Work, within six (6) 
years after you have discovered this, or could have discovered it if 
you were reasonably diligent. We shall not accept any claim after 
these periods. 
11.2. Neither you nor us shall be liable for loss of profits, business, 
revenue (whether direct or indirect) or indirect or consequential 
loss or damage, if any, which either you or we suffer in connection 
with the Work howsoever arising including negligence. We do not 
accept any liability (i) arising from any changes in expert opinion 
after the sale; and/or (ii) for any act or omission by the owner of 
the Work if we sell the Work as agent. 
11.3. Any liability to you for breach of our obligations whether in 
contract, tort (including negligence) or otherwise, shall be limited 
to the price paid for the Work provided that nothing in these 
Terms limits or excludes our liability for: (i) death or personal 
injury caused by our negligence or that of any of our agents; 
and/or (ii) fraud or fraudulent misrepresentation; and/or (iii) our 
wilful default. 




12.1. We shall have the right, but not the obligation, to rescind a sale 
on notice to you, where an adverse claim that reasonably appears 
to us to have merit is made by a third party, including but not 
limited to, someone claiming ownership of the Work. Upon 
notice of our election to rescind the sale under this Clause 12, you 
will promptly return the Work to us and we will then refund the 
Purchase Price paid to you. The refund of the Purchase Price will 
constitute your sole remedy and recourse against us with respect 
to rescission under this Clause 12. 





The copyright subsisting in all images and other materials 
produced for the sale of the Work is owned by us and such images 
and materials may only be used with our permission. We will have 
the right to use such images in our own discretion after the sale of 
the Work. For the avoidance of doubt, this sale does not transfer 
or assign or licence any copyright or other intellectual property 
rights to you. During the period in which the Work is protected 
by copyright, the copyright remains with the artist (or any person 
to whom that right has been assigned). You are purchasing the 
Work, but not the right to produce copies of the Work (including 
photographs thereof) for publication or do any other act restricted 
by copyright. If you require such rights, you should contact the 
copyright owner. 



Any notice to be given to us or that we must give to you in 
connection with the sale of the Work must be in writing and sent 
by post, or delivered by hand, to our address on our invoice or to 
your last known address as notified to us by you as the case may 
be and shall be deemed delivered on delivery if by hand or on the 
third day after posting if posted. 


15.1. This Clause applies only where the sale of the Work is to an 
individual acting for purposes which are wholly or mainly outside 
that individual's trade, business, craft or profession (the 
15.2. It is not our standard policy to sell works of art exclusively by 
electronic mail or other methods of distance communication. 
However, if under the Consumer Contracts (Information, 
Cancellation and Additional Charges) Regulations 2013 (i) the 
contract of sale qualifies as an “off-premises contract” or a 
“distance contract” and (ii) you qualify as a Consumer, you have 
the right to cancel the sale without giving any reason at any time 
up to the end of fourteen (14) calendar days after you, or a third 
party (other than the carrier) instructed by you, receives the Work 
(the “Cancellation Period”). To exercise the right to cancel, you 
must notify us of your decision to cancel the sale by a clear 
statement (e.g., a letter sent by post or email), in either case before 
the Cancellation Period has expired. A model form cancellation is 
set out in Clause 15.3 below. In those circumstances, if you cancel 
the sale during the Cancellation Period, we will reimburse you the 
Purchase Price. We will make the reimbursement without undue 
delay, and no later than (i) fourteen (14) calendar days after the 
day we receive the Work from you; or (ii) (if earlier) fourteen (14) 
calendar days after the date you provide evidence that the Work 
has been shipped to us. We will make this reimbursement using 
the same means of payment as you used for the initial transaction. 
You shall send back the Work or hand deliver it to us at such 
address as we may specify for that purpose, without undue delay 



and in any event no later than fourteen (14) calendar days from 
the day on which you communicate the sale cancellation to us. 
You must bear the cost of returning the Work to us, including any 
import duties you or we may incur as a result of your return. You 
are only liable for any diminished value of the Work if your 
handling of the Work went beyond what is necessary to establish 
the nature and characteristics of the Work. If the Work is returned 
damaged, we will deduct from the sum we refund to you a 
reasonable amount to compensate us and/or the owner of the 
Work for the cost of repair and any loss in value to the Work 
resulting from such damage. If we invoice you that amount 
separately, our invoice is payable on presentation. 
15.3. Model form cancellation: 
15.4. Where you are buying the Work as a consumer and these Terms 
are deemed to be a consumer contract within the meaning of 
applicable consumer legislation, these Terms will not apply to the 
extent that they are void or unenforceable by virtue of such 



To: Richard Green (Fine Paintings) or Richard Green & 
Sons Ltd (as the case may be), 147 New Bond Street, 
London, W1S 2TS 

Phone: +44 20 7493 3939 

Email: your personal sales contact with 
paintings@richardgreen.com in copy 

Notice: I hereby give notice that I cancel my contract for 
the sale of the following goods ordered on/received on: 

Name of Consumer: 

Address of Consumer: 

Signature of Consumer (only if this form is notified on 




During your interactions with us, you may provide us with 
personal data about yourself (and possibly others) to facilitate 
business between us. Such data may include your name, address, 
date of birth, contact numbers, billing address and email 
addresses. Any such personal data may be used by us for the 
provision of our services (including as described under these 
Terms), billing and other administrative purposes. Such personal 
data may also be used by us to provide you with information about 
us and our services (including contacting you via email, telephone 
or post) and to help us understand your needs and objectives. If 
you wish to receive information about us and our services, please 
contact us at paintings@richardgreen.com. For more information 
about our collection, storage and use of your personal data, please 
see our Privacy Policy on our website. Our liability to you in 
respect of your personal data is subject to Clause 11 above. 


Notwithstanding Clause 17 above, we may, by giving written 
notice to you, elect to have any disputes arising out of, or in 
connection with, the sale and purchase of the Work referred to a 
single arbitrator in London to be resolved under the LCIA Rules, 
which Rules are deemed to be incorporated by reference into 
these Terms. The seat of such an arbitration will be London and 
the language to be used in the arbitral proceedings will be English. 
In the event that the parties cannot agree upon an arbitrator either 
party may apply to the LCIA Court for the time being to appoint 
as arbitrator a King's Counsel of not less than five (5) years’ 
standing. The decision of the arbitrator shall be final and binding, 
and enforceable in any Court having jurisdiction over you. 
17.2. 18.2. Save that the parties acknowledge each other's right to seek, 
and the power of the High Court or other appropriate courts to 
grant, interim relief without a need to post a bond or other 
security, no Court action shall be brought in relation to any claim 
or dispute until the arbitrator has made a final award. Any dispute 
concerning these Terms, as well as the Purchase Price, shall be 
kept confidential by you. 



These Terms and any non-contractual obligations arising from or 
in connection with them shall in all respects be construed and take 
effect in accordance with English law and both parties agree to 
submit to the exclusive jurisdiction of the English Courts subject 
always to Clause 18. 



18.1. This Agreement represents the entire Agreement between you 
and us. Please notify us in writing before signing this Agreement 
or purchasing the Work if this is not your understanding, 
otherwise the Terms of the Agreement will apply. Both parties 
agree that in entering into the Agreement neither party relies on, 
nor has any remedy in respect of, any statement, representation or 
warranty (a "Representation"), negligently or innocently made to 
any person (whether a party to this Agreement or not) including 
without limitation any Representation made prior to or at the 
same time as this Agreement is entered into, other than as 
expressly set out in this Agreement. The only remedy for breach 
of any Representation shall be for breach of contract under this 
18.2. Neither you nor we may assign this Agreement without the prior 
written consent of the other party except that we may assign this 
Agreement to a related legal entity without your prior consent. 
You shall not transfer any guarantees or commitments by us to 
you to any third party. 
18.3. Neither you nor we intend this Agreement to be enforceable by a 
third party pursuant to the Contracts (Rights of Third Parties) Act 
18.4. Neither you nor we shall be in breach of our respective obligations 
under this Agreement nor liable for a delay in performing, or 
failure to perform, any of our obligations under this Agreement 
other than the obligation to pay a sum of money if such delay or 
failure results from events, circumstances or causes beyond our 
reasonable control. If the period of delay or non-performance 
continues for three (3) months, the party not affected may 
terminate this Agreement by giving fourteen (14) days' written 
notice to the affected party without incurring any liability related 
to such termination. 
18.5. If any provision or part-provision of this Agreement is or 
becomes invalid, illegal or unenforceable, it shall be deemed 
deleted, but that shall not affect the validity and enforceability of 
the rest of this Agreement. If any provision or part-provision of 
this Agreement is deemed deleted under this Clause 19.5, you and 
we shall negotiate in good faith to agree a replacement provision 
that, to the greatest extent possible, achieves the intended 
commercial result of the original provision. 
18.6. All sales by us are subject to these Terms. If you wish to rely on 
any variation of these Terms, you must ensure that this has been 
agreed by us in writing. 



Effective 01 January 2023