Terms of Sale

Lacuna operates a marketplace on which independent artists and galleries (each a “Seller”) offer Artwork for sale to buyers (each a “Buyer”). Unless we expressly state that Lacuna is the seller of a particular item, the contract of sale is concluded directly between the Buyer and the Seller. Lacuna acts as the Seller’s commercial agent for the purposes of displaying the Artwork, concluding the sale and collecting payment.

Each listing describes the Artwork’s title, artist, medium, dimensions, year and condition as supplied by the Seller. We take care to display this information accurately, but minor variations in colour and texture may occur between an Artwork and its on-screen image.

• All prices are set by the Seller and are listed in US Dollars (USD, $).
• Prices shown in other currencies are indicative conversions for your convenience; the USD price is the price you pay unless stated otherwise at checkout.
• Unless stated, prices exclude shipping, insurance, import duties and applicable taxes, which are shown before you confirm your order.
• Each original Artwork is unique; once sold it is removed from sale. We are not obliged to fulfil an order where a listing contained an obvious pricing or description error.

When you submit an order through the checkout, you make an offer to purchase the Artwork on these terms. Your order is accepted, and a binding contract is formed, only when we send you an order confirmation by email. If we are unable to accept your order — for example because the Artwork is no longer available or cannot be authenticated — we will tell you and will not charge you, or will refund any amount already taken.

Payment is due in full at the time of order unless an alternative arrangement (such as a VIP instalment or escrow plan) is expressly offered and accepted. We accept the payment methods shown at checkout, which are processed by our third-party payment providers.

To protect Buyers and Sellers, Lacuna may hold funds in a designated account until the Artwork has been dispatched or delivery has been confirmed. You confirm that you are authorised to use the payment method you provide. We may carry out fraud, sanctions and identity checks before releasing high-value orders.

This section applies to Sellers. By listing Artwork you authorise Lacuna to deduct its commission and any agreed listing or processing fees from the sale proceeds before remittance.

• Commission is charged as a percentage of the final sale price, at the rate stated in your Seller agreement or dashboard.
• Remittance of the net proceeds is made to your registered account within the period stated in your Seller agreement, normally after the cancellation window has closed and delivery is confirmed.
• Chargebacks, refunds and unrecoverable shipping costs may be offset against amounts owed to you.

Each Seller warrants that they have good title to the Artwork, that it is authentic and correctly attributed, and that they are entitled to sell it free of any undisclosed lien or claim. Where a certificate of authenticity or provenance documentation exists, the Seller will provide it with the Artwork.

If an independent expert determines that an Artwork is not authentic or is materially mis-described, you may return it under section 9 for a full refund, and Lacuna will assist in resolving the matter with the Seller.

Artwork is shipped by the Seller or by a specialist fine-art carrier. Estimated dispatch and delivery times are shown on the listing and in your order confirmation; they are estimates and not guaranteed dates. Larger or fragile works may require crating and a bespoke delivery quotation, which we will confirm before dispatch.

• You must provide a complete and accurate delivery address. We are not responsible for delays or loss caused by incorrect address details.
• Where signature on delivery is required, the Artwork will only be released to an authorised recipient.
• Please inspect the packaging on arrival and report any visible damage to us within 48 hours, keeping all packaging for inspection.

Risk of loss or damage to the Artwork passes to the Buyer on delivery. Title to the Artwork passes to the Buyer only when full payment, including shipping and any applicable taxes, has been received. Until title passes, the Buyer must not resell, alter or encumber the Artwork.

We want you to be confident in your purchase. Subject to the conditions below, you may cancel an order and return an Artwork:

1. within 14 days of delivery, by notifying us of your decision to cancel; and
2. provided the Artwork is returned unused, undamaged and in its original packaging.

On receiving and inspecting the returned Artwork, we will refund the purchase price. Original and return shipping costs are non-refundable for a change-of-mind return, unless the Artwork was damaged in transit, not as described, or not authentic, in which case we refund the full amount including shipping.

You are responsible for any import duties, customs charges, VAT or other taxes that apply when an Artwork is delivered to your destination. These are not included in the listed price unless stated. Some Artwork may be subject to cultural-property or export-control rules; where these apply, dispatch may be delayed pending the necessary permits, and an order may be cancelled if a permit cannot be obtained.

Certain Artwork is offered through our VIP programme or by private treaty. Additional terms — such as confidentiality, viewing arrangements, reserves, deposits or instalment schedules — may apply and will be provided to you before the sale is concluded. Where those terms conflict with these Terms of Sale, the VIP or private-sale terms prevail for that transaction.

If an Artwork does not arrive, arrives damaged, or is materially different from its description, contact us within the timeframes above. We will work with you and the Seller to reach a fair resolution, which may include repair, replacement, partial refund or full refund. Where we hold the funds, we may withhold remittance to the Seller until the dispute is resolved.

Sellers must describe Artwork accurately and completely, honour the listed price, dispatch within the stated handling time using appropriate protective packaging, and respond promptly to Buyer and Lacuna enquiries. Sellers are responsible for ensuring their sales comply with all applicable laws, including consumer-protection, tax and export requirements.

Because the contract of sale is between Buyer and Seller, Lacuna’s liability in relation to the Artwork itself is limited to its role in facilitating the transaction. To the fullest extent permitted by law, our aggregate liability arising out of any single order will not exceed the purchase price of the Artwork in that order. Nothing in these Terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud.

These Terms of Sale are governed by the laws of England and Wales. Disputes are subject to the dispute-resolution process set out in our Terms of Use, without prejudice to any mandatory consumer rights available to you in your country of residence.

For order, delivery or refund enquiries:

• By email: orders@lacunaart.com
• Through the Help / FAQ centre
• From your account messages