Conditions of Sale

Conditions of Sale (Terms & Conditions)

The following Conditions of Sale (“Agreement”) define the relationship between Commodity, Inc dba Mimesis Gallery (“ Gallery” or “we” or “us”) and the buyer (“you” or the “buyer”) of the artwork (“Work” or “Artwork”). By making an offer on an artwork and or making a purchase on an artwork online through www.mimesisgallery.com, or directly through a Mimesis Gallery sales agent you agree to be bound by these Conditions of Sale as modified by any additional notices or terms updated at any time.

A. Artwork Availability & Descriptions

An invoice will hold an artwork for (3) business days. If payment is not received during that time the artwork will be released and can be sold to another party. Artworks are subject to availability and making an offer on an artwork does not ensure availability. Until invoiced, all prices are subject to change without prior notice and prices change frequently based on market conditions.

The Gallery makes every effort to ensure that all information listed regarding each artwork is correct and free of omissions, including but not limited to ( artwork name, size, date of production, medium, condition, provenance, color) but can not guarantee the accuracy of all information listed on the website (www.mimesisgallery.com), social media channels, or verbal and written (paper or electronic, including invoices) by members of staff. While we are careful in the cataloging process all dimensions included in property descriptions are approximate. We recommend viewing artworks in person to verify all information. 

Information provided in respect of any Artwork, including in the online descriptions and any condition report (where available) and whether written or oral is not a representation of fact but rather a statement of opinion held by the Gallery. Photographs, videos, and illustrations are for identification purposes only and cannot be used as precise indications of size or convey full information as to the condition or exact color of an artwork. We make every effort to display the colors of the artwork as accurately as possible but the colors you see will depend on the resolution of your monitor or of your mobile device. We cannot guarantee that your monitor's or your mobile device’s display of any color will accurately reflect the color of the item delivered. The Gallery will not be held responsible for differences between digital representations of and the physical artwork. It is the responsibility of any prospective Buyer to perform due diligence regarding artwork before making an offer or a purchase. Artworks are available for viewing before purchase in West Hollywood, CA or Los Angeles, CA. 

B. Condition

Artworks are sold “as is” and in the condition that they are at the time an offer or purchase is made. Prospective buyers acknowledge that Artworks are of an age and type which means that they are not in perfect condition. Online listings may list information regarding condition but such references do not amount to a full description of condition. The absence or reference to the condition of an Artwork on a website or through oral and written communication does not imply that the lot is free from faults or imperfections. Artworks (especially works on paper) begin to deteriorate with age and the Buyer acknowledges that an aging work of artwill not be bright white or completely free of all creases, prior framing tape, scratches, matt burn, or imperfections. All works are sold without a frame unless otherwise noted.

We make every effort to discuss all condition issues with prospective buyers but failure to request condition information is not a reasonable reason for return, refund, or exchange. All works are photographed before shipment and cataloged for at least 2 years. The Gallery will provide opinions on condition as a courtesy service to buyers but can not be held liable for errors, omissions, or differences in opinion regarding the condition of any Artwork. All Works are sold as-is and it is the responsibility of each buyer to make their own determinations regarding the condition of an Artwork. Photographs or videos of condition are given as a courtesy and the Gallery can not be held liable if a Buyer notices a difference after an artwork is purchased and delivered. Works are available for examination at our partner facility in Pasadena, CA or Los Angeles, CA prior to the completion of any sale.

C. Future Artwork Value

Gallery makes no claim or warranties to the future value or potential sale price of Artwork. The Buyer understands that popularity of artists and artworks as well as the market value of the Artwork can change at any time.

D. Sales Tax

Sales tax, use tax and excise and other taxes are payable in accordance with applicable law. The Gallery will collect California sales tax on all artworks that ship within California unless a valid dealer reseller certificate is provided. The Gallery may need to collect sales tax for sales in other states or territories as well in accordance to state or federal law.

The Gallery is not responsible for use tax, VAT, excise tax, or importation fees and charges in other states, territories, or countries.

E. Payment

Payments must be made by the invoiced party in US dollars by cashiers check, or wire transfer. We are unable to accept payments by any person or entity not listed as the invoiced party.

Wire Transfer & Bank Check

Please see your invoice for our bank details and check delivery address.

Please note: The Gallery is not responsible for monies wired or sent the wrong entity or bank account number (even in the event of email hacking or phishing). It is the responsibility of the buyer to call the Gallery registrar and verify wire and or bank account information over the phone before transferring funds. Please double check all payment and invoice email addresses for phishing and double verify all bank account information. Under no circumstances will artwork be released until full payment has cleared our bank accounts. 

F. Titles of Artwork

Title will not pass until Commodity, Inc has received the Purchase Price for the artwork in cleared funds.

G. Shipping & Returns

The Gallery will make every effort to ship the artwork within 10 business days of payment clearing. A delay in shipment is not a reason for a cancellation of sale. All artwork is shipped in a fine art crate or sandwich packed with wood and recyclable foam. 

All shipping prices include full coverage fine art insurance against damage, loss, or theft. All artworks are shipped with tracking numbers and a signature required. Artworks are guaranteed until signed for by the Buyer or a representative of the buyer at their location. Once an artwork is signed for we are not longer responsible (ie. my doorman signed for the artwork and then it went missing). Please note that waiving a signature requirement voids any warranty of delivery by Mimesis Gallery and we will not be held responsible for a lost, stolen or damaged package. All artwork and packaging is photographed before shipment to ensure and verify condition. You must notify the Gallery, in writing, of any damage to the packaging or artwork within 3 Business Days of the delivery date with high-resolution photographs of both the packaging and the artwork. The Gallery holds the right to personally or have a third party representative inspect the artwork or packaging. Do not throw the packaging away. If three business days (starting the day the artwork is received regardless of delivery time) passes before written communication is made, no further claims will be made and you agree to accept the artwork in the condition it was received. In the event that damage does occur during shipping we will arrange the artwork to be returned to the gallery within 7 business days and refund you the price of the artwork.

If we are not notified or the art is not returned within the above referenced period, the sale is deemed final and no returns of the Art will be accepted even if the Art has not been delivered or is missing.

H. Refunds

As all works of art are in unique condition we are unable to accept returns, refunds, or exchanges on any artworks. Once a deposit or payment has been received all sales are final.

If you would like to make a claim regarding an artwork not being materially as described, you must do so, in writing, within 3 business days (starting the day the artwork is delivered). Please note that if this time frame passes before written communication is made, no further claims can be made and you agree to accept the artwork in the condition it was received. If you are unhappy with your purchase we will do everything to make it right and under rare circumstances can apply your purchase price to a new artwork. Please note that we charge return packaging, shipping, and insurance as well as a 10% restocking fee as we have to reexamine the artwork for condition and authenticity.

 

I. Privacy

(a) You acknowledge and understand that we may process your personal data (including potentially special category data) in accordance with our privacy policy from time to time as published at www.mimesisgallery.com or available by emailing privacy@mimesisgallery.com.

(b) Our privacy policy sets out: (i) the types of personal data we will or may collect and process; (ii) the purposes for which we will or may process your personal data (including for example the private sale and related services; the performance and enforcement of these terms and conditions; the carrying out of identity and credit checks; keeping you informed about exhibitions and special events; and generally where reasonably necessary in the management and operation of our business); (iii) the lawful bases on which we rely in undertaking our processing of your personal data; (iv) your rights in respect of our processing of your personal data; and (v) various other information as required by applicable laws.

 

J. Limitation of Liability

(a) Subject to sub-paragraph (e) below, the maximum amount of any liability of Commodity, Inc DBA Mimesis Gallery, our affiliated companies and any consignor to the buyer in connection with the sale of an artwork shall be limited to the Purchase Price actually paid by the buyer for the artwork.

(b) Except as otherwise provided in this paragraph, none of Commodity, our affiliated companies or a consignor (i) is liable for any errors or omissions, whether orally or in writing, in information provided to prospective buyers by Commodity or any of our affiliated companies; or (ii) accepts responsibility to any Buyer in respect of acts or omissions, whether negligent or otherwise, by Commodity or any of our affiliated companies. (c) Subject to subparagraph (e) below, none of Commodity, our affiliated companies a consignor shall be liable to the buyer for any loss or damage beyond the refund of the Purchase Price referred to in subparagraph (a) above, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law.

K. General

(a) These Conditions of Sale are binding for all Buyers (once an offer, deposit, or purchase is made) and are not transferable by them to any other person, including their successors, assigns or representatives. Commodity may transfer its rights under this agreement to other companies.

(b) If any of these Conditions of Sale is found to be void, invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect. No failure or delay by any party to exercise any right or remedy under these Conditions of Sale of will act as a waiver or release of that right or remedy in whole or in part.

(c) All parties agree to keep this agreement as well as all terms and conditions of all business confidential (including artwork sales prices, availability, names, etc).

L. Law and Jurisdiction

(a) The rights and obligations of the parties with respect to these Conditions of Sale any matters arising out of or in connection will be governed by and interpreted in accordance with California law, excluding its conflicts of law rules.

(b) Commodity and all Buyers agree to the exclusive jurisdiction of the (i) state courts of Los Angeles County and (ii) the federal courts for the Southern District of California to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale apply.

Any disputes, claims, or questions can be direct to:

Commodity, Inc DBA: Mimesis Gallery 

1920 Hillhurst Ave, 116 

Los Angeles, CA 90027

Ph: 323-682-0858

Email: registrar@mimesisgallery.com

*Updated 9/22/24