Terms & Conditions
TERMS AND CONDITIONS OF DIRECT AND AUCTION SALES FOR THE CAMBRIDGE MOSQUE TRUST BY THE MUSLIM ACADEMIC TRUST.
FOR THE SALE COMMENCING ON THE 15TH NOVEMBER 2020 DIRECT SALE TERMS APPLY.
1. Terms of use
These terms and conditions (Terms), together with our Privacy Policy, govern transactions between the Muslim Academic Trust (MAT) and you (the Buyer) for the sale of Artworks on this Website. They are applicable to the sale of fixed-price Artworks on this Website and to the sale of Artworks by auction through this Website, as applicable. Please read these Terms carefully and make sure that you understand them before placing any orders, or entering any Bids for Artwork on this Website. Where terms are not defined in the "Definitions" section below, they are defined in the body of these Terms. Heading are for convenience only.
2. Definitions
Artwork means an artwork or item offered by MAT for sale either individually or collectively (as a single unit) through the Website, by auction or otherwise (i.e. by Direct Sales).
Bid means an authorised bid placed by a registered user of this Website to purchase an Artwork placed for auction by MAT on this Website
Buyer or You shall mean a person who is registered as a user to access the Website and buys or purports to buy an Artwork by placing a Bid on or by directly purchasing an Artwork via this Website.
The Cambridge Mosque Trust means the charitable project to build a mosque in Cambridge, England in support of which MAT offers the Services.
Description means all the details of an Artwork as set out in the Website and may include, without limitation, the name of the artist, designer or manufacturer, the title of the Artwork, and the following additional details:
the signature of the artist;
the date of the Artwork (if any);
the surface, medium and dimensions, year, provenance and any additional information related to the Artwork.
Direct Sales means any sale transaction entered into by a registered user of this Website, through the Website, for an Artwork that is not by way of an online auction organised by MAT.
Services means, without limitation, the services provided by MAT on this Website, including the display of Artworks for sale, communication of information to registered users about the Artworks and the Cambridge Mosque Project, the provision of auction services, and the provision of Artworks for direct purchase.
3. Information About Us
cambridgeislamicart.com is a website operated by MAT. We are registered in England and Wales under company number 1065784 and we have our registered office at 32 London Road, Cambridge, Cambridgeshire, CB22 7QH, UK.
To contact us, please see our Contact Us page at https://www.cambridgeislamicart.com/contact/.
Before you register with us, you must read and accept all of the terms and conditions in, and linked to, these Terms.
These Terms constitute a legally binding agreement between you and MAT. By accessing this Website, you agree to abide by all provisions prescribed in these Terms. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs and charges, plus all applicable taxes, for the purchases made by you.
You warrant that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to us immediately. MAT is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where MAT forms a reasonable view that any of the provided information may be inaccurate. However, such registration will be restored immediately on the prospective user furnishing information to our satisfaction.
We will only use your information in accordance with our Privacy Policy. For details, please see our Privacy Policy.
4. Accessing the Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Website without notice and without giving any reasons.
From time to time, we may restrict access to all or parts of our Website to registered users, without notice or liability to such users.
We will not be liable if for any reason our Website is unavailable at any time or for any period. We cannot guarantee continuous or secure access to our Services, and operation of our Website may be interfered with by numerous factors, some of which may be outside our control. We do not give any promises or warranties (whether express or implied) about the availability of the Services.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
By accessing this Website you represent and warrant that you are eighteen (18) years of age or above and are of the legal age in which to form legal transactions in the jurisdiction from which you are accessing this Website of the types envisaged by this Website (auction bidding and direct purchase of Artworks).
All invoices will be raised by MAT based on the registration information provided by you or registration information amended at the time of finalising a purchase and payments will be accepted only from you as a registered user. In the event that a payment is sent from another source, it may either be returned or could result in a delay in the processing of the order until we decide whether a variation from the registration details may be accepted.
5. Auction Bids
Auction Bids on our Website may only be accepted if the bidder registers for the Services.
By accessing this Website, you agree to keep yourself up to date, and to comply, with any instructions or notifications posted on the Website from time to time in relation to use of the Services.
All auctions will be conducted in pounds sterling (GBP). We are not responsible for the impact of any exchange rate fluctuations on the ultimate cost of the Artwork in your home, or other applicable, jurisdiction.
You are responsible for ensuring that you have sufficient funds to cover the cost of your bid in the relevant currency, and to make payment in accordance with the applicable payment method at the time that the funds are due.
By placing a bid for an Artwork displayed on this Website (a Bid) you agree that if you have placed the highest bid which is (where applicable) at or above any reserve price or minimum bid, you are making an offer to buy the Artwork from us which, once confirmed by us, constitutes a legally binding offer, subject to sub-clause 5.9 (our right to withdraw or terminate such agreement). You may not retract a Bid, once made, except where permitted under clause 15 (Returns).
Artworks made available for sale or placed on auction on the Website may not always be in the physical possession of MAT (and hence available for physical inspection) and may be physically located anywhere in the world. By placing a Bid, you acknowledge and agree that such Artwork may not be available for your physical inspection and that factors outside our control may delay or impede the Artwork's delivery to you in accordance with clause 14 (Force Majeure Event) or otherwise.
Certain Artworks will be subject to reserve prices which we are entitled to apply at our discretion, and which are subject to change without notice, during the course of the auction. If an auction subject to a reserve price ends and the reserve price (or amended reserve price) is not met by your ultimate Bid, you shall not be under any obligation to complete the proposed transaction.
By placing a Bid, you accept the Artwork's Description and agree to be bound by any applicable terms of sale for that Artwork as provided in such description.
We have full discretion, without liability, to refuse to accept your Bid or offer to buy an Artwork on our Website, or withdraw any Artwork for sale or auction lot, without notice or the obligation to provide reasons.
We reserve the right to cancel, terminate, or postpone an auction at any time without any liability to you.
If your Bid is successful, we will provide you with confirmation of acceptance, whereupon you will be required to make payment for the Artwork(s) in accordance with these Terms pursuant to the payment and delivery details and method stipulated in these Terms.
Our Website contains a large number of Artworks. It is possible that, despite our reasonable efforts, some of the Artworks on our Website may be incorrectly priced, or the wrong reserve price set. We will normally check prices as part of our delivery procedures. However, if we discover an error in the price of an Artwork that you have purported to purchase in a Direct Sale or auction, we will inform you in writing to give you the option to continue to purchase the Artwork at the correct price or to cancel your order or Bid. If we are unable to contact you using the contact details you provided at registration, we will treat the order or Bid as cancelled and will notify you in writing.
6. Condition of Artworks
Whilst we make a reasonable effort to inspect the condition of the Artworks placed for sale or auction on this Website, we are unable to carry out a detailed examination of the Artworks. By placing a Bid, or by entering into a Direct Sale, you waive your right to raise any query or complaint in relation to failure to inspect the Artwork, and may not withdraw from the Bid or your offer to purchase except as permitted under these Terms, by the additional terms and conditions of sale of the particular Artwork (if applicable), and by law. MAT does not accept any responsibility for the condition of the Artworks received except where they materially deviate from their Description.
MAT shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Artworks. In the event of such an error, MAT reserves the right to cancel your order by informing you in writing.
7. Condition Reports
MAT is not obligated to provide any physical preview of the Artworks, either before or after the sale or placement for auction. MAT is in no way liable for the condition of the Artworks. Condition reports are provided on request and are based on the information provided by the original supplier of the Artworks. In the event that MAT is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the Website, an email will be sent to you regarding the difference and MAT will await the Buyer's decision to proceed with the order.
8. Payment
Payment may only be made by debit or credit card or via PayPal.
Payment for Bids is due and owing on closure of the auction within [7] days of confirmation to the successful of the acceptance of the Bid.
Payment for Direct Sales can be made directly using the checkout link from the Website pursuant to the directions
The amount of any successful Bid or price of Artwork subject to Direct Sale will be inclusive of VAT (if any) but will be exclusive of the costs of delivery of the specific Artwork as provided and stipulated by MAT in relation to each specific sale by auction or Direct Sale (Delivery Costs), which you as Buyer shall be responsible for paying.
You are liable for any duties and taxes that might be applicable to any Artwork purchases including in relation to delivery or receipt of your item.
9. Charitable Contributions
Net profits of each sale by auction or Direct Sales shall be donated to The Cambridge Mosque Trust, after any applicable deductions are made for customs, tax, and/or regulatory requirements.
10. Title to Artworks
10.1 Title to any Artworks sold on the Website, whether by auction or by Direct Sale, shall remain with MAT, and shall only pass to the Buyer upon transfer of the total purchase price for such Artworks and confirmation of the same by MAT to the Buyer.
10.2 If you purport to purchase an Artwork and subsequently fail to make payment in full of its purchase price immediately, MAT shall be entitled to resell the Artwork(s) to another buyer without liability to you, and shall reserve the right to claim damages against you (if any) for any shortfall in price or any taxes or duties payable for storage/delivery and/or other charges.
11. Authenticity of Artworks
11.1 MAT accepts no liability for Artworks that are found, after their delivery, not to be authentic and makes no representations as to authenticity, or to the provenance or description of Artworks beyond that which is included in the Artworks' Description as to the Artworks. You must satisfy yourself as to the authenticity of the Artworks before committing to their purchase.
11.2 If we discover, prior to releasing an Artwork for delivery to a Buyer, that such work is subject to a prior claim or that it is not authentic, and such discovery cannot be attributed to MAT's fault or omission, we are entitled to cancel the transaction to the Buyer and cancel delivery of the Artwork without any liability to the Buyer except to refund any monies transferred in respect of such Artwork. In such case, the monies will be refunded to the Buyer within 30 days of termination of the transaction.
12. Delivery
12.1 The packaging/shipping partner (MAIL BOXES ETC) will arrange an estimated quote for the 'Pack & Collect' and Pack & Ship' options. Buyer must cover final cost(s). MAT shall not be liable for any delay in delivery of the Artwork, whether due to them or if caused by an event outside their reasonable control.
12.2 Delivery methods and charges (where applicable) vary depending on the location and nature of each Artwork, and contact details for the deliver company ‘MAIL BOXES ETC’: www.mbe.co.uk/cambridge are also specified on the Website.
12.3 Where Artworks are sold on a collection only basis, the Artwork must be collected within 14 days of the conclusion of the auction (the Collection Deadline) or the transaction for sale, whichever is the later, and will only be released on evidence of receipt of payment.
12.4 Subject to clause 13, Artwork that is not collected within a reasonable time, following a written reminder to collect that is issued by MAT, after the expiry of 14 days after the Collection Deadline may be resold or returned to the supplier, without liability to the Buyer.
13. Storage of Artworks for Collection
13.1 MAT is not responsible for storage of Artworks that are not collected within a reasonable time following the Collection Deadline (or agreed collection date, as the case may be), and shall be entitled to resell such Artworks to another buyer and to reclaim or set off any storage or other costs incurred by reason of the Buyer's failure to collect following such reasonable time.
13.2 In accordance with the transfer of title, the Buyer takes the risk of any loss or damage occurring to the Artwork during delivery, for which MAT shall not have any liability. Insurance of the Artworks lies with the Buyer.
14. Force Majeure Event
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms that is caused by events outside our reasonable control (Force Majeure Event). Please read this sub-clause in conjuction with sub-clause 5.6 of these Terms.
14.2 Our performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
15. Returns
15.1 You are responsible for inspecting any Artworks at the time of Delivery to ensure that they match the Artworks described on the Website.
15.2 You may only return an Artwork if it materially deviates from the Description of the Artwork on our Website, which MAT shall in its sole discretion determine.
15.3 Where an Artwork is returned to us in accordance with these Terms, it must be returned directly to us within [28] days of delivery or collection. Artworks are returned at your own cost and risk.
15.4 You acknowledge that there is no other right to return or cancel the purchase of Artworks that you have committed to purchasing under these Terms and that the Consumer Protection (Distance Selling) Regulations 2000 or any similar rules in the UK or in the country where you as buyer reside do not apply to these Services.
16. Intellectual Property Rights
16.1 MAT is the owner of all intellectual property rights in the Website, and in the material published on it. Intellectual property in the Artworks protected under law by copyright may be used by MAT in promotional material for the auctions and sales only, and may not be used by you for any purposes not permitted by applicable copyright rules and regulations. By accessing content on this Website you agree to respect all such rules and regulations.
16.2 You may copy and/or download extracts of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website, but may not use the content of the Website in any other way and/or for any commercial use whatsoever without obtaining prior written authorisation by MAT or our licensors to do so.
16.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
16.4 Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
16.5 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
16.6 No warranty or representation is made by MAT that the images used of the Artworks on this Website do not violate copyright under domestic law or international conventions, and liability in this regard rests solely with the authors of the Artworks.
17. Applicable Law, Jurisdiction and Reliance on Information Posted
17.1 These Terms are exclusively governed by the laws of England and Wales. The English courts have exclusive jurisdiction to determine any claim arising out of or in relation to these Terms and any claim in connection with any purchase made by you through this Website. To the extent any clause or provision or parts thereof in these Terms is found invalid, the remaining clauses shall remain valid and enforceable.
17.2 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
17.3 As a consumer, you have legal rights in relation to products that are faulty or do not conform to description. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Your statutory rights are not affected by these Terms.