Legal
These Conditions of Sale apply to all transactions concluded through Provocateur Gallery. By entering into a sale agreement with the Gallery, you acknowledge and accept these conditions. Individual sale agreements may include additional or modified terms, which will supersede these general conditions where they conflict.
Provocateur Gallery conducts all sales through a private inquiry process. There is no public shopping cart or checkout mechanism. All transactions begin with a formal inquiry, followed by private communication about the work, pricing, and terms.
The Gallery represents artists directly and also acts as a dealer for secondary market works. The Gallery's role as principal or agent in any transaction will be disclosed upon inquiry. In either case, these Conditions of Sale apply.
A sale is binding only when a written sale agreement has been fully executed by both the Gallery and the purchaser. No verbal representation, email exchange, or partial communication constitutes a binding commitment to sell.
The Gallery reserves the right to decline any proposed transaction at any stage prior to the execution of a written agreement, for any reason.
Once a written agreement is executed, all sales are final, subject to the limited exceptions described in the Returns section below.
Accepted payment methods and terms are specified in each individual sale agreement. The Gallery accepts wire transfer, certified funds, and other payment forms as agreed. Payment must be received in full before title passes to the purchaser.
For works of significant value, a deposit may be required to hold a work pending completion of payment. Deposit terms will be specified in the sale agreement. If the purchaser fails to complete payment within the agreed timeframe, the Gallery reserves the right to retain the deposit and offer the work to other interested parties.
All pricing is in US Dollars unless otherwise specified. The purchaser is responsible for any bank fees, currency conversion costs, or wire charges associated with payment.
Provocateur Gallery stands behind the authenticity of all works it represents:
If the purchaser has any doubt about authenticity prior to purchase, they are encouraged to request additional documentation and to engage an independent expert at their own expense before completing the transaction.
Post-sale authentication concerns should be raised promptly and in writing. The Gallery will cooperate fully with legitimate authentication inquiries.
Condition reports are available upon request for any work prior to purchase. The Gallery makes reasonable efforts to describe the condition of works accurately but is not liable for subjective condition assessments or condition issues that are not visible under normal viewing conditions.
Photographs provided are as accurate as commercially practical. Purchasers are encouraged to request additional images, including detail shots, installation views, or images under different lighting conditions, to supplement formal condition reports.
Condition information reflects the state of the work at the time of the report and does not account for subsequent handling, transport, or storage.
The Gallery offers assistance with arranging professional art shipping and installation. Shipping terms — including carrier selection, insurance, crating, and responsibility for costs — are negotiated on a per-transaction basis and specified in the sale agreement.
Unless otherwise agreed:
We strongly recommend that purchasers arrange fine art insurance coverage prior to shipment and maintain appropriate wall insurance after delivery.
The Gallery can provide referrals to professional art installers experienced with large-format works and complex hanging requirements. Installation services are arranged separately from the sale and are the responsibility and cost of the purchaser.
Specific installation guidance — including weight, hanging hardware requirements, and environmental conditions — is provided with each work where relevant.
All sales are final once a written sale agreement is executed. The Gallery does not accept returns or exchanges unless:
No returns will be accepted based on subjective changes in taste, market conditions, or financial circumstances of the purchaser.
In the event of a dispute about the condition or identity of a delivered work, the purchaser must notify the Gallery in writing within five (5) business days of delivery.
Title to a work passes to the purchaser only upon receipt of full payment. Until title passes, the work remains the property of the Gallery or the consigning party. Risk of loss or damage passes to the purchaser upon handover of the work to the purchaser or their designated agent (including shipper), regardless of whether title has yet passed.
Purchasers who intend to resell a work are encouraged to contact the Gallery. The Gallery maintains relationships with collectors and may be able to assist in private placement. Where applicable, Provocateur Gallery respects artist resale rights as required by applicable law.
Purchasers who resell works through auction or private sale should accurately represent provenance, including the Gallery as a former holder. Misrepresentation of provenance is a serious matter that affects the integrity of the market and the artist's legacy.
The Gallery sells to collectors internationally. International purchasers are responsible for understanding and complying with all import regulations, customs duties, taxes, and permits applicable in their jurisdiction. The Gallery will provide export documentation as required, but the purchaser bears full responsibility for import compliance.
Certain works may be subject to export restrictions based on their age, cultural significance, or country of origin. The Gallery will disclose any known restrictions at the time of inquiry.
Pricing is in US Dollars. International purchasers assume all currency exchange risk.
In the event of any dispute arising from a transaction, the parties agree to first attempt to resolve the matter through direct good-faith negotiation. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), with proceedings conducted in the United States.
These Conditions of Sale and any individual sale agreement shall be governed by and construed in accordance with the laws of the United States.
Nothing in these Conditions of Sale limits any statutory rights you may have as a consumer under applicable law.