Terms and Conditions

These Terms and Conditions (“T&C”) apply to all transactions between Trianon Arts D.O.O. (hereinafter referred to as “TA”) and the Buyer, unless otherwise agreed in writing.

1. Items Sold

1.1 TA agrees to sell, and the Buyer agrees to purchase, the item(s) as specified in the Agreement of Sale (the “Agreement”).
1.2 Item dimensions (“Dims.”) refer to the dimensions of the item in centimeters (cm), excluding any frame or other accessories.

2. Payment Terms

2.1 Method of Payment

  • Payments for purchases up to €5,000 (excluding commission) may be made by credit card. The Buyer is responsible for ensuring successful payment and for bearing any applicable credit card fees.
  • Payments exceeding €5,000 must be made via bank transfer to TA’s designated account.
  • Payment methods must be agreed upon via email before completing the transaction. Any deviation must be approved in writing by TA.

2.2 Payment Deadline

  • Payment must be made in full within fourteen (14) days of signing the Agreement.

2.3 Transfer of Ownership

  • Ownership of the item(s) transfers to the Buyer only after full payment is received by TA.

3. Returns and Refunds

3.1 Eligibility for Returns

  • Returns will be accepted within forty-five (45) days of the purchase date if an expert, mutually agreed upon via email, provides a definitive written opinion that an item is not as attributed. No refunds will be issued after the forty-five (45) day period.

3.2 Choice of Expert

  • The expert must be a recognized authority (e.g., scholar, curator, or institution) not associated with any auction house. Rejection by another auction house does not qualify for a refund.
  • If the Seller and Buyer cannot agree on an expert, TA will propose three (3) experts from which the Buyer must select one within five (5) business days. Failure to do so grants TA the right to appoint one expert.

3.3 Costs of Return

  • The Buyer shall bear all costs associated with the return, including transportation, insurance, customs, and expert fees.

3.4 Refund Policy

  • If the expert validates the claim, TA will refund the purchase price within thirty (30) days of receiving the returned item(s) in original condition.
  • Refunds may be split into multiple transactions at TA’s discretion, with the total deadline set at ninety (90) days, extendable up to one hundred eighty (180) days upon notice.

3.5 Non-Refundable Costs

  • Shipping, taxes, insurance, and additional charges are non-refundable.

3.6 Waiver of Future Claims

  • Upon refund completion, the Buyer waives all future claims against TA regarding the returned item(s).

4. Condition of Sale

4.1 As-Is Sale

  • All items are sold “as is” without guarantees regarding authenticity, provenance, or condition.

4.2 Disclaimer of Warranties

  • TA disclaims all warranties, including merchantability or fitness for a particular purpose.

4.3 Limitation of Liability

  • TA’s liability is limited to the total purchase price of the item(s). TA shall not be liable for indirect or consequential damages.

4.4 Inspection and Acceptance

  • The Buyer acknowledges they had the opportunity to inspect the item(s) and accepts them in their current condition.

5. Shipping and Storage

5.1 Shipping Responsibility

  • The Buyer is responsible for arranging the collection and delivery of the item(s) from the specified Location. TA bears no liability once items are handed over to the Buyer or their representative.

5.2 Shipping Deadline

  • Shipping arrangements must be made within thirty (30) days of full payment.

5.3 Storage Policy

  • If items are not collected or shipped within thirty (30) days, TA reserves the right to store them at the original or another location at its discretion.
  • Storage fees of €40 per week per item will apply. An invoice will be issued for these fees, which must be paid in full before release. Partial payments are not accepted unless approved in writing.
  • If storage fees exceed €1,040 or items remain in storage for over twelve (12) months, TA may consider them abandoned and apply clause 5.4.

5.4 Abandonment

  • If items remain uncollected for six (6) months, TA may declare them abandoned without refund. Prior to this, TA will notify the Buyer via email or certified mail, allowing an additional thirty (30) days for collection.

5.5 Assistance with Shipping

  • Upon request, TA may assist with shipping arrangements, including providing documentation or recommendations. This is offered as a courtesy and does not transfer liability to TA for any shipping issues.

5.6 Import/Export Compliance

  • The Buyer is solely responsible for complying with import/export laws. TA bears no liability for delays, legal issues, or additional costs arising from non-compliance.

6. Force Majeure

Neither party is liable for delays or failure to perform due to unforeseen circumstances beyond their control, including natural disasters, war, or government restrictions. In such cases, the affected party must notify the other within five (5) business days and make efforts to resume performance. Delays exceeding ninety (90) days may result in contract termination.

7. Dispute Resolution

7.1 Mutual Resolution

  • Parties agree to resolve disputes amicably through discussion.

7.2 Arbitration

  • Disputes not resolved amicably shall be referred to arbitration in Montenegro under ICC rules. Proceedings will be conducted in English, and decisions are final and binding. Each party bears its own costs unless determined otherwise by the arbitrator(s).

8. Final Agreement

These T&C constitute the entire agreement between TA and the Buyer, superseding all prior agreements. Any amendments must be agreed upon in writing.