Terms and Conditions

1. ABOUT US

1.1. We are Gerard Byrne Studio, an art gallery and commercial studio located at 15 Chelmsford Road, Ranelagh, Dublin 6, D06 DE68, Ireland.
1.2. We may assign, subcontract, or encumber any of our rights under these Terms, in whole or in part.
1.3. If you have any questions about these terms and conditions (the “Terms”), please contact us by emailing hello@gerardbyrneartist.com.

2. Purpose and Effect

2.1. These Terms constitute the entire agreement and understanding between you and us (the “Agreement”) in relation to the sale and purchase of the artwork(s) identified on the invoice (the “Invoice”) issued by us to you in respect of such artwork(s) (the “Work”) for the price stated on such invoice (the “Price”).
2.2. You agree to sign and return an acknowledgement of sale and purchase (the “Acknowledgement”) to Gerard Byrne Studio. Acceptance of these Terms may also be indicated as outlined in clause 2.4.
2.3. No variation or amendment of these Terms shall be effective unless agreed in writing by Gerard Byrne Studio.
2.4. Acceptance of the Terms may be demonstrated by:
(a) signing the Acknowledgement;
(b) full or partial payment of the Price;
(c) your signature on the Invoice;
(d) your signature on the delivery note; or
(e) any words or conduct demonstrating acceptance of our offer to sell.
2.5. Except as per clause 2.6, no Agreement may be cancelled once made. You will indemnify us against all losses or expenses arising from breach of the Agreement by you.
2.6. If the sale qualifies as a "distance sale" under Irish or EU consumer law, you may be entitled to a 14-day cancellation period in accordance with European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.

3. Statements About the Work

3.1. While we strive to ensure accuracy in online and physical presentations of the Work, Gerard Byrne Studio makes no warranty as to accuracy or completeness of such information.
3.2. We will share known information about the Work’s condition upon request but are not liable for deterioration after sale.

4. Payment of the Price

4.1. Full payment of the Price (including any applicable VAT, delivery, insurance, or other charges) must be made within 14 days of the Invoice date unless otherwise agreed.
4.2. Payment is considered received when cleared. Late payments are subject to interest at 2.5% per annum above AIB Bank base rate.
4.3. Payments may be made by credit card (Visa, Mastercard, American Express). AMEX transactions over €10,000 are subject to a 3% surcharge.
4.4. You may not withhold payment due to disputes or set-offs.
4.5. Payment plans are available; the Work will not be delivered until full payment is received.
4.6. We may collaborate with third-party lenders (e.g., Art Money) for payment options.
4.7. We comply with Irish Anti-Money Laundering legislation and may require identity verification for transactions over €10,000. We reserve the right to refuse transactions at our sole discretion.

5. Commission to Third Parties

5.1. We may pay commission to third parties who facilitate the sale.

6. Delivery and Risk

6.1. The Work will be delivered upon full payment in cleared funds.
6.2. Delivery is to the agreed address unless collection is arranged. Delivery costs are your responsibility unless agreed otherwise.
6.3. Responsibility and risk pass to you at the agreed delivery time.
6.4. We may arrange transport insurance at your request and cost but are not liable for damage during transit.
6.5. If you fail to accept delivery, additional costs may apply, and risk passes to you.
6.6. Delivery dates are approximate. Time is not of the essence.

7. Title and Resale

7.1. Full legal title to the Work passes only upon full payment and identity verification.
7.2. To support the integrity of Gerard Byrne's market, Primary Market Artworks may not be resold within 3 years of purchase without our written consent.
7.3. If resold within 3 years with our written consent, 50% of the profit over the original Price must be paid to us as the "Subsequent Sale Artist’s Share."
7.4. Notice of intended resale must be emailed to hello@gerardbyrneartist.com. We will respond within 30 days to discuss buyback terms.

8. Export, Charges, and Taxes

8.1. We will use reasonable efforts to facilitate export, but the sale is not conditional on export permissions.
8.2. Both parties agree to comply with applicable tax, export, and import regulations.
8.3. You will reimburse us for taxes or penalties arising from non-compliance with these regulations.
8.4. VAT will be charged if the Work is not exported.
8.5. You are responsible for any applicable taxes in the destination country.

9. Limitation of Liability

9.1. We are not liable for indirect losses or damages. Our total liability is capped at the Price paid, except in cases of:
(a) death or injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
9.2. No warranties or representations are given beyond these Terms.

10. Copyright

10.1. All sales materials, including images, remain our intellectual property.
10.2. Sale of the Work does not confer copyright. Reproduction rights must be separately negotiated.

11. Privacy

We adhere to our privacy policy, available at https://www.gerardbyrneartist.com/privacy-policy.

12. Notices

Notices must be in writing and sent to hello@gerardbyrneartist.com or by post to Gerard Byrne Studio, 15 Chelmsford Road, Ranelagh, Dublin 6, Ireland.

13. Events Beyond Our Control

We are not liable for delays or breaches due to events beyond our control, including natural disasters, war, strikes, or pandemics.

14. Assignment

You may not assign rights under this Agreement without our written consent. Our obligations are not transferable to future buyers.

15. Consumer Protection

Nothing in these Terms excludes any rights you may have under Irish or EU consumer protection laws.

16. Third Parties

These Terms are not intended to confer rights on any third parties.

17. Variation

We reserve the right to update these Terms periodically. The current version will always be available on our website.

18. Entire Agreement

These Terms constitute the full agreement and supersede all prior discussions or representations.

19. Waiver

No delay or failure in exercising rights under these Terms shall be a waiver.

20. Severance

If any provision is found unenforceable, the remaining provisions shall remain in effect.

21. Disputes

We aim to resolve disputes efficiently. If unresolved, alternative dispute resolution (ADR) may be used.

22. Law and Jurisdiction

These Terms shall be governed by the laws of Ireland, and disputes shall be subject to the exclusive jurisdiction of the Irish courts.

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