DELIVERY AND RETURNS
Last updated: September 2026
a) Works and Items Covered
b) Work- or Item-Specific Information
c) Relationship to the Terms and Conditions
2 – WORK INFORMATION AND AVAILABILITY
a) Images, Descriptions and Specifications
b) Condition and Characteristics of Historical Works
c) Contemporary Works
d) Commissioned Works
e) Reproductions
f) Inventory Commitment
g) Documentation Accompanying the Work
a) Shipping Costs
b) Shipping Methods
c) Preparation, Dispatch and Timeframes
d) Collection at Origin
e) Multiple Shipments and Partial Deliveries
f) Collection by the Buyer
g) Changes Requested by the Buyer
4 – PACKAGING, HANDLING AND SECURITY
a) Packaging Responsibility and Standards
b) Special Packaging, Handling and Transport Requirements
c) Special Unpacking Requirements
d) Security and Discretion
5 – DELIVERY, ACCESS AND INSTALLATION
a) Delivery Appointment and Address
b) Identification, Signature and Authorised Recipients
c) Access Requirements
d) Standard Delivery
e) Specialist Installation and On-Site Services
6 – INTERNATIONAL SHIPPING AND REGULATORY REQUIREMENTS
a) Export Licences and Cultural Property
b) Customs and Import Formalities
c) Restricted and Protected Materials
d) Duties, Taxes and Other Charges
e) Buyer Documentation and Cooperation
f) Regulatory Restrictions and Unavailable Destinations
7 – INSURANCE AND RISK DURING TRANSPORT
a) Transport Insurance
b) Transfer of Risk
c) Carriers Appointed by the Buyer
8 – RECEIPT, INSPECTION AND INCIDENTS
a) Completion and Evidence of Delivery
b) Initial Inspection Period
c) Visible Damage and Latent Defects
d) Loss, Incorrect Delivery or Incomplete Delivery
e) Preservation of Packaging and Evidence
f) Changes in Condition and Non-Conformity
g) Claims Procedure
9 – RETURNS AND RIGHT OF WITHDRAWAL
a) Statutory Right of Withdrawal and Applicable Exceptions
b) Commissioned, Bespoke and Personalised Works
c) Return Procedure, Transport and Costs
d) Packaging and Condition of Returned Works or Items
e) Inspection and Refunds
10 – FAILED DELIVERY, STORAGE AND REDELIVERY
a) Failed Delivery and Notification
b) Second Delivery Attempt
c) Deferred Delivery and Storage
d) Additional Costs
e) Cancellation, Termination and Uncollected Works or Items
11 – DELAYS AND LOGISTICAL DISRUPTIONS
a) Carrier and Supply Chain Delays
b) Customs, Administrative or Licensing Delays
c) Other Delivery Incidents
d) Alternative Delivery Arrangements
12 – CONTACT AND ADDITIONAL CONDITIONS
a) Contact
b) Additional Conditions
1 – SCOPE
a) Works and Items Covered
This Delivery and Returns Policy sets out the general terms applicable to the preparation, dispatch, transport, delivery, receipt, inspection and, where applicable, return and installation of works and items acquired through Monterone Art or whose delivery is arranged or coordinated by Monterone Art.
This Policy applies, as appropriate, to historical works of art, contemporary works, commissioned works and reproductions, as well as to any frames, bases, supports, ancillary elements and documentation forming part of the transaction or accompanying the relevant work or item.
Delivery arrangements may be adapted to the nature and characteristics of each work or item, having regard, among other factors, to its dimensions, weight, materials, condition, value, fragility, location, destination and applicable regulatory requirements.
b) Work- or Item-Specific Information
The specific terms applicable to each work or item may be set out in its individual listing, during the acquisition process, in the transaction documentation, in the relevant confirmation or by email.
Such terms may address, among other matters, shipping costs and arrangements, preparation and delivery times, any special requirements relating to packaging, handling, unpacking or installation, associated documentation, and any applicable territorial, customs, administrative or regulatory restrictions.
Where a work or item requires specific terms that differ from those generally provided for in this Policy, the terms expressly communicated and, where applicable, agreed in relation to that transaction shall prevail in respect of the matters specifically governed by them, without prejudice to any mandatory provisions of applicable law or rights that may apply.
c) Relationship to the Terms and Conditions
This Policy supplements Monterone Art’s Terms and Conditions and shall be interpreted together with them and, where applicable, with any specific terms applicable to each transaction.
The Terms and Conditions govern contractual matters falling outside the specific scope of the delivery, transport, receipt and return of works and items.
In the event of any conflict between this Policy and any specific terms expressly agreed for a particular transaction, those specific terms shall prevail in respect of the matters specifically governed by them, without prejudice to any applicable mandatory provisions of law.
2 – WORK INFORMATION AND AVAILABILITY
a) Images, Descriptions and Specifications
The images, descriptions and specifications provided by Monterone Art shall provide a reasonably accurate representation of the essential characteristics of each work or item and shall enable the work or item forming the subject of the transaction to be properly identified.
Unless expressly stated otherwise, images of original and historical works of art shall depict the work actually offered. Lifestyle photographs, digital compositions, scale simulations and other contextual images are provided for illustrative purposes only and shall not constitute an exact representation of the dimensions, proportions, lighting or appearance of the work within any particular setting.
The dimensions, materials, technique, support, finishes, frame, base, mounting and any other relevant characteristics shall be as stated in the relevant listing or documentation. Where a frame, base, support or other element is shown as forming an integral part of the work or is expressly stated to be included, it shall be deemed to form part of the transaction.
Differences arising solely from screen settings, lighting conditions, photographic reproduction or other similar technical circumstances shall not, in themselves, constitute a lack of conformity. This shall not affect any rights that may apply where there is a material discrepancy between the work or item received and the characteristics expressly communicated.
b) Condition and Characteristics of Historical Works
Historical works may show signs of age and use, previous restorations or interventions, alterations to materials, and other characteristics arising from their nature, age and conservation history.
Monterone Art shall provide reasonable information regarding any relevant known circumstances and shall provide condition reports where available or appropriate having regard to the nature, age, value, condition or characteristics of the work.
Images, descriptions and, where available, condition reports shall be considered together. Photographs alone shall not constitute a substitute for a specific assessment of the work’s condition, nor shall characteristics consistent with the age, technique, materials or conservation history of a work necessarily constitute damage or a lack of conformity.
If, prior to dispatch, there is any material change in the condition of a work, Monterone Art shall suspend dispatch, document the relevant circumstances and inform the buyer before proceeding with the transaction.
c) Contemporary Works
Contemporary works shall be offered with the relevant information regarding authorship, title, date, technique, dimensions, edition where applicable, and any other relevant characteristics.
Monterone Art shall coordinate with the relevant artist, representative, owner, custodian or third party any steps necessary to ensure the availability, preparation and delivery of the work. The physical location of the work prior to dispatch shall not, in itself, limit the obligations assumed by Monterone Art towards the buyer.
Where a contemporary work requires preparation, conditioning, framing, mounting, specialised packaging or other steps prior to dispatch, such circumstances may be reflected in the applicable delivery times and delivery terms.
d) Commissioned Works
Commissioned works shall be executed in accordance with the specifications and characteristics agreed for each transaction, on the terms set out in the relevant documentation and in the Terms and Conditions.
Once the work has been completed and is ready to enter the logistics process, Monterone Art shall notify the buyer by email.
Variations inherent in the artistic process, manual execution or the materials used shall not, in themselves, constitute a lack of conformity where they are consistent with the agreed specifications and the nature of the commissioned work.
e) Reproductions
Reproductions shall be supplied in accordance with the characteristics, format, dimensions, materials, finishes and other options stated in the relevant listing or selected for the transaction.
Printing, casting, finishing, mounting, manufacturing or preparation processes may result in minor reasonable variations in colour, texture, surface, dimensions or finish that do not materially alter the appearance, quality or essential characteristics of the item.
Where the buyer considers that there is a material discrepancy from the agreed specifications, Monterone Art may request photographs accurately showing the condition of the item, images of the packaging and any other information reasonably necessary to assess the issue, without prejudice to any applicable rights.
f) Inventory Commitment
The availability indicated by Monterone Art shall reasonably reflect the actual availability of the works and items offered and shall be kept up to date.
Works identified as available shall be capable of being reserved, acquired and subsequently delivered in accordance with the applicable terms. Monterone Art shall coordinate with artists, owners, custodians and any other third parties involved in the transaction the measures necessary to preserve and update such availability.
Once a transaction has been formalised, Monterone Art shall take the measures reasonably necessary to secure the reservation of the relevant work or item.
If, exceptionally, a work or item ceases to be available and the transaction cannot be completed, Monterone Art shall inform the buyer without undue delay. Unless the parties agree on an alternative solution, the affected transaction shall be cancelled and any amounts paid in respect of that transaction shall be refunded.
g) Documentation Accompanying the Work
Every original work shall be accompanied by technical or documentary information issued by Monterone Art sufficient to identify it properly and setting out, as applicable, its image, authorship or attribution, title or description, date or period, technique, materials, dimensions, internal reference and any other relevant details.
Historical works shall also be accompanied by a valuation issued by Monterone Art as supplementary documentation relating to the transaction. Such valuation shall have the scope specified in the document itself and shall not replace a valuation specifically prepared for tax, insurance, judicial, financial, collateral or other purposes requiring a particular assessment.
Contemporary works shall be accompanied by the relevant technical documentation and a certificate of authenticity. Commissioned works shall be accompanied by the final technical documentation and, where applicable, the relevant certificate.
Where original documents, certificates, archives, letters, photographs, reports or other documentary materials of particular relevance exist, they shall, as a general rule, be dispatched separately using a secure and trackable delivery method, with reasonable efforts being made to coordinate their receipt with that of the work and to keep both deliveries as close together in time as practicable.
The buyer may expressly request that such documentation be dispatched together with the work where this is legally, materially and operationally appropriate and compatible with applicable security, conservation and transport requirements.
Where the work and its documentation are received at different times and it is necessary to examine them together, the applicable operational inspection period for that purpose shall commence upon receipt of the later of the two deliveries, without affecting any mandatory time limits or rights established by applicable law.
3 – SHIPPING
a) Shipping Costs
Unless expressly stated otherwise before the transaction is formalised, the costs of shipping arranged or coordinated by Monterone Art shall be deemed to be included in the price.
Where the characteristics of a work or item or the particular requirements of its destination necessitate special logistical arrangements whose cost is not included, such cost shall be communicated to the buyer before the transaction is formalised.
Any changes, additional services or new instructions requested subsequently by the buyer may give rise to additional costs where they involve a modification of the logistical arrangements initially contemplated. Any such costs shall be communicated before the relevant modification is carried out.
b) Shipping Methods
Monterone Art shall select the appropriate shipping method having regard to the nature, dimensions, weight, value, fragility, condition, destination and any other relevant characteristics of the work or item.
Shipping may be carried out by specialist operators, dedicated services or other logistical solutions appropriate to the characteristics of the transaction. Where necessary, specific requirements may be established in relation to packaging, handling, transport, security, delivery or installation.
Where the buyer requests the use of a carrier other than those proposed or designated by Monterone Art, the provisions applicable to carriers designated by the buyer shall apply.
c) Preparation, Dispatch and Timeframes
The timeframe applicable to each transaction may comprise a preparation period prior to dispatch and the time required for transport to the place of delivery.
Depending on the characteristics of the work or item, preparation may include preliminary checks, conditioning, framing, mounting, packaging, preparation of documentation, administrative formalities, coordination with third parties or any other steps necessary for its proper dispatch.
The applicable timeframes shall be those stated in the relevant listing, during the acquisition process, in the transaction confirmation or by email. Unless expressly stated otherwise, such timeframes shall be estimates and may be affected by the circumstances provided for in this Policy, without prejudice to any mandatory time limits that may apply.
Where the anticipated timeframe exceeds any statutory default period that may apply, this shall have been communicated and, where required, agreed before the transaction is formalised.
Where delivery by a particular date is essential to the buyer, the buyer shall communicate this before the transaction is formalised so that Monterone Art may expressly confirm whether it is able to assume such commitment.
d) Collection at Origin
Where a work or item is located in the artist’s studio, in the possession of its owner, in storage, at a depository or exhibition space, or otherwise in the custody of a third party, Monterone Art shall coordinate the steps necessary for its availability, identification, collection, conditioning and integration into the logistics process.
The location of the work or item prior to collection shall not transfer to the buyer responsibility for managing any relationships or arrangements required with the artist, owner, custodian or other third party in possession of it.
e) Multiple Shipments and Partial Deliveries
Monterone Art may arrange a transaction through multiple shipments or partial deliveries where this is appropriate or necessary for logistical, security, conservation, availability, documentation or dimensional reasons, having regard to the nature of the works or items concerned or to other justified requirements of the transaction.
The use of multiple shipments at Monterone Art’s discretion shall not, in itself, give rise to any additional costs for the buyer.
Additional costs may arise where the division or modification of a shipment results from a subsequent request by the buyer, a change in instructions or additional services expressly requested by the buyer, provided that such costs are communicated before the relevant modification is carried out.
Each shipment may have its own transport documentation, tracking information, insurance and proof of delivery.
f) Collection by the Buyer
Where collection of a work or item by the buyer has been agreed, collection shall take place by prior appointment and once Monterone Art has confirmed that the work or item is ready for collection.
The buyer shall provide proof of identity by means of a valid official identification document. A work or item may be released to a third party only where that person has been authorised in advance by the buyer by email and likewise provides proof of identity by means of a valid official identification document.
Monterone Art may verify the authorisation, identity and any other circumstances necessary before releasing the work or item.
The collection shall be documented in a manner that enables the identity of the person receiving the work or item and the time at which delivery takes place to be evidenced.
g) Changes Requested by the Buyer
The buyer may request changes to the destination, date, shipping method, carrier or other logistical instructions within forty-eight hours of the transaction being formalised and, in any event, before the work or item has been dispatched.
Requests must be made by email. Monterone Art will confirm whether the requested change can be incorporated into the shipping arrangements.
After that period, Monterone Art will make reasonable efforts to accommodate any requested changes before dispatch, but cannot guarantee that they will be possible or that they can be implemented without affecting the timeframes, logistical arrangements, insurance cover or costs initially contemplated.
Where a change requested by the buyer gives rise to additional costs or requires revised logistical arrangements, those costs will be communicated before the change is implemented.
Once the work or item has been dispatched, any further change will be subject to the operational possibilities of the transport arrangements, the terms of the insurance cover and the applicable security requirements.
4 – PACKAGING, HANDLING AND SECURITY
a) Packaging Responsibility and Standards
Where shipping is arranged or coordinated by Monterone Art, Monterone Art shall be responsible for preparing the work or item for transport or for requiring the person in possession of it — including artists, owners, custodians, workshops, storage facilities or specialist operators — to use packaging appropriate to its characteristics and to the anticipated transport conditions.
The packaging shall be determined having regard, among other factors, to the nature, dimensions, weight, value, fragility, materials, condition, destination, anticipated duration of transport and shipping method.
Where necessary, reinforced packaging, securing systems, protection against impact, vibration, moisture, temperature or other environmental factors, as well as crates, structures or other solutions specifically made for the work or item, may be used.
The fact that the packaging is physically carried out by a third party shall not relieve Monterone Art of its obligation to establish or require preparation conditions appropriate to the nature of the work or item and the transaction.
b) Special Packaging, Handling and Transport Requirements
Certain works or items may require special packaging, handling or transport arrangements due to their fragility, dimensions, weight, materials, condition, value, configuration or other relevant characteristics.
In such cases, Monterone Art may use specialist operators, dedicated transport, bespoke crates or structures, specific handling equipment, environmental controls where technically necessary, additional protective systems or other measures reasonably appropriate to preserve the integrity and security of the work.
Where a work must be transported partially dismantled, with separate components or using a specific logistical configuration, Monterone Art shall establish the necessary instructions for its identification, protection, transport and subsequent reassembly or installation, where applicable.
Any special arrangements that materially affect the cost, timeframe, access requirements or manner of delivery shall be communicated to the buyer in accordance with this Policy.
c) Special Unpacking Requirements
Where the nature of a work or item requires a specific unpacking procedure, the involvement of professionals or particular precautions, Monterone Art shall indicate this in the relevant listing or in the specific information communicated before the transaction is formalised.
The buyer shall comply with any unpacking instructions expressly communicated where these are necessary to avoid damage to the work or item, its components or any accompanying documentation.
Where professional unpacking is necessary for reasons of safety, conservation, dimensions, weight or technical characteristics, Monterone Art may coordinate such service on the terms previously communicated to the buyer.
In all other cases, professional assistance may be recommended where appropriate, without such recommendation, in itself, giving rise to any obligation to engage an additional service.
d) Security and Discretion
Monterone Art shall arrange shipments having regard not only to the material requirements of transport, but also to reasonable standards of security, traceability and discretion.
Information relating to the nature, value, provenance, destination, contents or recipient of a shipment shall, so far as reasonably practicable, be limited to those persons and operators whose involvement is necessary for the proper performance of the transport, insurance arrangements, compliance with legal obligations, customs controls or delivery management.
Where the characteristics, value or circumstances of the transaction so warrant, additional measures may be adopted in relation to security, tracking, custody, scheduling coordination or supplementary identity and delivery checks.
Monterone Art may omit or limit unnecessary external references to the contents of the shipment where this is compatible with applicable legal, customs, insurance and operational requirements.
5 – DELIVERY, ACCESS AND INSTALLATION
a) Delivery Appointment and Address
Deliveries shall be made by prior appointment or within a delivery window previously communicated to or agreed with the buyer.
The buyer shall provide a complete, accurate and suitable delivery address for receipt of the work or item, together with the contact details and any other information reasonably necessary to arrange delivery.
Where Monterone Art requests confirmation or provision of information necessary for delivery, the buyer shall have fourteen calendar days from such communication to provide it, unless another period has been expressly agreed. While the required information remains incomplete, Monterone Art may suspend dispatch or delivery.
Any subsequent change to the delivery address, date or other delivery instructions shall be subject to the provisions of this Policy governing changes requested by the buyer.
b) Identification, Signature and Authorised Recipients
Every delivery shall require the work or item to be received in person, the identification of the person receiving it and appropriate proof of delivery.
The recipient shall provide proof of identity by means of a valid official identification document and shall sign for or otherwise confirm receipt using the method employed to document the delivery. Sufficient evidence shall be retained of the identity of the person receiving the work or item and of the time at which delivery takes place.
Where the buyer wishes the work or item to be received by a third party, the buyer shall authorise that person in advance by email and identify the relevant person. The authorised third party shall likewise provide proof of identity by means of a valid official identification document before receiving the work or item.
Unattended deliveries shall not be permitted, nor shall works or items be left in designated safe places, outdoor areas, entrances, gardens, garages or other locations without personal receipt. Delivery to doormen, concierges, reception desks, office staff or other third parties shall only be permitted where they have been expressly authorised to receive the work or item and satisfy the applicable identification requirements.
Monterone Art may carry out such checks as are reasonably necessary to verify the identity and authorisation of the person who is to receive the work or item before authorising delivery.
c) Access Requirements
The buyer shall inform Monterone Art before delivery of any relevant circumstances that may affect access to the agreed delivery location, including any entry restrictions, limited dimensions of doors, lifts, stairways or passageways, load restrictions, access hours, building authorisations or any other conditions that may affect delivery.
Where, due to the dimensions, weight, fragility or characteristics of the work or item, it is necessary to verify the access conditions in advance, Monterone Art may request additional information, photographs, measurements or any other information reasonably necessary to arrange delivery safely.
If the actual access conditions differ materially from those communicated and this prevents or hinders the intended delivery, Monterone Art may suspend delivery and coordinate an alternative solution. Any additional costs arising from inaccurate or incomplete information provided by the buyer may be charged to the buyer where they have been communicated in advance and are reasonable.
d) Standard Delivery
Unless a different service has been expressly agreed, standard delivery shall comprise transport of the work or item to the entrance of the building, main access point or other accessible delivery point agreed in advance.
Standard delivery shall not, in itself, include access to interior spaces, unpacking, movement within the premises, positioning, hanging, anchoring, assembly or installation of the work or item.
Where the characteristics of the work, the premises or the transaction make a more comprehensive delivery service advisable, Monterone Art may coordinate additional services for interior access, handling, unpacking, positioning or installation on the terms previously communicated to and accepted by the buyer.
The buyer may arrange any steps required after delivery, including installation, independently, provided that this is compatible with the characteristics of the work and with any conservation, safety or handling instructions that have been communicated.
e) Specialist Installation and On-Site Services
Where a work or item requires or justifies specialised installation, assembly, anchoring, interior handling or other on-site services, Monterone Art may arrange for such services to be provided by suitable professionals or operators.
Where Monterone Art arranges specialised installation or another on-site service, it shall directly engage the professional or operator responsible for carrying it out.
Where reasonably practicable, Monterone Art shall provide the buyer with reasonable alternatives, specifying the scope and cost of each service. The option selected and its acceptance shall be confirmed by email.
Specialised installation or other on-site services shall be borne by the buyer unless their inclusion in the transaction price has been expressly stated.
The work shall not be moved, released for such intervention or made available to the installer until the corresponding costs have been paid, unless expressly agreed otherwise.
The scope of such services shall be limited to the work specifically agreed. Any additional intervention required as a result of the conditions of the premises, unforeseen technical requirements or subsequent instructions from the buyer shall require further confirmation before it is carried out.
6 – INTERNATIONAL SHIPPING AND REGULATORY REQUIREMENTS
a) Export Licences and Cultural Property
Where the export, transfer or international movement of a work or item is subject to a licence, authorisation, certificate, declaration or other formality relating to the protection of cultural property, Monterone Art shall determine the applicable requirements and, where legally appropriate and practicable, shall process or arrange the steps necessary to comply with them.
The need for authorisation may depend, among other factors, on the nature, age, authorship, provenance, value, classification, country of origin, country of export and destination of the work or item.
Where the transaction requires prior administrative authorisation, dispatch shall be conditional upon such authorisation being obtained. Formalisation of the transaction shall not imply that any authorisation whose grant is subject to a public authority will necessarily be obtained.
Where the costs arising from licences, certificates, reports, formalities or other specific steps are to be borne by the buyer, they shall be communicated before the transaction is formalised.
b) Customs and Import Formalities
International shipments may be subject to customs declarations, documentary or physical inspections, import or export procedures and other formalities required by the competent authorities.
Monterone Art shall prepare or coordinate, either directly or through the relevant operators, the shipping documentation necessary for the proper processing of the transaction.
The final admission of a work or item into the destination territory shall depend on the applicable law and on the decisions of the competent authorities. Where necessary, Monterone Art may request additional information or documentation from the buyer in order to complete the relevant formalities.
Inspections, holds, checks or requirements imposed by the authorities may affect the applicable timeframes in accordance with this Policy.
c) Restricted and Protected Materials
Works or items incorporating materials of animal, plant or mineral origin, or other materials subject to protection, restriction or control, may require permits, certificates or specific conditions for their transport, export, import or sale.
Where a special protection regime applies, including those relating to protected species, Monterone Art shall determine the applicable requirements and shall carry out or coordinate the steps necessary to obtain the relevant authorisations, provided that a lawful and reasonably practicable means of doing so is available.
Monterone Art shall not arrange or facilitate any shipment, import, export or transfer that would contravene applicable law. Where the necessary authorisations cannot be obtained or there is no lawful means of completing the transaction at the intended destination, the shipment shall not proceed under those conditions.
In such circumstances, Monterone Art shall inform the buyer and, where possible, consider legally permissible alternatives. If no viable solution can be adopted, the consequences provided for in the Terms and Conditions and under applicable law shall apply.
d) Duties, Taxes and Other Charges
Unless expressly stated otherwise before the transaction is formalised, objective costs directly associated with delivery and with the ordinarily foreseeable formalities of the transaction shall be deemed to be included in the price on the terms established by Monterone Art.
Where an international transaction gives rise to customs duties, import taxes, administrative fees, customs clearance costs, permits or other objective charges that are not included, Monterone Art shall inform the buyer before the transaction is formalised.
Any tax obligations arising from the buyer’s personal circumstances, residence or tax status, subsequent use of the work, or any other factor specific to the buyer shall be the buyer’s responsibility, unless expressly stated otherwise.
e) Buyer Documentation and Cooperation
The buyer shall provide, within the reasonably specified timeframes, the information and documentation necessary to process delivery, customs formalities, permits, identity verification and any other legal or administrative requirements relating to the transaction.
Such documentation may include, where necessary, identification details, tax or customs information, authorisations, powers of attorney, declarations, registration numbers or other documents required by the competent authorities or by operators whose involvement is necessary.
Monterone Art shall inform the buyer, with a reasonable degree of detail, of the documentation required.
Failure to provide the necessary information or documentation may prevent or delay the dispatch, customs clearance or delivery of the work or item. In such cases, Monterone Art may temporarily suspend the process until it is legally and operationally possible to proceed with the transaction.
f) Regulatory Restrictions and Unavailable Destinations
Monterone Art shall not carry out any shipment whose execution is prohibited by applicable law, international sanctions, trade restrictions, export or import controls, cultural property protection rules or other regulatory prohibitions.
Monterone Art may also decline to offer, or may suspend, shipments to destinations where performance is materially impracticable due to customs impediments, transport limitations, security risks or other objective circumstances affecting the proper execution of the transaction.
Where a restriction affects a transaction that has already been formalised, Monterone Art shall inform the buyer without undue delay and shall consider any legally available alternatives, including, where appropriate, a change of destination or logistical arrangements.
Monterone Art shall not be required to carry out a transaction through procedures intended to circumvent prohibitions, controls, sanctions, export or import requirements, cultural property protection rules or any other applicable provisions.
Where a shipment cannot lawfully be carried out and no reasonable alternative is available, the affected transaction shall be terminated in accordance with the Terms and Conditions and applicable law.
7 – INSURANCE AND RISK DURING TRANSPORT
a) Transport Insurance
Every shipment arranged or coordinated by Monterone Art shall be insured during the period of transport for which the risk remains with Monterone Art, in accordance with the terms applicable to the transaction.
The insurance cover shall be appropriate to the nature and value of the work or item and shall be arranged in accordance with the terms of the applicable policy, having regard, among other factors, to its dimensions, fragility, destination, method of transport and any other relevant circumstances.
The existence of insurance cover shall not limit Monterone Art’s obligations in relation to the proper preparation, packaging, handling and arrangement of the shipment.
In the event of loss or damage during transport arranged or coordinated by Monterone Art, Monterone Art shall manage or coordinate the necessary steps with the carrier, insurer and any other operators involved, without prejudice to any rights available to the buyer under this Policy and applicable law.
b) Transfer of Risk
Where transport is arranged or coordinated by Monterone Art, the risk of loss or damage shall remain with Monterone Art until the work or item has been physically delivered to the buyer or to a third party previously authorised by the buyer to receive it at the destination, without prejudice to any applicable mandatory provisions of law.
Delivery shall be deemed to have taken place once the work or item has been received in accordance with the identification, signature and proof of delivery requirements set out in this Policy.
Delivery to a carrier, storage facility, logistics operator or other intermediary designated by Monterone Art shall not, in itself, result in the transfer of risk to the buyer.
Where a transaction involves multiple shipments or partial deliveries, risk shall transfer separately in respect of each work or item actually delivered.
c) Carriers Appointed by the Buyer
Where the buyer expressly requests the use of a carrier selected by the buyer and different from the carriers or logistical solutions offered or designated by Monterone Art, a specific regime shall apply.
In such circumstances, and to the extent permitted by applicable law, the risk of loss or damage shall transfer to the buyer when the work or item is handed over to the carrier designated by the buyer.
Monterone Art shall remain responsible for properly preparing the work or item for handover to the carrier and for carrying out such handover in accordance with the agreed instructions, but shall not be responsible for the subsequent performance of the transport by an operator independently selected by the buyer, except where liability arises from acts or omissions attributable to Monterone Art.
The buyer shall be responsible for ensuring that the selected carrier has the means appropriate to the nature and value of the work or item and for ensuring that adequate insurance cover is in place during transport, unless Monterone Art has expressly agreed to arrange such cover.
The use of a carrier designated by the buyer shall be requested and confirmed by email before the work or item is handed over to the relevant operator.
8 – RECEIPT, INSPECTION AND INCIDENTS
a) Completion and Evidence of Delivery
Delivery shall be deemed to have taken place when the work or item has been received by the buyer or by a previously authorised third party, in accordance with the identification, signature and proof of delivery requirements set out in this Policy.
Receipt shall be documented using the means employed by Monterone Art, the carrier or the relevant operator, in a manner that provides reasonable evidence of the identity of the person receiving the work or item, together with the date and, where recorded, the time of delivery.
Signature or confirmation of receipt shall constitute evidence of physical delivery, but shall not, in itself, constitute final acceptance of the condition of the work or item or prevent the subsequent notification of latent defects, lack of conformity or other issues that could not reasonably have been identified at the time of delivery.
b) Initial Inspection Period
The buyer shall inspect the work or item as soon as reasonably practicable after receipt and, preferably, within forty-eight hours.
The initial inspection should, so far as reasonably practicable, enable the buyer to verify the identity of the work or item, its apparent condition, the integrity of the packaging, the existence of any visible damage, its correspondence with the expected shipment, and the presence of any elements or documentation that should accompany it.
The forty-eight-hour period is an operational guideline intended to facilitate the prompt identification and management of any issues and shall not result in the loss of any rights recognised by law or prevent the subsequent notification of latent defects or lack of conformity that could not reasonably have been detected during the initial inspection.
Where the work and any documentation necessary for its verification are received at different times, the provisions of the section relating to documentation accompanying the work shall also apply.
c) Visible Damage and Latent Defects
Where, at the time of delivery, there is visible damage to the packaging, evidence of improper handling, impact, punctures, moisture, deformation or other circumstances that may indicate damage, the buyer should, where possible, ensure that this is recorded in the carrier’s delivery documentation or receipt system and notify Monterone Art without undue delay.
If the damage affects the work or item itself and is visible following receipt or unpacking, it shall likewise be notified to Monterone Art as soon as reasonably practicable.
Latent defects that could not reasonably have been detected at the time of delivery or during the initial inspection may be notified once they are discovered.
The absence of an immediate observation at the time of delivery shall not, in itself, preclude a claim where the nature of the damage, defect or issue, or the circumstances in which it was identified, reasonably justify subsequent notification.
d) Loss, Incorrect Delivery or Incomplete Delivery
If a work or item is not delivered, is delivered to the wrong recipient, does not correspond to the work or item acquired, or the shipment is incomplete, the buyer shall notify Monterone Art as soon as the buyer becomes aware of the issue.
Monterone Art shall carry out the necessary checks with the carrier, logistics operator, artist, custodian or any other third parties involved and shall take such measures as are reasonably appropriate to locate the shipment, complete the delivery, correct the error or otherwise resolve the issue.
Where a transaction has been arranged through multiple shipments or partial deliveries, receipt of one part of the transaction shall not mean that the remaining shipments are to be regarded as lost, incorrect or delayed while they remain within the communicated delivery timeframes or terms.
e) Preservation of Packaging and Evidence
Where an issue exists or may exist, the buyer shall reasonably retain the packaging, protective materials, labels, transport documentation and any other elements relating to the delivery until Monterone Art has had an opportunity to assess the situation or confirms that their retention is no longer necessary.
Monterone Art may request photographs or videos accurately showing the condition of the work or item, the external and internal packaging, transport labels, any observed damage and any other element reasonably relevant to the assessment of the issue.
The buyer shall, so far as reasonably practicable, avoid any handling, repairs, restoration, alterations, assembly or other intervention that could alter the condition of the work or make it more difficult to determine the origin, extent or cause of the issue before it has been examined.
Retention of the packaging during the initial inspection period and, where applicable, throughout the handling of a return or claim is strongly recommended. This shall not imply any general obligation to retain crates, structures or other special packaging indefinitely once the period during which they may reasonably be required has ended.
f) Changes in Condition and Non-Conformity
Where the condition of the work or item received differs materially from its documented condition or from the characteristics, specifications or terms expressly communicated for the transaction, the buyer may notify Monterone Art of the relevant issue.
The assessment shall take into account the nature of the work or item, its age, materials, technique, conservation history, documentation, condition reports, images and any other information provided before the transaction.
In the case of historical works, signs of age, wear, restoration, previous intervention or other characteristics previously described or reasonably consistent with their nature shall not, in themselves, constitute a lack of conformity.
Likewise, minor variations inherent in the artistic, manufacturing, printing, casting, finishing or manual execution process shall be assessed in accordance with the provisions of this Policy applicable to commissioned works and reproductions.
Where a material discrepancy exists, Monterone Art shall assess the circumstances and apply the measures appropriate to the nature of the issue, in accordance with the Terms and Conditions and applicable law.
g) Claims Procedure
Issues shall be notified to Monterone Art by email, stating the transaction reference, the work or item concerned, the nature of the claim and any information reasonably necessary for its assessment.
Monterone Art may request photographs, videos, delivery documentation, packaging, reports, additional descriptions or any other evidence reasonably necessary to determine the existence, origin and extent of the issue.
Where proportionate having regard to the nature or value of the work, Monterone Art may request or coordinate a physical inspection, technical examination or assessment by suitably qualified professionals or specialists before determining the appropriate measures.
The buyer shall reasonably cooperate in preserving the work or item and in any steps necessary for its examination, collection, repair, replacement, return or any other appropriate measure.
The opening of a claim shall not, in itself, constitute an admission of liability or automatically establish an entitlement to a return or refund. The issue shall be assessed individually having regard to the available documentation, the circumstances of the transaction and any applicable mandatory rights.
9 – RETURNS AND RIGHT OF WITHDRAWAL
a) Statutory Right of Withdrawal and Applicable Exceptions
Unless expressly stated otherwise, Monterone Art does not offer any contractual or commercial right of return in addition to any right required by applicable law. Returns based on a change of mind, personal preference or other equivalent reasons shall only be accepted where a statutory right of withdrawal or return applies to the transaction.
Where the buyer is a consumer and applicable law provides for a right of withdrawal, the buyer may exercise that right within the period and subject to the conditions prescribed by law. Where the Spanish or European Union rules governing distance contracts apply, the general withdrawal period shall be fourteen calendar days, unless one of the statutory exceptions applies.
The withdrawal period shall begin at the time determined by applicable law, generally when the buyer, or a third party designated by the buyer other than the carrier, acquires physical possession of the work or item. Where a transaction comprises several works, items, lots or separate deliveries, the specific rules governing calculation of the relevant period shall apply.
The existence, scope and duration of any right of withdrawal shall depend on the nature of the transaction, the status of the buyer, the characteristics of the work or item and any mandatory provisions of applicable law.
Claims arising from loss, damage, defects or lack of conformity are separate from the right of withdrawal and shall be governed by the relevant provisions of this Policy, the Terms and Conditions and applicable law.
b) Commissioned, Bespoke and Personalised Works
The right of withdrawal shall not apply, where so provided by the applicable law, to works or items made to the buyer’s individual specifications or clearly personalised.
Accordingly, works specifically commissioned in accordance with the buyer’s individual instructions, dimensions, characteristics or requirements shall not be eligible for return under the right of withdrawal where the legal requirements for that exception are met.
Likewise, reproductions or other items individually configured through the selection of a work, dimensions, format, materials, finish, support or other characteristics may be excluded from the right of withdrawal where the degree of personalisation is sufficient for them to be regarded as made to the buyer’s specifications or clearly personalised under applicable law.
The mere fact that an item is manufactured or produced to order shall not, in itself, exclude the right of withdrawal where the requirements laid down by applicable law are not met.
The exclusion of the right of withdrawal shall not affect any rights available to the buyer where the work or item is damaged, defective, lacks conformity or materially deviates from the agreed specifications.
c) Return Procedure, Transport and Costs
Where a right of withdrawal applies, the buyer shall notify Monterone Art of the decision to withdraw by email, by means of a clear and unequivocal statement, before the applicable withdrawal period expires.
Where required by law, Monterone Art shall also make the relevant model withdrawal form available to the buyer, without prejudice to the buyer’s right to exercise the right of withdrawal by means of any other unequivocal statement permitted under applicable law.
Once such notification has been received, Monterone Art shall provide the instructions necessary to arrange the return in a manner appropriate to the nature, dimensions, value, fragility and other characteristics of the work or item. Compliance with such logistical instructions shall not affect the validity of a right of withdrawal properly exercised in accordance with applicable law.
Where the Spanish or European Union rules apply, and unless Monterone Art has offered to collect the work or item directly, the buyer shall return it without undue delay and, in any event, within fourteen calendar days of notifying Monterone Art of the withdrawal.
The direct costs of return shall be borne by the buyer where permitted by applicable law and where the buyer has been duly informed accordingly.
Where, by its nature, the work or item cannot normally be returned by post, the cost of return or, where that cost cannot reasonably be calculated in advance, a reasonable estimate of its maximum amount shall be communicated before the transaction is formalised where required by applicable law.
Where appropriate having regard to the characteristics of the work or item, Monterone Art may offer or directly arrange a transport service for the return, having communicated its terms and, where applicable, its cost in advance. Return transport arranged or coordinated by Monterone Art shall be subject to appropriate packaging, handling, security and insurance arrangements in accordance with the criteria set out in this Policy.
d) Packaging and Condition of Returned Works or Items
Works or items shall be returned using packaging appropriate to their nature, dimensions, value, materials and fragility, so as to enable them to be transported under reasonably secure conditions.
The packaging and protective materials used for delivery should be retained during any period in which a right of withdrawal may be exercised or an issue may be raised. The absence of the original packaging shall not, in itself, result in the loss of a statutory right of withdrawal, provided that the return can be made using suitable alternative packaging.
Where the buyer arranges the return transport directly, the buyer shall take such reasonable measures as are necessary to prevent damage during packaging, handling and transport. Monterone Art shall not be liable for damage resulting from manifestly inadequate packaging or from acts or omissions attributable to the buyer or to a carrier independently selected by the buyer, without prejudice to any applicable mandatory rights.
The buyer may inspect the work or item to the extent reasonably necessary to establish its nature and characteristics. Where provided by applicable law, the buyer shall be liable for any diminished value resulting from handling beyond what is necessary for that purpose.
e) Inspection and Refunds
Returned works or items shall be inspected upon receipt in order to verify their identity, condition, integrity and correspondence with the transaction to which the return relates.
Where the right of withdrawal is legally available, Monterone Art shall make the refund in the amount, within the period and subject to the conditions established by applicable law.
Where the Spanish rules apply, the refund shall be made without undue delay and, in any event, within the period prescribed by law from the date on which Monterone Art is informed of the decision to withdraw. Where permitted by applicable law, Monterone Art may withhold the refund until it has received the work or item or until the buyer provides sufficient evidence that it has been returned, unless Monterone Art has offered to collect it directly.
The refund shall be made using the same means of payment used for the original transaction, unless the buyer has expressly agreed to another means of payment and this does not result in any additional cost to the buyer.
Any additional costs resulting from a delivery method expressly chosen by the buyer that exceeds the cost of the least expensive standard delivery method offered for the transaction shall not be refundable where applicable law permits their exclusion.
Any reduction in the amount to be refunded due to diminished value, damage or other circumstances may only be applied to the extent permitted by applicable law.
Returns pursuant to the right of withdrawal and claims arising from loss, damage, defects or lack of conformity are separate matters. No limitation applicable to the right of withdrawal shall restrict any rights available to the buyer in respect of a work or item that is damaged, defective or not in conformity.
10 – FAILED DELIVERY, STORAGE AND REDELIVERY
a) Failed Delivery and Notification
A delivery shall be considered failed where, despite having been properly arranged, it cannot be completed due to circumstances attributable to the buyer or the authorised recipient, including, among other circumstances, absence at the agreed appointment or delivery window, inability to provide the required proof of identity or authorisation, lack of access to the delivery point, or incorrect or incomplete instructions preventing delivery.
For the purposes of any costs or consequences attributable to the buyer, a delivery shall not be considered failed where it is unsuccessful due to circumstances attributable to Monterone Art, to the carrier or operator designated by Monterone Art, or to circumstances beyond the buyer’s control.
Where a failed delivery occurs, Monterone Art shall inform the buyer by email as soon as reasonably practicable and shall indicate the steps necessary to arrange a further delivery attempt or, where appropriate, an alternative solution.
From the first failed delivery attempt, Monterone Art may take such custody and storage measures as are reasonably necessary to preserve the security and integrity of the work or item.
b) Second Delivery Attempt
Where the first delivery has failed due to circumstances attributable to the buyer or the authorised recipient, Monterone Art shall offer a second delivery attempt within fourteen calendar days following notification of the failed delivery, provided that the buyer supplies the information, availability and cooperation necessary to arrange it.
The second delivery attempt shall be included within the delivery terms initially contemplated, unless it requires different services, a new destination, exceptional access arrangements or any other modification requested by the buyer that gives rise to additional costs.
The specific date of the second delivery attempt shall be subject to logistical availability, the characteristics of the work or item, transport conditions, security requirements and any other relevant circumstances.
If the buyer fails, within that period, to provide the information or cooperation necessary to carry out the second delivery attempt or to agree on a reasonable alternative, the provisions of the following sections shall apply.
c) Deferred Delivery and Storage
The buyer may request postponement of delivery before it takes place. Unless the characteristics of the work, the custody arrangements or the circumstances of the transaction require a different approach, the standard postponement period shall be fourteen calendar days.
Where a delivery has failed or has been postponed at the buyer’s request, the work or item may remain in storage at Monterone Art’s own facilities or at those of a custodian, carrier, specialist storage facility or other suitable operator.
Where applicable, storage shall commence from the first failed delivery attempt or from the date on which the postponed delivery would otherwise have taken place.
The storage arrangements shall be determined having regard to the nature, dimensions, weight, value, fragility, condition, conservation requirements and security needs of the work or item.
d) Additional Costs
Storage may be included for a reasonable period or may give rise to additional costs depending on its duration and on the nature, value, dimensions, conservation requirements, security or custody needs of the work or item.
Where costs arise in connection with storage, a further delivery attempt, return transport, handling, custody, exceptional transport or other measures resulting from a failed delivery or postponement attributable to the buyer, such costs shall be communicated as soon as they can be determined and, where possible, before they are incurred.
Only reasonable costs actually associated with such measures may be charged to the buyer, without prejudice to any other rights available under the Terms and Conditions and applicable law.
The buyer shall not be charged any costs arising from a failed delivery attributable to Monterone Art or to operators designated by Monterone Art.
e) Cancellation, Termination and Uncollected Works or Items
If, fourteen calendar days after notification of the failed delivery, the buyer has not provided the information, availability or cooperation necessary to complete delivery or agree on a reasonable alternative, Monterone Art may take the measures provided for in the Terms and Conditions and applicable law, including, where appropriate, suspension, cancellation or termination of the transaction.
In such cases, Monterone Art may claim or set off, to the extent legally permitted, any reasonable costs actually incurred in connection with storage, further delivery attempts, return transport, handling, custody or other measures made necessary by the buyer’s failure to comply or cooperate.
Where deliberate, unjustified or bad-faith conduct causes additional loss or damage to Monterone Art, Monterone Art may exercise any rights or claims available under applicable law.
Failure to collect or receive a work or item shall not, in itself, constitute abandonment or automatically confer on Monterone Art any right to dispose of it. The rules applicable to title, any termination of the transaction, return to the owner, renewed availability, subsequent sale or any other action relating to an uncollected work or item shall be determined in accordance with the Terms and Conditions, the nature of the transaction and applicable law.
11 – DELAYS AND LOGISTICAL DISRUPTIONS
a) Carrier and Supply Chain Delays
Delivery timeframes may be affected by delays arising from carrier operations, logistical congestion, disruptions affecting routes, connections or distribution centres, temporary unavailability of specialist services, adverse weather conditions or other circumstances materially affecting transport.
Where Monterone Art becomes aware of a material delay, it shall inform the buyer as soon as reasonably practicable and shall make reasonable efforts with the operators involved to resume or complete delivery.
The occurrence of a delay shall not, in itself, alter the allocation of risk established in this Policy or limit Monterone Art’s obligations where transport has been arranged or coordinated by Monterone Art.
b) Customs, Administrative or Licensing Delays
Inspections, controls, documentary requirements, authorisations, licences, certificates, customs clearance procedures or other actions by competent authorities or bodies may affect the timeframes initially contemplated.
Monterone Art shall carry out or coordinate such steps as may reasonably fall within its responsibility in order to facilitate the relevant procedures and shall provide or request the necessary documentation in accordance with this Policy.
Where the buyer’s cooperation is required in order to proceed, the buyer shall provide the requested information or documentation within the reasonably specified timeframes.
Delays arising exclusively from the actions of competent authorities shall not, in themselves, constitute a breach attributable to Monterone Art, without prejudice to Monterone Art’s obligations in relation to the management, monitoring and fulfilment of the requirements applicable to the transaction.
c) Other Delivery Incidents
Issues may also arise from damage to or breakdowns of vehicles or equipment, route disruptions, closure of facilities, temporary access restrictions, security incidents, operational disruptions affecting transport or logistics services, the subsequent inability to use the method initially contemplated, or other circumstances affecting the proper performance of the delivery.
Where an issue makes it impracticable or inadvisable to continue using the method initially contemplated, Monterone Art may temporarily suspend dispatch or delivery while an appropriate solution is determined.
During that period, the work or item shall remain subject to the applicable custody, security, conservation and insurance measures in accordance with this Policy.
d) Alternative Delivery Arrangements
Where a delay or issue makes it no longer reasonably practicable to proceed with the logistical arrangements initially contemplated, Monterone Art shall assess the available alternatives having regard to the nature and characteristics of the work or item, its security, conservation, destination, applicable timeframes and regulatory requirements.
Such alternatives may include changes to the route, carrier, date, delivery point, method of transport, place of temporary custody or other appropriate logistical measures.
Where an alternative is adopted by Monterone Art in order to resolve a logistical issue within the terms initially contemplated for the transaction, it shall not, in itself, give rise to additional costs for the buyer.
Where an alternative involves a material modification of the terms previously agreed, results from a subsequent request by the buyer or requires additional services not initially included, Monterone Art shall communicate it before implementation and, where applicable, shall request the buyer’s acceptance and inform the buyer of any applicable additional costs.
If no reasonable or legally viable alternative is available, the consequences provided for in the Terms and Conditions and applicable law shall apply.
12 – CONTACT AND ADDITIONAL CONDITIONS
a) Contact
Any enquiry, communication, request or issue relating to the preparation, shipping, delivery, receipt, return or any other matter governed by this Policy shall be addressed to Monterone Art by email using the contact details provided on the Website.
Where the communication relates to a specific transaction, the buyer shall provide sufficient information to identify it and enable it to be properly located and managed.
Communications from Monterone Art relating to a transaction may likewise be sent by email to the address provided by the buyer.
b) Additional Conditions
Certain works, items, destinations, services or circumstances may require specific terms relating to delivery, transport, storage, installation, return or regulatory compliance.
Any specific terms that can be determined before the transaction is formalised shall be communicated to the buyer in advance. Where an additional requirement arises from a subsequent circumstance, Monterone Art shall communicate it as soon as reasonably practicable and, where it involves a material modification, an additional cost or any action requiring the buyer’s consent, before proceeding with its implementation.
The specific terms applicable to each transaction shall supplement this Policy in accordance with the provisions governing its scope of application and with the Terms and Conditions.
