General 

For the purposes of this document any agreement between the parties Francis Devion will be referred to as Francis Devion, “The Company”, “We”or “Our”, and the customer will be referred to as “The Client”, “You” or “Your”. 

Our Terms of Business cover the purchase of goods or service, portfolio fees, delivery, storage, insurance, portfolio disposal and sale commissions that will be charged to the client as part of our service. 

The client accepts these terms of business in full upon signing and returning the Purchase Invoice or making payment for the sale of goods or services to the Francis Devion and will form a legally binding contract between the two parties in doing so. Francis Devion reserves the right to decline any order or instruction and will only be bound by these terms of business once the order or instruction is formally accepted in the form of a receipt letter acknowledging receipt of cleared funds by The Company. 

Business Services 

Francis Devion act as a Broker and Agent on behalf of clients, we specialise in the sourcing, buying and selling of Contemporary and Post War Fine Art.

We assist clients in the acquisition and disposal of unique items through a network of Art galleries, traders and private collectors. 

Each service is charged individually unless part of a fully inclusive package and clearly stated on each purchase invoice. 

Storage of Artworks

We provide storage options for our clients, who do not want to take delivery of the pieces and want them to be stored in a secure facility. We offer this service free of charge for the 1st years cost. After that depending on the value of the piece our clients will be informed of the relevant costs and they will be liable for these if they wish to continue storing them in our facility.

After the first year of storage, the pieces will be held on behalf of the client. They can be delivered or collected by clients, after this 1st year period. We are not liable for any loss or damages to the artwork, we reserve the right to replace a lost or damaged artwork with an artwork to the same value.

Orders 

Orders may be placed by telephone, email or via our website. Upon such instruction, we will issue a purchase invoice confirming the instruction, description of the goods and purchase price, together with any specific agreement pertaining to this instruction before making any instruction/transaction binding on behalf of the Company or The Client. 

Your order is an offer to buy from us. Any order placed will not form part of a contract until you return a signed Sales Purchase Agreement (SPA) or payment has been received by Francis Devion. The client retains the right to cancel any such order within 7 days of being issued. (Please refer to the paragraph headed “cancellation”) 

There will be no contract between Francis Devion and the client until we accept your order. Francis Devion may decline to supply the goods or services to you without giving a reason and a contract will only be formed between the Client and the Company once the aforementioned paperwork has been completed. 

There will be no communication in respect of art or goods to be dispatched to you at any point up until the order has been accepted by Francis Devion and verified by post, email or fax in the form of a signed Purchase Invoice together with a letter of receipt for payment. All goods sold are subject to availability.  

Deliveries 

Deliveries over £100,000 will be delivered free of charge within mainland UK. Those outside mainland UK will be charged at cost. 

Description and Price 

A full description of goods and prices payable for goods or services you order are clearly set out on individual paperwork which will be emailed, faxed or mailed as a hardcopy for your examination.

If in error we under-price an item or service, we will be obliged to provide that item to you at the stated price provided that we notify you within 3 business days of our acceptance of your order. 

We may cancel your order provided we refund any payments you have made in full. Alternatively, you may agree to the corrected price in which case we will proceed with your order. 

Our pricing structure is based on our own stock and stock that may be available to Francis Devion through a network of industry suppliers at any given point in time. 

Our prices are therefore established in house and we do not accept any liability for market trends of price fluctuations that may occur between perceived value, open market or auction sale prices. 

We reserve the right to change our prices at any time subject to availability and market conditions. Please contact our sales office directly for all current prices. Please note that prices issued verbally via telephone, faxed or emailed supersede any previously listed or website prices. 

Ownership Rights 

All goods shall remain the property of Francis Devion until all monies are paid in full. Francis Devion reserves the right to withhold delivery of any goods should payment not be made. 

Third Party Beneficiaries 

Francis Devion client accounts are the sole responsibility of the named client on the account. Irrespective of whether goods have been bought for a third party. Or ownership is actually or beneficially transferred to a third party (whether related to you or not) and whether we have been informed of this, you, and only you, shall be our client in respect of your portfolio and account. 

As the client (Individual or Company signed document holder) you shall be solely responsible for all payments and for providing all instructions in relation to your purchase. Instructions will not be accepted from any other party regardless of their connection or relationship to you. 

You hereby agree to indemnify Francis Devion against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties, instructions or otherwise. 

We are not liable for any loss or damages to the artwork, we reserve the right to replace a lost or damaged artwork with an artwork to the same value.

Payment 

All payments are due on or before the date stated on the Sales Purchase Agreement (SPA), or if an alternative payment date has been agreed between the Client and the Company. 

Payments can be made by bank transfer. Until all sums due to “Francis Devion” have been paid we shall be entitled to retain possession of any goods to which you would be otherwise entitled. If any payment is overdue, we shall be entitled to pursue funds and suspend deliveries/collections. 

Default 

If any payment is overdue for 14 days or the goods have not been collected within three months of being made available, or there is an earlier indication from you that payment will not be made or the goods will not be collected, we shall be entitled to send written notice to the signed agreement holder/email address of our intention to sell or otherwise dispose of the goods and seven days thereafter we shall be at liberty to do so unless payment in full is received or the goods are collected before the close of business on the 14th day. 

All foreign currency payments will be subject to the exchange rate set by the companies bankers on the day of exchange through our bank.

Cancellation Policy

You have the right to cancel any agreement within 14 days which must be done vie email or by written notice. Due to the way we source our artworks, all sales are final and non-refundable.

We reserve the right to not continue any business relationship due to the client misusing, being disrespectful or any unlawful behaviour. In these cases all agreements between us and the party will be void.

We are not liable for any loss or damages to the artwork, we reserve the right to replace a lost or damaged artwork with an artwork to the same value.

Facilitating Sales

We act on behalf of sellers and purchasers as a mediator for private sales. Once your portfolio has been proposed for sale and agreed on by you, then we will offer it to selected parties on your behalf. We are not liable for any disruptions or delays in sale. We are also not liable for any guarantees that your sale with be successful. We cannot guarantee the artworks be available, we reserve the right to replace artworks paid for if not available with artworks to same value.

Title and Risk​

The Artwork will be Your responsibility from the first available point for delivery or from when You are notified that the artwork is available for collection (and the artwork is fully paid for).

Ownership of the Artwork will only pass to you when We receive payment in full of all sums due for the Artwork, including delivery charges, and delivery being available to be completed.

We are not liable for any loss or damages to the artwork, we reserve the right to replace a lost or damaged artwork with an artwork to the same value.

​Our Terms and Conditions are being updated constantly, please refer to this page for the most recent updates.

All indications of possible profits are purely speculative, all forecasts are based on historical performance and are purely indicative. The value of your property may rise or fall. No guarantees as to future performance in respect of income or capital growth are given either expressly or by implication and nothing expressed or implied should be taken as a forecast of future performance. This is not an offer to participate in a collective investment scheme as defined in the Financial Services and Markets Act 2000 (section 235) and as such buyers have no access to statutory or regulatory protections including the Financial Ombudsman Service and the Financial Services Compensation Scheme. Francis Devion is not regulated by the FCA and is not authorised to offer advice to the public concerning any regulated or unregulated investment.