Terms of service

Applicable to sales concluded at 22 Church Street, Marylebone, London; at UK trade and art fairs; and via dorian-antiques.com. These Terms apply solely to Dorian Caffot de Fawes Ltd and do not extend to any other business, including the gallery operated in Menorca under a separate and unrelated company.

1. Parties and Definitions

These Terms and Conditions (“Terms”) govern all sales concluded between Dorian Caffot de Fawes Ltd (“the Gallery”) and any individual or entity (“the Client”) purchasing Goods from the Gallery.

The Gallery

Dorian Caffot de Fawes Ltd, registered in England and Wales, Company No. 11815443. Registered office: 22 Church Street, Marylebone, London NW8 8EP. Email: info@dorian-antiques.com.

Goods

All antique pieces, vintage objects, decorative arts, lighting, furniture, seating, mirrors, pictures and other items offered for sale by the Gallery.

Client categories

• UK Consumer: an individual purchasing Goods otherwise than in the course of a business, habitually resident in the United Kingdom.
• EU Consumer: an individual purchasing Goods otherwise than in the course of a business, habitually resident in a Member State of the European Union.
• Rest-of-World Consumer: an individual purchasing Goods otherwise than in the course of a business, habitually resident outside the United Kingdom and the European Union.
• Trade or Non-Consumer Client: any business, interior designer, trade buyer, or individual acting in the course of a business, of any residence.

Sale channel

• On-Premises Sale: concluded at the Gallery’s permanent premises, 22 Church Street, London, with the Client physically present.
• Off-Premises Sale: concluded with the Client physically present away from the Gallery’s permanent premises, including at trade and art fairs. The Gallery currently exhibits three times a year at The Decorative Fair, Battersea, and does not maintain a permanent or habitual stand at any fair.
• Distance Sale: concluded through the Gallery’s website, by telephone or by email, without the simultaneous physical presence of both parties.

Other definitions

• Deposit: an advance payment made to secure a purchase, on the terms set out in Section 4.
• Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

By placing an order or otherwise engaging with the Gallery, the Client agrees to be bound by these Terms in their entirety.

2. Descriptions, Attribution and Authenticity

The Gallery is a member of LAPADA (The Association of Art & Antiques Dealers) and of CINOA (Confédération Internationale des Négociants en Oeuvres d’Art), and adheres to their codes of practice and ethics. All items are described to the best of the Gallery’s knowledge and expertise, based on information available at the time of listing.

Attributions of designer, maker, date or origin reflect the Gallery’s good-faith expert opinion at the time of sale, formed on the basis of the information then available. They are not a guarantee against subsequent re-attribution arising from new scholarship, unless a written Certificate of Authenticity has been issued for the item.

Certificate of Authenticity

Where the Gallery issues a written Certificate of Authenticity naming a specific designer, maker, workshop or date, that certificate constitutes a contractual warranty, valid for five years from the date of sale. If, within that period, a recognised independent expert acceptable to both parties demonstrates in writing that the item does not correspond to the certificate, the Client’s sole remedy is rescission of the sale and a refund of the purchase price, upon return of the item in the condition in which it was sold.

Any significant restoration, repair or alteration known to the Gallery will be disclosed in writing prior to sale. Dimensions are approximate; slight variations may occur, particularly for hand-crafted or hand-finished pieces. While every effort is made to describe and photograph items accurately, the reproduction of colours depends on the calibration and settings of individual screens, and slight variations from photographs should be expected. The Client is encouraged to inspect items in person, or to request further photographs, condition reports or specialist opinions, prior to purchase.

Rewired lighting items

All lighting that have been rewired (excluding those which are sold ‘as is’) have passed a portable appliance safety test (PAT test). The Gallery is not liable for any electrical modification, misuse, or failure to maintain the item carried out after sale by the Client or a third party. Nothing in this clause limits the Gallery’s liability for death or personal injury caused by its own negligence, as set out in Section 16.

3. Pricing, VAT and Payment

Prices are quoted in GBP. VAT treatment is determined on an item-by-item basis and confirmed on the invoice for each transaction:

• Margin Scheme items: the price shown is VAT-inclusive and, in accordance with HMRC Notice 718, VAT is not itemised separately on the invoice.
• Standard-rated items: VAT is shown separately on the invoice at the prevailing rate.

The Gallery reserves the right to adjust prices at any time prior to completion of a sale. Full payment is due at the time of purchase, save where a Deposit has been agreed under Section 4. Accepted payment methods are bank transfer (BACS/CHAPS) and credit or debit card; the Gallery does not accept cash payments above the threshold set by applicable anti-money laundering regulations.

Title to Goods does not pass to the Client until payment has been received in full and funds have cleared. Risk in the Goods passes to the Client upon collection or, in the case of delivery, upon handover to the carrier.

4. Deposits, Trade and Non-Consumer Clients

This section applies to Trade and Non-Consumer Clients, and to On-Premises purchases by Consumers under Section 5.1. It does not apply where a statutory right of cancellation applies under Sections 5.2, 6 or 8.

The Gallery deals in unique, one-of-a-kind objects. Removing an item from sale to hold it for a Client has a direct commercial cost: the loss of the opportunity to sell it to another buyer during that period. Where a Deposit has been taken, it compensates the Gallery for that loss if the sale does not proceed, and is a genuine pre-estimate of that loss rather than a penalty.

• The Deposit is agreed in writing for each transaction, typically 30 to 50 per cent of the agreed price, and will not exceed 50 per cent except for bespoke or custom orders.
• If the Client cancels before the balance is paid, the Deposit is forfeited as the Gallery’s agreed compensation. This is the Gallery’s primary remedy; the Gallery will not seek further sums unless its actual losses are demonstrably higher and are evidenced in writing on request.

Bespoke, custom and restoration orders

For items produced, restored or specially modified to the Client’s specification, a Deposit of 50 per cent is required to confirm the order and becomes non-refundable once work has commenced, reflecting costs the Gallery has committed on the Client’s behalf. If the Client cancels after work has commenced, the balance remains payable to the extent that the Gallery’s committed costs equal or exceed the Deposit; the Gallery will provide a written cost breakdown on request.

Sales agreed without a deposit, Trade and Non-Consumer Clients

Where a sale has been agreed in writing but no Deposit yet taken, and the Client is a Trade or Non-Consumer Client, the Gallery may claim its actual, demonstrable losses arising from cancellation, such as re-marketing costs, storage, or a shortfall on resale, evidenced on request.

5. Cancellation Rights, UK Consumers

5.1 On-premises sales (the London gallery)

There is no statutory right of cancellation for on-premises purchases, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Where a Deposit has been taken, Section 4 applies, save that forfeiture will not exceed 50 per cent of the agreed price. Returns are otherwise limited to Section 9 (misdescription and forgery).

5.2 Off-premises sales (fairs) and distance sales (online, telephone, email)

UK Consumers purchasing off-premises or at a distance have a statutory right to cancel within 14 days of delivery, which cannot be excluded and does not apply to bespoke or made-to-specification items.

To exercise this right, written notice must be sent to info@dorian-antiques.com within 14 days of receipt of the Goods. The item must be returned at the Client’s expense, in its original condition, within 14 days of that notice. Where an item cannot, by its nature, normally be returned by post, the Gallery will provide the Client with a written estimate of the cost of return before the sale is confirmed. A refund will be issued within 14 days of the Gallery receiving the returned item in satisfactory condition.

6. Cancellation Rights, EU Consumers

On-premises purchases made by an EU Consumer physically present at the London gallery follow Section 5.1.

For off-premises and distance sales, EU Consumers benefit from a minimum 14-day right of withdrawal under Directive 2011/83/EU as implemented in their country of residence, exercised and processed on the same terms as Section 5.2.

7. Rest-of-World Consumers and International Clients

No statutory withdrawal right is assumed for Consumers habitually resident outside the United Kingdom and the European Union. All such sales are final upon confirmation, subject only to Section 9. These Terms are governed by English law; the Gallery makes no representation that they comply with the consumer protection laws of any other jurisdiction, and it is the Client’s responsibility to satisfy themselves of this before purchasing.

8. Trade and Non-Consumer Clients, All Territories

Trade and Non-Consumer Clients have no statutory cooling-off right, regardless of sale channel or territory. Section 4 governs deposits and cancellation.

By identifying as a Trade or Non-Consumer Client, the Client confirms that the purchase is made wholly or mainly for purposes relating to their trade, business, craft or profession. Where a purchase is made partly for personal purposes, the Client confirms that the business purpose predominates.

9. Returns, Misdescription and Forgery

Subject to Sections 5.2 and 6, all sales are final. Returns are accepted only where an item is materially misdescribed in a way that affects its fundamental nature or authenticity, or is found, within 14 days of receipt, to be a proven forgery as determined by a recognised independent expert acceptable to both parties. The Client must notify the Gallery in writing within 14 days of receipt, and return the item at their own expense in its original condition. The Gallery’s liability under this section will not exceed the original purchase price.

10. Reservations and Holds

The Gallery does not offer informal reserves. An item discussed or noted as being of interest remains available for sale to other clients at any time, without notice, unless secured by a completed sale or a confirmed Deposit under a written sale agreement. Verbal or written expressions of interest do not constitute a reservation.

11. Delivery, Collection and Storage

Collection is available by appointment, Monday to Saturday, 10.30am to 5.30pm. Delivery can be arranged at the Client’s cost; the Gallery can recommend specialist art handlers for fragile or high-value items. The Gallery is not liable for damage in transit unless caused by its own negligence.

Items for in-person collection must be collected within 3 days of the sale being completed. Where delivery is organised by or on behalf of the Gallery, in particular for international shipments requiring a specialist carrier, delivery must be confirmed within 10 days of the sale being completed. Storage charges of £25 per item per day may apply thereafter, notified in writing.

12. Export, Customs and International Shipping

Export licences, customs duties and import taxes are the Client’s sole responsibility. Certain materials, such as ivory, tortoiseshell or specific timbers, may be subject to CITES or other export controls; the Client should confirm import eligibility in their destination country before purchase. The Gallery will provide such documentation as it holds on request, but does not warrant import clearance in any jurisdiction.

Where a sale is zero-rated for VAT on the basis that the item will be exported from the United Kingdom, the Client shall export the item within the time limits and in accordance with the requirements of HM Revenue and Customs, and shall provide evidence of export on request. The Client shall indemnify the Gallery against any VAT, penalty or other charge raised by HM Revenue and Customs if the item is not exported within the applicable time limits, or for any other reason relating to the Client’s order.

13. Late Payment, Trade Clients

The Gallery reserves the right to charge statutory interest and compensation on overdue invoices to Trade Clients, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

14. Anti-Money Laundering and Compliance

The Gallery complies with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. For transactions at or above applicable thresholds, the Gallery may require proof of identity and source of funds before completing a sale, and reserves the right to decline or suspend any transaction where due diligence cannot be satisfactorily completed, without giving reasons.

15. Intellectual Property and Image Rights

All content on the Gallery’s website, catalogues and marketing materials, including photographs, descriptions and design work, is the intellectual property of Dorian Caffot de Fawes Ltd and may not be reproduced without prior written consent.

The Gallery retains the right to photograph items before and after sale for archival, editorial and marketing purposes. Where a Client publishes an image of an item purchased from the Gallery, the following credit line is required: “Courtesy of Dorian Caffot de Fawes, dorian-antiques.com.” Where this credit is omitted, the Gallery may require the image to be withdrawn or corrected, and may charge a licence fee reflecting its standard commercial rate for reproduction of this kind, currently £500 per image per publication, without prejudice to any other remedy.

16. Limitation of Liability

The Gallery’s total liability to the Client shall not exceed the amount paid by the Client for the relevant item. The Gallery is not liable for indirect, consequential or special loss, or loss of profit. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded, and nothing affects the statutory rights of UK or EU Consumers under Sections 5 and 6.

17. Force Majeure

The Gallery is not liable for any delay or failure to perform caused by events beyond its reasonable control, including fire, flood, strike, customs delay, or act of government. Performance is suspended for the duration of such an event, and resumed as soon as reasonably practicable.

18. Data Protection

The Gallery processes personal data in accordance with the UK GDPR and the Data Protection Act 2018, solely for fulfilling orders, managing client relationships and meeting legal obligations. Full details are set out in the Gallery’s Privacy Policy at dorian-antiques.com.

19. Complaints and Dispute Resolution

The Gallery encourages resolution of any dispute by good-faith negotiation in the first instance, having regard to its obligations as a member of LAPADA and CINOA under their respective codes of practice. Where a dispute cannot be resolved informally within 30 days, the parties may agree to refer the matter to a recognised mediator, or to LAPADA’s dispute resolution service where applicable, before either party commences litigation.

20. Governing Law and Jurisdiction

These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to any mandatory consumer protection identified in Section 6.

21. General Provisions

These Terms constitute the entire agreement between the parties. If any provision is found invalid, the remaining provisions continue in force. The Gallery may update these Terms at any time; the current version applies to new transactions. No waiver of a breach is a waiver of any later breach. These Terms do not confer rights on third parties under the Contracts (Rights of Third Parties) Act 1999.

Dorian Caffot de Fawes Ltd · 22 Church Street, Marylebone, London NW8 8EP

info@dorian-antiques.com · +44 (0)207 386 9386 · dorian-antiques.com

Registered in England & Wales · Company No. 11815443 · Member of LAPADA and CINOA