Terms of service
Conditions of Sale (Terms & Conditions)
The following Conditions of Sale ("Agreement") govern the relationship between Commodity, Inc., doing business as Mimesis ("Mimesis," "Gallery," "Projects", "we," or "us"), and the buyer ("you" or "Buyer") of artwork ("Work" or "Artwork"). By making an offer or completing a purchase via www.mimesisprojects.com or directly through a Mimesis advisor, you agree to be bound by these Conditions of Sale, which may be amended from time to time.
1. Artwork Availability & Descriptions
An invoice will reserve an artwork for three (3) business days. If payment is not received within that time, the artwork may be re-listed for sale. All artworks are subject to availability, and prices may change prior to invoicing without notice. Mimesis makes every effort to ensure accuracy in listings—including artwork title, dimensions, date, medium, condition, provenance, and color—but all information is provided as opinion, not fact. Measurements are approximate, and images are for identification only. They may vary in color or detail based on screen display. Buyers are encouraged to perform their own due diligence, including viewing artworks in person at our Pasadena, CA partner facility.
2. Condition
All artworks are sold "as is." Many works are vintage and may show signs of age. The absence of a condition note does not imply the artwork is free of defects. Any verbal or written references to condition are opinions and do not constitute warranties. Buyers are responsible for requesting condition reports prior to purchase. All works are unframed unless stated otherwise. Any photos or videos are provided as a courtesy and may not reflect the full condition.
3. Future Value
Mimesis makes no representations or guarantees regarding the future value of any artwork. The art market is inherently subjective and subject to fluctuation.
4. Sales Tax
Sales, use, and excise taxes will be applied in accordance with applicable laws. California sales tax is collected for in-state shipments unless a valid resale certificate is provided. Buyers are responsible for any import duties, VAT, or use taxes due in other jurisdictions.
5. Payment
Payment must be made by the invoiced party in U.S. dollars via cashier’s check, wire transfer, or through online payment via Artlogic (ACH). Credit card payments are accepted via Shopify or Artlogic, subject to a 3.5% processing fee. Mimesis is not responsible for funds misdirected due to phishing, fraud, or cybercrime. Buyers must verify payment instructions by phone before initiating a wire or transfer.
6. Title
Legal title to the artwork passes to the Buyer only upon Mimesis’s receipt of cleared funds for the full purchase price.
7. Shipping & Delivery
Mimesis aims to ship artworks within ten (10) business days of receiving cleared payment. Shipping delays do not constitute grounds for cancellation. All artworks are shipped in professional-grade packaging—either in wood crates or secure wood-sandwich systems—and include full insurance, tracking, and delivery confirmation. A signature is required upon delivery; if the signature requirement is waived, Mimesis assumes no liability for lost, stolen, or misdelivered packages.
Buyers must inspect the artwork immediately upon receipt. Any damage incurred in transit must be reported in writing within three (3) business days of delivery and accompanied by high-resolution photographs. Do not discard original packaging, as it may be required for inspection, insurance, or return.
If an artwork is damaged during shipping, Mimesis will coordinate professional conservation services and cover the cost of restoration. If, after restoration, the artwork is determined to have suffered a loss in market value, Mimesis will refund the difference in value—either at its sole discretion or based on an independent third-party appraisal. The selection of conservators or appraisers shall be at Mimesis’s sole discretion unless otherwise agreed in writing. Any damaged frames or framing components will be repaired or replaced by Mimesis at no cost to the Buyer.
8. Refunds & Returns
All sales are final. Refunds, returns, or exchanges will only be considered if the artwork is materially not as described and Mimesis is notified in writing within three (3) business days of delivery. Any such claim must be granted at the sole discretion of Mimesis.
“Materially not as described” refers to significant inaccuracies in attribution, medium, or provenance. Claims based on condition, minor size discrepancies, color variation, or presentation—such as framing or unframed status—are governed by Section 1 (Artwork Availability & Descriptions) and do not qualify as material misdescription. Clerical or typographic omissions, including incorrect edition numbers or dates, are not grounds for return.
In qualifying cases unrelated to transit damage, Mimesis may offer a refund or store credit toward a future purchase, less a 10% restocking fee and any applicable return shipping costs. All returned works must be received in their original condition and packaging.
By completing payment, Buyer agrees not to initiate chargebacks, reversals, or payment disputes without first contacting Mimesis in good faith to resolve the issue directly. Unauthorized chargebacks will be considered a breach of these Conditions of Sale.
9. Advisory Services
All advisory services offered by Mimesis—including but not limited to valuations, sourcing, market analysis, and collection guidance—are provided as informed professional opinions and do not constitute warranties or guarantees. The nature of artwork, including attribution, condition, and market desirability, is inherently variable. Clients are expected to conduct their own independent due diligence. Mimesis accepts no liability for any damages or losses arising from the actions or omissions of third-party vendors, institutions, or service providers we recommend.
10. Limitation of Liability
Mimesis’s total liability is limited to the purchase price actually paid. Mimesis, its affiliates, and consignors shall not be liable for any indirect, incidental, or consequential damages. All representations, listings, and communications are offered as a courtesy and do not constitute warranties.
11. Privacy
By purchasing or transacting with Mimesis (including newsletter signup and using inquiry forms), you consent to the collection and processing of personal data as outlined in our Privacy Policy, available at www.mimesisprojects.com or by request.
12. General Terms
These Conditions of Sale are binding upon the Buyer and may not be transferred. If any provision is found to be unenforceable, all other provisions remain in effect. No failure to enforce any provision shall be deemed a waiver. All transactional details—including artwork descriptions, prices, and client information—are strictly confidential.
13. Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of California. Any disputes shall be resolved exclusively in the state courts of Los Angeles County or the federal courts for the Central District of California.
Contact
advisor@mimesisprojects.com
+1-310-571-5440