TERMS & CONDITIONS OF ACQUISITION
1. THE NATURE OF THE ACQUISITION
All works acquired through House Montsserat (hereafter “The House”) are “Limited Edition Physical Manifestations” of algorithmic fine art by Marius Raducan.
- Physical Asset: Acquisition is limited to the physical medium (archival print) and the accompanying Certificate of Authenticity (COA).
- Non-Digital Grant: This acquisition does not include any digital files, tokens, or rights to digital display in commercial or public virtual environments unless explicitly granted in writing by the House.
2. INTELLECTUAL PROPERTY & REPRODUCTION
The Artist, Marius Raducan, retains all copyright and intellectual property rights in perpetuity.
- Strict Non-Reproduction: The Collector is granted a private display right only. Any reproduction, commercial exploitation, or digital scanning of the Work for commercial purposes is strictly prohibited.
- Derivative Works: The creation of any derivative works based on the acquisition is a violation of the Artist’s moral and legal rights.
3. THE SECONDARY MARKET & PROVENANCE
House Montsserat asserts the Artist’s Resale Right (ARR) in accordance with the UK Artist’s Resale Right Regulations 2006 and the EU Resale Right Directive (2001/84/EC).
- Statutory Royalties: Upon the resale of any Work through an Art Market Professional (Gallery, Auction House, or Dealer), a royalty shall be due to the Artist/House based on the cumulative sale price.
- The Private Ledger: To maintain the Work’s standing and market value, all transfers of title must be registered with the House’s internal Ledger. The House reserves the right to withhold updated provenance documentation if the statutory or administrative requirements of the resale are not met.
4. LIMITATION OF LIABILITY & LONGEVITY
While the House utilizes museum-grade pigment inks and acid-free cotton rag paper, the long-term preservation of the physical medium is the sole responsibility of the Collector.
- Environmental Stewardship: The House provides archival care guidelines as a courtesy. However, the House offers no warranty, express or implied, regarding the longevity, colorfastness, or physical stability of the Work over time.
- Exclusion of Liability: The House is not liable for degradation caused by light exposure (UV), humidity, temperature fluctuations, or improper framing and handling once the Work has been delivered and inspected.
5. PROTOCOLS OF TRANSFER (SHIPPING)
- Transfer of Risk: Risk of loss or damage passes to the Collector upon delivery to the designated address.
- Inspection Window: Collectors are granted a 7-day period from the date of receipt to report any physical compromise. Beyond this window, the Work is deemed to have been accepted in archival condition.
6. DEFINITIVE NATURE OF ACQUISITION
Given the bespoke nature of the editions and their registration in the Private Ledger, all acquisitions are definitive. Returns or exchanges are not permitted, except in cases of verified transit damage reported within the 7-day inspection window.
7. JURISDICTION
This Contract of Acquisition and any disputes arising from it shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England.
8. ACKNOWLEDGMENT
By completing an acquisition, the Collector acknowledges they are entering into a formal stewardship of a Marius Raducan Work and agrees to uphold the institutional standards of House Montsserat.