Fort Marais Terms, Conditions and Privacy Policy

Last updated: 2026. These Terms & Conditions and Privacy Policy (“Terms”) govern your use of the Fort Marais website, your purchases of artworks, and the handling of your personal data. By using our website or purchasing artworks from us, you agree to these Terms.

1. Introduction

Fort Marais is a gallery / dealership specializing in original and classical artworks. Our principal place of business is the United Kingdom. All sales and services are subject to the following Terms and Conditions.

2. Website Use

I. Intellectual Property: All content on this website, including images, texts and designs, are the intellectual property of Fort Marais or its licensors. You may not reproduce, distribute, or use any materials without prior written consent.

II. Links & Linking to the Website: Our site may contain links to third-party websites. Fort Marais is not responsible for the content or practices of any external sites, affiliated or not.

III. Prohibited Use of Website: Users agree not to misuse the website, including but not limited to unauthorized access, data scraping, or use of the site for unlawful purposes.

3. Purchases & Consumer Rights

I. Statements About the Artwork: We make every effort to ensure the accuracy of descriptions and provenance. However, all representations are made in good faith and subject to the terms of sale.

II. Payment: Payments are either facilitated through approved third-party processors or preapproved, secure direct bank transfers. Users will agree to provide accurate billing information and must agree to third party terms and conditions in order to proceed with a sale. Fort Marais does not retain credit / debit card information and cannot be held liable for infringements via third parties.

III. Third Parties: Fort Marais may engage third parties, including shipping providers and payment processors, to fulfil Services. While we do not retain any debit or credit information, we cannot be held liable for any differing practices in the third parties we may employ, of whom you may be required to agree to their Terms & Conditions.

IV. Proprietorship / Right of Use Commercially or Publicly: Buyers acquire the physical artwork but not copyright unless explicitly stated. Reproduction, public display for commercial purposes, or licensing requires written permission from the artist or copyright holder. Works sold posthumously may be subject to additional authenticity and provenance conditions. Where applicable, Artist's Resale Rights (ARR) or equivalent royalties apply to subsequent sales.

4. Delivery, Returns & Cancellation Policy

I. Delivery: Artworks are shipped fully insured.

II. Returns: Sales are final except where artworks are damaged during delivery or misrepresented. Fort Marais cannot be held responsible for the state of condition of the artwork following the acceptance of delivery of the purchase.

III. Cancellations:

• Orders cannot be cancelled once confirmed, except under applicable consumer rights laws. Please see The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for more information.
• We are entitled to deduct from the reimbursement any loss in value to the artwork in the interim of the proprietary transfer process or value of damage, if returned as such, to compensate us and/or other owners of the artwork.

5. Storage

Fort Marais may provide storage for purchased artworks for a limited period, typically 1–4 weeks, at no cost. Extended storage is available under a separate agreement and fee structure. We are able to provide alternative storage on a temporary or permanent basis, either via third party provider, or at a Fort Marais licensed location. Each item stored is subject to the terms of the individual contractual arrangement. Costs may vary depending on size, timeframes, select providers and regions.

6. Exports & Taxes

Buyers are responsible for complying with customs regulations and paying any import duties or taxes applicable in the destination country, unless otherwise predetermined during the negotiation of sale. The price of VAT should be included in the listed / quoted price of a work, apart from instances where it is explicitly expressed separately. Additional import, customs or export duties may apply to the CIF of any work entering in / or out of UK borders, rules and regulations, to which Fort Marais is not accountable for, unless otherwise previously discussed and formalised in writing.

7. Copyright

Copyright of Art remains with the artist unless explicitly stated via a term of transfer. Buyers may not reproduce the artwork for commercial use or in any uncertain terms without the artist’s expressed permission, nor in as long as the statute for copyright stands, lasting the lifetime of the artist, plus an additional 70 years following the artist’s death — presumably transferred to established heirs of the copyright license.

8. Breach of Contract

Fort Marais reserves the right to terminate contracts and seek remedies in the event of a breach of these Terms. Failure to complete payment for any contractually obligated agreement with Fort Marais, including Sale of Artwork, Transport / Logistics contracts, Storage, Tax and Regulatory requirements, may result in one or several of the following:

• Termination of the sale and repossession of the artwork.
• A claim for damages for any losses incurred, including recovery and restoration costs.
• Interest charges on overdue amounts at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, or if not applicable, at a rate subject to our own discretion, until payment is made in full.
• Retention of any sums already paid and/or sale of the artwork on reasonable terms to mitigate losses, claiming any shortfall from the buyer.

9. Anti-Money Laundering, Art & Heritage Crimes

We comply with all applicable anti-money laundering (AML) regulations. Buyers may be required to provide proof of identity and source of funds before completing high-value transactions. Any secondary market items that pass through our business are checked against the Art Loss Register and are subject to rights of ownership checks. However, we are not to be held liable for restitution of objects / artefacts of cultural significance, predicated on historically antiquated or diametrically opposed claims.

10. Data Protection & GDPR

Fort Marais respects user privacy and processes personal data in accordance with the General Data Protection Regulation (GDPR).

I. Managing Cookies: Our website may use cookies to improve user experience. These will be able to be managed or disabled via browser settings.

II. Management of Collected Data: We may collect names, emails, phone numbers, and shipping addresses for transactional purposes. Personal data is used only for order fulfilment, customer communication, and marketing where consent is given. Data may be shared with trusted partners, including payment processors and couriers, but never sold. You may opt out of marketing emails or WhatsApp messages at any time.

11. Fort Marais Liability

To the fullest extent permitted by law, Fort Marais shall not be liable for indirect or consequential losses. Our liability is limited to the value of the artwork purchased.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Kingdom. However, mandatory consumer protections of the buyer’s country of residence may also apply. Disputes will be subject to the exclusive jurisdiction of the courts of United Kingdom.

13. General

If any provision of these Terms are held invalid, the remaining provisions remain in effect. Fort Marais reserves the right to update these Terms inadvertently at our own volition, with the latest version published via our website.

Contact

For any questions regarding these Terms or your personal data, please contact us at:

📧 h.miles@fortmarais.com
📍 West Sussex, United Kingdom