Terms & Conditions
Last Updated: October 15, 2023
These Terms and Conditions ("Terms") govern your use of the Lotus Harbour Art Advisory website and services. By accessing our website or using our services, you agree to be bound by these Terms.
Services Description
Lotus Harbour Art Advisory provides art advisory, acquisition, collection management, and related services. Our services include but are not limited to:
- Art acquisition advisory and procurement
- Collection management and documentation
- Art investment consultation
- Exhibition curation and planning
- Corporate art program development
We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.
Consultation and Advisory Services
Our advisory services are provided based on our professional expertise and market knowledge. While we strive to provide accurate and valuable advice, we cannot guarantee specific outcomes, including but not limited to:
- Financial returns on art investments
- Availability of specific artworks
- Future market performance of artworks
- Exact appreciation values of art collections
Fees and Payment
Our fees are structured as outlined on our website and in individual service agreements. Fees may include:
- Retainer fees for ongoing advisory services
- Commission on art acquisitions (typically 10-20% of purchase price)
- Hourly rates for specific consulting services
- Project-based fees for exhibition curation and other services
All fees are exclusive of taxes, shipping, insurance, and other third-party costs unless otherwise specified. Payment terms are net 30 days from invoice date unless otherwise agreed in writing.
Client Responsibilities
As a client of Lotus Harbour Art Advisory, you agree to:
- Provide accurate and complete information about your art interests, budget, and collection goals
- Make timely payments for services rendered
- Communicate clearly about your preferences and any concerns
- Respect the confidentiality of our proprietary methodologies and artist relationships
- Obtain appropriate insurance for acquired artworks
Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of Lotus Harbour Art Advisory or its content suppliers and is protected by international copyright laws. Our advisory methodologies, artist databases, and market analysis tools are proprietary intellectual property.
Limitation of Liability
To the maximum extent permitted by law, Lotus Harbour Art Advisory shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:
- Your use or inability to use our services
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from our services
- Any bugs, viruses, or similar that may be transmitted through our services
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content
Artwork Transactions
When we facilitate artwork transactions on your behalf:
- We act as your agent, not as a principal
- Title to artworks passes directly from seller to buyer
- We make no warranties regarding authenticity, condition, or title beyond those provided by the seller
- All sales are subject to the terms and conditions of the seller or auction house
- We recommend independent verification of authenticity and condition for significant purchases
Confidentiality
We maintain strict confidentiality regarding client information, art purchases, and collection details. We will not disclose client information to third parties except as necessary to provide our services or as required by law.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes arising from these Terms or our services shall be resolved through arbitration in Hong Kong in accordance with the Hong Kong International Arbitration Centre rules.
Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
Lotus Harbour Art Advisory
Suite 401, 4/F, H Queen’s, 80 Queen’s Road Central
Central, Hong Kong
Email: [email protected]
Phone: +852 1234 5678