MIVA FINE ART TERMS & CONDITIONS

These Terms & Conditions apply to all purchases and transactions made with Miva Fine Art, including purchases completed in our physical gallery in Malmö, through our online store, by email, telephone, or through any other sales channel, unless otherwise expressly agreed in writing.

By purchasing an artwork from Miva Fine Art, the customer acknowledges that they have read, understood, and accepted these Terms & Conditions.

These Terms & Conditions constitute part of the purchase agreement between Miva Fine Art and the customer.

Miva Fine Art reserves the right to amend or update these Terms & Conditions.

Nothing in these Terms & Conditions shall limit any mandatory rights granted to consumers under applicable Swedish or European consumer protection legislation.

1. Definitions

For the purpose of these Terms & Conditions:

"Miva Fine Art" means Miva Fine Art, Malmö, Sweden, acting as the seller of artworks.

"Customer" means the individual or legal entity purchasing an artwork from Miva Fine Art.

"Artwork" means any original artwork, limited edition, sculpture, print, framed artwork, or other artistic object sold by Miva Fine Art.

"Purchase Agreement" means the legally binding agreement concluded between Miva Fine Art and the Customer regarding the purchase of an Artwork.

"Carrier" means the transport company, courier, or professional art logistics provider responsible for transporting the Artwork.

2. About Miva Fine Art

Miva Fine Art is a professional art gallery based in Malmö & Göteborg, Sweden, specialising in contemporary art, original artworks, limited editions, sculptures, and collectible works.

Miva Fine Art represents and sells artworks through its physical gallery as well as through selected digital and international sales channels.

Due to the unique nature of artworks, each Artwork may contain individual characteristics, variations, textures, materials, and artistic elements that form part of its authenticity, originality, and artistic expression.

Such characteristics shall not constitute defects unless they materially affect the Artwork beyond what may reasonably be expected from the nature of the Artwork.

3. Purchases Made in the Physical Gallery

When purchasing an Artwork directly from the Miva Fine Art gallery, the Customer has the opportunity to personally inspect, evaluate, and approve the Artwork before completing the purchase.

The Customer has the opportunity to review, including but not limited to:

the size and dimensions of the Artwork,
colours and visual appearance,
materials and techniques,
condition of the Artwork,
framing and presentation.

A purchase completed in the physical gallery constitutes a final and binding agreement between the Customer and Miva Fine Art.

The Customer acknowledges that the purchase decision has been made after having had the opportunity to examine the Artwork in person.

The statutory right of withdrawal applicable to certain distance contracts does not apply to purchases completed directly in the physical gallery, except where mandatory law provides otherwise.

Artworks purchased directly in the physical gallery cannot be returned or exchanged due to:

change of mind,
changed personal preferences,
changed interior design plans,
the Artwork not fitting the intended location,
or any other reason unrelated to a legal defect or mandatory consumer rights.

4. International Customers Purchasing in the Gallery

Customers visiting Miva Fine Art from outside Sweden are subject to the same purchase conditions as customers residing in Sweden.

The following circumstances do not alter the legal nature of the transaction:

nationality,
country of residence,
payment method,
delivery address,
destination country.

A purchase completed in the Miva Fine Art physical gallery in Malmö, Sweden, remains a physical gallery purchase even if the Artwork is subsequently shipped, transported, or delivered to an address outside Sweden.

The method of delivery does not transform a physical gallery purchase into a distance sale.

No right of withdrawal applies to such purchases unless required by mandatory applicable law.

5. Shipment Following a Gallery Purchase

Where an Artwork purchased in the physical gallery is subsequently shipped to the Customer, such shipment shall constitute delivery only.

The Customer’s decision to purchase the Artwork was made at the physical sales location after having the opportunity to view and assess the Artwork.

The subsequent transportation or delivery of the Artwork does not alter the legal character of the original purchase agreement.

6. Online Purchases and Distance Sales

Purchases made through the Miva Fine Art website, online store, or other distance sales channels are subject to applicable Swedish and European consumer protection legislation relating to distance contracts.

Where applicable under mandatory law, the Customer has the right to withdraw from the purchase within fourteen (14) days from the date the Customer receives the Artwork.

The right of withdrawal applies only to qualifying distance purchases.

The right of withdrawal does not apply to purchases completed directly in the physical gallery unless otherwise required by mandatory law.

7. Customer Information and Responsibility

The Customer is responsible for providing accurate and complete information necessary for completing the purchase and delivery.

This includes, where applicable:

full name,
billing information,
delivery address,
telephone number,
email address,
customs or import information.

Miva Fine Art shall not be responsible for delays, failed deliveries, additional charges, or other consequences resulting from incorrect or incomplete information provided by the Customer.

The Customer shall promptly notify Miva Fine Art of any changes to information relevant to the purchase or delivery.

8. Formation of Purchase Agreement

A legally binding Purchase Agreement between Miva Fine Art and the Customer shall be concluded when:

payment has been received and accepted,
Miva Fine Art has confirmed the order in writing,
or the Customer has completed a purchase transaction in the physical gallery.

Miva Fine Art reserves the right to refuse or cancel an order where:

payment cannot be verified,
information provided by the Customer is incorrect,
the Artwork is unavailable,
completion of the transaction is prevented by circumstances beyond Miva Fine Art’s reasonable control.

If payment has already been received and the Purchase Agreement cannot be fulfilled, Miva Fine Art shall refund the amount paid unless otherwise agreed or required by applicable law.

9. Availability of Artwork

All Artworks are offered subject to prior sale.

Miva Fine Art operates both physical and digital sales channels. Therefore, an Artwork may become unavailable before an online order has been fully processed.

If an Artwork becomes unavailable after payment has been received, Miva Fine Art shall notify the Customer without undue delay and refund all amounts paid.

Miva Fine Art reserves the right to withdraw an Artwork from sale before a binding Purchase Agreement has been concluded.

10. Artwork Information and Representation

Miva Fine Art makes reasonable efforts to ensure that descriptions, measurements, photographs, and other information relating to Artworks are accurate.

The Customer acknowledges that photographs and digital representations may differ from the physical Artwork due to:

screen settings,
monitor calibration,
photographic reproduction,
lighting conditions,
individual device settings.

Such variations shall not constitute defects.

11. Pricing

All prices are stated in the currency displayed at the time of purchase.

Prices, availability, descriptions, and other information may be changed before a Purchase Agreement has been concluded.

Miva Fine Art reserves the right to correct errors relating to:

pricing,
descriptions,
technical information,
availability,
typographical mistakes.

If an incorrect price has been displayed due to an error, Miva Fine Art reserves the right to inform the Customer and offer the option to proceed with the purchase at the correct price or cancel the order.

12. Payment

Payment shall be completed according to the payment terms provided at the time of purchase.

Ownership of the Artwork shall remain with Miva Fine Art until full payment has been received.

Miva Fine Art reserves the right to withhold delivery until payment has been fully received and verified.

For high-value transactions, Miva Fine Art reserves the right to request additional verification information before completing the transaction.

Miva Fine Art reserves the right to refuse payment methods or cancel transactions where payment cannot be verified.

13. Shipping and International Deliveries

Miva Fine Art arranges transportation of Artworks using established carriers and, where appropriate, professional art transportation companies.

The selected transportation method shall be determined based on factors including:

the value of the Artwork,
size and weight,
destination country,
fragility,
special handling requirements.

Miva Fine Art shall exercise reasonable care to ensure that each Artwork is inspected, prepared, and packaged before shipment in accordance with professional standards applicable to valuable artworks.

The Customer is responsible for providing accurate and complete delivery information.

Any delays, additional costs, failed deliveries, or other consequences resulting from incorrect or incomplete information provided by the Customer shall be the responsibility of the Customer.

14. International Deliveries, Customs and Import Responsibilities

For deliveries outside Sweden, additional charges may apply, including but not limited to:

import duties,
customs fees,
import VAT,
local taxes,
administrative charges,
handling fees imposed by authorities or carriers.

Such costs are the responsibility of the Customer unless otherwise expressly agreed in writing.

The Customer is responsible for reviewing and understanding the import requirements applicable in the destination country before placing an order.

Miva Fine Art shall provide export documentation required from Sweden where applicable.

The Customer shall be responsible for:

import permissions,
customs procedures,
local tax obligations,
duties,
compliance with regulations in the destination country.

Miva Fine Art shall not be responsible for delays, additional costs, restrictions, or refusal of import caused by customs authorities or regulations outside Sweden.

15. Delivery Times

Any delivery times provided by Miva Fine Art are estimates only and shall not constitute guaranteed delivery dates unless expressly agreed in writing.

Delivery times may be affected by circumstances including:

customs procedures,
carrier delays,
transportation availability,
weather conditions,
public holidays,
governmental restrictions,
circumstances beyond the reasonable control of Miva Fine Art.

A delay in delivery shall not automatically entitle the Customer to cancel a purchase unless such right follows from mandatory applicable law.

16. Transport Responsibility and Risk During Shipment

Miva Fine Art shall inspect each Artwork before dispatch and shall document the condition of the Artwork where appropriate.

Miva Fine Art shall ensure that the Artwork is handed over to the Carrier in an undamaged condition and with packaging suitable for professional transportation.

Once the Artwork has been handed over to the Carrier, transportation, handling, and delivery shall be governed by:

the Carrier’s applicable transport terms,
applicable insurance conditions,
mandatory applicable legislation.

Miva Fine Art shall not be responsible for damage caused by the Carrier after the Artwork has been handed over for transportation, except where liability follows from mandatory applicable law.

17. Packaging and Pre-Shipment Documentation

Miva Fine Art uses professional packaging methods appropriate for the Artwork, its value, and destination.

Before shipment, Miva Fine Art reserves the right to document:

the condition of the Artwork,
signatures and markings,
framing condition,
Certificate of Authenticity,
packaging process,
completed shipment.

Such documentation may be used as evidence in connection with:

transport claims,
insurance matters,
disputes,
investigations regarding the condition of the Artwork before shipment.

The Customer acknowledges that such documentation may be relied upon when assessing any claim.

18. Customer Inspection Obligations Upon Delivery

The Customer shall inspect the external condition of the shipment immediately upon delivery and before accepting or signing for receipt.

The Customer shall examine the transport packaging for visible signs of damage, including but not limited to:

holes,
punctures,
cracks,
deformation,
impact damage,
pressure damage,
moisture damage,
other visible indications that the shipment may have been damaged during transportation.

The Customer is responsible for ensuring that any visible damage is recorded with the Carrier at the time of delivery.

19. Visible Transport Damage

If the packaging appears damaged upon delivery, the Customer shall:

photograph the packaging before opening,
report the damage immediately to the Carrier,
ensure that the damage is recorded in the Carrier’s delivery documentation where possible,
notify Miva Fine Art without undue delay.

The Customer shall provide:

photographs of the packaging,
photographs of the shipping label,
photographs of the Artwork,
order details,
any documentation provided by the Carrier.

Failure to report visible damage according to the Carrier’s requirements may affect the ability to pursue a transport claim.

20. Hidden Transport Damage

If damage is discovered after opening the shipment, the Customer shall notify both the Carrier and Miva Fine Art without undue delay.

The Customer shall:

retain all original packaging materials,
photograph the packaging and Artwork,
avoid any repairs, restoration, or alterations,
follow instructions provided by Miva Fine Art and the Carrier.

The Customer shall not arrange repairs, restoration, or other intervention without prior written approval from Miva Fine Art.

21. Transport Damage Claims

All Artworks are inspected before dispatch.

In the event of a transport damage claim, the Customer shall provide sufficient documentation to allow Miva Fine Art and the Carrier to investigate the matter.

Required documentation may include:

order number,
photographs of external packaging,
photographs of internal packaging,
photographs of shipping labels,
photographs of the damage,
description of the circumstances surrounding the damage.

Miva Fine Art reserves the right to inspect the Artwork and assess the circumstances before determining an appropriate resolution.

Where a valid claim is established, Miva Fine Art shall provide an appropriate remedy in accordance with applicable law.

Such remedy may include:

repair,
replacement where possible,
price adjustment,
other appropriate compensation.

22. Right of Withdrawal for Online Purchases

For qualifying purchases made through the Miva Fine Art online store or other distance sales channels, the Customer has the right to withdraw from the purchase within fourteen (14) days from the date the Artwork is received.

The Customer must notify Miva Fine Art in writing before returning the Artwork.

The Artwork must be returned:

within the applicable withdrawal period,
in essentially unchanged condition,
carefully handled,
securely packaged,
accompanied by proof of purchase.

Returns made without prior written approval may be refused.

23. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply where excluded under applicable law, including but not limited to:

custom-made or personalised Artworks,
specially commissioned works,
bespoke framing or special orders produced specifically for the Customer,
other goods or services where the statutory right of withdrawal does not apply.

24. Return Conditions

During the withdrawal period, the Customer shall handle the Artwork with appropriate care.

The Customer may examine the Artwork only to the extent necessary to establish its nature, characteristics, and condition.

If the Artwork has been handled beyond what is necessary, Miva Fine Art reserves the right to claim compensation for any reduction in value to the extent permitted by applicable law.

The Customer is responsible for ensuring that returned Artworks are adequately protected during transportation.

25. Returning Artworks

To initiate a return, the Customer must contact:

Email: retur@mivafineart.com

Subject line:
"Return Request"

The request must include:

order number,
customer name,
artist name,
Artwork title,
proof of purchase.

Miva Fine Art shall provide written instructions before any return shipment is made.

The Customer shall not return an Artwork without prior written approval.

Return shipping costs shall be borne by the Customer unless otherwise required by mandatory law.

Original shipping costs are non-refundable unless otherwise required by applicable legislation.

26. Refunds

Refunds shall be processed after the returned Artwork has been received and inspected by Miva Fine Art.

Refunds shall be issued using the same payment method used for the original purchase unless otherwise agreed.

Miva Fine Art reserves the right to delay a refund until:

the Artwork has been returned,
proof of shipment has been provided,
the condition of the Artwork has been verified.

Any legally permitted deductions relating to diminished value, unpaid return costs, customs charges, or other applicable expenses may be deducted from the refund.

27. Unclaimed Shipments

If a Customer fails to accept, collect, or receive an ordered Artwork and the shipment is returned to Miva Fine Art, such return shall not constitute a cancellation or withdrawal from the Purchase Agreement.

The Customer remains responsible for all reasonable costs arising from the unclaimed shipment, including:

original shipping costs,
return transportation costs,
storage fees,
customs charges,
handling fees,
other directly related expenses.

A new delivery shall only be arranged after agreement with Miva Fine Art and settlement of all outstanding costs.

28. Complaints Regarding Defective or Incorrect Artworks

If an Artwork is damaged, defective, or materially different from the Artwork confirmed in the Purchase Agreement, the Customer may submit a complaint in accordance with applicable mandatory consumer protection legislation.

The Customer shall inspect the Artwork promptly after delivery and notify Miva Fine Art without undue delay if any issue is identified.

A complaint shall include sufficient documentation to allow Miva Fine Art to assess the matter, including:

order number,
customer name and contact information,
description of the issue,
photographs of the Artwork,
photographs of the packaging where relevant,
any relevant documentation from the Carrier.

Complaints shall be submitted to:

Email: complaints@mivafineart.com

Miva Fine Art shall review the complaint and respond within a reasonable timeframe.

The Customer shall not return an Artwork before receiving written instructions from Miva Fine Art.

Miva Fine Art reserves the right to determine the appropriate remedy in accordance with applicable law, including where applicable:

repair,
replacement,
price reduction,
refund,
or another legally available remedy.

29. Original Artworks

Unless otherwise stated, original Artworks sold by Miva Fine Art are unique works created by the artist.

Original Artworks may contain natural and artistic characteristics resulting from the creative process, including but not limited to:

variations in brushwork,
texture,
surface structure,
material characteristics,
handmade elements,
irregularities inherent to artistic production.

Such characteristics form part of the authenticity, originality, and artistic value of the Artwork and shall not be considered defects.

30. Limited Edition Artworks

Where applicable, limited edition Artworks are sold according to the edition information provided by the artist, publisher, or authorised representative.

Limited editions may contain individual variations resulting from the production process.

Edition numbers are allocated according to availability.

Unless specifically confirmed in writing by Miva Fine Art, the Customer cannot request or require a specific edition number.

Where an Artist Proof (AP), numbered edition, or other special designation applies, such information shall be provided according to the documentation available from the artist, publisher, or authorised source.

31. Certificate of Authenticity and Provenance

Where applicable, Miva Fine Art may provide a Certificate of Authenticity or other documentation relating to the Artwork.

Such documentation forms part of the Artwork’s provenance records and should be retained by the owner.

Miva Fine Art guarantees that artworks sold by the gallery are sourced through legitimate channels and accompanied by appropriate documentation where applicable.

Loss of a Certificate of Authenticity does not affect ownership of the physical Artwork but may affect future verification procedures.

32. Framing

Where an Artwork is sold together with a frame, the frame forms part of the overall presentation of the Artwork.

Frames may contain natural variations and characteristics related to:

materials,
craftsmanship,
production methods,
natural ageing.

Minor variations that do not affect the protection, function, or presentation of the Artwork shall not constitute defects.

Custom framing, bespoke framing, or specially prepared framing may be subject to separate terms and may not be eligible for cancellation or return where permitted by applicable law.

33. Museum Glass and Special Presentation Materials

Where an Artwork is supplied with special presentation materials, including Museum Art Glass or similar protective materials, such materials form part of the agreed presentation of the Artwork.

Due to the fragile nature of certain glazing materials, international transportation requirements may require alternative protective solutions.

Miva Fine Art reserves the right to recommend or apply appropriate transport measures to ensure the safest possible delivery of the Artwork.

Any replacement or adjustment of presentation materials after delivery shall be handled separately unless otherwise agreed in writing.

34. Intellectual Property Rights

The purchase of an Artwork transfers ownership of the physical Artwork only.

All intellectual property rights relating to the Artwork remain with the artist or the applicable rights holder.

This includes, but is not limited to:

copyright,
reproduction rights,
image rights,
moral rights,
commercial usage rights.

The purchase of an Artwork does not grant the Customer any right to:

reproduce the Artwork,
create copies,
commercially publish images of the Artwork,
create derivative works,
use the Artwork for advertising or commercial purposes,

unless prior written permission has been obtained from the relevant rights holder.

35. Photography and Publication of Purchased Artworks

The Customer may photograph the purchased Artwork for personal, non-commercial purposes.

Any commercial use, publication, reproduction, licensing, or distribution of images of the Artwork requires prior written permission from the applicable rights holder.

36. Force Majeure

Miva Fine Art shall not be liable for delays, non-performance, or inability to fulfil obligations caused by circumstances beyond the reasonable control of Miva Fine Art.

Such circumstances may include, but are not limited to:

natural disasters,
fire,
war,
terrorism,
civil unrest,
governmental actions,
pandemics,
epidemics,
strikes,
labour disputes,
customs restrictions,
transportation interruptions,
failures of suppliers or carriers,
cyber incidents,
other unforeseen events.

Miva Fine Art shall make reasonable efforts to inform the Customer of significant delays and seek appropriate solutions.

37. Limitation of Liability

Nothing in these Terms & Conditions shall exclude or limit rights or remedies that cannot legally be excluded under applicable mandatory law.

Subject to mandatory legal requirements, Miva Fine Art shall only be liable for direct losses caused by a proven breach of the Purchase Agreement attributable to Miva Fine Art.

Miva Fine Art shall not be liable for:

indirect losses,
loss of business,
loss of profit,
loss of opportunity,
consequential damages,

unless such liability cannot legally be excluded.

38. Governing Law and Dispute Resolution

These Terms & Conditions and any Purchase Agreement entered into with Miva Fine Art shall be governed by and interpreted in accordance with the laws of Sweden.

Any dispute, claim, or controversy arising out of or relating to:

these Terms & Conditions,
the purchase of an Artwork,
delivery,
transport,
or the contractual relationship between the Customer and Miva Fine Art, shall be handled in accordance with applicable Swedish law.

Where permitted by mandatory applicable law, disputes shall be subject to the jurisdiction of Swedish courts.

Malmö District Court (Malmö tingsrätt), Sweden, shall be the court of first instance where legally applicable.

Nothing in these Terms & Conditions shall restrict mandatory consumer rights regarding competent courts or dispute resolution.

39. Personal Data and Privacy

Miva Fine Art processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR).

Personal information may be processed for purposes including:

processing purchases,
managing payments,
arranging deliveries,
communicating with customers,
handling customer service matters,
fulfilling legal obligations.

Further information regarding personal data processing is available in Miva Fine Art’s Privacy Policy.

40. Amendments to These Terms & Conditions

Miva Fine Art reserves the right to update or amend these Terms & Conditions. Changes made after completion of a purchase shall not affect that completed purchase unless required by mandatory applicable law.

41. Entire Agreement

These Terms & Conditions, together with any written order confirmation, invoice, receipt, or specific written agreement relating to an Artwork purchase, constitute the entire agreement between Miva Fine Art and the Customer.

In the event of any conflict between these Terms & Conditions and mandatory applicable law, mandatory law shall prevail.

42. Contact Information

Miva Fine Art
Malmö, Sweden

Email: contact@mivafineart.com

Returns: