Terms of Sale

1. Introduction and acceptance

These terms govern every purchase from Emerson Bailey ("we", "us"), whether you buy on emersonbailey.com, in our gallery, or through your designer. The seller is Emerson Bailey Collection LLC, whose details are in section 15. By placing an order, ticking the acceptance box at checkout, or paying an invoice, you accept these terms. If something in a signed agreement between us says otherwise, the signed agreement controls for that transaction.

We write these terms in plain English because we would rather you read them. Please do. They set out what you are buying, what we promise, and what we ask of you.

2. About our pieces

Most of what we sell is one of a kind. Our antiques and vintage pieces are generally between fifty and three hundred years old and have lived full lives before reaching us. Wear, patina, old repairs, small losses, shrinkage, movement in timber, fading and marks of use are part of what they are. They are not defects, and we do not treat them as such.

We describe each piece as carefully as we can, including period, origin, materials, condition and any restoration we know of. Where we know a piece has been restored, re-upholstered, re-finished, re-wired or altered, we say so. Our photographs are taken in natural and studio light and colour will vary from screen to screen. Measurements are taken by hand at the widest points and may vary by a small amount. If a detail matters to you, ask before you buy. We are glad to send more photographs, a video, or a condition note.

Contemporary pieces by the makers and brands we represent are new goods made by third parties, and any product warranty is the maker's, not ours. Where a maker publishes a warranty, it applies on the maker's own terms, and its duration, coverage and exclusions vary by brand; some makers offer no warranty beyond a short period after delivery for reporting defects or shipping damage. We will tell you what the maker provides when you order and pass the maker's warranty documents on with your piece. We will help with any warranty claim, and where a maker requires claims to be made through the selling dealer we will lodge the claim on your behalf; the remedy is the maker's to decide. Natural variation in handmade pieces, patina on living finishes such as brass and unlacquered metals, and wear from use are not defects. Please inspect every delivery on arrival and report damage or defects to us in writing within 24 hours, with photographs, keeping all packaging, as several of our makers will not accept a claim reported later or without the original packaging.

ALL ANTIQUE, VINTAGE AND PREVIOUSLY OWNED PIECES ARE SOLD AS IS, IN THE CONDITION DESCRIBED AND SHOWN AT THE TIME OF SALE. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN WRITING FOR A PARTICULAR PIECE, WE MAKE NO WARRANTY OF ANY KIND, AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Where we give an opinion on attribution, date or provenance, it is an opinion given in good faith and based on our experience and the information available to us. It is not a guarantee.

3. Pricing and payment

Prices are in United States dollars and exclude shipping, crating, delivery, installation, and any taxes or duties that may apply. We may change prices at any time, but a price confirmed on your order or invoice is the price you pay.

One of a kind gallery pieces are marked "Inquire" on the website and are sold by invoice. Payment is by wire transfer, ACH or check, in full, at the time of purchase. A piece is not reserved for you until payment has cleared. We may agree a short hold at our discretion; a hold does not reserve the piece and it may be sold to another buyer until payment is received. Items that can be added to the cart are paid by the methods shown at checkout.

Our bank details never change. We will never notify you of a change to our bank details by email. If you receive any message that appears to change them, do not send funds. Call us on 720-800-6268 to verify first.

Trade. We offer trade pricing to interior designers, architects and dealers with an approved trade account. Trade pricing is personal to the account holder, applies to purchases made through that account, and may not be combined with other offers. Trade purchases, on approval releases and open account terms are governed by our separate written trade documents, which control if they differ from these terms. To buy for resale free of tax where tax would otherwise apply, you must give us a valid resale certificate for the destination state before the sale is invoiced.

Taxes. Montana has no general sales tax, so no sales tax is charged on purchases collected in Bozeman or shipped to Montana addresses. Where we are required to collect sales tax on a shipment to your state, it is shown on your invoice or at checkout. Where we are not, you are responsible for any use tax your state may require. Buyers outside the United States are responsible for all import duties, taxes and brokerage charges at destination.

4. Orders and availability

Our gallery and our website sell from the same inventory, and we also place pieces with designers and on other platforms. A piece can be sold in the gallery, or on approval with a designer, moments before your online order is confirmed. If that happens, or if a piece is unavailable for any other reason, including a pricing or listing error, we will tell you promptly, cancel the order, and refund any payment in full. That is the full extent of our obligation in that case, and we apologise in advance for the disappointment when it happens.

An order is accepted when we send you a written confirmation, not when you place it. We may decline or cancel any order for good reason, including suspected fraud, an error in price or description, or a delivery address we cannot reasonably serve.

If a piece is in transit to us, including on a container from Europe, we will say so on the product page and give an expected arrival window. If we cannot ship within the time we stated, or within thirty days if we stated none, we will contact you with a revised date and you may accept the delay or cancel for a full refund.

5. Collection, shipping and delivery

Collection and delivery. Payment is due in full at the time of purchase. Emerson Bailey is a gallery, not a warehouse, so we ask that pieces be collected or shipped within fourteen days of payment. We are glad to arrange this for you: we work with trusted local and national specialists for pickup, receiving, storage, transport and white glove installation, and we will introduce you and coordinate the handover. Their services are contracted and billed directly between you and them. If a piece remains with us beyond fourteen days without arrangements in place, we may transfer it to a receiving specialist on your behalf and at your cost, and risk passes to you at that point.

Freight pieces. Furniture, lighting, mirrors, art and anything large or fragile travels by specialist art and antiques carrier, blanket wrapped or crated, with white glove delivery available. You may use your own carrier or one we recommend. Freight quotes depend on destination, access (stairs, elevators, narrow doors) and the level of service, and are confirmed between you and the carrier before anything moves. Delivery times depend on the carrier and on consolidated routes, and a cross country art shuttle can take several weeks. Please make sure the shipment is insured in your name for its full value. Title and risk of loss pass to you when the piece is handed to the carrier, or to you or your agent at the gallery. Any loss or damage in transit is a claim on that insurance. We will help with photographs, condition notes and documentation, but we are not responsible for loss or damage once a piece has left the gallery.

Parcel items. Small objects and contemporary accessories that we ship ourselves travel by parcel carrier at the rates shown at checkout or on your invoice. If a parcel item arrives damaged, email info@emersonbailey.com within 24 hours of delivery with photographs of the damage and of the packaging, and keep all packing materials.

On delivery. Whoever ships the piece, please inspect it before the driver leaves and note any damage to the packaging or the piece on the delivery receipt. Photographs taken at that moment are what every carrier and insurer will ask for.

Pieces in Sweden. Part of our collection is offered for sale while it is still at our facility in Sweden, before it travels to Montana; the listing says so. Such pieces can join our next container to Bozeman or be shipped directly to you, and in either case the freight is quoted to you before anything moves. Direct shipments are handled by our Swedish logistics partner, who arranges insurance and any export permit the piece requires; United States import clearance and any duties are the buyer's responsibility, and we help with the documents.

International delivery. We ship worldwide by quotation. You are the importer of record and are responsible for duties, taxes, permits and compliance at destination, including any restrictions on materials such as certain woods, ivory, tortoiseshell or feathers in older pieces. We will provide the documents you need.

6. Final sale

All sales are final. Our pieces are antique, vintage, one of a kind or made in small numbers, and we sell them as is, as described and photographed at the time of sale. We do not accept returns or exchanges for change of mind, for colour or scale once in the room, or for age related wear that was visible or described. If you are unsure, ask us before you buy; we will send more photographs, measurements and a condition note, and designers with a trade account may take pieces on approval under our written on approval terms. Damage in transit is handled as set out in section 5.

7. On approval and trade

Design professionals with an approved trade account may take pieces out on approval to show their clients. On approval releases are governed by our written On Approval Release and Terms of Approval, signed at release, which set the decision and return dates, who arranges transport, condition on release and return, and what happens if a decision is not made in time. Those documents control for any piece released on approval. Trade pricing, trade account eligibility and open account terms are likewise governed by our written trade documents. Nothing in these terms gives anyone trade pricing.

8. Design services

Our interiors practice is engaged under a separate written design agreement, which governs that work, including scope, fees, purchasing and deposits. These terms apply to purchases from the gallery, including purchases made for a design project, unless the design agreement says otherwise.

9. Consignment

From time to time we sell pieces on behalf of their owners. Consignments are governed by a separate written consignment agreement between Emerson Bailey and the consignor. Buyers of consigned pieces buy from Emerson Bailey on these terms.

10. Intellectual property

The photographs, films, text, descriptions, logos and design of this website and our printed and digital materials belong to Emerson Bailey or are used under licence. You may share a link to a page, and designers may use our product photographs to present pieces to their own clients. Any other use, including reproduction on another commercial website, in a listing, in print, in advertising or on social media, needs our written permission first. Buying a piece does not transfer any copyright in our photographs or descriptions of it.

11. Website use and accuracy

We try to keep the website accurate and current, but inventory moves daily and errors happen. We do not promise that descriptions, prices, availability or other content are error free, and we may correct errors and update content at any time without notice. You agree not to misuse the website, to interfere with it, or to use it for anything unlawful. Links to other websites are provided for convenience and we are not responsible for their content.

12. Limitation of liability

To the fullest extent the law allows, our total liability to you for any claim arising from a purchase is limited to the price you paid for the piece concerned, and we are not liable for indirect, incidental or consequential loss, including lost profits, delays in a project, or the cost of substitute goods. Nothing in these terms limits liability that cannot be limited under applicable law, including for fraud or for death or personal injury caused by negligence.

13. Governing law and disputes

These terms and any purchase from us are governed by the laws of the State of Montana, without regard to its conflict of laws rules. If something goes wrong, please talk to us first; most problems are solved in a conversation. If we cannot resolve a dispute between ourselves, it will be brought in the state or federal courts sitting in Gallatin County, Montana, and you and we each consent to the jurisdiction of those courts. Nothing prevents either of us from bringing a claim within the limits of a small claims court where you live or where we are located.

14. Changes to these terms

We may update these terms from time to time. The version posted on emersonbailey.com when you place your order is the one that applies to it.

15. Contact

Emerson Bailey Collection LLC
109 East Oak Street, Suite 1C, Bozeman, Montana 59715
info@emersonbailey.com
720-800-6268
Gallery visits by appointment. The gallery does not store purchased pieces; see section 5.