Terms of Service and Online Sales
Last updated: August 11, 2026
Please read these Terms of Service and Online Sales carefully before using our Website, submitting an inquiry, placing an order, or purchasing an artwork or other item from KB Fine Art.
By using the Website or completing a purchase, you acknowledge that you have read and agree to these Terms.
1. About KB Fine Art
KB Fine Art is the business name of [INSERT FULL LEGAL BUSINESS NAME AND ENTITY TYPE], with a principal business address at:
[INSERT COMPLETE BUSINESS STREET ADDRESS]
In these Terms, “KB Fine Art,” “KB,” “we,” “us,” and “our” refer to that legal entity.
These Terms apply to:
- the KB Fine Art website at
kbfineartgallery.comand related online services, collectively, the “Website”; - purchases made through the Website;
- purchases arranged by email, telephone, invoice, viewing room, or appointment;
- original artworks, editioned artworks, photographs, prints, sculptures, books, merchandise, and other products offered by KB Fine Art, collectively, the “Goods”; and
- art advisory, collector consultation, exhibition, event, and related gallery services offered through the Website.
A separate invoice, consignment disclosure, commission agreement, or written sales agreement may contain additional terms. If there is a conflict, the transaction-specific written agreement will control for that transaction.
Purchases completed through a third-party platform, such as Artsy, may also be subject to that platform’s terms, privacy policy, payment rules, and buyer-protection policies. Those third-party terms govern the platform’s services, while these Terms govern KB Fine Art’s sale to the extent they do not conflict.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Website or purchase Goods.
If you purchase on behalf of a company, trust, partnership, collection, or other organization, you represent that you have authority to bind that organization to these Terms.
You may not use the Website or purchase Goods if doing so would violate any applicable law, sanction, embargo, court order, or contractual restriction.
3. Permitted Use of the Website
KB Fine Art grants you a limited, personal, nonexclusive, nontransferable, and revocable right to access and use the Website for lawful, noncommercial purposes, including learning about artists, viewing available works, contacting the gallery, and making purchases.
You may not:
- copy, republish, sell, license, or commercially exploit Website content;
- scrape, harvest, or systematically download artwork images or Website data;
- use automated systems to access the Website without our written permission;
- attempt to bypass Website security or interfere with its operation;
- introduce malware, harmful code, or unauthorized tracking technologies;
- impersonate another person or submit false information;
- use Website content to train, develop, or improve an artificial-intelligence or machine-learning system without written permission; or
- use the Website or its content in a manner that infringes intellectual-property, privacy, publicity, or other legal rights.
We may suspend or terminate access for conduct that violates these Terms or threatens the Website, KB Fine Art, its artists, consignors, clients, or service providers.
4. Artworks, Descriptions, and Availability
KB Fine Art may sell Goods that it owns or act as an authorized agent for an artist, artist’s studio, collector, estate, or other consignor. Where appropriate, the invoice or accompanying documentation may identify KB Fine Art’s capacity.
We make reasonable efforts to describe each item accurately. Descriptions may include the artist, title, date, medium, dimensions, edition information, signature details, provenance, condition, framing, and other relevant information.
However, you acknowledge that:
- Measurements are approximate unless expressly stated otherwise.
- Images are provided for reference. Screen settings, lighting, photography, and image processing may affect the appearance of colors, surfaces, textures, scale, and details.
- Handmade, editioned, historical, and previously owned works may vary from photographs or other impressions from the same edition.
- Unless stated otherwise, frames, display materials, pedestals, and installation hardware shown in images are not included.
- Older or previously owned works may exhibit age-related wear, restoration, fading, craquelure, surface variations, or other condition characteristics.
- A condition report expresses our good-faith opinion and is not necessarily an exhaustive record of every condition issue.
You should request additional photographs, videos, measurements, or a condition report before purchasing if these matters are important to you.
Goods are subject to prior sale and may be withdrawn at any time. Prices for editions may change as availability decreases, but a price will not be changed after we have accepted your order unless you agree in writing.
Nothing in this section limits any disclosure, warranty, or remedy required by applicable law.
5. Orders and Contract Formation
Submitting an order or agreeing to an invoice constitutes an offer to purchase the applicable Goods.
An automated acknowledgment, payment authorization, or acknowledgment that we received your inquiry does not necessarily mean that we have accepted your order.
A binding contract is formed when KB Fine Art:
- sends an express written order acceptance;
- issues a final invoice confirming the sale;
- ships the Goods; or
- confirms that the Goods are ready for collection,
whichever occurs first.
We may reject or cancel an order before acceptance for reasons including:
- prior sale or unavailability;
- an incorrect price, description, image, or inventory record;
- inability to confirm payment;
- suspected fraud or unauthorized payment;
- failure to provide requested identity or compliance information;
- purchase limits stated on the listing;
- shipping or export restrictions;
- legal, sanctions, or regulatory concerns; or
- an error in the order or delivery information.
If we cancel an order after receiving payment, we will return the applicable amount to the original payment method or, where appropriate, arrange another lawful refund method.
6. Prices, Taxes, and Import Charges
Prices are shown in the currency stated on the Website, listing, or invoice. Unless expressly included, prices do not include:
- sales, use, value-added, or similar taxes;
- shipping, delivery, courier, or handling charges;
- packing, custom crating, or casing;
- installation;
- insurance;
- customs duties, brokerage fees, or import charges; or
- storage charges resulting from delayed collection or delivery.
Applicable sales tax will be collected where required.
For international orders, you are responsible for complying with the destination country’s import requirements. Unless otherwise agreed in writing, you will be the importer of record and will be responsible for duties, taxes, customs fees, permits, and related charges.
KB Fine Art will not falsify an invoice, declare an inaccurate value, or improperly characterize a commercial shipment as a gift.
If a pricing error is discovered before delivery, we may cancel the order and issue a refund or invite you to confirm the order at the correct price.
7. Payment
Payment must be made using a method accepted by KB Fine Art and stated on the Website or invoice. We may accept credit cards, electronic payments, wire transfers, or other approved methods.
Payment information may be processed by third-party payment providers and is subject to their terms and privacy practices.
Goods will not be released, shipped, or made available for collection until we have received cleared payment in full, including applicable taxes, shipping, packing, and other agreed charges.
Wire-transfer security
Email accounts can be compromised. Before sending a wire transfer, independently confirm the instructions by calling KB Fine Art using a previously verified telephone number.
KB Fine Art will not be responsible for funds sent to an unauthorized account because the buyer failed to verify instructions, except to the extent caused by KB Fine Art’s negligence or where liability cannot lawfully be excluded.
8. Identity, Sanctions, and Compliance Checks
For certain transactions, KB Fine Art or its payment, banking, shipping, or compliance providers may request information including:
- government-issued identification;
- confirmation of your residential or business address;
- the identity of the ultimate buyer or beneficial owner;
- information regarding the source of funds;
- the purpose or intended destination of the purchase; or
- other information reasonably necessary to evaluate fraud, sanctions, export-control, or financial-crime risks.
We may delay, refuse, or cancel a transaction where:
- requested information is not provided;
- we cannot reasonably verify the buyer or payment source;
- the transaction may involve a sanctioned or restricted person, entity, territory, or financial institution; or
- completing the transaction may violate applicable law or expose KB Fine Art or its partners to unreasonable legal risk.
Any refund will be made only where lawful and will ordinarily be returned to the original source of payment.
9. Shipping, Delivery, and Collection
Shipping methods, packing requirements, estimated delivery times, and charges will be shown at checkout or provided in a separate quote.
Delivery dates are estimates unless expressly guaranteed in writing. Fabrication, framing, export documentation, specialist packing, customs clearance, weather, carrier delays, and other circumstances may affect delivery.
If we cannot ship within the stated period or another period required by law, we will notify you and, where required, give you the option to:
- accept a revised shipping date; or
- cancel the affected order for a refund.
You are responsible for providing a complete and accurate delivery address. Additional charges resulting from an incorrect address, missed delivery, refused shipment, or requested redelivery may be charged to you.
International shipments may be opened and inspected by customs or other authorities.
Collection
Where collection is available, it must be arranged in advance. You may be required to provide identification and proof of purchase.
If Goods are not collected within 30 days after notice that they are ready, we may move them to secure storage. Any storage charges must be disclosed to you before they begin to accrue. Goods will not be released until applicable storage and handling charges have been paid.
10. Title, Risk, and Inspection
Unless a written agreement states otherwise:
- legal title passes to you only after KB Fine Art has received payment in full and the Goods have been delivered or collected; and
- risk of loss or damage passes when the Goods are delivered to the designated address or handed to you or your representative at collection.
If you independently select and engage a carrier that KB Fine Art did not offer, risk passes when the Goods are handed to that carrier.
You should inspect the shipment promptly upon delivery. If a package or item appears damaged:
- photograph the packaging before opening where possible;
- retain all packing materials;
- photograph the Goods and the damage;
- note visible damage with the carrier; and
- contact us within three calendar days at
kate@kbfart.com.
Prompt notice helps us pursue a carrier or insurance claim. Failure to provide prompt notice does not waive legal rights that cannot be waived.
11. Returns and Cancellations
11.1 Cancellation before acceptance
You may request cancellation before we accept your order. We will make reasonable efforts to honor the request, but an order cannot be canceled once it has been shipped, released for delivery, or otherwise accepted unless it qualifies for return under this section.
11.2 Eligible returns
Unless a listing, invoice, or separate written agreement identifies an item as Final Sale, you may request authorization to return an eligible item within 14 calendar days after delivery.
To qualify, the item must:
- be in the same condition in which it was delivered;
- not have been installed, altered, repaired, reframed, or damaged;
- include its certificate, documentation, accessories, and original packaging; and
- be packed and returned in accordance with our instructions.
You must contact kate@kbfart.com before sending a return. Unauthorized returns may be refused.
11.3 Nonreturnable items
Unless required by law or expressly agreed otherwise, returns are not available for:
- commissioned or specially fabricated artworks;
- personalized or made-to-order Goods;
- custom-framed or custom-mounted works;
- Goods altered or installed at your request;
- items marked Final Sale;
- digital products or services that have been delivered; or
- Goods damaged after risk passed to you.
11.4 Return costs and refunds
Unless the item was damaged before risk passed to you, materially different from its written description, or sent in error:
- you are responsible for return packing, shipping, insurance, duties, and related expenses; and
- the original shipping and packing charges are nonrefundable.
Risk remains with you until the returned item is received and inspected by KB Fine Art.
Approved refunds will generally be issued to the original payment method within 10 business days after inspection. Your bank or payment provider may require additional processing time.
We may deduct an amount reflecting damage or diminished value caused by handling beyond what was reasonably necessary to inspect the item, to the extent permitted by law.
11.5 Damaged, incorrect, or materially misdescribed Goods
If you receive the wrong item or believe that an item was damaged before delivery or materially differs from its written description, contact us promptly with photographs and your order information.
Depending on the circumstances, we may offer repair, replacement, return, refund, or another appropriate remedy. Nothing in these Terms limits rights or remedies that cannot legally be waived.
12. Certificates, Authenticity, and Provenance
Where customary or legally required, KB Fine Art will provide an invoice, certificate of authenticity, or other documentation identifying relevant details about an artwork.
For editioned works and fine-art multiples, documentation may include:
- the artist’s name;
- title and date;
- medium or production process;
- dimensions;
- signature information;
- edition number and edition size;
- artist’s, publisher’s, or other proofs;
- whether the work is a reproduction;
- production date;
- posthumous production information where relevant; and
- other disclosures required by applicable law.
Any statement or warranty required by law remains fully effective and is not disclaimed by these Terms.
Provenance information is provided based on information reasonably available to KB Fine Art. A provenance may be incomplete, and previous owners’ identities may be withheld for legitimate confidentiality or privacy reasons.
A certificate of authenticity does not constitute an appraisal or a guarantee of future value, marketability, investment performance, or resale price.
13. Copyright and Other Intellectual-Property Rights
Purchasing an artwork transfers ownership of the physical object only. It does not transfer copyright, trademark, moral rights, publicity rights, or other intellectual-property rights unless a separate written assignment expressly states otherwise.
Subject to applicable law, you may lawfully possess and display the physical artwork. You may not, without written permission from the applicable rights holder:
- reproduce or publish the artwork for commercial purposes;
- create prints, products, merchandise, or derivative works;
- license an image of the artwork;
- use the artwork in advertising or branding;
- mint, tokenize, or commercially exploit the artwork as an NFT or other digital asset; or
- falsely imply sponsorship or endorsement by KB Fine Art or the artist.
Incidental, personal, and noncommercial photographs may be permitted unless the listing, artist, venue, or applicable rights holder states otherwise.
All Website content—including photographs, text, graphics, logos, videos, catalog materials, and design—is owned by or licensed to KB Fine Art and is protected by intellectual-property laws.
14. Artwork-Specific Purchase and Resale Restrictions
Certain primary-market artworks or limited editions may be subject to purchase restrictions intended to promote responsible placement and discourage immediate speculative resale.
These restrictions apply only when they are clearly disclosed before purchase in the listing, invoice, or separate written agreement. They may include:
- one work from an edition per person or household;
- a prohibition on purchases for an undisclosed dealer or reseller;
- a representation that the work is being acquired for the buyer’s collection rather than immediate resale;
- a restriction on offering the work for resale for a specified period; or
- a requirement to offer KB Fine Art a reasonable first opportunity to repurchase or place the work before a proposed resale.
If a restriction applies, it will state its duration and material conditions. KB Fine Art may refuse future transactions or pursue remedies permitted by the applicable agreement and law if a buyer knowingly circumvents an agreed restriction.
Unless expressly stated before purchase, these Terms do not create a general prohibition against lawful resale.
15. Art Advisory and Market Information
Any curatorial recommendation, artist information, price commentary, market observation, or collecting guidance provided by KB Fine Art represents an opinion and is offered for informational purposes.
KB Fine Art does not provide investment, financial, tax, accounting, or legal advice. Art markets can be unpredictable, and we do not guarantee that any artwork will maintain or increase its value.
You should obtain independent professional advice when appropriate.
16. Privacy
Personal information collected through the Website, inquiries, appointments, purchases, shipping, and compliance checks will be handled in accordance with the KB Fine Art Privacy Policy.
By submitting an order, you authorize us to provide necessary information to payment processors, banks, artists’ studios, consignors, shipping providers, insurers, customs brokers, compliance providers, and other parties reasonably involved in processing or fulfilling the transaction.
17. Website and Service Disclaimers
The Website is provided on an “as available” basis. We do not guarantee that it will always be uninterrupted, secure, current, or error-free.
To the fullest extent permitted by law, KB Fine Art disclaims implied warranties relating solely to the Website, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
This disclaimer does not limit:
- express warranties contained in an invoice or certificate;
- warranties or disclosures required in connection with the sale of fine art;
- your rights concerning title, authenticity, damaged Goods, or materially inaccurate descriptions; or
- any warranty or consumer right that cannot lawfully be excluded.
18. Limitation of Liability
To the fullest extent permitted by law, KB Fine Art will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business opportunities, or loss of anticipated appreciation in value.
For claims arising from the purchase of Goods, KB Fine Art’s aggregate liability will not exceed the amount you paid for the affected Goods, including amounts that applicable law requires us to refund.
These limitations do not apply to liability resulting from:
- fraud or fraudulent misrepresentation;
- gross negligence or willful misconduct;
- death or personal injury caused by negligence;
- breach of title;
- express warranties required by applicable fine-art laws; or
- any liability that cannot lawfully be excluded or limited.
19. Events Beyond Our Reasonable Control
KB Fine Art will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, government action, sanctions, epidemics, labor disputes, transportation interruptions, customs delays, carrier failures, power outages, cyberattacks, or failures of third-party systems.
If such an event materially delays performance, we will communicate with you and provide available options consistent with applicable law.
20. Governing Law and Disputes
These Terms and transactions governed by them are governed by the laws of the State of California, without regard to conflict-of-law principles.
Subject to any mandatory consumer rights, the state and federal courts located in San Francisco, California, will have exclusive jurisdiction over disputes arising from these Terms or a purchase from KB Fine Art.
If you reside outside California, nothing in this section deprives you of mandatory consumer protections that apply under the law of your place of residence and cannot lawfully be waived.
Before filing a claim, the parties agree to make a reasonable good-faith effort to resolve the dispute by contacting one another and discussing a practical resolution.
21. General Provisions
Entire agreement
These Terms, the applicable listing, invoice, return policy, privacy policy, and any transaction-specific written agreement constitute the entire agreement concerning the transaction.
Severability
If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
No waiver
A failure or delay in enforcing a provision does not waive the right to enforce it later.
Assignment
You may not assign an accepted order or your rights under these Terms without our written consent. KB Fine Art may assign its rights and obligations in connection with a merger, restructuring, sale of the business, or transfer of the applicable artwork or agreement.
Electronic communications
You consent to receiving transaction-related communications electronically. Electronic acceptances, confirmations, invoices, and records may be treated as written communications and signatures to the extent permitted by law.
Artists and consignors
Artists, artists’ estates, studios, and consignors may enforce provisions that expressly protect their intellectual-property rights or transaction-specific purchase restrictions.
Changes to these Terms
We may revise these Terms from time to time. Changes apply to future Website use and future transactions. The version in effect when an order is accepted will govern that order unless the parties agree otherwise in writing.
22. Contact Us
Questions about these Terms, an order, or a return may be directed to:
KB Fine Art
Address: 178 Townsend, San Francisco, CA 94107 United States
Email: kate@kbfart.com
Telephone: +1 650 696 0182