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HomePublic Offer Agreement

Public Offer Agreement

Last Updated: 1 November 2025
Effective Date: Immediate upon publication
Issued by: Pro Capital Art Ltd. (“PCA”, “Company”, “We”, “Us”, or “Our”)
Website: https://procapitalart.com

1. GENERAL PROVISIONS

1.1. This Public Offer Agreement (“Agreement” or “Offer”) constitutes a legally binding public offer by Pro Capital Art Ltd., addressed to any capable individual or legal entity (“Customer”, “Buyer”, or “You”), to conclude a contract for the purchase of artworks, collectibles, and antiques through the online platform https://procapitalart.com

1.2. In accordance with applicable legislation of the United Kingdom and the European Union governing electronic commerce and consumer rights, this Offer is deemed accepted once the Customer performs any of the following actions:

  • submits an order via the Website interface;

  • completes payment for an item;

  • confirms acceptance of these Terms during checkout;

  • or otherwise expresses consent to this Agreement electronically.

1.3. From the moment of acceptance, this Agreement acquires full legal force and shall be considered a valid contract concluded remotely between the Buyer and the Seller.

2. DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings ascribed below:

  • “Website” - the online platform operated by PCA at https://procapitalart.com, used for showcasing and selling artworks, antiques, and related services.

  • “Seller” / “Company” - Pro Capital Art Ltd., the lawful owner and operator of the Website.

  • “Customer” / “Buyer” - any natural or legal person who places an order through the Website.

  • “Product” / “Item” - artwork, collectible, sculpture, or antique offered for sale on the Website.

  • “Order” - a duly completed electronic request by the Buyer to purchase one or more Products.

  • “Delivery” - the physical transfer of Products to the Customer through a courier or postal service.

  • “Price” - the monetary value of a Product as displayed on the Website at the time of ordering.

  • “Payment” - the transfer of funds by the Buyer to the Seller in exchange for the Product.

All terms shall be interpreted in accordance with the context and applicable consumer protection law.

3. SUBJECT OF THE AGREEMENT

3.1. The Seller undertakes to transfer ownership of the selected Product(s) to the Buyer, and the Buyer undertakes to accept and pay for such Product(s) in accordance with the terms and conditions of this Agreement.

3.2. Each Product displayed on the Website constitutes an invitation to make an offer, not a direct offer for sale. The final contract is concluded only upon Seller’s confirmation of order acceptance.

3.3. Product descriptions, images, and specifications are provided for informational purposes. Minor discrepancies in color, tone, or proportion between digital images and the actual item do not constitute non-compliance or grounds for return.

3.4. All artworks and antiques sold by PCA are accompanied by appropriate documentation and, where applicable, certificates of authenticity issued by verified experts or galleries.

4. ORDERING PROCEDURE

4.1. Orders are placed through the Website by completing the designated checkout process.

4.2. The Customer is responsible for providing accurate personal data, delivery details, and payment information. PCA shall not be held liable for errors resulting from incorrect or incomplete information provided by the Buyer.

4.3. After receiving an order, the Company shall send an electronic confirmation to the Customer’s registered email address. This confirmation shall signify the Seller’s acceptance of the Customer’s offer and the formation of a legally binding contract.

4.4. PCA reserves the right to reject any order in the following cases:

  • the Product is out of stock or withdrawn from sale;

  • the Buyer has a history of fraudulent or non-compliant transactions;

  • the payment could not be verified or was declined by the payment processor;

  • force majeure circumstances preventing fulfillment.

5. PRICE AND PAYMENT TERMS

5.1. All prices are displayed in GBP (£) or another currency as indicated on the Website and are inclusive of applicable VAT (if any), unless otherwise stated.

5.2. The total price of an order includes the cost of the Product, packaging, shipping, and applicable customs duties or insurance, where specified during checkout.

5.3. Payment shall be made through the secure payment systems integrated into the Website. PCA accepts major credit/debit cards and other payment methods explicitly listed during checkout.

5.4. Ownership of the Product transfers to the Customer only after full payment has been received and cleared into the Company’s account.

5.5. The Company reserves the right to change prices without prior notice; however, confirmed orders will not be affected by subsequent price adjustments.

6. DELIVERY AND TRANSFER OF OWNERSHIP

6.1. PCA arranges delivery of Products through reputable logistics providers, ensuring professional handling and adequate insurance.

6.2. Estimated delivery timeframes are displayed during checkout and may vary depending on destination, customs processing, or force majeure.

6.3. Risk of accidental loss or damage passes to the Buyer upon physical receipt of the Product.

6.4. The Buyer shall inspect the Product upon delivery and immediately notify PCA of any visible damage, discrepancies, or missing components within 48 hours of receipt. Failure to report such issues within the stated period constitutes acceptance of the Product’s condition.

7. RETURN, REFUND, AND CANCELLATION POLICY

7.1. Returns and refunds are governed by the Company’s Refund & Returns Policy, which forms an integral part of this Agreement.

7.2. Due to the unique and irreplaceable nature of artworks and antiques, the right of withdrawal under the Consumer Contracts Regulations may be limited or excluded, particularly for:

  • made-to-order or custom-commissioned items;

  • items expressly sold “as is” or antique objects with age-related imperfections;

  • digital reproductions or downloads.

7.3. Refunds, where applicable, shall be processed to the original payment method within 14 business days of return approval.

8. REPRESENTATIONS AND WARRANTIES

8.1. PCA guarantees that all items sold are authentic to the best of its knowledge and have been lawfully acquired for sale.

8.2. The Company does not provide warranties beyond those expressly stated in this Agreement or applicable law.

8.3. The Buyer acknowledges that variations in age, patina, or wear inherent to antique or handmade items do not constitute defects.

9. LIABILITY LIMITATION

9.1. PCA shall not be liable for:

  • delays or delivery failures caused by carriers, customs, or force majeure events;

  • damage resulting from improper handling or storage by the Buyer;

  • subjective dissatisfaction (e.g., aesthetic preference).

9.2. The Company’s total liability in connection with any transaction shall not exceed the total purchase price of the Product concerned.

9.3. Neither Party shall be liable for indirect, incidental, or consequential damages arising out of or in connection with this Agreement.

10. INTELLECTUAL PROPERTY

10.1. All Website materials, including images, texts, trademarks, and design elements, are the intellectual property of PCA or respective licensors.

10.2. Any reproduction, distribution, or use of such materials without prior written consent of the Company is strictly prohibited.

11. FORCE MAJEURE

11.1. PCA shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, wars, embargoes, pandemics, labor disputes, government restrictions, or failure of third-party suppliers.

11.2. In such cases, obligations shall be suspended until the cessation of force majeure, with immediate notice provided to the Buyer.

12. CONFIDENTIALITY AND DATA PROTECTION

12.1. PCA processes personal data strictly in accordance with its Privacy Policy and applicable data protection laws, including the UK Data Protection Act 2018 and GDPR.

12.2. By accepting this Agreement, the Buyer consents to the processing and use of personal data for order fulfillment, communication, and legal compliance purposes.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict-of-law principles.

13.2. In the event of a dispute, the Parties shall first attempt to resolve the matter amicably through negotiation or mediation (Alternative Dispute Resolution – ADR).

13.3. If resolution cannot be achieved within 30 calendar days, the dispute shall be submitted to the competent court of the United Kingdom, whose decision shall be final and binding.

14. FINAL PROVISIONS

14.1. This Agreement, together with the Privacy Policy, Cookie Policy, and Refund & Returns Policy, constitutes the entire legal understanding between the Parties regarding the sale and purchase of Products.

14.2. PCA reserves the right to amend the terms of this Public Offer at any time. Updated versions shall become effective immediately upon publication on the Website.

14.3. Continued use of the Website or placement of new orders after publication of changes constitutes acceptance of the revised terms.

14.4. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.5. The English version of this Agreement shall prevail in case of translation discrepancies.

15. CONTACT DETAILS

For all communications relating to this Public Offer Agreement:

Pro Capital Art Ltd.
Email: info@procapitalart.com
Website: https://procapitalart.com