Terms of Sale

Since founding the company in 1979, David Cook has cultivated and grown his successful business by establishing and maintaining long term clientele.  This relatively simple philosophy remains paramount to David and his staff.  With the intent to build a lasting relationship, we tailor our sales and acquisitions to meet the specific needs of our clients. 

The following information is our standard practice, however, the human element often requires that we adapt our policy and we are always open to developing new ways to better serve our clients.  If you have any questions about purchasing or selling to the gallery, we welcome the opportunity to speak with you.

Terms of Sale:

Purchasing works based on a photograph is a daunting and sometimes risky endeavor.  Our primary goal is to ensure that buyers are completely satisfied with all purchases made from our gallery.  Therefore, we offer a seven day "approval" period with all purchases.  During this time, David Cook Galleries will offer a full refund (less applicable return shipping) within seven days of purchase (or delivery of purchase if shipped to Purchaser).

Further, we understand that collecting preferences and life situations change and evolve over time.  With this in mind, following the initial seven day "approval" period, returned objects (in same condition) may be exchanged for trade credit towards future purchase or consigned into the gallery at a net of no less than the purchase price.  In many instances, in addition to recouping the initial investment, we will return a profit to our clients.

David Cook Galleries assumes all risk of loss (transit insurance) until the buyer receives property intact.  Under no circumstances does the title ever transfer before the seller receives payment in full.  If shipped outside of the city and county of Denver and/or the state of Colorado, all applicable state and local use taxes due are the sole responsibility of the buyer.

Terms of Consignment:

Consignor hereby represents by signing this agreement that the seller is the owner of the item or items (described on page 1), and that the Consignor has the right and the authority to authorize David Cook Galleries to sell the same.  Consignor agrees to defend, indemnify and hold David Cook Galleries harmless from any costs, expenses, liabilities and damages, including reasonable attorney’s fees, that it may suffer or incur as a result of any claims made that the Consignor did not have authority to sign this agreement and/or authorize David Cook Galleries to sell the item(s).  Title to the item(s) consigned and delivered to David Cook Galleries shall remain with the Consignor until sold to a customer, the customer has paid David Cook Galleries in full, and David Cook Galleries has paid the Consignor in full.  Only after all these conditions have been satisfied will title transfer from the consignor to the customer. 

David Cook Galleries shall have sole discretion in merchandising all consigned property and shall offer the property for sale at a price established in its sole discretion.  However, David Cook  Galleries agrees not to sell the item(s) for less than the Minimum Price set by the Consignor (listed next to the item on page 1).  The balance of the amount realized from the sale will be paid to Consignor within 30 days of receipt of payment in full from the customer(s).

David Cook Galleries shall insure all item(s) listed on page 1 for the minimum net due the Consignor while the item(s) are in its care and custody.

Terms of Purchase:

Seller hereby represents by signing this agreement that the seller is the owner of the item or items (described on page 1), and that the Seller has the right and the authority to sell the item(s) to David Cook Galleries.  Seller agrees to defend, indemnify and hold David Cook Galleries harmless from any costs, expenses, liabilities and damages, including reasonable attorney’s fees, that it may suffer or incur as a result of any claims made that the Seller did not have authority to sign this agreement and/or transfer ownership to David Cook Galleries.

Choice of Law:

This agreement shall be governed by the law of the State of Colorado