SHIPPING TERMS & CONDITIONS

 

 

 

ART CONTINUM

Operated by The Akari Group LLC
www.artcontinum.com

Effective Date: 29th of October 2025
Last Updated: 29th of October 2025

 

 

 

ACCEPTANCE OF TERMS

By completing a purchase on the platform operated by The Akari Group LLC, a Delaware limited liability company, doing business as ("d/b/a") Art Continum ("Platform"), you ("Buyer," "you") agree to these Shipping Terms & Conditions ("Shipping Terms"). These Shipping Terms govern all shipments of artwork, craft, cultural artifacts, textiles, collectibles, and cultural heritage objects purchased through the Platform.

The Akari Group LLC operates in Ghana through its affiliated entity The Akari Group Limited (Ghana), which acts as LLC's agent for shipping coordination, local operations, and artist relations in Ghana. All contracts are with The Akari Group LLC.

If you do not agree to these Shipping Terms, you may not complete your purchase.

 

1. SHIPPING CARRIERS

1.1 Carrier Selection. Art Continum selects the shipping carrier at its sole discretion based on destination, package specifications, and service availability. Primary carriers include:

  • DHL Express (international and express shipments)
  • Ghana Post (domestic Ghana shipments)
  • UPS (limited circumstances)

1.2 No Carrier Guarantee. Art Continum does not guarantee use of any specific carrier. The carrier listed at checkout is subject to change without notice based on operational requirements.

1.3 Routing Discretion. Buyer agrees to all routing and diversion decisions made by Art Continum or its chosen carrier, including intermediate stopping places, transshipment points, and alternative routes.

 

2. SHIPPING CHARGES & INSURANCE

2.1 Shipping Costs. Shipping costs are calculated at checkout based on destination, package weight, dimensions, and carrier rates. All shipping costs are borne by Buyer and added to the total purchase price.

2.2 Insurance Coverage.

  • Items valued at $1,000 USD or more: Automatically insured by Art Continum at no additional cost to Buyer. Insurance covers loss or damage during transit up to the purchase price of the item.
  • Items valued below $1,000 USD: Standard carrier liability applies as described in Section 7 below. Additional insurance not available.

2.3 Re-Weighing and Re-Measurement. Art Continum and its carriers reserve the right to re-weigh and re-measure any shipment to confirm accurate calculation of shipping charges. If the actual weight or dimensions exceed the original estimate by more than 10%, Buyer will be notified and charged for the additional shipping costs. Additional charges will not exceed 10% of the original shipping quote unless Buyer provides explicit approval for higher charges.

2.4 Currency. All shipping charges are calculated and billed in USD.

 

3. DELIVERY & TRACKING

3.1 Tracking Information. Art Continum will provide tracking information via email once the shipment has been dispatched. Buyer is responsible for monitoring the shipment using the tracking number provided.

3.2 Delivery Address. Buyer must provide a complete and accurate delivery address. Art Continum is not responsible for delays, non-delivery, or return costs resulting from incorrect, incomplete, or improperly formatted addresses.

3.3 Delivery to Address, Not Person. Shipments are delivered to the address provided by Buyer but not necessarily to the named recipient personally. Deliveries to addresses with central receiving areas (apartment buildings, office complexes) will be delivered to that central area.

3.4 PO Boxes. Shipments cannot be delivered to PO boxes or postal codes only. A complete street address is required.

3.5 Signature Requirements.

  • Items valued at $1,000 USD or more: Signature required upon delivery. Courier will not leave package without signature confirmation.
  • Items valued below $1,000 USD: Signature requirements determined by carrier policy and destination.

3.6 Delivery Timeframes. Estimated delivery times provided at checkout are estimates only and are not guaranteed. Actual delivery may vary due to customs clearance, courier delays, weather, or force majeure events. Art Continum is not liable for delays in delivery.

3.7 Missed Deliveries. If Buyer is not available to receive the shipment, the carrier will make reasonable attempts to re-deliver or hold the package for collection. Buyer must contact the carrier directly to arrange re-delivery or collection.

 

4. CUSTOMS, DUTIES & TAXES

4.1 International Shipments. For international shipments, import duties, customs fees, taxes, and any other charges imposed by the destination country are the sole responsibility of the Buyer.

4.2 Customs Clearance. Art Continum or its carrier may act as Buyer's agent for customs clearance purposes, including completing necessary documents and advancing customs duties on Buyer's behalf. Buyer authorizes Art Continum to perform these activities.

4.3 Customs Fees Reimbursement. If Art Continum or its carrier advances any customs duties, taxes, or fees on Buyer's behalf, Buyer agrees to reimburse Art Continum immediately upon demand.

4.4 Customs Delays or Seizures. Art Continum is not responsible for delays, seizures, confiscations, or rejections by customs authorities. Buyer is responsible for ensuring compliance with all import regulations in their jurisdiction.

4.5 Restricted Items. Buyer is responsible for ensuring the item can be legally imported into the destination country. Art Continum makes no representations regarding the legality of importing any item into any jurisdiction.

4.6 No Refunds for Customs Issues. If a shipment is rejected, seized, destroyed, or returned by customs, Art Continum is not obligated to issue a refund. Buyer remains responsible for all shipping and customs costs incurred.

 

5. INSPECTION RIGHTS

5.1 Right to Inspect. Art Continum and its carriers reserve the right to open and inspect any shipment without prior notice for safety, security, customs, or regulatory compliance reasons.

5.2 Prohibited Items. Shipments may not contain prohibited or restricted items including but not limited to: firearms, ammunition, explosives, illegal drugs, counterfeit goods, cash, live animals, human remains, or hazardous materials. If any shipment is found to contain prohibited items, Art Continum may refuse to ship, dispose of, or report the item to authorities.

 

6. UNDELIVERABLE SHIPMENTS

6.1 Undeliverable Circumstances. A shipment is deemed undeliverable if:

  • The delivery address is incorrect, incomplete, or cannot be located
  • Buyer refuses delivery or refuses to pay customs duties or fees
  • Buyer cannot be reasonably identified or contacted
  • The shipment is prohibited or restricted by law
  • Customs authorities reject or seize the shipment

6.2 Return Efforts. If a shipment is undeliverable, Art Continum will use reasonable efforts to return the shipment to Art Continum's premises in Ghana. All return shipping costs are borne by the Buyer.

6.3 Disposal Rights. If it is not possible or economically feasible to return an undeliverable shipment, Art Continum may, at its sole discretion:

  • Abandon the shipment
  • Dispose of the shipment (if damaged or without commercial value)
  • Sell the shipment to recover costs, with net proceeds (after deducting all shipping, storage, and handling costs) returned to the artist
  • Release the shipment to a third party

Art Continum incurs no liability to Buyer for any such actions. If a shipment is sold, Art Continum will provide an accounting of sale proceeds and costs to the artist within 30 days.

6.4 No Refunds for Undeliverable Shipments. Buyer is not entitled to a refund if a shipment is undeliverable due to Buyer's failure to provide accurate information, refusal of delivery, non-payment of customs duties, or any other reason within Buyer's control.

 

7. LIABILITY & LIMITATIONS

7.1 Limited Carrier Liability. For shipments not covered by Art Continum insurance (items under $1,000 USD), liability is limited by the applicable carrier's terms and conditions:

  • DHL/UPS (International Air): Limited by Montreal Convention or Warsaw Convention to 26 Special Drawing Rights per kilogram (approximately $35 USD per kg, subject to currency fluctuations)
  • DHL/UPS (Road): Limited by CMR Convention to 8.33 Special Drawing Rights per kilogram (approximately $11 USD per kg, subject to currency fluctuations)
  • Ghana Post: Limited by Ghana Postal Service terms (typically minimal coverage)

Special Drawing Right (SDR) conversion rates fluctuate. Liability limits are calculated based on SDR exchange rates at the time of claim.

7.2 Art Continum Insurance (Items ≥$1,000 USD). For items valued at $1,000 USD or more, Art Continum provides insurance coverage up to the purchase price of the item for loss or damage during transit. This insurance does not cover:

  • Indirect, consequential, or punitive damages
  • Loss of profits, income, or business opportunity
  • Delays in delivery
  • Customs seizures, rejections, or fees
  • Damage caused by inadequate packaging (if provided by Buyer)
  • Damage occurring after delivery is completed

7.3 No Liability for Delays. Art Continum is not liable for any damages, losses, or expenses resulting from delays in delivery, regardless of cause. Estimated delivery times are not guaranteed.

7.4 Exclusion of Consequential Damages. Art Continum's liability is strictly limited to direct loss or damage to the shipment only. Art Continum is not liable under any circumstances for indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Lost profits, income, interest, or future business
  • Opportunity costs or business interruption
  • Reputational damage
  • Emotional distress or inconvenience
  • Cost of substitute goods or services

7.5 Maximum Liability. Art Continum's total liability for any claim related to a shipment shall not exceed the lower of: (i) the purchase price paid by Buyer for the item, or (ii) the applicable carrier liability limit per kilogram as specified in Section 7.1.

7.6 Force Majeure. Art Continum is not liable for loss, damage, delay, or non-performance caused by circumstances beyond its reasonable control, including but not limited to:

  • Acts of God (earthquake, flood, storm, hurricane, fire)
  • War, terrorism, civil unrest, riots, or insurrection
  • Government actions, sanctions, embargoes, or regulations
  • Strikes, labor disputes, or industrial action
  • Pandemic, epidemic, or public health emergency
  • Carrier failures, plane crashes, or transportation accidents
  • Customs delays, inspections, or seizures
  • Power outages, cyber-attacks, or technological failures

 

8. BUYER OBLIGATIONS

8.1 Accurate Information. Buyer must provide accurate and complete delivery information including recipient name, street address, city, postal code, country, and contact phone number.

8.2 Monitoring Shipment. Buyer is responsible for monitoring the shipment using the tracking information provided and for contacting the carrier directly to resolve delivery issues.

8.3 Accepting Delivery. Buyer or an authorized recipient must accept delivery and sign for the shipment (if signature required). Refusal to accept delivery may result in forfeiture of return rights and reimbursement obligations for return shipping costs.

8.4 Immediate Inspection. Buyer must inspect the shipment immediately upon delivery. Any damage, defects, or discrepancies must be reported to Art Continum within 24 hours of signing for delivery with photographic evidence (multiple angles). See Platform Terms of Service for full return policy.

8.5 Customs Compliance. Buyer is responsible for complying with all import regulations, obtaining necessary permits, and paying all customs duties and taxes in the destination country.

 

9. CLAIMS FOR LOSS OR DAMAGE

9.1 Claims Deadline. All claims for loss or damage during transit must be submitted in writing to Art Continum within 30 days from the date Art Continum accepted the shipment for delivery. Claims submitted after 30 days will not be accepted, and Art Continum will have no liability whatsoever.

9.2 Claims Process. To file a claim, Buyer must:

  • Submit a written claim to info@artcontinum.com
  • Provide photographic evidence of damage (if applicable)
  • Provide the original packaging (if applicable)
  • Provide tracking number and delivery confirmation
  • Cooperate with any investigation by Art Continum or its carrier

9.3 Claims Settlement. Settlement of any claim constitutes full and final settlement for all loss, damage, or delay in connection with the shipment. Buyer may not pursue additional claims after settlement.

9.4 Damaged Packaging. If the outer packaging is damaged upon delivery, Buyer must note this damage on the delivery receipt and photograph the damage immediately. Failure to do so may void any claim for concealed damage.

 

10. PACKAGING

10.1 Art Continum Packaging. Art Continum will package all items with reasonable care using appropriate materials for the shipment type and destination.

10.2 No Liability for Packaging Defects. Art Continum is not liable for damage resulting from inherent defects in the item (fragility, material instability) or characteristics related to the nature of the item, even if Art Continum was aware of such characteristics.

10.3 Artwork Condition. Artwork is packaged based on its condition at the time of shipment. Pre-existing damage, wear, or imperfections are not covered by shipping insurance or carrier liability.

 

11. REFUSAL OF SERVICE

11.1 Right to Refuse. Art Continum reserves the right to refuse or cancel any shipment at any time for any reason, including but not limited to:

  • Suspicious, fraudulent, or high-risk transactions
  • Prohibited or restricted items
  • Destinations subject to sanctions or embargoes
  • Items that cannot be safely or legally transported
  • Incomplete or inaccurate shipping information
  • Buyer's failure to pay customs duties or fees

11.2 No Liability for Refusal. Art Continum incurs no liability for refusing or canceling any shipment.

 

12. THIRD-PARTY CARRIERS

12.1 Independent Contractors. All shipping carriers (DHL, Ghana Post, UPS, etc.) are independent contractors, not agents or employees of Art Continum.

12.2 Carrier Terms Apply. Shipments are subject to the carrier's own terms and conditions of carriage, which may impose additional limitations on liability, claims procedures, or prohibited items. Buyer agrees to be bound by such carrier terms.

12.3 No Liability for Carrier Actions. Art Continum is not liable for the acts, errors, omissions, delays, or negligence of any carrier or their employees.

 

13. LOST OR STOLEN PACKAGES

13.1 Proof of Delivery. If tracking shows "delivered" and signature obtained (if required), the shipment is deemed successfully delivered. Art Continum is not responsible for packages stolen after delivery.

13.2 Buyer Responsibility. Buyer is responsible for ensuring a secure delivery location. For items under $1,000 USD where signature is not required, Art Continum strongly recommends Buyer request signature confirmation or arrange delivery to a secure location (workplace, secure package locker, etc.) to prevent theft.

13.3 Stolen Package Claims. Claims for stolen packages after successful delivery will not be accepted. If a package is marked "delivered" but Buyer did not receive it:

  • Buyer should first check with neighbors, building management, or household members
  • Check all possible delivery locations (side door, back porch, mailroom)
  • Contact the carrier directly to request delivery photo or additional information
  • File a police report if theft is suspected
  • Contact Buyer's homeowner's or renter's insurance provider

Art Continum is not liable for theft occurring after carrier confirms successful delivery.

 

14. RETURNS & EXCHANGES

14.1 Return Policy. Returns and exchanges are governed by the Platform Terms of Service, not these Shipping Terms. See Platform Terms of Service for the full return policy (24-hour window after signing for delivery).

14.2 Return Shipping Costs. If Buyer requests a return within the applicable return window, Buyer is responsible for all return shipping costs to Ghana. Art Continum will provide a return shipping address.

14.3 Return Condition. Returned items must be in the same condition as delivered, with original packaging. Items returned in damaged or altered condition are not eligible for refund.

14.4 Return Insurance. Buyer is responsible for insuring return shipments at their own expense. Art Continum is not liable for loss or damage to items during return transit.

 

15. GOVERNING LAW & DISPUTE RESOLUTION

15.1 Governing Law. These Shipping Terms are governed by the laws of Ghana without regard to conflict of law principles.

15.2 Jurisdiction. The Akari Group LLC submits to the jurisdiction of Ghana for purposes of these Shipping Terms.

15.3 Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Shipping Terms shall be resolved through binding arbitration in Accra, Ghana under the Ghana Arbitration Act before any court proceedings.

15.4 Arbitration Process.

  • Arbitration administered by the Ghana Arbitration Centre or mutually agreed arbitrator
  • Arbitration costs split equally between parties
  • Arbitrator's decision is final and binding
  • Each party bears its own legal fees

15.5 Class Action Waiver. Disputes must be brought on an individual basis. Class actions, class arbitrations, or representative actions are not permitted.

 

16. MODIFICATIONS TO TERMS

Art Continum reserves the right to modify these Shipping Terms at any time. Changes will be posted on the Platform with an updated "Last Updated" date. Continued use of shipping services after modifications constitutes acceptance of the updated Shipping Terms.

 

17. SEVERABILITY

If any provision of these Shipping Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

 

18. ENTIRE AGREEMENT

These Shipping Terms, together with the Platform Terms of Service, constitute the entire agreement between Buyer and Art Continum regarding shipping services and supersede all prior agreements or understandings.

 

19. CONTACT INFORMATION

For questions or concerns regarding shipments:

Art Continum
Operated by The Akari Group LLC

Email: info@artcontinum.com
Phone (Ghana): +233 55 138 7800
Phone (US): +1 (302) 257 6061

Mailing Addresses:

Ghana:
Independence Avenue, Ridge
Mövenpick Ambassador Hotel Accra
Presidential Floor
Accra, Ghana

United States:
1111B S Governors Ave STE 40422
Dover, DE 19904
United States

 

20. ACKNOWLEDGMENT

By completing your purchase and accepting these Shipping Terms at checkout, you acknowledge that you have read, understood, and agree to be bound by these Shipping Terms & Conditions.

 

© 2025 The Akari Group LLC. All rights reserved.

Art Continum is operated by The Akari Group LLC through its affiliate The Akari Group Limited (Ghana).

END OF SHIPPING TERMS & CONDITIONS