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By Emma Blane |

03 Sep 2025

Miniature ‘Peintresses’ of the Exiled Stuart Court

In 1688, the Glorious Revolution led to the expulsion of James VII/II (1633-1701) by his daughter, Mary II (1662-1694), and her husband, William of Orange (1650-1702). James and the next two generations of Stuart Claimants to the English Throne would live on the continent, first based in France under the protection of Louis XIV, and then in Rome. 

Under James II, the family lived in France. Upon his death in 1701, his eleven-year-old son, James Francis Edward Stuart (1688-1766), was declared the King of England by Louis XIV. In England and Scotland, he became known as ‘The Pretender’ [1] by Whigs, and ‘The King Over the Water’ by his Jacobite supporters. In 1718, following an unsuccessful invasion of Scotland to reclaim the throne in 1715, James moved his family to Italy, where they settled in Rome. It was here that his two sons, Charles Edward Stuart (1720-1788) and Henry Benedict Stuart (1725-1807), were born. It was Charles who gained the most attention out of the two sons, becoming known as ‘The Young Pretender’ by the Whigs and ‘Bonnie Prince Charlie’ by the Jacobites. He would remain on the continent  throughout his life, except for an unsuccessful attempt to invade the United Kingdom in 1745. His brother, Henry, turned to Religion instead of royalty and became a Cardinal, one of the longest serving in history. Neither brother had legitimate children [2], and the Stuart line ended with the death of Henry in 1807. 

During this period of exile, portraiture became an important mode through which the Stuarts could exert and maintain their influence amongst Jacobite circles in England and Scotland. There had been six monarchs of England and Scotland, and then the United Kingdom (after the Act of Union under Queen Anne (1702-1714)), during this time. Portrait miniatures especially became an important method through which visual representations of the Stuarts could be brought into England, given their size and portability. Recently, a portrait miniature of the Old Pretender was sold through The Limner Company. The portrait of James has been attributed to Anne Marie Belle (Née Chéron) (1663-1718), which instantly sheds light on a particular fact about art in the court of the exiled Stuarts: the presence of a distinctly large number of female miniaturists being patronised by the court. 

The fact that these artists, each discussed in more detail below, were working for the exiled court is not unknown, and their work is recorded in both the Stuart Papers [3] and more recent secondary literature on the subject, such as the works by Edward T Corp [4]. However, there has been no writing dedicated only to the female artists working within the court. This is by no means a comprehensive study of these artists, but an attempt to dedicate more time to researching their lives and works. 

N.B. I will refer to James Francis Edward Stuart as ‘The Old Pretender’, and his son, Charles, as ‘The Young Pretender’ throughout the blog, for ease. 

Female miniature painters at the Stuart Court in France 

Upon their exile from England, James II and the (now ex-) Queen Consort Mary of Modena were welcomed to France by James’s 2nd Cousin, Louis XIV. Known as ‘the Sun King’, they arrived at an extravagant and probably somewhat overwhelming court. Distanced from Britain, it was important for the exiled rulers to establish some authority in their new home. Corp (2001) has argued that some of the first portraits produced for the exiled court, executed by Nicholas de Largillière (1656-1746) and Benedetto Gennari (1633-1715), were intended to promote a sense of pomp and circumstance, and to prove that James II still meant business [6]. 

At this point, James Francis (our Old Pretender) was still a baby. He featured in some of these royal portraits, including one by de Largillière (fig.1), in which he is depicted alongside his younger sister, Princess Louise-Maria (1792-1812). In this early period, many of the portraits being commissioned were by these male court artists. However, as the 18th century rolled in, the first female court artists began to appear, following the death of James II in 1701. In the same year, the court painter Alexis-Simon Belle (1674-1734) married Anne Marie Belle (née Chéron) (1663-1718). It is with Chéron that we will begin this brief survey of the female artists at the court and the work they produced. 



Fig. 1: NICHOLAS DE LARGILLIÈRE (1656-1746), Prince James Francis Edward Stuart; Princess Louisa Maria Theresa Stuart, oil on canvas, 1695. National Portrait Gallery, London, NPG 976. 

Anne Chéron (later Belle) (1663-1718)

Very little about the life of Anne is recorded outside of the miniatures that she is known to have painted of the exiled Stuarts. Her maiden name can be connected to the artistic Chéron family. She had at least two siblings, Elizabeth (1648-1711) and Louis (1660-1625), who were successful artists in their own right. Anne likely became involved with the Stuarts when her sister was working for the court of Louis XIV. In the Witt photographic archive, the single image filed under Anne’s name is a portrait of Marie Theresa of Spain (1638-1683), the wife of Louis XIV. Whether or not this portrait was painted by her is up for debate- if it is, it is a very early work painted when Chéron was only twenty. It may have been that this work was part of Anne’s introduction to the Stuarts and encouraged them to commission works from her. 

The Limner Company has recently sold a portrait by Anne, of the Old Pretender. It is from circa 1710, and depicts James in armour, wearing the blue sash of the Order of the Garter (the oldest and most senior Order of Chivalry in Britain, to this day). At this point a young gentleman, he is being presented as a figure with real power, just the image which his Jacobite followers would have (hopefully) recognised, and which he wished to express to them. 

Most miniatures attributed to Chéron are assumed to be copies of works by her husband. This was a typical practice of the time, and many female artists (as will be exemplified below) would not produce completely original compositions, instead taking elements from the works of their masters or older masters [7]. 

However, more creativity must be ascribed to Anne than she has already been awarded, given that the miniature recently sold by The Limner Company does not exactly match a portrait painted by her husband. James faces a slightly different direction and has full sleeves of armour, whereas many of the other portraits done by Belle in the period only show him in half sleeves. It is also possible that many more miniatures than those that have currently been attributed to Anne exist. A plethora of records of miniatures from the ‘Circle of Alexis Simon-Belle’ are known, and many of these are comparable to works attributed to Anne. Both wife and husband continued to paint James and his sister into the 1710s, remaining important figures within the artistic scene of the Stuart court in France. 
 


Fig. 2: ANNE MARIE BELLE (NÉE CHÉRON) (1663-1718), Prince James Francis Edward Stuart (1688-1766), 'The Old Pretender', wearing armour, white lace stock and blue sash of the Garter, circa 1710s, Watercolour on vellum, backed with a playing card (clubs), Original sharkskin case with gold pinwork, Oval, 72 mm (2 ⅘ in) high. Previously with the Limner Company. 

Jacqueline de la Boissière (fl.1690-1721)

Another, less prolific, female artist from this period is Jacqueline de la Boissière. There are at least three known portrait miniatures painted by de la Boissière. Three of those seen by the author come from 1710, two depicting James and the third a woman, identified at different stages as either James’ sister or his mother. This latter miniature was part of a pair in the collection of the Earl of Howe, and both were sold from the estate together. Historically, it is more likely that a pair of portraits would have been painted of brother and sister, rather than brother and mother, and a visual comparison to a portrait of Louisa by Belle [8] provides evidence that this is likely to be of her, rather than her older mother. 

As with Anne Chéron, it seems that de la Boissière was introduced to the Stuarts through the French court. She produced portraits of both King Louis XIV and XV [9] for ‘portrait boxes’. These boxes, and ‘Boîte à portrait’ were particularly popular during the reign of the Sun King and were often painted in enamel, some examples being produced by Petitot (fig. 3) [10]. Though none of the extant examples of works by de la Boissière are in this form, it is possible that they were originally set into boxes, from which they have since been removed and given new frames. Very little else about the life of de Boissière is known, apart from the fact that she is recorded to have been ‘well paid’ in Thieme-Becker [11]. Whether or not this was more or less than her male (or female) contemporaries is unknown. 


Fig. 3: An example of a ‘Boîte à portrait’, Enamel Portrait by JEAN PETITOT I (1607-1691)

The Stuart Court in Rome (from 1717)

Following the failed Jacobite Rebellion in 1715 and the establishment of a new Anglo-French Alliance in 1716, the Stuart Court was forced to move away from France. By March 1717, they had arrived in Rome and settled in the Palazzo Mutti, which became known as the Palazzo del Rei (or Re). 

In 1719, the pretender married Maria Clementina Sobieska (1702-1735), the daughter of the King of Poland, who came to be known by supporters as ‘Our Jacobite Queene’. A year later, in 1720, and following a second failed landing in Scotland, Maria gave birth to her first son, Charles Edward Stuart, later to become known as ‘Bonnie Prince Charlie’, or ‘The Young Pretender’. Five years later, in 1725, he was followed by his younger brother, Henry.

From evidence of extant portraits, it appears that the next fifty years of the Stuart Court were the years in which the most female artists were patronised. As had been the case in France, many of the portraits painted by these ‘paintresses’ [12] were of the younger generation of the family. The Old Pretender, according to Corp, was not keen to look ‘old’, and though he did have his portrait taken by artists such as Antonio David and Francesco Trevisani, many of the transportable engravings he circulated from this period were taken from portraits painted while he was still in France. 

It is also during the exiled court’s time in Rome that Bonnie Prince Charlie, later to become known as the ‘Young Pretender’, began to take more responsibility for the commissioning of portraits. Though many requests for these still come from his father, Charles is notably involved in the portraits painted from the 1740s onward, including those by Veronica Stern (see below). 



Fig. 4: PAOLO MONALDI (1720-1799), PUBLACCI, SILVESTRI (Louis de Silvestre?), Prince James receiving his son, Prince Henry, in front of the Palazzo del Re, circa 1747-48, oil on canvas, Scottish National Portrait Gallery, PG 3269. 

Rosalba Carriera (1675-1757)

One of the earliest known portraits painted by a woman for the Stuart Court in Rome is of Clementina Sobieska, by Rosalba Carriera [13]. Dated from circa 1720-25, Clementina is shown in her wedding robes, wearing the pearls of her deceased mother-in-law, Mary of Modena. 

Rosalba Carriera had a long and varied career, which numerous authors have done proper justice to (including Bernardina Sani (1988) and Neil Jeffares (2006)). Rosalba, as she is often known, gained success as a pastellist and miniature painter, and is said to have been the artist to introduce painting in watercolour on ivory, which would go on to become the most common medium for miniatures. Throughout her life, she was mainly based in Venice, and she was also admitted to the Accademia di San Luca in Rome in 1705, on merit, unusual for female artists at the time. She had strong connections with other important artists of the day, including Giovanni Antoni Pellegrini (1675-1741), who was married to her sister. 

It was from Venice that Carriera was commissioned by the Stuart family to paint a portrait of the (then young) Young Pretender in pastel, during his semi-state visit there. The original was sent to Rome, and a copy was taken [14], and several other versions are known. One of these portraits appeared at auction in 2018 (fig 5). These later portraits were done in the more common medium for the artist- pastel on paper. The aforementioned miniature of their mother, however, is painted in watercolour on ivory. 

Carriera’s works have received much attention, and rightfully so; her delicate pastel portraits and vast oeuvre demonstrate not only her skill but the recognition of this during the period, given that so many important social figures in Italy wished to have their portraits taken by her. By the time that the young Prince had his portrait taken, Carriera’s client base was well-established, and correspondence quotes her as being ‘old’, in reference to a warning that her work may not be done quickly, as she also ‘has a good dale [sic] of work on her hands’ [16]. 



Fig. 5: ROSALBA CARRIERA (1675-1757), Portrait of Prince Charles Edward Stuart, half-length, wearing the Order of the Garter, pastel on blue paper, sold Christie’s, New York, 30 January 2018, lot 60. 

Giovanna Fratellini (1666-1731)

Carriera was active in Venice at the time that Giovanna Fratellini was visiting, under the aegis of her patron, to paint the aunt of Maria Sobieska (our ‘Jacobite Queene’). In her home city of Florence, Giovanna worked for Cosimo III de Medici (1642-1723) and his daughter, Violante Beatrice of Bavaria (1673-1731). She had trained in pastel, oils, miniature, and enamel under Anton Domenico Gabbiani (1652-1726) and Domenico Tempesti (1655-1737). 

It is more than possible that Fratellini’s introduction to the Stuart family came through her taking a portrait of Maria’s aunt. In the Stuart papers, it is recorded that in 1729 Fratellini was paid for five pictures (all miniatures) for the king. However, it seems that this was a second payment, and that Fratellini had painted other portraits for the king previously. More confusion arises in the fact that her son, Lorenzo Fratellini (c.1690s-1729) was also active in the period, and that some of the payments made to a ‘Fratellini’ are addressed to a man, rather than a woman. All the portraits painted by Giovanna for the Stuarts, whether or not there were more than five, are unlocated. 

The portraits were part of a series of unsatisfactory commissions made by the king at the time. The Fratellinis had been called upon following an initial commission, which Montagu believed to have been to Torelli (see below). Once the Fratellini portraits had been completed, they were paid for, but with the comment that James did not intend to employ Giovanna again in the future- the exact words were that ‘it is not worthwhile to give the Peintress occasion to complain when probably he won't have further occasion to employ her [17].’. It may be for this reason that the portraits have disappeared since. 

Despite her lack of success with the Stuarts, other patrons seemed to have been more pleased with her work. A self-portrait, in which she paints another portrait of her son Lorenzo, can be found in the Vasari Corridor at the Uffizi (inv. 1890, no. 2064) (fig. 6).



Fig. 6: GIOVANNA FRATELLINI (1666-1731), Self-Portrait, oil on canvas, Vasari Corridor, Uffizi Gallery, Florence, accession number 2064. 

Lucia Casselini Torelli

The ‘Torelli’ whose commission Montagu believes Fratellini took over may well be Lucia Caselini Torelli (1673-1762). Torelli was a Bolognese artist, and the wife and mother of successful artists, Felice Torelli and Stefano Torelli, respectively. 

There is no direct evidence that Torelli was a miniature painter or that she painted any portraits of the Stuarts, and it is possible that any suggestion of this simply comes from the fact that she was the female member of a family of artists. In the Stuart papers, only a ‘Peintre’, and not a ‘Peintress’, Torelli is mentioned. Corp, in an article on Carriera [18], lists that a portrait of Charles by Torelli was done in 1727; however, there is no reference to the source of this, and this statement is likely based upon the ‘Peintre’ listed in the Stuart papers. No portrait survives, so whether or not it was Lucia, her husband, or her son, responsible is still up for debate. 

Orsola Urbani (fl. c.1738-1757)

As with Lucia Casselini Torelli, there are not many sources about Orsola (also known as Ursula) Orbani. It is believed that she was active between 1738 and the late 1750s, and during this time painted at least two portrait miniatures of Henry and one of the Young Pretender. Two of these- one of each brother- were recorded by Bodo Hofstetter in 2008 in his book on the collection of Emil S. Kern. The other portrait of Henry was sold previously through Philip Mould and was painted in 1738. 

Urbani was a student of Pompeo Batoni (1708-1787), and it has been suggested that the pair collaborated on miniatures produced in the 1730s [19]. As has been the case for many of the artists discussed here, many of her works were copies of works by other (male) artists. 

Veronica Stern (later Telli) (1717-1801)

Also enrolled at the St. Luca Academy in Rome, in a generation below Rosalba, was Veronica Telli, née Stern. Stern was born in Rome and died there. Her father was a German artist, Ignaz Stern (1679-1748), and her brother, Lodovico Stern (1709-1777) was also an artist [20]. Alongside Carriera, she was one of the most successful female Italian artists of her time. 

She was commissioned to produce portrait miniatures by other notable families than the Stuarts, including the Royal family of Sardinia. A set of three miniatures of Maria Theresa of Aosta (1773-1832), Carl Emmanuel IV (1751-1819) as Prince of Piedmont, and Victor Emmanuel I (1759-1824), when Duke of Astoa, were sold at Christie's in 1973 [21]. Only a select number of works have been fully attributed to Stern. There are two notable sets of works painted by Stern for the Stuart Family. The first is a pair of portraits of the brothers, which have been exhibited twice historically, at the South Kensington Museum, London, in 1862, and the Exhibition of the Royal House of Stuart, New Gallery, London, in 1889. There has been some confusion surrounding this pair, as only the portrait of Henry was signed. It can be suggested, given how similar the pair are and that they were in the same collection, that both were painted in 1743, the date inscribed by Stern on the portrait of Henry. 

The second is a set of four portrait miniatures of The Old Pretender, Maria Clementina, The Young Pretender, and Henry, Cardinal York. The set was painted in 1748, and all four are signed and dated by the artist. Montagu’s transcription of the Stuart archives suggests that the set was commissioned to be copied from four pictures produced by Pompeo Batoni in 1745. This original set was also formed of copies, and it is noted that Henry did not feel satisfied with the final product by Batoni as it was ‘not well copied from the original [22]’. Nevertheless, he sent these on to his brother, who had requested their production in the first place, when they were completed. 

In a letter dated September 14, 1745, it is noted that Henry had requested to have Batoni’s portraits copied in miniature, and that Stern appears as ‘the Woman painter' (this is a conjecture by Montagu [23]), commissioned to create these. This set of four miniatures is extant and was last seen at auction in 2008 [24]. In contrast, no full set of portraits by Batoni is extant. In the set, it appears that the portrait of the Old Pretender was based on an original composition by Domenico Dupra, with elements of costume taken from a portrait by Anton Raphael Mengs (1728-1779). The portrait of Maria was taken from Martin van Meyten (1695-1770), and Charles and Henry’s portraits were based on likenesses by Louis Tocque (1696-1772) and Louis-Gabriel Blanchet (1705-1772). It is not possible to prove whether the combination of elements taken from different artists was taken directly from Batoni. Given that Stern signed the works, it is more than possible that these were her artistic combinations, which she then felt she had the right to sign as her own. Another work by Stern, sold through Philip Mould & Company, of a Personification of Spring [25], is known to be an original composition, and therefore credit should be given to her for the ability to produce work of her own imagination. 

Other works by Stern have been seen on the market in the past, and a portrait of the Old Pretender attributed to her can be found in the National Galleries of Scotland: Portrait [26]. 



Fig. 7: VERONICA STERN (later TELLI) (1717-1801), A set of four portraits of Prince James Francis Edward Stuart, 'The Old Pretender' (1688-1766); Maria Clementina Stuart, née Sobieska (1702-1735); Charles Edward Stuart, 'The Young Pretender' (1720-1788); Henry Benedict Stuart, 'Cardinal York' (1725–1807), sold Sotheby’s, London, 4 December 2008, lot 104. 

Coda 

Both the Old and Young Pretenders were keen to employ female artists at their exiled courts. It has been demonstrated here that it is often difficult to trace the lives and works of these artists, and a much larger body of work exists on the oeuvres of their male counterparts from this period. A recent visit to the National Portrait Gallery in Edinburgh has only reinforced this- the author was only able to find one portrait of the Stuarts by a female artist on display, a portrait miniature of the Old Pretender, circa 1704, by Chéron (fig. 8)[27]. One can only hope that, through further research, a larger number of extant examples of their work will be revealed and correctly attributed.


Fig. 8: ANNE MARIE BELLE (NÉE CHÉRON) (1663-1718), Prince James Francis Edward Stuart (1688-1766), 1704, National Galleries of Scotland: Portrait, acsession number PG 1210, author's own image. 

[1] This later became ‘The Old Pretender’, following the birth of Charles Edward Stuart.
[2] Charles had one daughter, Charlotte Stuart (1753-1789), who was illegitimate and the daughter of Charles’ mistress, Clementina Walkinshaw (1720-1802). 
[3]  The Stuart Papers cover c.1689-1800, and are held in the Royal Archives at Windsor. 
[4] Corp is the authour of numerous works on the Stuarts, including The King over the Water: Portraits of the Stuarts in Exile (National Galleries of Scotland, 2001), A Court in Exile: The Stuarts in France, 1689-1718 (Cambridge University Press, 2004), and The Stuarts in Italy, 1719-1766: A Royal Court in Permanent Exile (Cambridge University Press, 2011). 
[5] For a more in-depth discussion of Mary’s patronage of and friendship with female creatives, see Breeze Barrinton’s new book, ‘The Graces: The Extraordinary Untold Lives of Women at the Restoration Court’ (2025). 
[6] Corp suggests that the size of the paintings would demonstrate importance (Corp, 2001, p.34). 
[7]  Note the use of ‘masters’ here- the term used to define the ‘greats’ and teachers of painting has always been, and still is, gendered. 
[8]  At Sizergh Castle, circa 1708-10, NT 998407. 
[9] See https://www.cittametropolitana.bo.it/pariopportunita/Boissiere_de_la_Jacqueline 
[10] See https://theframeblog.com/tag/boite-a-portrait/ for more details. 
[11] L. Schidlof, The Miniature in Europe, 1964, vol.I, p.91.
[12]  As they were referred to by the Stuarts at the time, in the Stuart papers.
[13]  With Philip Mould and Company, 2012.
[14] It is not certain whether this copy was taken by Carriera or another artist. Correspondence mentions ‘pictures’ being sent for copies (Wortley, vol. 200, no. 113).
[15] According to the catalogue note for the version sold at Christie’s, London, 30 January 2018, lot 60 (fig, 5)
[16] From a letter from The Old Pretender to Owen O’Rourke, dated August 9th, 1737, Reproduced in C. S. Wortley, Portraits of the Stuarts in Exile, (unpublished thesis), 1948, section II, p.7. 
[17] Wortley (1948), section I, p.26. 
[18]  E. Corp, ‘The recently discovered portrait of Prince Charles Edward Stuart by Rosalba Carriera (1673–1757)’, The British Art Journal, Vol. 21, No. 2 (Autumn 2020), pp. 54-59 (6 pages), p.59, 3.
[19]  Suggested by a catalogue note for another work by Urbani sold through Philip Mould, https://historicalportraits.com/artworks/3821-orsolo-urbani-portrait-minature-of-saint-cecilia-playing-a-viol-1757/, accessed 20/08/2025.
[20]  Corp lists a portrait by Lodovico in The Stuart Court in Rome (2023) of Maria. This was in the Studio del Mosaico of the Vatican, who commissioned it, until 1979 (Corp, 22, no.44.). 
[21]  Sold Christie’s, London, 20 February, 1973, lots 118-120. Lot 121 was also attributed to Telli. The first three lots are similar in composition, implying that they were commissioned as a set.
[22] Wortley (1948), Section III, p.8. It is not clear what the original was, and it should be noted that Henry believed the portrait to be ‘fine’ in itself. 
[23] Wortley, Section III, 10. 
[24] Sotheby’s, London, Early British Drawings, Watercolours And Portrait Miniatures, 4 December 2008, lot 104 (see figure 7).
[25] See https://historicalportraits.com/artworks/5650-veronica-stern-telli-a-personification-of-spring-c.-1740/. 
[26] Accession number PG 1527. 
[27] This is a slightly earlier work than that recently sold by the Limner Company, accession number PG 1210.

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We are committed to ensuring that your information is stored securely and we have put in place suitable procedures to safeguard and secure the information we collect.

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, for provenance and authenticity purposes, and for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

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Under data protection law, you have rights including:

  • Your right of access - You have the right to ask us for copies of your personal information.
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  • Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
  • Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
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  • Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at rebecca@portraitminiature.com if you wish to make a request.

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at rebecca@portraitminiature.com.

You can also complain to the ICO if you are unhappy with how we have used your data. The ICO’s address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Helpline number: 0303 123 1113. ICO website: https://www.ico.org.uk.

The Limner Company Terms & Condition

The Limner Company Limited (hereinafter referred to as "the Company") is a company registered in England and Wales, company number 7880597 and registered office at Unit T13 Tideway Yard, 125 Mortlake High Street, London, SW14 8SN, United Kingdom. You can contact The Limner Company by email at emma@portraitminiature.com.

It is important that you (the “buyer”) read and understand these terms and conditions before purchasing any item from the Company. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of The Limner Company Limited. Only proceed with this transaction if you wish to be bound by the Company’s terms and conditions as set out below

1. Purpose and effect

1.1. These terms and conditions set out all the terms of agreement other than the price between you as buyer and us the Company as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the work”. We confirm that we either own the work or are authorised to sell it on behalf of the owner.

1.2. If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed in writing with the Company.n this policy, 'we', 'us', and 'our' means The Limner Company and 'you' means the individual to whom the information relates.

2. Statements about the work

2.1. All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale of the work.

2.2. While the Company will on request explain the condition of the work at the time of the sale and provide any information about condition for which you may reasonably ask, the Company will not be responsible for any subsequent deterioration of the work, however occasioned, after the sale.

2.3. You are responsible for satisfying yourself as to any statements made by the Company or its representatives as to the matters set out in paragraphs 2.1 and 2.2 above.

3. Payment of purchase price and customer due diligence

3.1. You must pay the Company the full price for the work as specified on the invoice, which will include applicable VAT and any amounts payable to the Company under clause 7 below.

3.2. Invoices are payable within 14 days of the date on the invoice.

3.3. Payment must be made by the party whose name is on the invoice and may be made by bank transfer or such other method agreed by the Company. If we agree with you that the sale is dependent on the issue of an export licence, payment must be made, in the same way, within 7 days after the issue of the export licence. In either case, payment has not been made until the Company has received cleared funds representing the full amount of the work.

3.4. If a buyer wishes to have another party whose name is not on the invoice pay for the work, then a credit note will be issued against the original invoice and a new invoice will need to be issued to the new buyer.

3.5. The balance due and payable to the Company on an invoice will exclude any deposit or advance that you may already have paid.

3.6. If you fail to make full payment within the relevant period, the Company may charge you interest on the amount unpaid at the rate of 2% per annum above HSBC Bank’s base rate from the date when payment was due until payment is made in full. This is to compensate the Company for the likely loss to the Company for payment not being made when due.

3.7. If you fail to pay the purchase price in full within 14 days after the due date, we may assert any of our legal rights, including but not limited to a claim for the purchase price. If you have already taken delivery of the work, the Company may at its discretion serve you with notice that we require you to return the work to the Company, in which case you must do so at your cost as soon as possible. If we require the return of the work to the Company, we may at our discretion agree revised payment terms with you or we may elect to treat the sale as cancelled, in which case the Company shall, following the return of the work, refund to you any part of the purchase price that you have paid, after deduction of any sums due to the Company including but not limited to costs and interest due for late payment

3.8. VAT is applicable on all transactions unless stated otherwise on the invoice.

3.9. Under the terms of the anti-money laundering regulation effective from 10 January 2020 we are required to conduct customer due diligence (CDD) on all sales of works of art over €10,000 before the transaction is carried out. While therefore we may agree such a sale in principle, we will not be able to conclude (i.e. receive funds, give up possession or transfer title) it until we have received all the necessary CDD information from you and have been able to verify it as required by the regulation.

4. Commission payable by the company to third parties

4.1. All and any commissions paid by the Company to a third party will be revealed to a buyer or a seller as appropriate, as well as to an owner in the case where the Company is acting as an agent and selling a work on behalf of the owner.

4.2. If you have authorised a third party to negotiate the purchase of the work on your behalf, the Company will only pay that third party a commission if either instructed by you, or with your consent.

5. Collection of the work and passing of risk

5.1. Unless otherwise agreed with the Company the work may only be collected once the invoice for the work has been paid for in full. See section 3. above.

5.2. All work collected from the Company that has not been paid for in full may only be collected following the issuing of an invoice for the work and following the signature by the client named in the invoice of the Company’s “Artwork released on approval” form.

5.3. Following full payment of the invoice for the work you must collect the work at a time and date that we agree with you.

5.4. From the time and date agreed for collection of the work from the Company, you will be responsible for the work and the risk of damage to it or loss of it will pass to you. You should therefore make appropriate arrangements to insure the work from the time agreed for collection of it from the Company.

5.5 If you wish to collect the work from a place other than the Company’s premises in London, or if you wish the Company to deliver the work elsewhere, this must first be agreed in writing with the Company who will charge and invoice you for any transit costs that we incur for delivery of the work.

6. Passing of ownership

6.1. You will only become the owner of the work when the purchase price is paid in full to the Company. If you have possession of the work before full payment has been made, you must:

6.1.1. keep possession of it and not sell it or hand it over to any other person or dispose of any interest in it, and

6.1.2. in the case of a work consisting of more than one item, keep those items together, and

6.1.3. keep any identifying marks showing that the Company owns the work clearly displayed, and

6.1.4. store the work on your premises and at no cost to the Company, and

6.1.5. at the Company‘s request, and after the Company has given you reasonable notice, allow the Partnership or a third party acting on the Company‘s behalf to have access to the work in order to inspect or collect it, and

6.1.6. preserve the work in the same state as it was on delivery and in particular, not restore, repair, clean or reframe the work in any way and in the event that work is stolen or damaged in any way you will be fully liable to the Company for the loss or damage of the work.

7. Export

7.1. If the work is to be exported from the United Kingdom, whether to other countries within the European Union or outside the European Union, the Company will normally make appropriate arrangements for export and shipment and will charge for the reimbursement of its additional costs and expenses incurred in doing so.

7.2. If, contrary to our normal practice, we allow you to make arrangements for export of the work, you must comply with all requirements of HM Customs and Excise, the export licensing authorities and any other relevant official bodies and:

7.2.1. provide the Company with all the relevant documents showing proof of export without delay and in any event within 7 days from the date of shipment; and

7.2.2. reimburse to the Company any sum claimed if HM Customs and Excise or any other official body makes any claim against the Company for value-added tax or any other expense or penalties resulting from your failure to comply with the relevant requirements for export and import.

7.3. In any event you will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time.

7.4. Unless otherwise agreed in writing with the Company, the sale of the work is not dependent on either the Company or you obtaining an export licence.

7.5. You are advised that several countries prohibit the importation any items made from or containing certain endangered or protected species (such as ivory or tortoiseshell), while other countries will require a permit (e.g. a CITES licence). Such permits must be obtained from the relevant regulatory body in both the country of importation and exportation. If you intend to import such items into another country you should familiarise yourself with the relevant customs regulations and laws before purchase. Delays or refusal of import or export of such works shall not permit cancellation of a sale. It is your responsibility to satisfy any laws or regulations applying to the import or export of any work containing such protected species. For further information on the protected species listed please visit the CITES website: http://www.cites.org/. For further information about import and export regulations please visit: http://www.defra.gov.uk/ahvla-en/imports-exports/cites/. On request, the Company can assist with or apply for a license on your behalf.

8. Terms for trade buyers

8.1. Where you do not purchase the work as a consumer, if (a) you fail to pay the full purchase price of the work or to comply with the obligations set out in clauses 6 and 7 above, or otherwise do or fail to do anything which may in any way imperil the Company’s ownership of the work or (b) before you make full payment of the purchase price to the Company, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver), then

8.1.1. the Company shall have the right to repossess the work and/or avoid a sale to you, with or without notice to you, and

8.1.2. at the Company’s option, we may require you either to return the work to the Company’s premises in London at your cost or tell us where the work is kept and allow the Company’s officers or representatives to enter the premises where the work is kept and take the work back (it being understood that where the work consists of more than one item, this right of repossession will extend to all those items).

9. Limitation of the Company’s liability

9.1. Any claim against the Company must be brought within a period of 1 year from the date of the invoice for the work.

9.2. We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause 10 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud.

10. Rescission

10.1. We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the price and any amount paid to us that represents a royalty due to the Work's author upon the resale of the Work ("Resale Royalty"). The refund of the price and any Resale Royalty will constitute your sole remedy and recourse against us with respect to such claims.

11. Copyright

11.1. The copyright subsisting in all images and other materials produced for the sale of the Work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.

12. Further Information: Non–Trade Buyers

This clause applies only where the sale of the Work is to an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession ("the Consumer").

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (included as amended) applies to any sale of works of art to Consumers. It is not our standard policy to sell works of art exclusively by electronic mail/other methods of distance communication, however, in the exceptional case where a contract for the sale of the Work is concluded exclusively through such distance communication:

12.1. The Company confirms that it is the supplier of the Work sold to you and it is the party to whom any complaints or comments should be directed.

12.2. If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the Work in question within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Work. Where the Work consists of more than one item (which are to be delivered separately), such cancellation period will expire after 14 days from acquiring physical possession of the last item.

12.3. If you cancel a contract concluded exclusively at a distance for the purchase of the Work, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of the Work, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay.

12.3.1 - 14 days after the day we receive the Work back from you; or (if earlier)

12.3.2 - 14 days after the day you provide evidence that you have returned the Work.

12.4. If we do not receive the Work back from you, we may arrange for collection of the Work from you at your cost.

13. Anti-Money Laundering

13.1 As the buyer you warrant that:

13.1.1. The funds used to, pay for the work are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes, and

13.1.2. Where you are buying on behalf of another person:

1. You have conducted appropriate customer due diligence on the ultimate buyer(s) in accordance with all applicable money laundering and sanctions laws, consent to us relying on this due diligence, and you will retain for a period no less than 5 years the documentation evidencing the due diligence. You will make such documentation available for immediate inspection by an independent third-party auditor upon our written request to do so, and

2. The arrangements between you and the ultimate buyer(s) do not, in whole or in part, facilitate tax crimes, and

3. You do not know, and have no reason to suspect, that the funds used to pay for the work are connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities or other crimes.

14. Severability

14.1 If any part of these terms is found to be invalid, unlawful or unenforceable by any Court or other competent authority, it will not affect the remaining terms, which will continue to be valid and enforceable.

15. Notices

15.1. Any notice to be given to the Company in connection with the sale of the work must be in writing to the Company’s offices and sent by registered post, or delivered by hand, or sent by email to emma@portraitminiature.com. Any notice given by the Company to you will be given in writing to you and sent to your last known address, or by the email to the email address that the Company holds for you.

16. Law and Jurisdiction

16.1. These terms and conditions are to be construed and take effect in accordance with English law.

16.2. If you are purchasing the work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute. If you are not purchasing the work as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute.

The Limner Company

Registered in England no: 7880597

Registered Office: 14 Princeton Mews, 167 London Road, Kingston upon Thames, KT2 6PT

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