STANDARD BUSINESS TERMS
These Standard Business Terms (hereinafter “Terms“) applyregarding the relation between the Buyers and/or users of the Website (referred as “Buyers”) and Gallery 43 (hereinafter referred as “the Seller”) respectively.
The Terms apply to all sales of Products made through www.artgallery43.com (hereinafter referred to as the “Website”)between the Seller and the Buyer. They are intended to govern the relationship between the Seller and the Buyers of the Products.
Gallery43 is always the direct Seller of Products purchased through the Website.
By accessing or using the Website, Buyer represents and warrants that buyer is at least 18 years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Website. In addition, Buyer agrees to abide by all applicable local, state, national, and international laws and regulations with respect to Buyer’s use of the Website or the utilization of any available product or service.
The Online Platform is made available by Gallery43and these Terms provide to the Buyer a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to use the Website in order to review information and purchase available products or services.
Gallery43 reserves the right to modify these Terms. All changes will take effect from the moment they are posted online on the Website.
1. Conclusion of the sales contract between the Buyer and the Seller
- The Products are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
- The Buyer selects the Productthey wish to purchase.
- Buyer confirms their choice of Product and acknowledges and accepts the Terms herein by checking a box during the checkout process. Buyer chooses their payment method: PayPal, credit card (Mastercard or Visa) or bank transfer to Seller’s account. If Buyer chooses to pay by credit/debit card or PayPal, they immediately proceed to payment. If Buyer chooses to pay by bank transfer, they proceed with the transaction as soon as possible so that payment is actually received in Seller’s bank account.
- The Seller agrees to deliver the Product, start the shipping procedurewithin the period specified once Sellerconfirms receipt of payment.
In addition to the acceptance of these Terms, access to the Website depends on the opening of an account. This requires you to provide information to authorize your identification. While opening an account, you agree to only provide accurate information, and to inform Seller of any change affecting it without delay, by using the contact form.
To use the Website, you must use the username and password you created when opening your account. You agree to keep this information secret and not to give it to any third party. You will be solely responsible for the access to the Service via your username and password.
The opening of an account and use of the Service are free (excluding any connection costs, the price of which depends on your electronic communication provider), without obligation to purchase on the Website. Only the purchase of Products from Sellers is to be paid for, under the conditions set out in the Terms and Conditions of Sale.
2. Price and payment
The purchase price duties, local taxes or import duties are payable, these are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities/competent bodies. Buyer is responsible to check with the relevant authorities and comply with legal requirements for purchase and acceptance of the Product.
Payment of purchases made through the Website may be made by credit/debit card or through the platform PayPalwhich collects the corresponding amount on behalf of the Seller and for his account.
Payment for purchases made through the Website may also be made by bank transfer into Seller’s account. The transfer must be made within 3 business days from the date of order.
3. Security of payments
Sellerhas, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer’s details will be requested for each new order. Payment is processed by third parties/platforms which are liable for ensuring the security of financial data.
Although the Websiteuses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. Sellercannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4. Shipping methods and fees
The Buyer has the option to have the Product delivered to his home by indicating so when placing their order. The Product shall be delivered to the address provided by the Buyer during their order. In this case, the Seller, provided that they have confirmed the receipt of payment, is in charge of packing the Product and making it available to a carrier.
Depending the Buyer’s delivery address, different taxation rules and additional charges may apply. The Buyer will be responsible for payment of any import duties and taxes. The Buyer is free to contact their local customs office for further information before placing the order.
The Seller agrees to make the Product ordered available to the carrier, from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; the Seller makes a firm commitment to make the Product available to the carrier as soon as possible. Products are delivered to the address specified by the Buyer when placing the order. It is the sole responsibility of the Buyer to ensure that the information they give to Sellerfor this purpose is and shall remain correct and that this information will enable the Buyer to receive the Product that is bought on the Website.
The Seller agrees to provide to the Buyer, the name of the carrier dealing with the transport of the Product as well as the number of the package and a tracking number. This allows the Buyer to track the status of its order on the carrier’s website, provided that the carrier offers a package tracking service.
5. Refund policy
If,at the time of receipt of the Product, it is found that the Product is not the same with the one ordered online, the Seller offers the Buyer a different product from the one purchased, offering a reduction of 20% of the substitute Product’s price.
If the Buyer does not accept the replacement or there is a difference in price due to replacement, the Seller returns 100% or a part of the price to the buyer (as applicable).
In case of return of the Product by the Buyer, the Seller will be responsible of organizing the return of the Product and willbear all the return costs.
In this case the price of the Product purchased and the shipping costs paid by the Buyer when placing his order will be reimbursed by the Seller once the Seller has received the Product.
6. Litigation – Disputes
The Seller undertakes to deliver a quality service to Buyers.
In this regard, any Buyer has the ability to report, by emailing Seller at the address firstname.lastname@example.org within15 days from the receipt of any Product, any claim concerning the Product ordered, following the hereafter criteria:
- Product not received: the Product has not been received by the Buyer
- Non-compliant Product: the received Product does not correspond to the ordered Product
In the case of a complaint from a Buyer regarding a Product, once the Seller is informed of the said claim will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Seller. The Seller will make all the efforts necessary to resolve the dispute with the Buyer amicably.
8. Intellectual property and authenticity
All products, texts, information, works, illustrations and images reproduced or depicted on the Website are strictly reserved under copyright as well as intellectual property rights, for the entire duration of protection of these rights and throughout the world. As such, and in accordance with the international laws and conventions on Intellectual and Industrial Property, only a private use, is permitted.
The Website is owned by Gallery43, Copyright 2022 ©. All rights reserved. Gallery43, its logo, and all other names, logos, and icons identifying it and its software, solutions, products, and services are proprietary trademarks of Gallery43, and any use of such marks without the express written permission of Gallery43 is strictly prohibited.
Gallery43 reserves all rights not expressly granted by these Standard Business Terms. Accordingly, Buyer may not claim any intellectual property rights on the Products purchased. Those rights belong exclusively to the relevant authors/producers.
Gallery43 warrants that authenticity is ensured only regarding products under the name of RakipShabani, while liability on authenticity claims or any other similar claims is strictly excluded regarding products of other origin.
9. Use of website
Use of the Website implies the knowledge and acceptance of the characteristics and limits of the internet, and of any translations of the Website into any languages other than English and in particular those relating to technical performance; response times when consulting, searching for or transferring information; and of the risks inherent in any connection and transmission over the internet.
Consequently, in the absence of any failure on its part, Gallery43 cannot be held responsible for any damage that may be suffered by a Buyer, in particular but not exhaustively for any:
- operating losses, loss of information, resulting from any malfunctions, breakdowns, delays or interruptions of access to the internet;
- transmission and/or receipt of any data and/or information over the internet;
- consequences of any virus, computer bug, anomaly, technical defect;
- defect in any reception equipment or lines of communication;
- loss of any email and, more generally, any loss of any data;
- any damage caused to the computer, PDA or Smartphone etc. belonging to a user who connects to the Website;
- any technical, material or software defects of any nature, that may have prevented or limited the ability to use the Website or may have damaged the system of any user who connects to the Website;
- any technical fault or manifest error (in particular technical, material, software, price display, translation, etc., of any nature, having prevented or limited the ability to use the Website or having misled a user connected to the Website;
- indirect damage.
All users of the internet are required to take all appropriate measures in order to:
- protect their own data and/or software stored on computer equipment that is connected to the Website, against any damage
- be capable of assessing that they may be in the presence of a manifest error in relation to the information displayed on the Website by sending an email via the contact form) so that Gallery43 can make all verifications, and if necessary, erroneous information can be corrected
Gallery43 cannot be held responsible for indirect loss or damage. Neither shall Gallery43 be held responsible for any incorrect use of the Website by the Buyer or for any fault on his/her part. Neither shall Gallery43 be held responsible for any loss or damages attributable to a third party to the Website.
By using the Website, the Buyer declares that he/she is fully informed of the characteristics and restrictions of the internet, that he/she alone is responsible for the information supplied in the context of his/her account on the Website and for his/her relations with other users of the Website.
Gallery43 shall not be held responsible for any content that may be made available on the Website by Buyers or Sellers, in particular in relation to product descriptions, except where it has failed to remove such content promptly following reports of its illegality.
The Buyer is solely responsible for his/her usage of the Website.
10. Partial nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
11. Applicable law
These Terms (and any supplemental terms applied with the purchase of a product, service or subscription) represent the entire agreement between Buyer and Gallery43 with respect to use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between buyer and Gallery43 with respect to the Website. Gallery43 also provides the available products exclusively on the basis of these Standard Business Terms.
12. Contact Information
If Buyer has any questions regarding these Standard Business Terms or if Buyer is interested in obtaining more information concerning Gallery43 or this Website or any available products, please contact us as per our contact information indicated on the Website.
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