TERMS AND CONDITIONS

 

In General

Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites, which are not operated by 1340Gallery (the “Linked Sites”). 1340Gallery has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. 1340Gallery will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of 1340Gallery or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by 1340Gallery and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by 1340Gallery or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of 1340Gallery Ltd.

1340GALLERY COMMUNITY AREAS

Registration

1340Gallery reserves the right to close accounts or refuse service if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

Submission of the material

By submitting images and text to us, you grant 1340Gallery the royalty-free right and license, to use your images and supporting text, to publish, distribute and display such material worldwide for the feature you submitted it for. You also acknowledge that 1340Gallery is not obliged to publish any material submitted by you on any 1340Gallery publication. N.B. Please contact us if you wish your images and/ or text not be used in our marketing and promotional activities. We will never use your submission for anything other than the features you have submitted for, nor will we use any of your work in other promotional activities without your consent. 1340Gallery is operated by artists, for artists, so the rights of these artists are very important to us, and we always strive to protect them.

Failure to comply

If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of 1340Gallery. 1340Gallery reserves the right to delete any contribution, or take action against any 1340Gallery account, at any time, for any reason. If you do not want to grant 1340Gallery the permission set out above on these terms, please do not submit or share your contribution on the Community website.

Termination and Account Cancellation

If you breach any of these Terms, 1340Gallery will have the right to suspend or disable your Account. You may cancel your Account at any time by sending an email to info@1340art.com.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law 1340Gallery and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect 1340Gallery’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with 1340Gallery and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to 1340Gallery.

Shipping

1340Gallery will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the 1340Gallery site.

For artwork sold through 1340Gallery, they will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by 1340Gallery, you will be responsible for shipping the purchased artwork directly to the purchaser. You agree to ship the purchased artwork to the purchaser within seven days following the date of purchase. If you do not ship the purchased artwork to the purchaser prior to the expiration of the shipping period (seven days), then the sale may be cancelled. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to 1340Gallery if you are using a 1340Gallery preferred shipper.

Advertising disclaimer and trademarks

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

Returns Policy

If a purchaser receives the artwork they’ve purchased and isn’t completely satisfied, they’ll have seven days to contact 1340Gallery to make us aware of their intent to return the work for a refund. If the collector decides to return the work, in most cases, they’re required to repackage the work and make arrangements to have it sent back to the artist.

We also require that the artwork is sent back in its original packaging and in the same condition as it was received, to be eligible for a refund.

Return costs

1340Gallery examines all returns on an individual basis in order to determine who is responsible for paying any shipping and customs costs required to deliver the artwork back to the artist. Generally, if we determine that the artwork was accurately described on our site (in terms of size, materials used, weight, etc.) and the collector is returning it as a result of buyers remorse, then the collector is held responsible for return costs. If the artist provided insufficient/inaccurate information about the work, or if the artwork was damaged as a result of poor packaging, we may hold the artist responsible.

Indemnity

You agree to indemnify, defend and hold harmless 1340Gallery, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service. Variation 1340Gallery shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of The Netherlands and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 1340Gallery. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of 1340Gallery.

 

 

Last edited by 1340Gallery on January 4, 2018

 

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