41bAWebsite Terms and Conditions of Use Relating to www.gravitartgallery.com; GravitArt
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the GravitArt website located at the domain name www.gravitartgallery.com (“the Website”) and GravitArt (“the Provider”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distributes content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-COMMERCE & PRIVACY
Works which are not available for purchase will not be added to your shopping basket. However, due to the fact that each Work is unique there is a possibility that a Work that has been checked out may be unavailable for purchase. For this reason payment is only requested once the checkout process is complete and your order has been confirmed by our e-commerce provider, Woocommerce.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold by using a reputable and secure platform, PayPal. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Buyer’s information facilitating the tracking of the painting for the artist will be shared with the Artist of the artwork purchased upon his/her request unless the buyer specifies in writing to info@gravitartgallery.com s/he wants to remain anonymous.
USER ACCOUNT
When creating a user account, you agree to provide GravitArt with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You will also need to create a password.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GravitArt of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this.
DELIVERY POLICY
This section describes GravitArt’s policy on shipping and refunds for all products purchased through this website. We strive to maintain excellent customer service and satisfaction, including a guarantee of every product as it’s described on this website. Contact us with any queries that are not addressed below.
Shipping
GravitArt ships artwork globally and is using Aramex as the main shipping agent. However, GravitArt reserves the right to use any shipping agent. Shipping costs are determined by the weight of the artwork including its packaging and the buyer’s location. The cost of shipping includes insurance of the artwork provided by the shipping agent. For loss of a package, Aramex requires 21 days to complete the search process in collaboration with destination offices and airlines before the compensation process starts. For lost packages, the insurance provider charges 1.5% insurance excess of the declared value of the package or a minimum of USD 25. The insurance excess is to be borne by the buyer. If the package arrives damaged, the buyer needs to notify Aramex Nairobi or Aramex at the destination office with pictures of the damaged package.
All artwork shipped by GravitArt is prepared and packed to ensure its safety during shipping. All canvas artworks are rolled. All paper artworks are sent flat.
All items purchased through GravitArt are made pursuant to a shipment contract. Title and risk of loss for all products ordered by the buyer shall pass to the buyer on GravitArt’s shipment to the shipping agent.
Delivery Times
Subject to artwork availability with suppliers and receipt of payment, requests will be processed within a maximum of 10 days and handed over to the shipping agent for delivery. GravitArt is not responsible for receiving and processing an order with an incorrect shipping address. The buyer needs to ensure the shipping address is accurate. Deliveries take 2 to 8 days for international deliveries and up to 2 days for local deliveries within Kenya. GravitArt has no control over certain delays such as customs delays.
Cancellation
Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs. GravitArt reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet GravitArt’s standards. Should GravitArt exercise this right, the User will receive a full refund with no deductions.
Disclaimer
Shipping times can be affected by factors over which GravitArt has no control, including incorrect delivery addresses, weather, courier and customs delays.
Local customs and immigration agencies determine any duties or taxes that may be levied against packages arriving from outside the destination country. These additional fees are the responsibility of the buyer.
GravitArt cannot be held responsible for any costs incurred by the purchaser or recipient of orders due to shipment failure or late delivery.
Contact
Any complaints regarding service delivery or artworks bought by buyers through the e-commerce facility should be directed to GravitArt by email:
info@gravitartgallery.com.
RETURNS & REFUND POLICY
You are eligible for a refund within 10 days if you’re dissatisfied with your purchase due to an error on our part.
Incorrect Product / Not As Described
You are eligible for a full refund of the purchase price, but not including original shipping costs, only if your return is a result of an error on our part. To receive a refund, you must return your item directly to us within 10 days of the estimated delivery date and in the same condition you received it in.Product Did Not Arrive
Product Did Not Arrive
In cases where the product is returned to us for any of the following reasons, the refund price includes product price only: incomplete address, unclaimed, returned to sender, or similar.
Product Returns
Please find your specific situation from the list of scenarios below to learn how we handle that particular situation:
- You received an item that appears to have been damaged during shipping: If a package appears to have been damaged during shipping, the item is oftentimes still okay. If the packaging for your item appears to be damaged, be sure to take pictures of the package and keep all the original packaging until you’ve determined whether or not it needs to be returned. If any of the original packaging is thrown away, we cannot file a shipping insurance claim. Discarding shipping materials or box contents waves your right to get your product replaced or repaired.
- You’ve received the product but you’ve decided you want to return it: If you receive an item and decide to return it, you can do so if and only if all of the following requirements are met:
- The item must be unused, and still in the original packaging.
- You must contact us to notify us that you’d like to return the item within 10 calendar days of receiving the item.
- You MUST contact us to get return instructions PRIOR to returning the item.
- If you return an item without all three of the above requirements being met, the item will be refused and come back to you and no refund will be issued. If you meet all three of the above requirements, your refund will be issued in one of the following two manners
- You can receive the full amount you originally paid for the returned item (less our actual cost for shipping and handling) as a store credit, OR
- You can get a cash refund for the amount you originally paid LESS a 15% restocking fee and our actual cost for shipping and handling.
- In either case, you are responsible for return shipping charges to return the products back to GravitArt.
- If you return an item without all three of the above requirements being met, the item will be refused and come back to you and no refund will be issued. If you meet all three of the above requirements, your refund will be issued in one of the following two manners
- You refuse the delivery of your order, and it comes back to us
- If you refuse an item and it comes back to us, you will be issued a refund LESS a 15% restocking fee. If the item is damaged during the shipping process, no refund will be issued until the shipping insurance claim process is complete.
Other Terms & Conditions
Returned items should be returned in the original packaging with any enclosed documentation. We will issue a full refund on receipt, excluding the original delivery charge. The item is your responsibility until it reaches us. Therefore, for your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
There are no refunds on items damaged in shipping. In that case, you must file a claim with the shipping agent. We do not refund shipping costs, MPesa or credit card fees. They will be deducted from the total amount of your refund. In case of a refund, either partial or full, the transaction fees incurred by GravitArt will be deducted from the refund amount.
The client has an obligation to respond to any communication either written or oral in order to facilitate delivery. Failure to which, GravitArt will retain the product for 10 more days. For international orders (outside Kenya), the client will be required to contact GravitArt before making an order for a shipping fee estimate.
Note to all customers
Our freight charges do not include any tariffs, duties or brokerage fees which may occur when the product reaches your country. Any and all such charges will be solely the responsibility of the buyer.
EXPORT
The offering on this website is available to local and international buyers with delivery addresses only. Customs and import duties, taxes, and/or tariffs may be applied to international orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details. International duties, tariffs and taxes are not included in your checkout total.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which we are shipping permits the shipment of your products. GravitArt is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. However, we are willing to contact our local shipping carrier (the one we used to send your shipment) to see if they can provide information on your package if it is delayed.
ORDERS & PAYMENT OPTIONS
Payment may be made via PayPal or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.
GravitArt is a retail business. Release of any paintings happens once we receive and approve a payment made by the buyer. Our e-mails communicate the steps where a purchase is being made, including order confirmation and paintings being sent out. Payments are always made in USD. In cases of a wire transfer, the buyer pays any currency exchange fees and any other fees called upon from the bank.
Credit card transactions will be acquired for the Provider via PayPal. PayPal meets the Payment Card Industry (PCI) security standards to protect the buyer and no credit card details are stored on the website. Users may go to www.paypal.com to view their security certificate and security policy.
Customer details will be stored by the Provider separately from card details which are entered by the client on PayPal secure site. For bank transfers, the account information will be provided to the buyer when checking out. The account is in the name of Siyu Productions Ltd, owner of GravitArt, and the currency of the account is USD.
TAXES
GravitArt charges value added tax (VAT) for merchandise ordered on this Website based on Kenya’s tax rate of 16%.
PRICING
If the User’s payment is not received within 5 days of an order being placed, then the order will be deemed to be null & void. Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be incorrectly priced as a result of price changes that are implemented at or about the time of your visit to the website, or as a result of items cached on your computer. However, we do not charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order. All prices on this Website are shown in USD.
PRODUCT DESCRIPTIONS
We attempt to describe products featured on this site as accurately as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, 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 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. We apologise for any inconvenience this may cause you. (If you are not completely satisfied with your purchase, you may return it as described in our Return Policy)
DISCLAIMER
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
PRIVACY POLICY
This privacy policy sets out how GravitArt uses and protects any information that you giveGravitArt when you use this website.GravitArt is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.GravitArt may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
When you provide to us your e-mail address, shipping address, or any other kind of information, we keep your information strictly private and DO NOT sell or share it to any third policies. Most often, we do not even see your financial information. This is because we use a secure & widely accepted Merchant who processes that information for us, while just passing along to us your payment & not your financial details.
Casual Surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
What we collect
We may collect the following information:
- Name
- Contact information including email address
- Demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:· Internal record keeping· We may use the information to improve our products and services· We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. These e-mails will always have the option for you to unsubscribe.· From time to time, we may also use your information to contact you for market research purposes. We may contact you by email OR phone. We may use the information to customise the website according to your interests.· We may release account information when we believe that it is necessary for legal requirements, to enforce any of our other terms of use or to protect the rights, property or safety of GravitArt or any of our users.
Privacy of Children
All GravitArt services are meant for users of 18 years and older. We will not knowingly collect and store personal information from persons that we know are under the age of 18.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
This Privacy Policy covers the use of cookies by this website and does not cover the use of cookies by any advertisers or by Google Analytics.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please write to info@gravitartgallery.com.
If you believe that any information we are holding on you is incorrect or incomplete, please login to the website with your credentials and update your profile. Alternatively, email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
In addition to the above, it is important that you understand that the Company may use your information, on an aggregate basis to determine ways in which it can create an improved overall experience for you. The Company shares your information with its affiliates and its partners but only on an aggregate basis which helps the Company or such partners further understand, on an aggregate basis, the users of the Website for analysis and demographic purposes. Such information is used, amongst others, for research and advertising, on an aggregate basis.
If you have any questions or comments about our Privacy Policy, feel free to contact us.
UPDATING OF THESE TERMS & CONDITIONS
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
All content included on the Site such as text, images, graphics, button icons, images, audio clips, databases, software, and names, images, and logos or marks identifying www.gravitartgallery.com and/or any third party is the property of GravitArt or its content suppliers and protected by international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of GravitArt and is protected by international copyright laws. The Artists represented on the Site have granted a licence to GravitArt for all images uploaded to be available for use in support of marketing and promoting the website. GravitArt hereby grants you permission to electronically copy and print portions of the Site for the sole purpose of placing an order for a Work with GravitArt. Unless otherwise explicitly stated by GravitArt, the copyright of any Works remains with the originating artist.
All Works are owned solely by the relevant Artists and are subject to international copyright laws. The Artist warrants that he has the title to and owns the Works represented to be owned by him on the website. The sale of the copyright in a Work is a separate transaction and not part of the sale of the Work unless otherwise agreed in writing between yourself and the Artist.
Any misuse of the content on the Site, including without limitation, reproduction for purposes other than those specified above, modification, distribution or republication of any part of such materials without the prior written permission of GravitArt, is strictly prohibited.
Nothing contained in these Terms and Conditions shall be construed as conferring upon you, expressly or by implication, any licence or right to use any trademark, patent, design right or copyright owned by GravitArt, the Artist or any third party.
LIMITED LICENSE TO GENERAL USERS
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
LIMITATION OF LIABILITY
GravitArtmakes no representations or warranties of any nature whatsoever in relation to the Website and/or Services, implied or otherwise, including any warranty that the Website or the server that makes the Website available is free from viruses or other harmful components, or that the functions, content and technology available from the Website are uninterrupted and/or error free. GravitArt may suspend access to the Website without notice at any time and accepts no liability for any consequences of the Website being unavailable for any reason.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of GravitArt and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
All risk and liability arising from your use of the Website vests with you and neither GravitArt nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, including any harm to your computer from viruses, or damages suffered due to the Website being unavailable for any reason. You are encouraged to report any possible malfunctions and errors to us by emailing info@gravitartgallery.com.
This Website is supplied on an “as is” basis, has not been compiled or supplied to meet your individual requirements, and GravitArt is not liable for anything you find on the Website or any liability you incur through your use of the Services. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
If GravitArt is found, despite the aforegoing disclaimers, to be liable for any reason, its liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to USD 50 (FIFTY US DOLLARS). Also, under no circumstances will GravitArt be liable for any indirect or special damages, consequential loss, loss of profits or loss of data.
INDEMNIFICATION OF BRAND
You hereby indemnify and hold harmless each of GravitArt, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage they may suffer, or third party claims which may be made against them, which arise (directly or indirectly) from or in relation to your conduct on the Website or your failure to comply with this User Agreement (including the Privacy Policy), or your violation of any law or the rights of a third party relating to your use of the Website.
VOID WHERE PROHIBITED
Although the information on this Website is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. GravitArt and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
SECURITY
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that GravitArt suffers any damage or loss. As a registered User, you agree and warrant that your log-in name and password shall; be used for your personal use only; and; not be disclosed to any third party. You allow GravitArt to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
TERM & TERMINATION
This User Agreement shall commence from the date on which it is published on the Website and continue indefinitely, as amended by GravitArt from time to time, for so long as the Website exists and is operational, GravitArt being entitled to terminate this User Agreement and/or shut down the Website at any time.
ELECTRONIC COMMUNICATIONS
When you visit the Website, send emails to GravitArt or purchase a Work, you consent to receiving communications from GravitArt electronically and agree that all agreements, notices, disclosures and other communications sent by GravitArt satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Sending bulk mail or spam to the info@gravitartgallery.com e-mail address is prohibited. Mailers will be investigated and promptly reported to the proper authorities.
SERVICES
You may view images of art on our Website. You will also be entitled to purchase any artwork based on the availability of the same as indicated on the Website. All artwork purchased will be provided to You along with a certificate of authenticity from the original creator/provider of the artwork. You acknowledge that artwork is being provided without warranty in its current “AS IS” condition. GravitArt MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
You acknowledge that the Website may provide links that allow you to leave the Company’s site and/or access third party websites (including but not limited to payment gateway websites) or access the Website through third party websites. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites or the performance or security of such other sites. The Company is not responsible for any content of or transmission to or from any linked site. The Company provides these links only as a convenience or feature, and the inclusion of any link does not imply endorsement by the Company of the site. Users access any such third-party websites at their sole risk and discretion.
GOVERNING LAW
This Website is controlled, operated and administered by Provider from its offices within the Republic of KENYA. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of KENYAN export laws and regulations. If the User accesses this Website from locations outside of KENYA, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of KENYA, and the User consents to the jurisdiction of the Nairobi High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Contact Information / Domcilium Citandi Et Executandi
This website is run by GravitArt based in SPAIN trading as Gravitart Gallery S.L. and with registration number: B70541917
If you have any questions, queries or wish to request permission to use any part of this website, please contact us at info@gravitartgallery.com
COMPANY
Postal Address:
Calle Pico de la Miel 13, Casa 55
PO Box 28708
MADRID, ESPAÑA
Email address:
info@gravitartgallery.com
+254 789585173