Paintings for sale | L`Art Gallery, Andryiivsky descent, 30

Terms and conditions

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR PRODUCTS ON THE DIGITAL PLATFORM (HTTPS://L-ART.KIEV.UA), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AND YOU REPRESENT THAT YOUR PURCHASE AND USE OF PRODUCTS MADE AVAILABLE ON THE DIGITAL PLATFORM WILL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS AND YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT PURCHASE PRODUCTS ON THE DIGITAL PLATFORM.

The following Terms and Conditions are entered into by and between you and L`ART GALLERY, LLC., and, together with any documents incorporated herein by reference, govern your purchase and our offer and sale of products through the L`ART GALLERY Marketplace available at https://l-art.kiev.ua (the “L`ART GALLERY Website”), whether accessed through a desktop, mobile device, tablet, mobile application or other means (collectively, the “Digital Platform”). You should carefully review all Terms and Conditions before placing an order for products on the Digital Platform.

1. OUR ROLE.

We customarily offer products for sale on behalf of third-party sellers (product owners), who may be unnamed, on a commission basis. Thereby, in offering certain products on the Digital Platform and accepting and fulfilling orders we are acting as the applicable seller’s agent. In some instances, the products we offer for sale through the Digital Platform are owned by L`ART GALLERY, LLC. We do not produce any of the products made available through the Digital Platform.

2. AUTHENTICITY GUARANTEE.

2.1. We, as the Seller, provide an Authenticity Guarantee to the Buyer, subject to the following terms and conditions, that the Property is not a “counterfeit”. For these purposes, a “counterfeit” means an item of Property that in L`ART GALLERY, LLC reasonable opinion is an imitation created to deceive as to authorship, origin, date, age, or period. No item of Property shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind.

2.2. The Authenticity Guarantee period is not limited.

2.3. The Authenticity Guarantee is provided solely for the benefit of the Buyer and cannot be transferred to any third party.

2.4. To claim under the Authenticity Guarantee, the Buyer must: (i) notify us in writing within three months of receiving any information that causes the Buyer to question the authenticity or attribution of the Product (ii) return the Guaranteed Item to L`ART GALLERY, LLC in the same condition as at the date of the original purchase and be able to transfer good title to the Guaranteed Item, free from any third party claims arising after the date of such purchase. In addition, we may also require the Buyer to obtain, at the Buyer's cost, the reports of two independent and recognized experts in the field, mutually acceptable to us and the Buyer. We will not be bound by any such reports, and we reserve the right to seek additional expert advice at our expense.

2.5. Subject to the above, if we reasonably determine that the Product is a counterfeit, we will ensure that the purchase is rescinded, and that the Buyer is refunded the Purchase Price at the purchase date.

2.6. The rescission of a sale and the refund of the original purchase price paid is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. L`ART GALLERY, shall not be liable for any special, punitive, incidental, or consequential damages incurred or claimed, including without limitation, loss of profits or interest.

3. ORDERS AND CANCELLATION.

Products offered on the Digital Platform may be made available for purchase (a) on a traditional retail basis (using the “Add to cart” option) and/or (b) through our “Price request” option, in which case, any user of the Digital Platform can request the price of the product and, after agreeing with the price of the Product, purchase it. When making a purchase through our “Add to сart” option, your order is not finalized until (a) your order is accepted by the seller and (b) you complete the checkout and payment process. You may cancel an order within twenty-four (24) hours of placing the order by calling us. All orders are subject to our acceptance, and we will not be obligated to fulfill any order unless and until we accept it. Orders are subject to product availability, and we may, in our sole discretion, choose to limit, cancel, refrain from processing, or prohibit an order for any reason. This may occur, for example, if the product ordered is out of stock (including if another purchaser places an order for a particular product before you do) or has been mispriced if we suspect the order is fraudulent, or in other circumstances, we deem appropriate in our sole discretion. We also reserve the right to take steps to verify your identity before accepting or processing your order or after your order is accepted or processed. If we accept your order, we will send you a confirmation email with your order number, a summary of the items ordered, and shipping and pricing details (“Order Confirmation”). If your order cannot be completed for any reason, we will notify you using the information you provide when placing your order.

4. PRODUCT DESCRIPTIONS.

We attempt to provide accurate descriptions and images of products offered through the Digital Platform. L`ART GALLERY, LLC will assign each product an overall condition report, which appears on the item detail page. It is your responsibility to review all the information provided about a product, including the condition rating, before placing an order. We strive to keep the product description and photos relevant, but we are ready to provide more information upon request. You acknowledge that the products are sold on an “AS-IS” basis.

5. PRICES.

All prices posted on the Digital Platform are subject to change without notice. The price of the products on the Digital Platform is determined in foreign currency US Dollars. Payment for products should be executed in the national currency of Ukraine - Hryvnia, in accordance with the exchange rate specified on the website https://minfin.com.ua/ua/company/privatbank/currency/ (section "Exchange rate in Privatbank"; column "Sales").

6. PAYMENT.

You agree to pay in full the prices for any purchases you make by payment means acceptable to L`ART GALLERY, LLC. We may process payments through third-party service providers. Whether you make a purchase via “Add to cart” your payment method will be charged when you complete the checkout and payment process. By placing an order, you authorize us, and our third-party service providers, to immediately charge your selected payment method for all amounts presented to you in the checkout and purchase process. You represent and warrant that: (a) the payment information (including any credit or debit card information) you supply to us is true, correct, and complete; (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your credit or debit card company (if applicable); and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due promptly upon our first demand.

7. SHIPPING.

Products ordered through the Digital Platform will be shipped to the destination specified in the Order Confirmation. We deliver worldwide, but we are not able to ship products to certain destination countries. Please contact L`ART GALLERY, LLC to confirm whether we ship to your intended destination. Delivery cost is an additional cost on top of the product price and should be paid by the Buyer. For different destination country delivery cost and delivery time varies. Please contact L`ART GALLERY, LLC to get the delivery cost and estimated delivery time. Delivery within Ukraine is provided by NovaPoshta. International delivery is provided by UkrPoshta, EMS, DHL, UPS, and FedEx. Domestic delivery takes from 1 to 3 business days. International delivery takes from 5 to 21 business days depending on destination and carrier. Once the Order Confirmation is issued, L`ART GALLERY, LLC will arrange for shipment of the ordered products to you through a third-party delivery service provider that you select at checkout, and we will provide a shipment tracking number upon shipment. Shipping and delivery dates and times are estimates only and cannot be guaranteed, and we are not liable for any loss or damage caused by a delay in shipment. Title and risk of loss pass to you upon our transfer of products to the delivery service provider. When you select local pickup, the title, and risk of loss pass to you upon receiving the product.

8. RETURNS.

We accept returns of the goods within 14 days (excluding return shipping time, only for international shipments) from the date the goods are received. Buyers have two calendar days from the date of delivery (excluding weekends and local national holidays) to inspect the object and contact us (info@l-art.kiev.ua) to request a Return Authorization. When contacting us to initiate a return, please include:

• The reason for the return

• Your order number (find this in your order confirmation email)

• Your phone number

• If the item arrived damaged, photos of the damaged item and packaging. Send a close-up photo of the area(s) of concern and photos of the item as a whole. Photos are required to file a claim for damaged property.

Once we review your return request, we will send you an email with further instructions. Each returned item must be received in the condition it was in when shipped. Note that all returns will be inspected upon receipt for authenticity and condition. We reserve the right to decline any return or deduct from the amount refundable for any damage to the property. Note that when returning an item, you will be solely responsible for any return shipping costs, including any taxes or customs duties.

9. PRIVACY.

Any information received by the Parties within the framework of these Terms and Conditions is strictly confidential and may not be transferred to third parties, except for the cases provided for by the current legislation of Ukraine, or to fulfill of these Terms and Conditions. In case of loss or disclosure of confidential information, the Party shall immediately inform the other Party about the loss or disclosure of confidential information, then both Parties shall take all necessary measures to prevent any further disclosure, damage, or other negative consequences caused by the loss or disclosure of confidential information.

10. PERSONAL DATA PROCESSING.

The Buyer acknowledges and agrees to the provision of his personal data and the personal data of third parties specified by the Buyer in the process of ordering the products. The Buyer guarantees and is responsible for the fact that the data specified during the order process are reliable and voluntarily provided by him and third parties, and all such persons are familiar with and agree to these Terms and Conditions. The Buyer, through a free and in no way unrestricted expression of his will, gives L'ART GALLERY, LLC consent to the processing of his personal data, voluntarily provided by the Buyer. The Buyer gives L'ART GALLERY, LLC consent to the processing of his personal data through a free and in no way unrestricted expression of his will. The Buyer gives his consent to the processing of the following personal data: first name, surname, patronymic, year, month, date and place of birth, address, citizenship, contact information (home address(es), home and mobile phone numbers, e-mail address, etc., photos; information contained in identity documents, including passport data, tax number, photocopies of passports, other personal documents, any other personal data and information voluntarily provided/specified by the Buyer when filling out acts, bills, invoices, questionnaires, etc., related to the purchase of products, as well as data that L'ART GALLERY, LLC may need in connection with the implementation of the purpose of personal data processing.

11. FORCE MAJEURE.

We will not be liable for or be deemed to have defaulted under or breached this agreement for failure or delay in fulfilling or performing any of our obligations to the extent, and for so long as, such failure or delay is caused by events beyond our reasonable control, including without limitation, fire, flood, natural disaster or other act of God, riot, strike or other civil or labor unrest, transportation or other infrastructural incapacitation, inability to secure sufficient labor, the act of war, armed conflict, terrorist attack, governmental action or regulation on, an outbreak of disease, public health emergency, pandemic, nuclear or chemical contamination, or any other cause that we could not have prevented with reasonable care (any of the foregoing, a "Force Majeure Event"). If we are prevented from or delayed in performing any of our obligations by a Force Majeure Event, we shall promptly notify you and recommence performance when and to the extent possible without unreasonable delay. Further, if a Force Majeure Event materially impedes or interferes with our ability to perform our obligations relating to the sale of the Goods, we may, unless you object in writing within 14 days of our notice to you, modify our obligations relating to the sale of the Property.

12. SETTLEMENT OF DISPUTES.

In everything that is not provided for in these Terms and Conditions, the parties are governed by the legislation of Ukraine. All disputes and disagreements arising out of or in connection with these Terms and Conditions, if possible, should be resolved by negotiation between the Parties. If the parties do not reach an agreement, disputes and disagreements are referred to the court in accordance with the procedure established by the legislation of Ukraine.

13. INFORMATION ABOUT L'ART GALLERY, LLC.

· Legal form – Limited Liability Company.

· The name – "L'ART GALLERY".

· Registration number – 41687466.

· Location – 04070, Kyiv, Andriyivskyi Uzviz, 30

· Telephone – +380 98 124 06 58

· Bank account – IBAN UA913052990000026001026214140 in PJSC CB "PRIVATBANK" (Registration number 14360570, bank code 305299). 01001, Kyiv, Khreshchatyk St., 46A.

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