Terms and Conditions of Sale
I. Background
This Terms and Conditions of Sale (the “Terms of Sale”) of the Website, artbeing.co (the “Company”, “Us” or “We”) is entered into between the Company and any buyer or registrant of the Website (referred to as “You”, “Yourself” or “Buyer”). The Terms of Sale provide the manner in which the Company offers all artworks to You, when You place orders on the Website and it also applies to all the agreements concluded between the Company and You in relation to the artworks offered by the Company on the Website. We urge You to familiarise Yourself with the Terms of Sale from time to time, as the Company may in its sole discretion make changes to the same. Your use/access of the Website signifies Your consent to the Terms of Sale and other policies of the Company as may be applicable from time to time. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
II. Artwork
The Company strives towards making the shopping experience on the Website memorable and convenient, for every Buyer to the greatest extent possible. You may purchase the artworks, as are provided on the Website, in accordance with the payment terms hereunder. Based on the availability of the artwork, the same shall be dispatched to You in accordance with Company’s policies.
III. Order Cancellations
Art Being reserves the right to cancel any order for placed via the Site and Services if Art Being determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Art Being cancels an order placed via the Site and Services, Art Being will send you an email confirmation of such cancellation and you will not be charged for your order.
IV. Shipping and Insurance
If an artwork is lost during shipment or arrive damaged, a claim will be filed on Buyer’s behalf. Full coverage insurance will be bought for Buyers before shipment. We will handle the insurance claim in accordance of the terms provided by insurance company. Buyers interests will be set as highest priorities if full claims cannot be redeemed, and the seller/owner of the product/artwork will be responsible for covering the loss.
V. Return & Refund of Artwork
All returns shall only be accepted by the Company if (a) the artwork are returned in the original condition, without any damage whatsoever it was received, (b) Any bills and labels or return forms are retained on the artwork, if any, (c) the certificate of authenticity is returned in its original and unmodified form along with the returned artwork. In the event that any one or more of the aforementioned criteria are not met, the Company reserves the right to reject the cancellation request and to retain the payment towards the artwork.
Upon receipt of the returned artwork, the Company shall have, in its sole discretion, the right to decide whether the artwork is eligible for return/refund based upon the above noted return conditions. If the Company determines that is a refund may be processed, it will refund the money paid by You using the same mode of payment that was used by You for ordering the artwork on the Website.
VI. Payments
You may purchase the artworks that are listed on the Website. Indicative pricing may be available on the Website.
VII. Disclaimer
The Company makes no warranty regarding the quality of any works, services, content or artworks purchased or obtained through the Website or the accuracy, timeliness, completeness, or reliability of any content obtained through the Website or purchase of the artwork.
VIII. Applicable Law
These Terms of Sale are governed by and construed in accordance with the laws of HKSAR without reference to its conflicts of laws rules. You agree, as We do, to submit to the exclusive jurisdiction of the courts located in HKSAR to settle any dispute between Us in relation to our artworks or services.
Terms and Conditions of Use
I. Background
This Terms and Conditions of Sale (the “Terms of Sale”) of the Website, artbeing.co (the “Company”, “Us” or “We”) is entered into between the Company and any buyer or registrant of the Website (referred to as “You”, “Yourself” or “Buyer”). The Terms of Sale provide the manner in which the Company offers all artworks to You, when You place orders on the Website and it also applies to all the agreements concluded between the Company and You in relation to the artworks offered by the Company on the Website. We urge You to familiarise Yourself with the Terms of Sale from time to time, as the Company may in its sole discretion make changes to the same. Your use/access of the Website signifies Your consent to the Terms of Sale and other policies of the Company as may be applicable from time to time. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
II. Communications
To improve the service that We provide to You, You may need to communicate with Us through emails or any other mode of communication. When You use the Website or send emails or other data and information, You agree and understand that You are communicating with Us through electronic records and You hereby provide your express consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email, telephone or by such other mode of communication, electronic or otherwise. It is important that You understand that any such mode of communication, helps Us provide You with information that We think You require from time to time such as confirmation of a purchase on the Website or knowing the status of delivery related to such purchases.
III. Your Conduct
We wish to provide You with a wonderful experience while using the Website, however it is important that You understand that We must place restrictions on the same in order to establish the same for other Users and ensure that Your conduct is not detrimental in any manner whatsoever to Us or other Users. You shall be solely responsible for the manner in which You conduct Yourself on the Website. Without limiting the generality of the list below, You shall not: use a robot, spider or data mining or extraction tool or process to monitor, extract or copy the contents of the Website; engage in any activity that interferes with the Website or another User’s ability to use the Website; modify, create derivative works from, reverse engineer, decompile or disassemble any technology or images used to provide the Website and the services offered on the Website; use any meta tags, search terms, key terms, or the like that contain the Website’s name or trademarks used on the Website; attempt to impersonate any person; reproduce, duplicate, copy, sell or otherwise exploit the Website or any product/artwork image, product/artwork listing, artwork description, price, page layout, page design, trade dress, trademark, logo or other content for any commercial purpose, except as expressly provided; or assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
IV. Services
(a) 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 art work. You acknowledge that artwork is being provided without warranty in its current “AS IS” condition. COMPANY MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
(b) 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.
V. Intellectual Property Rights
Unless otherwise indicated, the Website and all content and other materials therein, including, without limitation, the Company’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of the Company or its licensors or users and are protected by HKSAR and international copyright laws. The purchase of any artwork does not provide the User with any copyright interest or other intellectual property right in the artwork. The Company’s trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by the Company that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent.
VI. Notice and Procedure for making claims of Intellectual Property Infringement
If you believe any material available via the Website infringes a copyright/trademark You own or control, You may file a notification of such infringement with our designated agent at [email protected]
VII. Intellectual Property Complaints / Compliance
Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, We will remove such actual or alleged infringing artwork(s) from the Website and/or cease sales of the artwork(s) pending Our investigation. We honour the intellectual property rights of others. If You believe that Your work has been copied or used on the Website in a way that constitutes intellectual property infringement, please notify Us by following the procedure set forth in the immediately aforementioned paragraph.
VIII. Applicable Law
These Terms of Use are governed by and construed in accordance with the laws of HKSAR without reference to its conflicts of laws rules. You agree, as We do, to submit to the exclusive jurisdiction of the courts located in HKSAR to settle any dispute between Us.
IX. Updates
The Terms of Use may be updated from time to time at the sole discretion of the Company. To that end, it is Your duty to acquaint Yourself regularly with the contents of the same.