
Terms and Condition
1) PURPOSE
The purpose of the ANNAPURNA GALLERIES website accessible at https://www.annapurnagalleries.com/ is to display the Artists' https://sandboxlive.annapurnagalleries.com/artist Artworks https://www.annapurnagalleries.com/ to users of the site for potential "Buyers" and give them the opportunity to purchase them online directly from the Sellers.
The purpose of the present T&Cs is to define the terms and conditions for the online sale of the Artworks displayed on the Website, and to define the rights and obligations of the Parties in this transaction. Sales made through the Website are executed directly between the Buyer and the Seller.
ANNAPURNA GALLERIES is in no way a reseller of the Artworks offered by the Sellers on the Website. ANNAPURNA GALLERIES acts as a simple intermediary operating the Website enabling Sellers and Buyers to connect.
Consequently, ANNAPURNA GALLERIES is not a Party to the sale contract, which is executed solely between the Buyer and the Seller, who is the sole seller of the Artworks and is solely liable for the obligations related.
The terms and conditions of sale which may be laid down by the Seller in each of its offers, the legal provisions and contractual liability shall apply to the sale contract executed between the Buyer and the Seller.
2) ACCEPTANCE
The acceptance of these T&Cs is required for the conclusion of the sales contract, by both the Seller and the Buyer.
3) ORDER
The Seller offers the Artworks for sale on the Website. Each proposed Artwork comes along with a brief description containing information on its support, dimensions, weight, and nature. To purchase an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her shopping cart and fill in the information required for the order (or identify him/herself, if he/she has a user account). Before confirming the order, the Buyer must check the information in the order summary and can correct any errors and agree on the delivery costs.
The Buyer account will not be debited until the purchase offer is validated within24hours from the order by ANNAPURNA GALLERIES, to ensure the availability of the Artwork by the Seller.
In the event the Artwork is not available, an email informing the Buyer will be sent within 24 hours from the order, resulting in the cancellation of the order.
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"Customization request" is defined as any change requested by the user that results in a modification of the initial characteristics of the Artwork (size, material, aspect...). If the Artwork (in stock or to be produced) is subject to a customization request from the Buyer, the Seller will make a quotation to the Buyer and will wait for its validation before producing the Artwork. The quotation contains a provisional delivery date for the customized Artwork. If ANNAPURNA GALLERIES has confirmed receipt of payment within 3 working days of the quotation being sent to the Buyer, the sale is then considered to have been concluded under the terms of these T&Cs. If after 3 working days ANNAPURNA GALLERIES has not validated the order by confirming receipt of payment, the order is cancelled.
4) SALE PRICE AND PAYMENT TERMS
The sale price of the Artworks is displayed on the Website in the currency determined by the Buyer without taxes. The different possible delivery methods, and the related costs, are indicated at the time of the order summary before checking out. The delivery and packaging costs depend on the nature of the Artwork, its dimensions, its weight, and the place of delivery. Payment of the price of the Artwork by the Buyer to the Seller is made via the payment services made available by ANNAPURNA GALLERIES: credit card and bank transfer (the conditions of use of which are available at the following address: www.annapurnagalleries.com). The transfer of ownership takes place once the Buyer has paid the full price. In the event of nonpayment of the full price, the sale will be automatically dissolved, and the Artwork will be put back for sale on the Website.
5) DELIVERY OF ARTWORKS
Paintings are delivered to the address indicated in the order summary form, during working hours and in accordance with the terms and conditions laid down by the carrier determined at the time of the order. The Buyer must acknowledge the terms and conditions of delivery of Artworksβ carriers. The obligations relating to the delivery of the Artwork, (compliance with the estimated delivery date, the quality of the packaging of the Artwork, as well as compliance with the fit for purpose obligation), are the sole responsibility of the Seller. ANNAPURNA GALLERIES cannot be held liable in any way in the event of the Seller's failure to comply with these obligations. The Buyer is obliged, upon reception of the order, to check the condition of the Artwork and to express any reserve in writing and without delay, at the latest within 48 hours (about 2 days) from the ordering date to ANNAPURNA GALLERIES, which will pass them on to the Seller.
6) RIGHT OF WITHDRAWAL
The Buyer has a period of 14 days (about 2 weeks) from the delivery of the Artwork to exercise his right of withdrawal from the Seller, free of charge and without reason (except if the Artwork has been the subject of a request for personalization by the
Buyer). If the Artwork is subject to a customization request, the Buyer may not exercise his right of withdrawal. If the Seller is acting as a consumer or nonprofessional, he/she shall specify in the offer whether the Buyer is granted a right of withdrawal. The Buyer exercises his/her right of withdrawal with ANNAPURNA GALLERIES by sending an email to the following addresssupport@annapurnagalleries.com.
ANNAPURNA GALLERIES will then deal with the Buyer's request for withdrawal and will reimburse the Buyer within 14 days (about 2 weeks) of the date on which ANNAPURNA GALLERIES is informed of the Buyer's withdrawal. The refund will be for the price of theArtwork paid by the Buyer as well as the return costs. Artworks returned damaged or soiled by the Buyer will not be taken back or reimbursed, ANNAPURNA GALLERIES reserving this choice at its sole discretion.
7) LEGAL GUARANTEES
The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of nonconformity and the guarantee of hidden defects.
8) INTELLECTUAL PROPERTY
The Seller guarantees that he is the author of the transferred Artwork, that the Artwork does not infringe any laws, regulations, or standards and that it does not violate the rights of third Parties. Seller undertakes to guarantee ANNAPURNA GALLERIES and the Buyer and keep them harmless against any claim filed by a third Party concerning the Artwork. At the time of the sale, the Seller transfers to the Buyer the material support of the Artwork and its rights of representation on the Artwork. However, the Seller retains the moral rights to the Artwork and those related to its reproduction.
9) DATA PROTECTION
ANNAPURNA GALLERIES collects and keeps the personal data of the Buyer and the Seller for the proper execution of the present T&Cs. ANNAPURNA GALLERIES reserves the right to keep certain data to justify, if necessary, the perfect execution of its contractual or legal obligations. The data stored in this way will be limited to what is strictly necessary for the operation of the services ANNAPURNA GALLERIES undertakes to put in place all the security measures necessary to protect the confidentiality of the information provided by the Buyer and the Seller.
10) APPLICABLE LAW
These T&Cs are governed by Nepalese Law.
We request you to refer https://sandboxlive.annapurnagalleries.com/footer/tax-policy for further legal details.
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