“Art-Time Gallery” TERMS & CONDITIONS
Last updated August, 2020
Art-Time Gallery welcomes you and thanks you for choosing to browse our website at: www.art-time.co.il (the “Website” or the “Site”).
The website was created with the main goal of providing a convenient platform for visitors and customers to view and/or purchase modern art. The website also provides information about the gallery, artists and products for sale.
1. AGREEMENT TO TERMS:
- These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and the Site (“we”, “us” or “our”), concerning your access to and use of the Site as well as any other media form, media channel, mobile website or website related, linked, or otherwise connected thereto. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions (“Terms and Conditions”).
- In the event of inconsistency between any terms of this contract and any translation into another language, the Hebrew version will control and prevail on any question of interpretation or otherwise.
- We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.
- The Site is intended for users who are at least 18 years of age.
2. INTELLECTUAL PROPERTY RIGHTS:
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.
- You acknowledge and agree that you will be held solely responsible for information and content that you share and/or upload and/or submit on the Site including, questions, comments, suggestions, ideas, feedback, photos, video or any other information. The Site will have a free, worldwide and unlimited irrevocable license to duplicate, copy, distribute, market, edit, translate and publish the aforesaid content in whichever way the Site chooses.
3. USER REPRESENTATIONS:
- By using the Site, you represent and warrant that: (1) Each and every use of the Site is for your own risk and responsibility; (2) all registration information you submit will be true, accurate, current, and complete; (3) you will maintain the accuracy of such information and promptly update such registration information as necessary; (4) you have the legal capacity and you agree to comply with these Terms and Conditions (5) you are not under the age of 18; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.
- We have the right to refuse any and all current or future use of the Site. Without Limiting the generality of the Foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES:
- You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email by automated means or under false pretenses;
- steal and/or copy and/or make any use of the designs and/or ideas of the artwork on the website and/or violate the copyright of the artists on the website in any other way;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- trick, defraud, or mislead us and other users;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- attempt to impersonate another person;
- use any information obtained from the Site in order to harass, abuse, or harm another person;
- use the Site as part of any effort to compete with us;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
- delete the copyright or other proprietary rights notice from any Content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including use of spamming, that interferes the enjoyment of the Site;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
- use the Site in a manner inconsistent with any applicable laws or regulations.
- Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
5. THIRD-PARTY CONTENT:
- The Site may contain (or you may be sent via the Site) links to other Sites (“Third-Party Sites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement thereof by us.
- Any purchases you make through Third-Party Sites will be through other Sites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
6. SITE MANAGEMENT:
- We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
- In order to provide you service, we may use your personal data, such as, inter alia, information about your use of the Site, and information about your mobile device or computer (“Personal Information”). The Personal Information may be collected and used to:
- provide services to you and improve the Site and/or the services;
- ensure proper performance of the Site;
- analyze and manage our businesses;
- improve our customer service;
- contact you or provide you with relevant data with regard to the Site or the s
- Each time you use the Site, we may automatically collect certain types of information. Some examples of automatic information we may collect are as follows:
- we may record your internet service provider’s address, your internet protocol or IP address and the type of handheld or mobile device.
- we may collect a record of your activity or your “clickstream” while visiting the Site.
- we may use “cookies” of different types to recognize your computer or mobile device. A cookie is a small text file that a website, online application, or e-mail may save to your internet browser and/or your computer’s hard drive for use in subsequent visits to sites.
- we may collect any information you enter, share or that can be obtained from your use of the Site.
- We may share your personal information with third parties, including with our Services Providers.
- Some examples of things service providers may do that may involve your personal information are:
- develop, host or maintain the Site on our behalf;
- aggregate customer information and/or improve customer service. We may then share such aggregated information with prospective marketing partners and advertisers.
8. COPYRIGHT INFRINGEMENTS:
- We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.
9. TERM AND TERMINATION:
- These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
10. MODIFICATIONS AND INTERRUPTIONS:
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
- We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
- We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
11. FEES AND PAYMENTS:
- Prices, availability of artwork, and other purchase terms are subject to change. The Site reserves the right without prior notice to discontinue or change specifications and prices on artwork offered on and outside of the Site without incurring any obligation to you. All fees may be subject to taxes.
- All taxes and additional fees associated with the artwork, which are not taxes of the state of Israel, will apply to the customer and the customer will have no complaint on the matter.
- No VAT will be charged in Israel for international orders, and therefore the shipment cost of international orders will be paid for by the site.
- The site offers limited edition and/or single unit (one piece) artwork and therefore, availability of artwork does not depend on the site and the customer will have no complaint on the matter, even if the customer purchased artwork that is out of stock.
- The price of artwork on the site includes only the artwork itself, and does not include the price of frames and/or any other additional products.
- You are responsible for providing true, accurate, current, and complete information when ordering artwork through the Site or otherwise. If you use the Site or other means to purchase a service, payment must be received prior to acceptance of an order. The Site may need to verify information you provide before accepts your order, and may cancel or limit your order any time after it has been placed. If payment has already been made and your order is cancelled or limited, The Site will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
- If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- Purchase of other products and services through the Site may be subject to additional terms and conditions presented to you at the time of purchase.
12. SHIPPING POLICY:
- Orders placed on the site will ship to the address provided by the customer and/or to any other location agreed upon by the parties while placing the order.
- International shipping of products will be supplied according to the policy of the shipping provider that the customer chooses. International shipping to the following regions will be paid for by the site:
- Europe, North America, Australia, South Africa and Brazil;
- International shipping of artwork to areas not mentioned in clause 12.2.1 will be subject to the judgement of the site.
- Orders placed within the state of Israel and/or international orders will be shipped and delivered within 14 business days by courier and/or by the Israeli Postal Company and will be paid for by the site. “Business day”- any day except for any Friday, any Saturday and any day which is an Israeli holiday or any day on which the Israeli banking institutions are authorized or required by law or other governmental action to close.
- There is no minimum order requirement.
- In the event that artwork ordered on the Site is out of stock at the time the order is placed, the Site will contact the customer within 4 business days. If the customer cannot be reached, the Site will ship the order without the artwork which is out of stock.
- In the event that the customer is not present at the time that the order arrives, the order will be returned to the store and reshipped once an additional shipping fee has been paid by the customer.
- The order will be shipped according to the following terms:
- there is reasonable access to the location which the order is being shipped;
- the Israeli Postal Company and/or the site’s shipping provider distribute in the area;
- if the order is being shipped to an organization, institution, kibbutz or settlement that cannot be reached without special authorization and/or does not have marked streets and/or marked house numbers, the order will be delivered to the distribution point of that same location.
- The Site will not be held responsible for any delay and/or problem with the shipment of orders caused by the following terms:
- force majeure and/or events that are out of the Site’s control;
- for reasons related to the shipping provider;
- an economy close, so that the Site’s operations and/or the Site’s suppliers and/or service providers are impaired for whatever reason.
13. RETURN, EXCHANGE AND CANCELLATION POLICIES:
- Request for refund, exchange or cancellation of an order will be submitted to the Site by the customer in one of the ways stated at the bottom of this Terms and Conditions.
- Customers are eligible for refunds, exchanges or cancellations of orders within 14 business days of receipt of order.
- Refunds will be credited to the original form of payment.
- Custom made artwork and/or artwork that has been taken out of the original package will not be eligible for return.
- In the event that a refund, exchange or cancellation is requested by the customer after the 14 day period, the request of a refund, exchange or cancellation will be subject to the Site’s sole judgement.
- Refunds, exchanges or cancellations will be approved after the customer receives a written message of approval from the Site.
- In the event that a refund, exchange or cancellation is approved by the Site for reasons not including product defects:
- the customer must return the artwork in its original packaging;
- the customer must return the artwork unused, in the condition in which it was received;
- the artwork will be returned with the original receipt or proof of purchase;
- the expense of return will be paid for by the customer;
- a return fee of 100 NIS or 5% of the price of the artwork will be charged (to be determined by the cheaper option).
- In the event that a refund, exchange or cancellation is approved by the Site due to a defect, the Site will hold sole responsibility for collecting or exchanging the artwork.
- The Site will examine all defective artwork. In the event that the Site finds the artwork to be valid and/or finds that the defect has been caused by the customer, refunds will not be approved and the artwork will be shipped back to the customer after an additional shipping fee has been paid by the customer.
- The aforesaid in section 13 above is subject to the Israeli Consumer Protection Regulation (Cancellation of Sale), 2010.
14. GOVERNING LAW:
- These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.
- Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state Israel, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
- PICTURES SHOWN ON THE SITE ARE FOR ILLUSTRATION PURPOSES ONLY. ACTUAL ARTWORK MAY VARY. THE SITE WILL NOT BE HELD ACCOUNTABLE FOR ANY MISTAKE AND/OR VARIATION IN THE DESCRIPTION AND/OR PRICE OF ARTWORK.
- INFORMATION ABOUT ARTWORK AND/OR REPRESENTATION OF ARTWORK ON THE SITE WHICH ORIGINATE FROM THE SITE’S BUSINESS PARTNERS AND/OR THIRD PARTIES WHO’S ARTWORK IS DISPLAYED ON THE SITE, WILL BE THE SOLE RESPONSIBILITY OF THOSE SAME BUSINESS PARTNERS AND/OR THIRD PARTIES AND THE SITE WILL NOT BE HELD ACCOUNTABLE FOR ANY MISINFORMATION AND/OR MISREPRESENTATION OF ARTWORK BY THE SITE’S BUSINESS PARTNERS AND/OR THIRD PARTIES.
- MUCH OF THE ARTWORK DISPLAYED ON THE SITE WAS CREATED BY ARTISTS, THIRD PARTIES. THE SITE’S CUSTOMERS CONFIRM AND DECLARE THAT THEY ARE AWARE OF THIS AND THAT THEY ARE RESPONSIBLE FOR CONTACTING THE ARTIST AND/OR DEMANDING COMPENSATION FROM THE ARTIST AND/OR CREATOR FOR ANY DAMAGE, DIRECT OR INDIRECT, CAUSED TO THE CUSTOMER.
- These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
- If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
18. CONTACT US:
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by:
Address: 15 Shlomzion Hamalka street, Jerusalem, Israel;
Phone: +972-02-624-1317 or Email: firstname.lastname@example.org