1. PURPOSE AND ENFORCEABILITY OF THE GTCS
The purpose of Riana Raouna Gallery & Art Advisors Ltd, 16 Dedalou Street, Chapo Gardens, Suite 502, 1085 Nicosia, Cyprus, tel. no. +357 22462888, email address firstname.lastname@example.org (the "Seller") is to present and sell artworks created by artists (the "Artworks"), on their behalf, to users of the website, who can view a description and place an order to buy the Artworks by following the Seller's online procedures (the "Buyers"). These general terms and conditions of sale govern the online sale of the Artworks available on the Seller's website, and to define each party's rights and obligations in such a relationship.
2. ENQUIRY ABOUT THE WORKS
The Artworks are offered for sale on the Seller's website, subject to their availability. Each of the Artwork offered comes with a short explanation sheet containing information about its creator, its dimensions, date of production and type. To find out about the price or other information about an Artwork, the potential Buyer must select the Artwork of their choice and express their interest by sending their enquiry about the Artwork by clicking on "Enquire". To ensure availability of the Artwork, the Seller shall validate the Buyer's enquiry and respond to the Buyer within 72 hours, informing the Buyer of the total costs (the price of the artwork including tax (if applicable), plus insurance and delivery service charges to the point of delivery indicated by the Buyer. If the Artwork is no longer available, an email informing the Buyer will be sent within 48 hours. If the Artwork is available and the Buyer places an order the Seller will confirm the order and invoice the Buyer, subject to the Seller's rights in paragraph 7) hereinbelow.
3. PRICEAND PAYMENT
1) The Artwork's sale price indicated on the Seller's invoice shall include V.A.T. in accordance with applicable law. The delivery method and all related costs shall be separately quoted and will depend on the type of artwork, its dimensions, as well as the place of delivery. Delivery costs will include insurance coverage for the wholesale price of the purchased Artworks against damage or loss up to the point of delivery. V.A.T. (if applicable).
2) The Artworks presented on the website may be located in the Artist's home country or any other country of the Artist's choice, which includes the United Kingdom and some other European countries. International shipments may be subject to import duties, taxes and delivery service charges, which are levied once a shipment reaches the Buyer's country. Any such additional charges for customs clearance must be borne by the Buyer. The Buyer should note that customs policies vary widely from country to country; the Seller refers each customer to contact their local customs office for further information. Please be aware that cross-border shipments are subject to opening and inspection by customs authorities.
3) The Buyer must pay the full price for the Artworks including import duties, taxes and delivery service charges by bank transfer or such other methods as the Seller agrees, within 10 days of the date of receiving the Seller's invoice (unless specified otherwise on the invoice or statement). Payment is deemed received when the Seller have cleared funds. The payment of the artwork price by the Buyer to the Seller is made via bank transfer. No delivery of Artwork shall be performed unless full settlement of the invoice has been received.
4) The Buyer shall not be entitled to withhold payment of any amount payable to the Seller by reason of any dispute or claim by them whether by way of set off, counterclaim or other deduction. In the event of non-payment or other breach, the Seller shall be entitled to obtain and enforce judgment without determination of any claims by the Buyer.
5) The Seller reserves the right to require the Buyer to present such documents as the Seller may require to confirm the Buyer's identity. Where payment of the Price is made by someone other than the Buyer (a "Third Party Payer"), the Seller may require documents to confirm their identity and their relationship with the Buyer. The Seller may decline such payments in their sole discretion. The Seller also generally reserves the right to refuse a sale to anyone for any reason at any time.
6) Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on the Gallery.
4. PROOF OF SALE
All sales of Artwork are subject to these GTCS. The Buyer's acceptance of these Terms may be demonstrated by:
- the Buyer's signature on the invoice;
- full or partial payment of the Price;
- the Buyer's signature on the delivery note; or
- any other words or conduct demonstrating the Buyer's acceptance (for example by the Seller accepting an offer to sell the Artworks to the Buyer , which offer shall in all cases be subject to these Terms).
- electronically, by the Buyer expressly indicating acceptance of these GTCS before placing an order online, by email or through the Seller's website (where available)
5. DELIVERY OF THE ARTWORKS
1) Delivery time will vary depending on the artwork the Buyer has purchased, the delivery location and is based on the best available information from the Seller's suppliers at time of purchase. Dates quoted for delivery are approximate and the Seller shall not be liable for delay. Where any delay occurs, the Seller will notify the Buyer by email at the earliest opportunity.
2) The delivery of the Artworks is made at the address provided by the Buyer on the order summary form, during the business hours and according to the procedures laid down by the carrier responsible for the delivery. The Buyer must, as soon as they receive their order, check the condition of the Artworks, and report any reservation immediately and in writing, at the latest within 48 hours, to the Seller.
3) The Buyer agrees that after acceptance of delivery and provided that no reservation has been notified to the Seller in accordance with paragraph 1) above they will not hold the Seller responsible for any loss or damage to the Artworks. The Seller will not be responsible for any subsequent deterioration of the Artworks occasioned after the sale (delivery).
4) If the Buyer fails to accept delivery of the Artworks at the agreed time, the Seller may charge the Buyer for the reasonable costs of storage, insurance and re-delivery and the liability for any subsequent damage to the Artworks shall immediately pass to the Buyer.
6. EXPORT AND LOCAL TAXES
1) If the Work is to be exported from the Artist's location to the Buyer's destination, the Seller will make appropriate arrangements for the export and shipment and shall make a reasonable additional charge for doing so, which shall be quoted separately in the invoice. Unless agreed otherwise in writing, the Agreement is not conditional upon the granting of any requisite export licence or permission which both parties will use their best endeavours to obtain.
2) Each party will to the extent such obligation is applicable to that party in connection with the sale and/or export of the Work:
- comply with all requirements of any relevant tax authorities (that is, any authority imposing, administrating or collecting any tax, duty or levy including Income Tax and Customs), any export licensing authorities and any other relevant official bodies; and
- obtain all the relevant documents showing proof of export without delay.
3) When upon its sale to the Buyer the Artworks are intended for export, the Buyer will be charged for VAT on the Artworks should they not be exported.
4) The Buyer will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or use tax that have to be paid in the country of destination whether on shipment or on import or at any other time.
7. STATUTORY GUARANTEES
1) The Seller commits to respect and implement all statutory guarantees under Cyprus law, including the guarantee of non-compliance. If, at any time within 2 years from the date of delivery, a non-compliance (i.e. a hidden defect) is discovered, the Buyer shall have right to require the Seller to remedy such non-compliance on the Seller's cost or, if this is not possible or is unduly expensive considering the nature of the Artworks and/ or such non-compliance, to replace the Artworks with a similar item of the same or greater value or request a reduction (by partial refund) of the purchase price.
2) The consumer may request an appropriate reduction of the purchase price or withdraw from the contract of sale and receive a full refund if:
(a) neither repair nor replacement is possible; or
(b) only repair is possible, but it has failed; or
(c) the seller failed to remedy the non-compliance within a reasonable period of time; or
(d) the seller failed to remedy the non-compliance without significant inconvenience to the Buyer:
It is understood that the repair is considered as failed after a second unsuccessful attempt to repair the Artworks unless it arises otherwise by the nature of the Artworks or the defect or any other specific circumstances.
3) The Buyer cannot withdraw from the contract of sale if the non-compliance is not significant.
8. FORCE MAJEURE
The Sellershall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest, epidemic or pandemic (including Covid-19). Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder. The Seller shall immediately inform the Buyer of the occurrence of a Force Majeure, as well as the extinction thereof.
9. DATA PROTECTION
The Buyer's personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data of 2018 (Law 125(I)/2018). Specific information about the processing of the Buyer's personal data by the Seller is available in the Seller's Privacy Notice, a copy of which can be found here. By making inquiry about Artworks through the Seller's website the Buyer confirms that they have read and understood the Seller's Privacy Notice.
If a dispute arises out of or relates to this GTCS, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before the Cyprus Consumer Center For Alternative Dispute Resolution under Laws 159(1)/2012 and 85(I)/2017, as amended from time to time, prior to any party initiating an action in court. Mediation can be initiated by submitting a dispute using the online form which is available here.
11. RIGHT OF WITHDRAWAL
1) The buyer has the right to withdraw from this contract within 14 days without giving any reason.
2) The withdrawal period will expire after 14 days from the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the Artworks.
3) To exercise the right of withdrawal, the Buyer must inform Riana Raouna Gallery & Art Advisors Ltd, 16 Dedalou Street, Chapo Gardens, Suite 502, 1085 Nicosia, Cyprus, tel. no. +357 22462888, email address email@example.com of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
4) To meet the withdrawal deadline, it is sufficient for the Buyer to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.
5) Effects of withdrawal
a) If the Buyer withdraw from this contract, the Seller shall reimburse to the Buyer all payments received from the Buyer, except from the direct cost of returning the Works,without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the Buyer's decision to withdraw from this contract. The Seller will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer have expressly agreed otherwise; in any event, the Buyer will not incur any fees as a result of such reimbursement.
b) The Seller may withhold reimbursement until they have received the goods back or the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
c) If the Buyer has received goods in connection with the contract the Buyer shall send back the goods or hand them over to the Seller, without undue delay and in any event not later than 14 days from the day on which the Buyer communicates their withdrawal from this contract to the Seller. The deadline is met if the Buyer sends back the goods before the period of 14 days has expired.
d) The Buyer will have to bear the direct cost of returning the Works.
e) The Buyer is only liable for any diminished value of the Works resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Works.
f) If the Buyer does not intend to return the Works personally, it is strongly recommended to use the same carrier and insured shipping method used by the Seller to deliver the Works. In any case, it is strongly recommended to insure the Works against the risk of loss or damage during handling and transport.
12. PASSING OF RISK
The risk of loss of or damage to the Artworks shall pass to the Buyer when the Buyer or a third party indicated by the Buyer and other than the carrier has acquired the physical possession of the Artworks.
The copyright subsisting in all images and other materials produced for the sale of the Artworks is owned by the Artist and such images and materials may only be used with the Artist's permission via the Seller. The Seller will have the right to use such images in its discretion after the sale of the Artworks. For the avoidance of doubt, this sale does not transfer or assign or licence any copyright or other intellectual property rights to the Buyer. During the period in which the Artworks are protected by copyright, the copyright remains with the Artist (or any person to whom that right has been assigned. The Buyer is purchasing the Artworks, but not the right to produce copies of the Artworks (including photographs thereof) for publication or perform any other act restricted by copyright. If such rights are sought, the Buyer should contact the copyright owner.
14. LIMITATION OF THE SELLER'S LIABILITY
The Seller shall not be liable for any loss of profits, business, revenue (whether direct or indirect) or indirect or consequential loss or damage, if any, suffered by the Buyer in connection with buying the Work, howsoever arising, including negligence. Any liability to the Buyer for breach of the Seller's obligations whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause 8 limits or excludes the Seller's liability for: (a) death or personal injury caused by the Seller's negligence or any of the Seller's agents; and/or (b) fraud or fraudulent misrepresentation.
Any notice to be given to the Seller or that the Seller must give to the Buyer in connection with the sale of the Artworks must be in writing and sent by email, to the email address on the invoice, or to the Buyer 's last known address as notified to the Seller by the Buyer as the case may be, and shall be deemed delivered on delivery of the email.
16. LAW AND JURISDICTION
These Terms and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with the laws of the Republic of Cyprus and both parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Cyprus.
Riana Raouna Gallery & Art Advisors Ltd.
Telephone: +357 22462888