TERMS & CONDITIONS 2(Last Updated: 18th September, 2015)
These terms and conditions (the “Terms”) govern your access to and use of our website at www.addictedgallery.com (the “Site”) including your purchase of works of art (“Work” or “Works”) through the Site.
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT, BY ACCESSING OR USING THE SITE OR PURCHASING WORK(S) ON OR THROUGH THE SITE OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
If you become aware of any material on this Site which is in violation of a copyright, please notify us by e-mail at firstname.lastname@example.org or email@example.com.
1.0 INFORMATION ABOUT US
1.1: The Company is registered in Singapore and its registered office is at 1 Jalan Kuala, #18-01 The Morningside, Singapore 239639
1.2: Contacting us: You can e-mail us at firstname.lastname@example.org or email@example.com. Alternatively, contact us by telephone at +65 9068 2026 or by post to Addicted Pte. Ltd., 1 Jalan Kuala, #18-01 The Morningside, Singapore 239639. If you are emailing us or writing to us please include details of your order.
2.0 THE WORKS
2.1: The images of the Works shown on the Site are for illustrative purposes only. Although every effort has been made to display the colours accurately, the colours of the Works will be affected by the setting of the devices you use to view the images of the Works.
2.2: Information provided on the Site in respect of the Works and their creators are gathered by us directly from the creators, vendors and/or owners of the Works or through publicly available sources. While we make every effort to ensure that the information provided on the Site is accurate, we are unable to confirm that the information is accurate or complete. You are advised to conduct your own independent checks on all information relating to the Works including their creators before ordering any Work(s).
2.3: While we make every effort to ensure that the Works are genuine and authentic, we make no warranty or representation that the Works are indeed genuine or authentic and you are advised to conduct you own independent checks on whether the Works are genuine and authentic.
2.4: If a Work that has been purchased and fully paid by you is discovered to be fake, we will refund to you the price of the Work and the delivery charges (if any) paid by you, within 21 business days from the date the Company receives supporting evidence from you proving that the Work is fake. For the avoidance of doubt, all refunds shall be subject to our assessment, at our discretion, that the Work purchased by you is in fact a fake.
3.0 HOW WE USE YOUR PERSONAL INFORMATION
4.0 HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE COMPANY
4.1: Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please check your order and the information contained therein carefully at each stage of the order process.
4.2: After you place an order and pay for the Work(s), you will receive a receipt for the payment made by you from PayPal and the Company. If your payment is made through direct bank transfer, the Company will issue a receipt to you. However, please note that the issuance of a receipt does not mean that your order has been accepted by us. Our acceptance of your order will take place when we send the shipment tracking details for your order to you (the “Tracking Details”). Any order which is paid by you (including any handling, delivery and Insurance charges) but not accepted by us will be refunded to you as soon as possible.
4.3: If we are unable to supply you with a Work, for example because the Work has been withdrawn for sale by its creator, owner or seller, we cannot meet your requested delivery date or because of an error in the price on our Site, we will inform you of this by e-mail or calling you and we will not process your order. If you have already paid for the Work(s), we will refund you the full amount including any handling, delivery and insurance costs charged as soon as possible.
4.4: For the avoidance of doubt, no contract is formed between you and the Company in respect of the Work(s) ordered by you until your order has been reviewed and accepted by the Company. Upon our acceptance of your order, we will send the Tracking Details to you.
5.0 OUR RIGHT TO VARY THESE TERMS
5.1: We reserve the right, in our sole discretion and without notice to you, to modify, discontinue or terminate the Site or to modify these Terms. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site after we have posted a modification on the Site or after we have notified you of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you may cease using the Site.
5.2: In respect of each Work, the Terms in force at the time of your order will form the Contract between you and us subject to our acceptance of your order in accordance with Clause 4.2 above.
5.3: For the avoidance of doubt, the Terms are subject to the relevant laws and regulatory requirements in Singapore which shall prevail over the Terms and shall apply to all orders made with us through the Site.
5.4: If we have to revise the Terms in respect of your order prior to our acceptance of your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not agreeable to the changes to the Terms. If you choose to cancel your order, we will arrange a full refund of the price you have paid, including any handling, delivery and insurance charges.
6.1: You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents, vendors, partners, contractors, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defence of any claim. Your indemnification obligation will survive the termination of this Contract and/or your use of the Site, as the case may be.
7.1: Delivery of an order shall be completed when we deliver the Work(s) to the address provided by you in the order.
7.2: You shall own the Work(s) only after we have received your payment in full including all applicable handling, delivery and insurance charges and upon our acceptance of your order.
7.3: If you order Works from our Site for delivery outside Singapore, your order may be subject to import duties and taxes at your overseas destinations. You will be responsible for the payment of any such import duties and taxes.
7.4: In respect of delivery of Work(s) outside Singapore, you must comply with, and be liable for, all applicable laws and regulations of the country for which the Works are destined.
8.0 RISK OF LOSS AND INSURANCE
8.1: The Works purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, the risk of loss and title of the Works will pass to you upon our delivery of the Works to the third-party carrier.
8.2: During the order process, there will be an option available for you to purchase transit insurance for the delivery of the Work(s) from us to you. If you choose not to purchase the said transit insurance, you acknowledge, confirm and agree that you shall have no recourse against us, and that we are not liable to you in anyway, in respect of, arising out of and in connection to any loss and/or damage sustained by the Work(s) that will be delivered by the third-party carrier to you.
9.0 PRICE OF WORKS AND DELIVERY CHARGES
9.1: The price of a Work will be the price as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Works are reflected on the Site correctly. However, if we discover an error in the price of the Works ordered by you but before your order is accepted by us and before delivery of the Work is made, we will contact you to inform you in writing of this error and we will give you the option of continuing with the purchase of the Works at the correct price or cancelling your order. We will not process and accept your order until we have your written instructions. If we are unable to contact you, within three (3) days from the date of your order, using the contact details provided by you during the order process, we will not accept your order and treat it as cancelled. Further, we will refund the payment made by you and notify you in writing.
9.2: If goods and services tax (“GST”) are applicable, the prices of Works shown on the Site will either include GST or GST will be shown as a separate amount. The GST, if any, shall be at the applicable current rate chargeable in Singapore for the time being.
9.3: The prices of Works shown on the Site do not include handling, delivery and insurance charges. Handling, delivery and insurance charges shall be a separate charge which will be notified to you during the check-out process.
10.0 HOW TO PAY
10.1: You can pay for the Work(s) in either of the following ways:
- Direct bank transfer to our bank account.
10.2: Payment for the Work(s) and all applicable handling, delivery and insurance charges shall be made in full before delivery will be made.
11.0 FORCE MAJEURE
11.1: In the event that any party to a Contract shall be rendered unable to carry out the whole or any part of its obligations under the Contract for any reason beyond the control of that party including, but not limited to, decrees or restrains by governmental authorities, acts of God, force majeure, strikes, war, riot and any other causes of such nature, then the performance of the obligations hereunder of that party or all the parties hereto as the case may be and as they are affected by such cause shall be excused during the continuance of any inability so caused, but such inability shall as far as possible be remedied with all reasonable dispatch.
12.0 INTELLECTUAL PROPERTY
12.1: All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of the Company or its content suppliers. The content and software on this Site may be used for browsing and for ordering of Works. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site without the permission of the Company is strictly prohibited.
13.0 DISCLAIMER OF WARRANTIES
13.1: You hereby acknowledge, confirm and agree that:
- The Site, including, without limitation, all content, function, materials and services is provided “as is” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Company does not warrant that the Site or the function, content or services made available thereby will be timely, secure, uninterrupted or error-free, or that defects, if any, will be corrected. The Company makes no warranty that the Site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, you should discontinue using the Site; and
- Any material downloaded or otherwise obtained through the use of the Site is done at your own risk and that you will be solely responsible for any damage resulting from downloading any such material.
14.0 LIMITATION OF LIABILITY
14.1: You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and our services remains with you. In no event shall the Company, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, successors, suppliers, distributors, affiliates vendors, contractors, galleries, artists, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if the Company or its representative or such individual has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall the Company or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of the Company.
14.2: You hereby acknowledge that the preceding paragraph shall apply to all content, Works and services available through the Site.
15.0 OTHER IMPORTANT TERMS
15.1: We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or obligations under these Terms.
15.2: You may transfer your rights or obligations under these Terms to another person or organisation provided that our written consent is given.
15.3: This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or otherwise.
15.4: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6: This Contract shall be governed by and construed in accordance with the laws of Singapore and that you agree to be subject to the non‑exclusive jurisdiction of the Courts in Singapore.