DISCLAIMER & TERMS AND CONDITIONS OF USE

These terms and conditions of use shall govern your use of the site www.patrimoniogallery.com and all other URLs forming part thereof (hereinafter referred to as "the Site")

PATRIMONIOGALLERY ensures that the information and other material in this portal are correct, up-to-date and complete, but, we do not accept liability for any error in or omission from the Site.

PATRIMONIOGALLERY and/or its respective content providers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, services and related graphics contained on the Site for any purpose.

All such information, products, services and related graphics are provided “As It Is” without warranty of any kind. We are not in any manner responsible for any acts of the user done by relying on the material contained in the Site. Similarly we are required to depend on information available and though we ensure a regular online update of the Site, it is possible that certain information may not be up to date at the time of reference. Using this information and/or service automatically constitutes the user’s acknowledgement that he/she has read this disclaimer and accepts that he/she will be bound by the terms thereof.

PATRIMONIOGALLERY and/or its respective suppliers hereby disclaim all warranties and conditions with regards to the information, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Access to this website is a confirmation that you have read, understood and accepted the disclaimer and terms and conditions of this service. In no event shall PATRIMONIOGALLERY and/or its content providers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if PATRIMONIOGALLERY or any of its content providers has been advised of the possibility of damages. If you do not agree with our disclaimer above or with the other terms and conditions of the Site and/or if you are dissatisfied with any portion or section or module of the Site and/or its service, then please discontinue using the Site.

MODIFICATION OF THESE TERMS & CONDITIONS And DESCLAIMERS
PATRIMONIOGALLERY reserves the right to change the terms, conditions, privacy policy, terms of sale and notices under which the Site and its services are offered, including but not limited to the charges, if any, associated with the use of the Site and its services. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
You shall use the Site and its services in good faith and for the essential purposes for which the Site and its services are intended. Unless otherwise specified, the Site is for your personal use. You will not modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to PATRIMONIOGALLERY that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

MATERIALS PROVIDED TO PATRIMONIOGALLERY OR POSTED ON THE SITE
PATRIMONIOGALLERY does not claim ownership of the materials provided by its content providers to PATRIMONIOGALLERY or post, upload, input or submit to the Site or its associated services. However, by posting, uploading, inputting, providing or submitting your information and/or data you are granting PATRIMONIOGALLERY permission to use your information and/or data in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information and/or data; and to publish your name in connection with the same. PATRIMONIOGALLERY has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that PATRIMONIOGALLERY deems fit.

TERMINATION/ACCESS RESTRICTION
PATRIMONIOGALLERY reserves the right, in its sole discretion, to terminate the access to any or all Site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are copyright protected in favour of PATRIMONIOGALLERY and/or its content providers. All trademarks, names, brand names, etc. used on the Site are either trademarks or registered trademarks of PATRIMONIOGALLERY or its content providers or its respective registered users. Any rights not expressly granted herein are reserved.

SALE, PURCHASE AND PAYMENTS
All prices are quoted for unframed paintings. However we could do the framing at an extra cost which would be quoted separately on a case-to-case basis. Patrimonio Gallery is not liable for any charges that may be levied at the destination whether in India or overseas.

ALL SALES ARE AGAINST 100% PAYMENT IN ADVANCE.

The paintings that are unframed & un-mounted will be shipped in a rolled format and in protective cylinders. For the paintings that are shipped with glass frames, we cannot provide any guarantee for the glass, though utmost care is taken while packing till the artworks in glass frames are delivered at Buyer’s risk.

The dispatch will be done within 15 CLEAR WORKING days of confirmed receipt of the full value of the shipment. Orders where payment is by cheque / demand draft will be shipped only after clearance of the same. All invoices will be raised by Patrimonio Gallery based on the registration information provided by the buyer or amended at the time of finalizing a purchase and payments will be accepted only from the buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.

While great care is taken to reproduce the colours and form of paintings as depicted on the website, it is understood that since each painting is individually painted there may be variations in shade and colour. No complaints in this regard would be entertained. Colour schemes may vary on the type of medium on which the artworks are viewed. We do not guarantee the identical image of the artwork displayed on the website.

All works of other than the one's that have been clearly marked as reproductions, or prints are original works of art and have been certified so by the artist and are so certified by Patrimonio Gallery in good faith and on the information provided by the seller/content provider/Consignor. However in case it coming to light that a certain work of art is a copy of another existing work, Patrimonio Gallery disclaims any liability for the same and Patrimonio Gallery shall not be liable for any damages and/or compensation.

The artworks made available for sale on the Website may not always be in the physical possession of Patrimonio Gallery and may be physically located anywhere in the world.

All artworks made available for sale on the Website will be sold at the price listed and no discounts will be granted to the buyer. The price of the art work listed does not include duties, taxes, insurance, local levies, shipping and handling, which will be charged as applicable and would depend on the physical location of the artwork as well as the shipping address provided by the buyer. BUYER WILL BE INFORMED IN TWO WORKING DAYS OF SELECTION OF ART WORK REGARDING THE TOTAL COST OF THE ARTWORK AND DELIVERY CHARGES.

The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artworks. Once the artwork is stopped no requests for the change of address shall be entertained.

The buyer agrees that the buyer is liable for any duties and taxes that might be applicable on the purchase as stated hereinabove and such charges shall be payable in addition to the price of the artwork.

Once an order is placed on Patrimonio Gallery the buyer is required to make payment for the price of the artwork as well as the charges referred to above within 14 days from the date of placing the order. In the event that Patrimonio Gallery does not receive payment within 14 days Patrimonio Gallery reserves the right to cancel the order without prior notice to the buyer. Alternately, and without prejudice to the foregoing, Patrimonio Gallery may, at its absolute discretion, hold the artwork for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale. In such an event the buyer will be intimated by email the storage charges of the artwork.

The artworks will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Patrimonio Gallery are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the buyer chooses to himself collect the artworks from Patrimonio Gallery he must do so within 30 days of Patrimonio Gallery receiving the payment. In the event that the artworks are not so collected within a period of 30 days, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Patrimonio Gallery.

You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.

Patrimonio Gallery is authorized by the Sellers to exercise complete discretion in (i) the illustration and descriptions of art works for viewing and sale and (ii) acceptance or rejection of orders received.

Almost all artwork displayed on the Website is supported by an Authenticity Guarantee from the Seller. Based on this, Patrimonio Gallery will issue a specific Authenticity Guarantee for every artwork sold on the Website.

Patrimonio Gallery is not obligated to provide any physical preview of the artwork either before or after the sale. Patrimonio Gallery is in no way liable for the condition of the artwork. Condition reports are provided on request and are based on the information provided by the Seller. In the event that Patrimonio Gallery is of the view that there is a significant difference in the physical work relative to its appearance as displayed on the website, an email will be sent to the buyer regarding the difference and Patrimonio Gallery will await the buyer’s decision to proceed with the order.

The buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Patrimonio Gallery immediately. Patrimonio Gallery is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Patrimonio Gallery forms a reasonable view that any of the above information may be inaccurate.

You agree that after selecting the artwork you will provide true and accurate information for the purposes of delivery and sale as provided in ordering information. You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Site. You agree to pay all charges plus all applicable taxes, delivery charges, insurance and/or other levies for the purchases made by you in advance as soon as the sale is confirmed by PATRIMONIOGALLERY. It is specifically agreed by you that any tax liability and any levies payable at the point of delivery shall be yours only. PATRIMONIOGALLERY may insure the artworks for the delivery of the same to you at your cost and charges and such insurance shall remain in force only up to the time artwork is received at the nominated address provided by you. If you do not want to insure your purchased artwork then in that case damage, if any, done to artwork during delivery and/or transit then PATRIMONIOGALLERY shall not be liable either to refund the price of artwork or make good the damage to artwork.

Placing an order on www.patrimoniogallery.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Patrimonio Gallery within 14 working days on account of a default by the seller or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Patrimonio Gallery (acting as the agent of the Seller/Consignor/Content Provider) and the buyer.

GENERAL
These Terms & Conditions and Desclaimers are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PATRIMONIOGALLERY as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PATRIMONIOGALLERY with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PATRIMONIOGALLERY with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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