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Mac Rich

Terms and Conditions

We, Keren Or and JNF ( “We” or, depending on the context, “Us” or “Our”) provide access to the Website “www.artgallerybykerenor.com” (“the Website") and exhibit work offered for sale by members of KerenOr (“Artists” or “Artist”) to you as a buyer or prospective buyer of the exhibits (“You” or, depending on the context, “Your”) subject to the conditions set out below.

Please read these conditions carefully before using the Website.



By using the Website, You signify Your agreement to be bound by these conditions ("Terms"). Notes on Artists’ Listings: Please keep in mind that Artists’ listings are merely hosted on the Website and are posted solely at the direction of the Artists (who unless otherwise agreed may only be contacted via the JNF’s Manchester office).

At no point do We have possession of anything exhibited or sold via the Website. Nor do We guarantee the availability, quality, safety, merchantability or fitness for purpose or legality of items exhibited on the Website nor do We warrant the truth or accuracy of text or other information provided to Us by the Artists nor that You or an Artist will actually complete a transaction Conditions Relating to Your use of the Website

1. Access to Website
We will do Our best to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

2. Licence for Website access
We grant You a limited licence to access and make personal use of this Website, but not to download or modify it, or any portion of it, except with Our express written consent. This licence does not include any right to make any resale or commercial use of this Website or its contents. Neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent. Any unauthorised use terminates the permission or license granted by Us. You agree to indemnify Us against any claim or demand, including legal costs, made by any third party due to or arising in any way out of Your use of the Website or the infringement by You or by any other person using Your computer, of any intellectual property or other right of any person.

3. Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not We, are responsible for all electronic communications and content sent from Your computer to Us and You must use the Website for lawful purposes only. You must not use the Website for any of the following: A. interfering with service to any user, host or network; B. for fraudulent purposes or in connection with a criminal offence or other unlawful activity including taking an action to obtain an item to which You are not entitled; C. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or is objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or which causes annoyance, inconvenience or needless anxiety to any other party.

4. Copyright, authors' rights and database rights
Unless otherwise agreed between You and the Artist, the copyright in each item of artwork exhibited on the Website remains with the Artist and is protected by international copyright laws. All content included on the Website, such as text, graphics, logos, button icons, images and software are Our property, or that of Our content suppliers and is protected by international copyright, and database right laws. The compilation of all content on this Website is Our exclusive property. All software Used on this Website is Our property or that of Our software supplier and is protected by international copyright and authors' rights laws. Conditions Relating to the Sale of Items to You This section deals with conditions relating to the sale of items to You from the Website.

5. Our Contract
When You make an offer to purchase an item on the Website, We shall communicate the offer to the relevant Artist requesting the Artist to accept or reject the offer. Any acceptance will be complete at the timeWe sendYou a confirmation by post or email. Your offer to an Artist must be made via the JNF either by telephone on 0161 795 7565 or to the email address of the JNF’s Manchester office (info@jnfman.co.uk) or by post to JNF, The Bungalow, Mamlock House, 142 Bury Old Road, Manchester, M8 4HE.

6. Payment and Delivery
On acceptance of Your offer, payment of the agreed price must be made to JNF by cash, credit card or cheque. In the case of a cheque, payment will not be deemed to have been received until the cheque has been cleared. Once payment has been received JNF will request the Artist to arrange delivery of the item to You as soon as possible at Your risk and on the basis that You will be responsible for any packaging and delivery charges. Where the item purchased is a picture it may be delivered with a frame and/or a mount but it is not the responsibility of the Artist or Us to provide or to guarantee the condition of any such frame or mount.

7. Returns
When You buy items by mail order You may have a right of cancellation. For the purpose of these Terms this means that where such a right existsYou must notify the JNF’s office as soon as possible and in any case within fourteen days of Your receiving the item. The item must then be returned at Your risk and at Your expense within twenty one days of the date of delivery and with the item and wrapping in as good a condition as it was in when You received it. After We have received the item in the condition mentioned above We will arrange for a refund to You of the purchase price of the item within thirty days of receipt.

8. Information, Pricing and Availability
We list information provided to Us by the Artists for items exhibited on the Website. Beyond what We say on the Website, We cannot be more specific about quality or availability. Where the size of an item is mentioned this is for guidance only and may not be precise. Prices for items (where shown) are guide prices only and are suggested to assist You in making an offer. Where no price is shown a price will be given on application unless the item is not for sale or has already been sold. Prices shown are inclusive of VAT (where applicable) unless stated otherwise.

9. Electronic communications
When You visit the Website or send e-mails to Us, You are communicating with Us electronically. For contractual purposes, You consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

10. Losses
We will be responsible for any losses You suffer as a result of Our breaching these conditions if the losses were reasonably foreseeable to both You and Us when You commenced using the Website, or when a contract for the sale of the item by Us to You was formed. We will not be responsible for any business loss (including loss of profit, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using the Website or when a contract for the sale of goods by Us to You was formed. Regardless of the above paragraph, if We are found to be liable to You or any other third party, Our liability is limited to the greater of (a) the total price paid by You for the item purchased or (b) £100.

11. Alteration of Service or Amendments to the Terms
We reserve the right to make changes to Our Website, policies and these Terms at any time and without advance notice. You will be subject to the policies and Terms in force at the time that You Use the Website or that You order goods from Us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these Terms is deemed invalid, void, or for any reason unenforceable, that Term will be deemed to be severable and will not affect the validity and enforceability of the remaining Terms.

12. Events beyond Our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.

13. Waiver
If You breach these conditions and We take no action, We will still be entitled to Use Our rights and remedies in any other situation where You breach these conditions.

14. Rights of Third Parties
Nothing in this agreement or on the Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

15. Dispute Resolution
In the event of a dispute arising out of or in connection with these Terms or any contract between You and Us, then You agree to attempt to settle the dispute by engaging in good faith with Us in a process of mediation before commencing arbitration or litigation

16. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England. You agree, as We do, to submit to the exclusive jurisdiction of the English courts. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.


   
 
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