These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase works of art.
We are: Walt Amerika Gallery, a commercial on line art gallery platform created by Creative Development BV, Voorweg 15, 1871 CK, Schoorl,registered with the Dutch Chambre of Commerce, NorthWest Holland 37110893
You are: visitor to our online gallery / our customer, acquiring any works of art by Dutch artist Walt Amerika through our online gallery.
In this agreement:
“Carrier” means any person or business contracted by us or our artists to carry works of art from us to you, whether all or part of the distance.
“Our Website” means the entire computing hardware and software installation that is or supports our website.
“Goods” means any of the works of art or merchandise we offer for sale on our website
“Content” means information in any form published on our website by us or any third party with our consent.
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Our Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are made as accurate as possible.
2.6 If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
- 2.6.1 accept the alternatives we offer;
- 2.6.2 cancel your order;
- 2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.
3.3 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase
5.1 Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
6.2 You are advised that Content may include technical inaccuracies or typographical errors.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the Goods for your purpose.
6.3.2 the truth of any information given on Our Web Site;
6.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
6.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
6.3.5 compliance with any law;
6.3.6 non-infringement of any right.
6.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
6.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
6.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
7.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
7.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
7.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content
8.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
8.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
8.4 Examples of violations are:
8.4.1 accessing data unlawfully or without consent;
8.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
8.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
8.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
8.4.5 taking any action in order to obtain Goods to which you are not entitled.
8.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
8.5.1 any violation of system security as set out above;
8.5.2 your use of Our Web Site;
8.5.3 any other breach or violation of this agreement by you;
8.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communication
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
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.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
This agreement shall be governed by and construed in accordance with Dutch Law. This agreement 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.
