Terms and Conditions
Last Updated: 02/15/2019
Within these Terms and Conditions, the following definitions shall apply:
- “HNWgallery” or “we” or “us” or “our” shall refer to Auction House Portal, Inc. d.b.a. HNWgallery, whose registered address is located at 1451 W. Cypress Creek Road, Suite 300, Fort Lauderdale, Florida, USA, 33309.
- “Website” shall refer to the website located at https://hnwgallery.com which is owned and operated by HNWgallery.
- “Services” shall refer to the services provided by HNWgallery and the Website, including but not limited to artwork sales, print production, commissioned artwork and artwork shipping.
- “user” or “users” or “you” or “your” shall refer to users of the Website and the Services.
- “Terms and Conditions” shall refer to the terms and conditions for using the Website and the Services.
Please note that Private Sales of high-value originals from master artists are always handled offline with strict policies and procedures for privacy, confidentiality and discretion. Furthermore, they are always handled via separate legal agreements with specific terms and conditions. Accordingly these Terms and Conditions do NOT apply to sales of high-value originals from master artists on the Private Sales page. If you have questions regarding our terms and conditions for Private Sales, please contact Lisa Desai at firstname.lastname@example.org for more information.
TERMS AND CONDITIONS
Your use of the Website and the Services are governed by the Terms and Conditions outlined herein, which may be updated from time to time without notice. The updated version will take effect immediately, for users who continue to use the Website and the Services. Accordingly, you should check the “Last Updated” date from time to time (see top of first page) and review the updated version, if necessary, which can always be found at https://hnwgallery.com/terms-and-conditions. If you do not agree with the updated version, you should discontinue using the Website and the Services.
FREQUENTLY ASKED QUESTIONS
The frequently asked questions (“Frequently Asked Questions”) will form part of the Terms and Conditions and may be updated from time to time without notice. The updated version will take effect immediately, for users who continue to use the Website and the Services. Accordingly, you should check the “Last Updated” date from time to time (see top of first page) and review the updated version, if necessary, which can always be found at https://hnwgallery.com/faq. If you do not agree with the updated version, you should discontinue using the Website and the Services.
Original paintings, sculpture, ceramics and limited edition prints from master artists are subject to availability and prior sale. Furthermore, quotes or invoices from HNWgallery do NOT guarantee the price or availability of these artworks. For these artworks, you should contact us to confirm availability and price. Upon confirmation, the only way to ensure your successful acquisition of the artwork is to IMMEDIATELY proceed with payment. Upon confirmation of payment in full with USD funds, we will reserve the artwork for you. Once the funds have cleared in our bank account, we will arrange for shipping and delivery. If you need to confirm availability and price, or to discuss shipping or payment options, please click on the blue circle to visit our help desk.
EXCLUSIVITY OR LOWEST PRICE GUARANTEE
If an artwork listing indicates “Available EXCLUSIVELY through HNWgallery”, then HNWgallery is the exclusive seller and any other source (including the artist) is not allowed to sell that artwork. If an artwork listing indicates “LOWEST PRICE GUARANTEE”, then HNWgallery will beat the lowest price (excluding shipping & taxes) in any written offer from any other authorized source (including the artist) by 10%. This lowest price guarantee does NOT apply if you cannot provide HNWgallery with the written offer; or if the written offer has expired; or if the source is not authorized.
If you purchase artwork or any other product or service through the Website or the Services, you will be asked to choose a third-party payment service such as Credit Card via Stripe or PayPal and provide your payment information (the “Payment Information”) to them during checkout. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHODS USED BY YOU OR ON YOUR BEHALF. Verification of your Payment Information may be required prior to the acceptance of your order. You agree that you will be liable for any damages, costs or expenses incurred by HNWgallery as a result of misrepresentation by you or on your behalf regarding your Payment Information.
When purchasing an artwork, the third-party payment service you select will process your payment during checkout. You acknowledge that the price for each artwork (specified in the listing) does NOT include customization charges, shipping charges, or applicable Duties & Taxes (as defined below), if any, for which you are responsible and which may be separately identified on your quote, invoice or receipt. When purchasing original paintings and sculpture, the artist will ship the artwork directly to you. When purchasing limited edition prints by master artists, the owner will ship the artwork directly to you. When purchasing most other open edition and limited edition prints, one of our printing studios will ship the artwork directly to you.
DUTIES & TAXES
All retail prices, costs, fees or other amounts referred to in the Website or the Services or these Terms and Conditions are stated in USD currency and do not include any sales tax, use tax, value added tax (“VAT”), goods and services tax (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions provided through the Website and the Services (collectively, the “Duties & Taxes”). You acknowledge that HNWgallery will add Duties & Taxes to the amounts charged, as a separate charge, when it is required or appropriate to do so. However, if HNWgallery does not add Duties & Taxes to the amounts charged, as a separate charge, then the customer will still be responsible for the payment of Duties & Taxes, if applicable. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of Duties & Taxes.
CANCELLATION AND RETURN POLICIES
Please refer to our Frequently Asked Questions for detailed information on our policies for cancelling or returning your order. The cancellation or return policies that were provided in the Frequently Asked Questions on the date of your purchase shall apply to your purchase.
If you wish to purchase an artwork listed on the Website, or if you wish to commission the artist, you agree not to bypass HNWgallery by contacting the artist directly in an attempt to negotiate directly, or purchase the artwork directly, or commission the artist directly. If you are under the age of 18, you are not allowed to use the Website and the Services.
The content and artworks displayed on the Website are protected by copyright, trademark and other laws of the United States and foreign countries. HNWgallery and/or its licensors and/or the master artists or their estates exclusively own all right, title and interest in the content, images, artworks and printed works displayed on the Website, including all associated intellectual property rights and any reproduction rights. Even if you purchase an artwork from HNWgallery, that does not give you the right to copy the artwork; create reproductions or prints; or use the artwork for commercial purposes. If you become aware of any infringement of this copyright notice, please notify HNWgallery immediately.
LIMITATION OF LIABILITY
HNWgallery and/or our service providers shall not be liable for lost profits or any special, indirect, incidental or consequential damages of any kind, arising out of or in connection with your use of the Website, the Services, or our service providers. You understand and agree that any liability shall not exceed the original purchase price of the products and/or services that are the subject of a claim. Furthermore, you understand and agree that if you purchase any products and/or services directly from our service providers (including but not limited to printing companies, shipping companies, framing companies, artists and owners), then potential disputes, if any, will be between you and the service provider (and not between you and HNWgallery); and any refunds or reimbursement must come directly from the service provider (and not from HNWgallery). Some jurisdictions may not allow a limitation of liability in certain circumstances, in which case all or part of the foregoing limitations may not apply to you.
HNWgallery reserves the right to cancel any order for any artwork if we determine, in our sole discretion, that the artwork is mispriced, no longer available, discontinued, or undeliverable at the price listed on the Website. If we cancel an order prior to receipt of payment, HNWgallery will send you an email regarding the cancellation and you will not be charged for your order. If we cancel an order after receipt of payment, HNWgallery will send you an email regarding the cancellation and you will receive a full and immediate refund for your order.
SUSPENSION OR TERMINATION
If you breach any of these Terms and Conditions, HNWgallery will have the right to suspend or terminate your use of the Website and the Services and withdraw these Terms and Conditions, at our sole discretion, and without notice to you. HNWgallery reserves the right to revoke your access to our Website, its content, its artworks, and the use of the Services, at any time, with or without cause. In the event HNWgallery suspends or terminates your use of the Website and the Services for your breach, you will remain liable for any amounts still owing to HNWgallery. You may cancel your account at any time by sending an email to info@HNWgallery.com
CHANGES TO PRODUCTS & SERVICES
HNWgallery reserves the right to change, cancel or refuse access to any product or service or service provider at any time, at our sole discretion, and without notice to you.
You understand and agree that HNWgallery and our service providers use commercially reasonable efforts to display artwork colors accurately in the images displayed on the Website or shared with you by other means. However, because individual computer monitors may display colors differently, HNWgallery and our service providers are not responsible for the color accuracy of images displayed on the Website or shared with you by other means and disclaim all liability in this regard.
Our Website and our Services may be supported by or may contain links to third-party websites (including but not limited to service provider websites). You acknowledge and agree that HNWgallery is not responsible or liable for:
- The availability, reliability, content, accuracy or practices of such websites;
- The products, services or support available (or not available) from such websites;
- The terms and conditions and privacy policies of such websites.
We welcome and encourage your feedback, comments and suggestions for improvements to our Website and our Services (the “Feedback”). You may submit Feedback by sending an email to info@HNWgallery.com. You acknowledge and agree that all Feedback (including artist referrals) will be the sole and exclusive property of HNWgallery and you hereby irrevocably assign to HNWgallery all of your rights, title and interest in all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
HEADINGS FOR CONVENIENCE ONLY
All titles and headings are for convenience only and do not affect the meaning or interpretation of the provisions.
If you have any questions about these Terms and Conditions or our Website or Services, you can click on the blue circle to visit our help desk, or you can email us at info@HNWgallery.com, or you can contact us by telephone or WhatsApp at 1.310.567.3007, or by mail to:
- Auction House Portal, Inc. d.b.a. HNWgallery
- 1451 W. Cypress Creek Road, Suite 300
- Fort Lauderdale, Florida, 33309
Copyright © 2019 Auction House Portal, Inc. d.b.a. HNWgallery. All Rights Reserved.