WEBSITE TERMS & CONDITIONS
1. USE OF THIS WEBSITE
These Terms and Conditions apply to your use of this website. Please read them carefully and ensure that you understand them. Your use of this website is subject to your acceptance of these Terms and Conditions. If you do not accept these Terms, you must not use or access this website.
In these Terms and Conditions (Terms), “we,” “us” and “our” shall be interpreted as referring to David Kracov’s exclusive managing distributor Eden Fine Art NY Inc. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time, therefore please check these Terms to ensure you understand the Terms which will apply every time you use the website. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to “in writing,” this will include email.
2. ABOUT EDEN GALLERY
We operate the website www.david-kracov.com as David Kracov’s exclusive managing distributor. Eden Fine Art NY Inc. is a company registered in the US, in New York. Said company’s registered office is at 437 Madison Ave. on the corner of 50th St.
- You can write to us at Eden Fine Art NY Inc. 437 Madison Ave. corner of 50th st., New York City, New York,
- You can email us at [email protected]
- You can call us at +1-518-992-3020
If you are emailing us or writing to us, please include the details of your order to help us to identify it. If you send us any notice by email or by post, then it shall take effect from 48 hours following the date you send us the email or 30 business days after the date of posting.
3. DAVID KRACOV’S ARTWORKS
The images of the artworks on our site are for illustrative purposes only. Although we have made every effort to display the colors, forms, textures, and any other details accurately, we cannot guarantee an exact replication of the image. For example, your computer’s display of the colors may not accurately reflect the colors of the artwork.
Additionally, presented alongside every artwork is a description of the piece itself. This description is meant solely to provide a general idea of the artwork. Specific artworks may vary in material, size, dimensions, or any other descriptive information, and we cannot guarantee that the physical artwork shall be consistent with these details. In the case of editions or series, not every artwork in the edition will be exactly as seen on the website and may include small variations in color, pattern, medium, and/or size. We suggest you confirm the exact details of an artwork you are interested in, with an art advisor available via our customer service at +1-518-992-3020.
4. INTELLECTUAL PROPERTY RIGHTS
Copyright, trademarks, database rights, and all similar rights in this website and marketing materials are owned by us, its licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without our prior written permission. Nothing in our marketing materials or in this website should be considered granting any license or right under our trademark or the trademark of any third party.
Without express consent, you must not:
- republish material from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on the website for a commercial purpose;
- edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
5. LIMITATION OF LIABILITY
The information on this website is provided free-of-charge. While we strive to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
6. RESTRICTED ACCESS
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access to restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
7. UNPERMITTED USE OF THE WEBSITE MATERIAL
- You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
- You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purposes or activities.
- You must not use our website for any purposes related to marketing without our express written consent.
- You must not use our website to copy, publish, or send mass mailings or spam.
- You must not use our website to copy, publish, or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
- All material you copy, publish, or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory, or inflammatory. Such materials must not infringe upon any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute an incitement to commit a crime. Further, the material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, or menacing.
- We reserve the right to edit or remove any material posted upon our website.
- We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.
8. HOW WE USE YOUR PERSONAL INFORMATION
9. OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
10. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations that are caused by an event outside our control. An event outside our control is defined as any act or event beyond our reasonable control, including without limitation to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event outside our control takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of artworks to you, we will arrange a new delivery date with you after the event outside our control is over.
11. OTHER IMPORTANT TERMS
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.
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.
If you are a business or a contractor and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New York without regard to the laws that might be applicable under principles of conflicts of law as to all matters, including, but not limited to, matters of validity, construction, effect and performance, and both parties agree to the exclusive jurisdiction of the English courts.
The ‘Terms and Conditions’ constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements, and understandings, whether oral or written.
No change or modification of the ‘Terms and Conditions’ (including changes to orders) is valid unless it is IN WRITING AND SIGNED BY ALL THE PARTIES.
A person who is not party to these ‘Terms and Conditions’ shall not have any rights under or in connection with them.