Last Modified: February 07, 2020
1. Acceptance of Terms
These Terms and Conditions govern your use of the Website located www.akkaart.com (hereinafter referred to as “Website,” “Site” or “Online Gallery”). The Online Gallery is owned and operated by Akka Art in accordance with the laws of Israel (hereinafter collectively referred to as the “Akka Art,” “Company,” “We,” “Us,” or “Our”).
By continuing to access the Website or purchasing any Artwork through our Online Gallery, you represent that you have read these Terms and you agree to be bound by them.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND/OR ORDER ANY ARTWORK THROUGH OUR WEBSITE.
Unless expressly stated otherwise, the following terms shall have the meaning as defined hereunder:
“Artist(s)” – refers to the original creator of Artwork offered for sale through the Website and/or copyright owner of the intellectual property contained in the Artwork.
“Art” or “Artwork(s)” – refers to any decorative art and/or fine art offered for sale through the Website and includes any reference to stretched artwork or canvas.
“Canvas” – means painting that are rolled in tube during delivery and are not installed in a frame.
“Customer(s)” – refers to any person who places an order through the Online Gallery.
“Stretched Artwork” – means paintings that are stretched on a wooden frame.
“User(s)” – refers to all Website visitors/Users and includes any reference to Customers.
Unless expressly stated otherwise, only natural persons over the age of eighteen (18) years are eligible to order Artwork through our Online Gallery. By accessing the Website, you represent to the Company that you have the requisite capacity and authority to enter into a legally binding agreement with the Company.
The Company reserves the right to update these Terms at any time at our sole discretion. Where we make any changes to these Terms, we will update the last modified date on the top of this page. By continuing to use the Website after the updated Terms are posted on the Website, you agree to be bound by such updated Terms.
We make our best effort to represent all Artwork on our Website accurately; however, you understand and accept that there may be minor variation in colour based on different monitors and studio lighting. We will always specify the actual size of each Artwork on our Website. If you have any queries regarding the colours or size of the Artwork, please contact us at [email protected] before placing your order.
6. Guest Checkout, Account Registration and Safety
You can purchase Artwork on our Website without registering an account by simply checking out as a Guest, however, we may allow users the ability to create a User Account on our Website and additional access functionality such as storing your billing and shipping address for future purchases, keeping track of your past transactions, and access to your order status etc.
When you place your order or sign up for a User account, you are under a legal obligation to only provide us with true, accurate, complete and current information only.
Please note that all User accounts are offered solely at our discretion. We may refuse to provide a User account at any time without providing any reason for our decision.
You understand and agree that all activity under your User Account on our Website is solely your responsibility, regardless of whether you authorised it or not. You are obligated to immediately notify us of any unauthorised use of your User account. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorised access to your User account.
7. Placing your order
You can view all Artwork on offer for sale on our Website and easily select the Art that you wish to purchase. Please ensure that you have selected the correct size before adding the Artwork to your shopping cart. You can review all the Artwork in your shopping cart before proceeding to the checkout page as well as view the full purchase price, including any applicable taxes and shipping fees before you authorise the payment.
For the avoidance of any doubt, you are encouraged to carefully review your order before authorising the payment to ensure that you are ordering the correct Artwork, size and quantities.
You understand and agree that by submitting your order on the Website, you are making an offer to purchase the Artwork, once your order is accepted by the Company, it will result in a binding sale agreement between you and the Company. When we accept your order, we will send you a confirmation email. Please note that we will not process your order before sending you a confirmation email.
We do not have any legal obligation to accept any order, and we may decline to accept an order at our sole discretion for any reason, including but not limited to:
- the Artwork being unavailable;
- if there were any errors in pricing on our Website at the time you placed your order; or if
- Our shipping service provider does not service your shipping address.
The Company uses third-party shipping service providers (DHL or Ups) to ship all orders. All order deliveries are subject to availability. If for any reason we are unable to fulfil your order, we will notify you at the email address provided by you when you placed your order.
All confirmed orders are delivered to the shipping address provided by the Customer at the time the order was submitted.
All risk and title pass to Customer upon acceptance of delivery. All orders will be delivered to Customers within the estimated delivery time frame. Please note that all orders are dispatched from Israel. All delivery timeframes are estimates only as provided by our shipping service provider. The Company does not offer any guarantees or assume any liability for any delay in delivery of your order.
Unsecure Shipping Address
You are advised to provide us with a secure shipping address so you, or a person authorised by you, can accept the delivery of your ordered Art. We will not be responsible for the Art being lost, stolen or damaged after our shipping service provider’s tracking reflects that the Art was delivered to you.
9. Prices and Payments Policy
All Artwork prices on our Website are listed in U.S. Dollars (USD) and may be converted into your local currency for your convenience. Before you confirm your order, you will be shown the full purchase price, including all applicable taxes and shipping fees for your shipping address. Please note that we currently only offer free shipping to customers in Europe, USA and Canada.
You are required to authorise the full purchase price at the time you place your order. We currently accept online payments through major credit cards, Paypal as well as Bank Transfers to our nominated Company bank account.
We may in our sole discretion and without giving any prior notice to you change the price of any Artwork on our Website. We assure you that any changes in prices will not impact any confirmed orders. Although we take all reasonable care to ensure the prices as listed on the Website are correct, we cannot offer any guarantees as to the accuracy of this information. If we discover that any Artwork price published on our Website was incorrect at the time you placed your order, we will contact you and offer you an opportunity to place your order at the correct price.
10. Cancellations, Returns, and Replacements
- 1. Order cancelation process
You may cancel your order at any time within fourteen days of receipt of delivery (“cancellation period”).
To cancel your order within the cancellation period, you will be required to first submit a cancellation request by email to [email protected] with your order number and your reason for cancellation. Upon receipt of confirmation email from the Company, you will be required to ship the Artwork back to the Returns Address provided by the Company in the confirmation email and send a proof of shipping to [email protected] that shows the Art was shipped back within the cancellation period.
All returned Artwork must satisfy the return conditions outlined in section 10.3 of this Agreement in order to qualify for a refund or replacement. We will inspect the returned Artwork before approving any refunds or shipping any replacement Art to you.
All sales are deemed final after the end of the cancellation period, and you will not be able to request any cancellations, replacements or refunds after the cancellation period has elapsed.
- 2. Replacement Policy – Incorrect Deliveries or Damaged Artworks
Although we take great care to avoid errors in order processing, mistakes are possible which is why in the unlikely event that we delivered an incorrect Artwork to you or the Art you received was damaged at the time of delivery, and we will gladly replace it for you.
To return an incorrect or damaged piece of Art, please send us an email at [email protected] within 48 hours from the time of delivery of damaged Art with images that clearly display the damaged Art.
Once you receive a return confirmation email from the Company, you will be required to send the damaged or incorrect Artwork back to the Company as instructed in the confirmation email. Please note that any minor variation in colour does not qualify as incorrect delivery and any damage caused to the Art by the Customer after accepting delivery will not qualify for a free refund or replacement.
All returned Artworks must satisfy the conditions outlined in section 10.3 of this Agreement in order to qualify for a refund or replacement.
Please note that we will inspect the returned Artwork before approving any refunds or replacements.
- 3. Condition of Returned Artwork
The Company will only offer you a replacement Art or refund for a returned Artwork if the following conditions are met:
- The returned Artwork is not damaged or dirtied by the Customer;
- In case of defective or damaged Artwork, the defect or damage was not caused by the Customer after taking delivery;
- Return shipment was securely packaged to prevent any damage to the Art during return shipping.
We will inspect all returned Art, and we reserve the right to refuse or reduce the amount of refund if the returned Art failed to comply with the above-mentioned return conditions or if the returned Artwork is damaged as a result of you not following the care instructions.
- 4. Return Shipping Fees
Excluding returns of incorrect or Art that was damaged at the time of delivery all returns will incur shipping fees as stated below:
- 4.1. Customers in Europe, USA and Canada, who received free shipping, will become responsible for the payment of two-way shipping fees to the Company for any returns of Stretched Artwork i.e. initial shipping fees incurred by the Company in delivering the Artwork plus the return shipping fees;
- 4.2. Customers in Europe, USA and Canada, who received free shipping, will become responsible for the payment of return shipping fees to the Company for any returns of Canvas Artwork;
- 4.3. Customers in all other jurisdiction, excluding Europe, USA and Canada, who paid the full shipping fees of the Artwork, will become responsible only for the payment of return shipping fees to the Company for any returns of Artwork.
Where the Customer returns the Art because it was incorrect or damaged at the time of delivery, the Company will cover the return shipping fees equal to the cheapest usual form of shipment offered on our Online Gallery. Please note that we will not refund any shipping costs or insurance fees that exceed our usual shipping cost.
11. Refunds Policy
If after our inspection of the returned Artwork, we issue you a refund, your refund will be paid into the same account which was used to make the order payment. All refunds will be processed within 14 days of receipt of the returned Art by the Company. Please note that refunds should reach your account within three weeks from the date we process your refund. You will be solely responsible for the payment of any bank charges that you incur in reversing the transaction.
12. International Duties and Taxes
Importing Artwork from other countries can attract import duties and taxes in the destination country. Our prices, as listed on the Website, do not include such import duties and taxes. All international duties and taxes are borne by the Customer, and the Company will not be liable for such additional charges.
13. Prohibited Activities
You agree that you will never:
- Use the Website or any Artwork offered by the Company for any illegal or unlawful purposes;
- Post any content that may be potentially or actually harmful to the Company or any of our Users;
- Post any content or information that is false, inaccurate, misleading or deceptive in nature;
- In any way, infringe another person’s or Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
- Act in any manner that may lead to a violation of any applicable laws or regulations;
- Post any content in any public areas of the Website that may be deemed defamatory, libellous, threatening or harassing;
- Post any content on our Website that is obscene or contains any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by introducing viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on our Website.
14. Promotion Codes
The Company may, in its sole discretion, create and offer promotional codes that can only be used towards purchasing selected Artwork offered by the Company through the Website. Please note that additional terms and conditions may apply to the use of promotional codes and by using a promotional code, you agree to be bound by those additional terms and conditions. Promotional codes may expire upon the date specified in the promotion and may not be redeemed for cash or transferred to another person.
15. Intellectual Property
All content available on the Website, including without limitation the images, text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors (“Licensors”) and subject to trademark, copyright and other intellectual property laws of Israel and international conventions. All Company Content is provided to you for your personal and non-commercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute a violation of copyright law.
When you purchase an Artwork from our Online Gallery, you only acquire a tangible medium that depicts or incorporates the intellectual property of the Company or the Artist (collectively as the “Copyright Owner”). The Company or the Artist whose Artwork is offered/sold through the Website owns and reserves all intellectual property rights in their respective Artworks. Neither intellectual property rights nor exclusive or non-exclusive licenses are transferred to you as a result of the purchase of any Artwork through the Online Gallery. You are prohibited from copying, selling, reproducing, republishing, modifying, distributing and creating any derivative work of any Artwork you purchase through the Online Gallery.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or Artwork. You understand that any unauthorised use of Company Content or Artwork is strictly prohibited.
We hereby grant you a revocable, non-exclusive, non-transferable license to use the Website as set out in this Agreement.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that any breach of this provision can incur criminal as well as civil liability.
“Akka art” is Company’s unregistered trademark. Any use of our trademarks for any product or service that is not owned or operated by us is strictly prohibited. The Company reserves all rights that are not expressly granted under this Agreement.
16. Copyright Disputes
We respect the intellectual property rights of others. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Online Gallery, without your express consent, please inform us at the email address listed below and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number, and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
- A statement by you that all information provided by you to us is bona fide true.
Contact: [email protected].
17. Information Disclaimer
ALL INFORMATION AND CONTENT ON OUR WEBSITE, INCLUDING BUT NOT LIMITED TO, AUDIOS, VIDEOS, BLOGS, POSTS, AND COMMENTS ARE MADE AVAILABLE FOR YOUR GENERAL INFORMATION PURPOSES ONLY. ALTHOUGH WE TAKE ALL REASONABLE MEASURES TO CONFIRM THAT ALL INFORMATION ON OUR WEBSITE IS ACCURATE AND UP TO DATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION.
THE WEBSITE CONTAINS A VAST AMOUNT OF CONTENT AND ERRORS ARE INEVITABLE. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION OR INACCURACY IN ANY INFORMATION ON THE WEBSITE. THE COMPANY RESERVES THE RIGHT TO MODIFY ANY INFORMATION ON THE WEBSITE, AT ANY TIME, WITHOUT PRIOR NOTICE TO USERS; HOWEVER, THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO DO SO.
ALL INFORMATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION/CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
18. Account Termination
If you would like to terminate your Website user account, please send us an email at [email protected] with the words “Account Termination” in the subject line. Please note that once your account is terminated, you will not be able to login to your account using your username and password and you will not be able to reactivate your account.
The Company also reserves the right to terminate any user account or suspend a user’s access to the Website if we have a reason to believe that:
- A User has violated any provisions of this Agreement;
- A User’s conduct is harmful to the Company or any other Users; or
- The Company discontinues the Website for any reason.
19. Disclaimer of Warranties; Limitation of Liability
Unless expressly stated otherwise, the Company provides the Website and all Artworks to you on ‘AS IS’ and ‘AS AVAILABLE’ basis, without any representation or warranties of any kind, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, durability, and non-infringement.
IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS SHALL BE LIABLE FOR ANY LOSS, CLAIM OR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF SAVINGS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR ARTWORK PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM, EVEN IF THE COMPANY WAS ADVISED OF SUCH POSSIBILITY.
THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED BY YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE ARTWORK WHICH GAVE RISE TO THE ISSUE.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with:
(i) the violation of these Terms by you; or
(ii) the infringement by you of any intellectual property or other rights of any person or entity.
21. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Israel. Both parties agree to submit to the exclusive jurisdiction of the courts located in Israel to resolve any claims and disputes arising out of this Agreement.
22. Contact Us
If you have any questions about these Terms and Conditions, please contact us through the contact form on our Website or by sending an email to [email protected].
23. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.