These Terms and Conditions of Use are governed by the laws of Pakistan. You hereby consent to the exclusive jurisdiction and venue of courts in Pakistan in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Khaas Art Gallery as a result of this agreement or use of the website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Khaas Art Gallery with respect to the website and the use thereof, and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Khaas Art Gallery with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. By using this website to make online purchases, you are agreeing to our Terms of Conditions of Use. (Hyperlink to Terms and Conditions below).
Copyright and trademark notices
All contents of the website are copyright protected in favor of Khaas Art Gallery and/or its suppliers. All trademarks, names, brand names, and any other intellectual property rights, used on the Site are either trademarks or registered trademarks of Khaas Art Gallery or its associated companies. Any rights not expressly granted herein are reserved.
These terms and conditions are applicable only to the sale of works on the Khaas Art Gallery website and not to any other purchases from Khaas Art Gallery.
“Buyer” shall mean a person who is registered as a user to access the Website and buys a Property from the Khaas Art Gallery website. “Description” means all the details of a items for sale as set out in the Website and may include, without limitation, the name of the artist, designer or manufacturer, the title of the Property, and the following additional details the signature of the artist/ date of the Property (if any), the surface, medium and dimensions, year, provenance and any additional information related to the Property. “Art Works” means the items of art (paintings, prints, lithographs, sculptures, ceramics, video-instillations, instillations and other such articles) offered by Khaas Art Gallery for sale either individually or collectively (as a single unit) through the website.
You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the website. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes and duties for the purchases made by you.
- The art works made available for sale on the Website may not always be in the physical possession of Khaas Art Gallery and may be physically located anywhere in the world.
- All art works made available for sale on the website will be sold at the price listed and no discounts will be granted to the Buyer.
- The price of the Property listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Property as well as the shipping address provided by the Buyer.
- The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Property.
- The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the Property.
- All invoices will be raised by Khaas Art Gallery based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
- Placing an order on www.khaasartgallery.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Khaas Art Gallery within 2 working days on account of a default by the seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between Khaas Art Gallery (acting as the seller in the case of artwork that is part of Khaas Art Gallery’s own collection, or as agent of the seller, in the case of artwork sources directly from the artist) and the Buyer.
- Khaas Art Gallery shall have the right to cancel any order placed on the website www.khaasartgallery.com, at any time prior to the delivery of the Property, without assigning any reason whatsoever.
- Khaas Art Gallery shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Property, when these have been provided to Khaas Art Gallery by the seller (or artist). In the event of such an error, Khaas Art Gallery reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
- Once an order is placed on the Khaas Art Gallery website, the Buyer is required to make payment for the price of the Property as well as the charges referred to above within 7 working days from the date of placing the order. In the event that Khaas Art Gallery does not receive payment within 7 working days Khaas Art Gallery reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, Khaas Art Gallery may, at its absolute discretion, hold the Property for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
- The Property will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Khaas Art Gallery are completed and payment has been realized in full including any additional charges.
- Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer.
- In the event that the Buyer chooses to himself collect the Property from Khaas Art Gallery he must do so within two weeks of Khaas Art Gallery receiving the payment. In the event that the Property is not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Khaas Art Gallery.
- You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
- Khaas Art Gallery is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of artworks for viewing and sale and (ii) acceptance or rejection of orders received.
- All artworks displayed on the website are supported by an authenticity guarantee from the Seller.
- Khaas Art Gallery is not obligated to provide any physical preview of the Property either before or after the sale. Khaas Art Gallery is in no way liable for the condition of the Property. Condition reports are provided on request and are based on the information provided by the seller. In the event that Khaas Art Gallery is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the website, an email will be sent to the Buyer regarding the difference and Khaas Art Gallery will await the Buyer’s decision to proceed with the order.
- All foreign currency exchange rates for the purchase are made on an automatically updated exchange rate. The prices for individual artwork have been ’rounded off’ for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
- The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Khaas Art Gallery immediately. Khaas Art Gallery is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications, as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Khaas Art Gallery forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Khaas Art Gallery.
These terms and conditions of use shall govern your use of the website www.khaasartgallery.com, (hereinafter referred to as “the website”). The website is owned and managed by Khaas Art Gallery, a joint(?) proprietorship licensed in the Islamic Republic of Pakistan (hereinafter referred to as “us or we” in the first person and “Khaas Art” wherever the context requires). These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between you, the users of the site, and us, the owners of Khaas Art.
Khaas Art reserves the right to change the terms, conditions, and notices under which the website is offered, including but not limited to the charges, if any, associated with the use of the website. You are responsible for regularly reviewing these terms and conditions.
Personal and Non-Commercial Use Limitation
You shall use the website in good faith and for the essential purposes for which the website is intended. Unless otherwise specified, the website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website.
No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant to Khaas Art that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner, which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
Links to Third Party sites
The Khaas Art Gallery website may contain links to other websites (“Linked Sites” and “Artists Webpages” and “Museums,” “Affiliated Galleries,” “Art Galleries,” “Art Education,” “Interesting Blogs,” etc.). The Linked Sites are not under the control of Khaas Art Gallery and Khaas Art Gallery is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Khaas Art Gallery is not responsible for webcasting or any other form of transmission received from any Linked Site. Khaas Art Gallery is providing these links to you in good faith, and only as a convenience, and the inclusion of any link does not imply endorsement by Khaas Art Gallery of the site or any association with its operators.
Materials provided to Khaas Art Gallery or posted to its Website
Khaas Art Gallery does not claim ownership of the materials you provide to Khaas Art Gallery (including registration data, feedback and suggestions) or post, upload, input or submit to any of its websites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your submission, you are granting Khaas Art Gallery and its affiliated companies permission to use your Submission in connection with the operation of their businesses. These include, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Khaas Art Gallery agrees that it shall not use or sell user identifiable data contained in the Submissions. However, Khaas Art Gallery has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that Khaas Art Gallery deems fit.
Software Available on the Sites
Khaas Art Gallery reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.