Terms & Conditions
APPROVED
BY:
General director
LLC "STANEVSKI"
Yury Stanewski
March 01, 2020
Contract offers
Limited Liability Company "STANEVSKI",
hereinafter referred to as the "Seller", represented by the General
Director Yury Stanewski, acting on the basis of the
Charter and the Agreements for the sale of works of art specified in clause 1.3
of this Agreement, on the one hand, and the Third Party, named hereinafter, the
"Buyer" (hereinafter collectively referred to as the "Parties"),
who has accepted this public offer posted on the Internet at: www.galleryimages.art,
guided by the provisions of the US Civil Code, have entered into this agreement
(hereinafter referred to as " Agreement ") on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1 The Seller undertakes to transfer to
the Buyer's ownership of the work (works) of art, agreed (agreed) by the
Parties and specified (indicated) in the annex to this Agreement (hereinafter
referred to as the "Artwork"), and the Buyer undertakes to accept the
Artistic work and pay a certain the amount of money in this Agreement. At the
time of transfer of the Artwork, the Seller and the Buyer draw up and sign the
Acceptance and Transfer Certificate of the Artwork.
1.2 The name, year of creation, size,
cost and other characteristics of the Artwork are agreed by the Parties in
Appendix No. 1 to this Agreement, which is its integral part.
1.3 The Seller is authorized to conclude
a transaction for the sale and purchase of the Artistic Work by the Authors of
the Artistic works on the basis of the relevant Agreements for the sale of
works of art concluded between the Seller and the Authors of the Artistic
Works.
2
OBLIGATIONS OF THE PARTIES
2.1
Seller:
2.1.1 Undertakes
to transfer to the Buyer the Artwork specified in Appendix No. 1 to this
Agreement within thirty days from the date of payment by the Buyer of the
Artwork in full in accordance with the terms of this Agreement, unless
otherwise agreed at the time of ordering the Artwork on the website www.galleryimages.art.
2.1.2 The
obligation of the Seller to transfer the Artistic work is considered fulfilled
from the date of signing by the Parties of the Certificate of acceptance and
transfer of the Artwork.
2.1.3 The
Seller informs the Buyer about the absence of any restrictions (encumbrances)
known to the Seller in relation to the transferred Artwork. The Seller
transfers the Artwork free of any property rights and claims of third parties,
which at the time of the conclusion of this Agreement the Parties could not
have been aware of. As of the date of this Agreement, the Seller is aware that
the Artwork transferred to the Buyer has not been sold to anyone, is not
pledged, is not in dispute and is not under arrest.
2.1.4 The
Seller, in agreement with the Buyer, provides one of the types of delivery of
the Artwork on the following conditions:
2.1.4.1 Artworks
ordered on the website www.galleryimages.art can be
delivered to the address in the USA and Canada specified by the Buyer when
ordering. The ordered Artworks will be delivered to the specified address
within thirty working days from the date of ordering. Payment for the delivered
Artwork is possible by credit card through Internet acquiring or by PayPal
without limiting the amount of payment. The shipping cost is included in the
total cost of the Artwork and communicated to the Buyer by email on the day of
ordering and must be accepted and paid by him prior to delivery.
2.2 Buyer:
2.2.1 Undertakes
to accept and pay for the Artwork on the terms of this Agreement.
2.2.2 Payment
for the Artwork by the Buyer is carried out in the manner prescribed by section
3 of this Agreement.
2.2.3 When
accepting the Artwork from the Seller, the Buyer checks the conformity of the
name, quality and characteristics of the Artwork in accordance with Appendix
No. 1 to this Agreement.
2.2.4 If
a third party, on the grounds that arose before the execution of this
Agreement, brings a claim against the Buyer for the seizure of the Artwork, the
Buyer is obliged to involve the Seller in the case, and the Seller is obliged
to join this case. The Buyer's failure to involve the Seller in the case
relieves the Seller from liability to the Buyer if the Seller proves that by
taking part in the case, he could have prevented the seizure of the sold
Artwork from the Buyer.
2.2.5 The
Buyer has the right to return the Artwork purchased by him to the Seller, with
the exception of Artwork created to order, copies, as well as production works
(including prints and photographs printed by order of the Buyer) to the Seller
within 7 (Seven) days from the date of its transfer by the Seller To the Buyer
according to the Certificate of Acceptance and Transfer of the Artwork,
provided that there is no damage. Shipping and framing charges for returning
Artwork are non-refundable.
3
PAYMENT PROCEDURE
3.1 The
total cost of the Artwork payable by the Buyer to the Seller under this
Agreement is agreed by the Parties in Appendix No. 1 to this Agreement.
3.2 The
Buyer pays the Seller specified in clause 3.1. of this Agreement, the amount of
money for the Artwork purchased by it within 1 (one) day from the date of the
conclusion by the Parties of this Agreement, unless otherwise agreed at the
time of ordering the Artwork on the website www.galleryimages.art.
3.3 The
Buyer's obligations to settle with the Seller are considered fulfilled from the
date the funds are received into the Seller's bank account or from the date the
Seller receives the funds in cash.
3.4
In
the event that the Buyer does not fulfill the obligations assumed to pay for
the Artwork within the prescribed period, or any other assumed obligation under
this Agreement, the Seller has the right to refuse to perform this Agreement
and terminate it.
4
LIABILITY OF THE PARTIES
4.1 The
Seller informs the Buyer that the Seller is not liable to the Buyer for the
risks associated with improper execution of documents confirming the legal use
of trademarks, images and other intellectual property in connection with the
sale of the Artwork, since the Artwork was created by the author, specified in
the annex to this Agreement. Issues related to the availability of proper
documents in relation to the Artwork, the legality of its creation, the use of
intellectual property, the distribution of the Artwork and other related issues
are subject to settlement between the Buyer and the author directly, specified
in the annex to this Agreement.
4.2
The
Seller informs the Buyer that the Seller is not liable to the Buyer in
connection with a possible deterioration in the quality of the Artwork after
its transfer to the Buyer (including, but not limited to: tarnishing, fading,
discoloration of the image, etc.) that may be due to the performance technique
of the Artwork and / or the conditions of its display, storage and / or
operation.
5
FINAL PROVISIONS
5.1
All
disputes, disagreements of the Parties arising in connection with the
execution, modification, termination of this Agreement or regarding this
Agreement are referred to the court of general jurisdiction at the location of
the Seller. At the same time, the preliminary claim procedure for resolving
disputes is mandatory for the Parties, the period for considering the claim is
10 (ten) days from the date of its receipt by the Party.
5.2
In
all other respects that are not regulated by this Agreement, the Parties are
guided by the current US law.
5.3 This
Agreement is considered concluded and becomes valid from the date of acceptance
by the Buyer of this offer by forming an application for the purchase of the
Artwork on the Seller's website. The performance by the Buyer of actions
related to payment for the Works of Art also indicates the Buyer's acceptance
of this offer on the terms set out in it.
5.4
This
Agreement can be changed by the Seller without any special notification to the
Buyer. The new version of the Agreement comes into force from the date of its
posting on the Seller's website, unless otherwise provided by the new version
of the Agreement.
5.5
Seller
details:
STANEWSKI LLC
Individual Taxpayer Identification Number (ITIN): 46-5435987
494 AVON ST,
Philadelphia, PA,
United States,
19116
https://galleryimages.art/
Phone: +1 215-617-2020
E-mail: stanewski.llc@gmail.com
Appendix № 1
to the Purchase Agreement artwork
DESCRIPTION OF THE WORK
Limited Liability Company
"STANEVSKI", hereinafter referred to as the
"Seller", represented by General Director Yury Stanewski, acting on
the basis of the Charter, on the one hand and A third party, hereinafter
referred to as the "Buyer" (hereinafter collectively referred to as
the "Parties"), who has accepted this public offer posted on the
Internet at: www.galleryimages.art, guided by the provisions of the US Civil
Code, have agreed this Appendix No. 1 to the Contract for the sale and purchase
of a work of art concluded between the Seller and the Buyer (hereinafter
referred to as the "Agreement"), on the following:
- The parties agreed that the
Artwork transferred by the Seller to the Buyer under the Agreement has the
following characteristics:
Photo image:
Name of the Work of Art: _________________________;
Artwork Size: ____________________________;
Artwork Material: _______________, year of creation: ________ ;
Cost of Artwork: _______________ (________________) $;
Author: ____________________________________________; - Seller details:
STANEWSKI LLC
Individual Taxpayer Identification Number
(ITIN): 46-5435987
494 AVON ST,
Philadelphia, PA,
United States,
19116
https://galleryimages.art/
Phone: +1 215-617-2020
E-mail:
stanewski.llc@gmail.com