Terms and Conditions
Terms and Conditions ("Terms")
Last updated: March 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.thealoraart.com/ website operated by ART DE PLAZA PTE LTD (Reg no: 202006072W) ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer. The acceptance is confirmed by a box that needs to be checked on the Artwork order form.
OUR RIGHT TO VARY THESE TERMS
We reserve the right, in our sole discretion and without notice to you, to modify, discontinue or terminate the Site or to modify these Terms. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site after we have posted a modification on the Site or after we have notified you of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you may cease using the Site.
In respect of each Artwork(s), the Terms in force at the time of your order will form the Contract between you and us subject to our acceptance of your order following Clause above.
For the avoidance of doubt, the Terms are subject to the relevant laws and regulatory requirements in Singapore which shall prevail over the Terms and shall apply to all orders made with us through the Site.
If we have to revise the Terms in respect of your order prior to our acceptance of your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not agreeable to the changes to the Terms. If you choose to cancel your order, we will arrange a full refund of the price you have paid, including any handling, delivery and insurance charges. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the site.
Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please check your order and the information contained therein carefully at each stage of the order process.
After you place an order and pay for the artwork(s), you will receive a receipt for the payment made by you from PayPal and the Company or both. If your payment is made through direct bank transfer, the Company will issue a receipt to you. However, please note that the issuance of a receipt does not mean that your order has been accepted by us. Our acceptance of your order will take place when we send the shipment tracking details for your order to you (the “Tracking Details”). Any order which is paid by you (including any handling and delivery charges) but not accepted by us will be refunded to you as soon as possible.
If we are unable to supply you with the artwork, for example, because the artwork has been withdrawn for sale by its creator, owner or seller, we cannot meet your requested delivery date or because of an error in the price on our Site, we will inform you of this by e-mail or by calling you and we will not process your order. If you have already paid for the artwork(s), we will refund you the full amount including any handling and delivery costs charged as soon as possible.
DELIVERY OF THE ARTWORKS
The delivery of the artwork is made at the address provided on the site, during the business hours and according to the procedures laid down by the carrier chosen upon ordering. The Buyer must inform him/herself about the procedures and delivery schedules implemented by the delivery services provider. If you order artwork from our Site for delivery outside Singapore and India, your order may be subject to import duties and taxes at your overseas destinations. You will be responsible for the payment of any such import duties and taxes. In respect of delivery of Work(s) outside Singapore and India, you must comply with, and be liable for, all applicable laws and regulations of the country for which the Works are destined.
RIGHT OF WITHDRAWAL
We want you to be completely happy with your purchase. If you don't like your artwork, we have 48 hours cooling off period. Within this period, you can return the artwork to us for an exchange or full refund. You must email us within 48 hours of receiving your artwork(s) stating that you wish to return it. Shipping and insurance of the artwork back to us is at your own expense. We must receive the artwork back in the same condition you received it in order to receive a refund or exchange.
We commit to respect and implement the statutory guarantees of the Buyer, i.e.: the guarantee of non-compliance and the guarantee of hidden defects.
In the event that any party to a Contract shall be rendered unable to carry out the whole or any part of its obligations under the Contract for any reason beyond the control of that party including, but not limited to, decrees or restrains by governmental authorities, acts of God, force majeure, strikes, war, riot and any other causes of such nature, then the performance of the obligations hereunder of that party or all the parties hereto as the case may be and as they are affected by such cause shall be excused during the continuance of any inability so caused, but such inability shall as far as possible be remedied with all reasonable dispatch.
The Seller guarantees that he/she is the author of the ceded Artwork and that the later does not violate any laws, regulations, and standards in force, or affects the rights of third parties. He/she commits to protect The Alora Art (Registered as ARTDEPLAZA PTE LTD, Reg no: 202006072W) and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. The Seller, however, retains his/her moral right on the artwork as well as the rights regarding its reproduction.
The Alora Art gathers and retains the Buyer(s) and the Artist(s) personal data to ensure proper execution of these terms. The right to object to the communication of 4 such data to third parties on justified grounds by sending a request to the following address: firstname.lastname@example.org, The personal data provided by the Seller will be destroyed no later than six months after the cancellation of the account. The Alora Art reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service.
The Alora Art is committed to taking all necessary measures to best protect the confidentiality of the information provided by the Seller and the Buyer.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and our Services remains with you. In no event shall the Company that is The Alora Art managed by ARTDEPLAZA PTE LTD, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, successors, suppliers, distributors, affiliates, vendors, contractors, galleries, artists, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, or loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, arising from or directly or indirectly related to the use of, or the inability to use, the Site, and/or the content, materials, and function related thereto, even if the Company or its representative or such individual has been advised of the possibility of such damages. Without limiting the foregoing, in no event shall the Company or its respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of the Company. You hereby acknowledge that the preceding paragraph shall apply to all content, Works and Services available through the Site.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Alora Art. The Alora Art has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Alora Art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. (including any virus, spyware, malware, worms, errors or damaging material contained in such sites).
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or obligations under these Terms. You may transfer your rights or obligations under these Terms to another person or organization provided that our written consent is given. No other person shall have any rights to enforce any of the terms of a contract and/or these Terms, whether under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or otherwise.
Each of the paragraphs and parts thereof of these Terms operates separately. If any court or relevant authority decides that any of the paragraphs or part(s) thereof are unlawful or unenforceable, the remaining paragraphs or part(s) thereof 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.
These Terms and any Contract shall be governed by and construed in accordance with the laws of Singapore and you agree to be subject to the non-exclusive jurisdiction of the Courts in Singapore.
If you have any questions about these Terms, please contact us.