PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING YOUR ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH YOUR ORDER, FOR FUTURE REFERENCE.
Formation of the Contract
- These Terms should be read carefully by you before you place an order for goods from Gajah Gallery. You will be asked to accept these Terms before placing your order. If you do not agree to these Terms, you should not place an order.
- These Terms, and any contract between us for the sale of goods to you, are only in the English language.
- To place an order on the Website, you will need to add goods to your basket on the relevant “Shop” pages of the Website, click “Checkout”, and provide us with the delivery and billing information requested. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, Gajah will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.
- Gajah will confirm its acceptance of your order by sending you an email confirming that, if you have ordered any editions or other artwork, they are ready to be dispatched (“Dispatch Email”). Gajah shall not be under any obligation to accept your order and the contract between you and Gajah for the sale of goods will only be formed once Gajah has sent you such Dispatch Email.
- If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Gajah for the purchase of goods.
- Gajah may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.
Availability, Description, Specification, and Price of the Goods
- All goods are subject to availability. If on receipt of your order the goods you have ordered are not in stock, Gajah will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
- The description and specification of the goods you order will be as shown on the Website at the time you place your order.
- Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in Singapore Dollars (SGD) and are exclusive of delivery charges, which will be added to the price of the goods on confirmation of thedelivery address and prior to you making payment.
- Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, Gajah will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If you cancel, Gajah will refund you for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
- The price of the goods shown on the Website is not inclusive of local taxes that may differ within specific countries or regions. Please note that if you are located outside of Singapore, you will be responsible for the payment of your own local tax for the acquired artwork.
If buying from within Singapore, please note that GST charges at prevailing GST rates will apply.
- Where the Goods are supplied for export from Singapore, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
- Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, and PayPal).
- All deliveries are subject to prior authorization of your payment.
- If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide Gajah with details of the debit or credit card used for the purchase of the goods.
- Delivery and Risk
- The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by Gajah Gallery.
- All editions or other artwork ordered from Gajah shall be sent to you via secure courier service DHL. Gajah shall endeavor to deliver editions within Singapore within 7 days after receiving payment from you and outside Singapore within 14 days of receiving your payment, or within such other period indicated at the time you place your order.
- If delivery cannot be made to the delivery address provided, Gajah Gallery will inform you as soon as possible, and refund you for any sum that has been paid by you or debited from your credit card for delivery.
- Goods not collected/received by the client within 5 days upon arrival at the destination will be subject to storage charges. Such charges shall be borne by the buyer.
- A signature will be required on delivery of all Gajah editions. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.
- Every effort will be made to deliver the goods within the time periods specified above. If Gajah is unable to deliver the goods within such time periods, Gajah will inform you as soon as possible of the revised estimated delivery date and you will be entitled to cancel the order and obtain a refund for any sum that has been paid by you or debited from your credit card for the goods and their delivery to you.
- You will become the owner of the goods you ordered and responsible for the risk of loss or damage to them once they have been delivered to you.
- No Right of Resale
- If you are a consumer, we only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business, or re-sale purposes.
- If you are a business, we only supply goods for internal use by your business. You agree not to use the Goods for any re-sale purposes.
- Public Display of Editions or Artwork
- You are not permitted to display or to authorize any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Gajah on behalf of the artist of such edition.
- Intellectual Property
- In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such edition.
- Nothing in this clause or otherwise in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation in accordance with the law of Singapore.
- Subject to 8.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
8.2.1 all conditions, warranties, and other terms which might be implied into these Terms by law or otherwise;
8.2.2 any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.
- Subject to 8.1 above, Gajah shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact Gajah by phone or post or email in accordance with the contact details at 10 below.
- Gajah shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Gajah’s reasonable control.
- If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Marketing Communications
- Gajah would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. We would also like to send you the Gajah Newsletter. If you would like to be notified of new editions and similar artwork and/or subscribe to our newsletter, please tick the relevant box on the screen shown before you make payment. You will be able to unsubscribe from such notifications or the Newsletter at any time by notifying us in writing at the address or email address shown at 10 below.
- Gajah Gallery’s Contact Details
- If you have any queries about your purchase of goods, these Terms or any other aspect of our Website you can phone us on +(65) 6737 4202, email us at firstname.lastname@example.org, or write to us at Gajah Gallery, 39 Keppel Road, #03-04, Tanjong Pagar Distripark, Singapore 089065. We will endeavor to respond as quickly as possible.
- Gajah may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organization, but this will not affect your rights or obligations under these Terms.
- You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
- These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is a party to the contract with Gajah for the supply of goods.
- If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.
- No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
- These Terms and the supply of the goods by Gajah and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with Singapore law, and the Singapore courts will have non-exclusive jurisdiction in respect of any such dispute or claim.
* These Terms of Online Sale are effective 11 Nov 2020.