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
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
Software Available on the Sites
Software (if any) that is made available to download from Khaas Art Gallery’s websites,
excluding software that may be made available by end-users through a Communication
Service, ("Software") is the copyrighted work of Khaas Art Gallery and/or its suppliers.
Khaas Art Gallery hereby grants to you, the user, a personal, non-transferable license
to use the Software for viewing and otherwise using the particular website in accordance
copying or reproduction of the software to any other server or location for further
reproduction or redistribution is expressly prohibited.
The information, software, products, and services included in or available through
the Khaas Art website may include inaccuracies or typographical errors, which Khaas
Art tries, to its best abilities to correct as soon as they are noticed. Changes
are periodically made to the information published herein. Khaas Art and/or its
respective affiliates may make improvements and/or changes to the site at any time.
Advice received via the website is in good faith, and should not be relied upon
for personal, legal or financial decisions without you taking appropriate independent
and professional recourse for specific advice tailored to your situation. Any decision
to follow advice given by Khaas Art Gallery to you in good faith is yours and yours
alone. Khaas Art Gallery and/or its respective suppliers make no representations
about the suitability, reliability, availability, timeliness, and accuracy of the
information, software, products, services and related graphics contained on the
site for any purpose. All such information, software, products, services and related
graphics are provided "as is" without warranty of any kind. Khaas Art Gallery and/or
its respective suppliers hereby disclaim all warranties, conditions and/or liability
with regard to this information, software, products, services and related graphics,
including all implied warranties and conditions of merchantability, fitness for
a particular purpose, title and non-infringement. In no event shall Khaas Art Gallery
and/or its suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential, or any damages whatsoever. These include, without limitation, damages
for loss of use, data or profits, arising out of or in any way connected with the
use or performance of the website, with the delay or inability to use the sites
or related services; the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the site, or otherwise arising out of the use of the site, whether based on contract,
tort, negligence, strict liability or otherwise – even if Khaas Art Gallery or any
of its suppliers has been advised of the possibility of damages. If you are dissatisfied
remedy is to discontinue using the site and by using the site, you hereby agree
and acknowledge (to) the above.
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,
General Terms and Conditions of Use
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.
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.
TERMS AND CONDITIONS FOR SALE
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.
- 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
- 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 a (?? 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.
- Please refer to the Disclaimer (hyper link to disclaimer) and the terms of our Privacy
govern your use of the website.