Terms and Conditions of use of the Website
Preamble
“NINO GOGE GALLERY” LLC (hereinafter referred to as “Gallery” or “We”) on the one hand, and the “Customer” (hereinafter referred to as “Customer”, “You”, he/she) on the other hand, hereby express their free will and agree to enter into this Agreement (hereinafter referred to as “Agreement” or the “Terms and Conditions”) as follows. The present Agreement regulated the terms of using ninogogegallery.com – the official website of the Gallery, namely: the rules of creating an account and use of the account by the Customer, purchasing the item (s) offered/presented the online Gallery; terms of payment; terms of delivery; deletion of an account; rights and obligations of the parties and the rules of liability.
The present Terms and Conditions constitute a legally binding agreement between the Gallery and the Customer. Before purchasing the item presented in the online Gallery, the Customer is obliged to carefully read and agree to following Terms and Conditions.
Article 1. Definition of Terms
The terms used in these Terms and Conditions have the following meanings:
“Gallery” – “Nino Goge Gallery” LLC (a legal entity of private law, registered and operating in accordance with the legislation of Georgia, identification number: 404606869, legal address: apartment 1, 1st floor, Building, Iakob Nikoladze street, Tbilisi, Georgia).
“Website” – www.ninogogegallery.com, the website owned by the Gallery.
“Customer” – Individual or a legal entity that meets the requirements as set in these Terms, which uses the website Ninogogegallery.com and wishes to purchase the item(s) offered presented in the online Gallery.
“Terms and Conditions” – or the “Agreement” – a legally binding agreement concluded by and between the Gallery and the Customer, regulating the terms of use and buying item(s) by the Customer, as well as the rights and obligations of the parties.
“Parties” – Gallery and Customer together.
“Third party” – any person other than the Customer and the Gallery.
“Account” – an account registered by a Customer on ninogogegallery.com.
“Authorization” – Customer’s access to the account registered on the website, performed through using the username and password specified by the Customer when registering the account.
“Universal Identifiers” – information provided by the Customer for the confirmation of the validity of a person, including a Customer’s name, surname, personal number, date of birth, e-mail address, name, password, phone number, address and/or other.
“Verification” – confirmation of the accuracy of the data specified by the Customer for the security of the account.
“Access Codes” – a one-time code required for performing any transaction on the website by the Customer as an additional security measure, which is sent to the Customer’s e-mail address or mobile phone and requires confirmation.
“Item” – a movable item(s) presented/offered for sale in the website’s online Gallery, such as, usually paintings, sculptures, Artwork etc.
Singular words used in the present Terms and Conditions may have a plural meaning if it is required by the context and vice versa.
Article 2. Customer Statements and Warranties
2.1. By agreeing to these Terms and Conditions, the Customer hereby warrants and confirms that:
2.1.1. He/she is fully aware of and agrees to the present terms and conditions;
2.1.2. All data/information provided by him when registering on the website ninogogegallery.com and during the validity of this Agreement is complete, accurate and true;
2.1.3. In the case of a natural person: he/she is 18 years old at the time of registering on/using the website;
2.1.4. When registering an account on the Website and during the validity of these terms and conditions, his activity/actions are/will be in full compliance with national and international laws.
2.1.5. None of his actions are/will be aimed at misleading/deceiving/damaging the Gallery and/or any third party.
2.1.6. Has the full authority to undertake and fulfill the obligations under these terms and conditions (Agreement);
2.1.7. Will conscientiously, fully and duly fulfill the obligations under these terms and conditions;
2.1.8. Agrees, that after registration on the Website, until the termination of this Agreement, for the purposes of this Agreement, the Gallery will search for/verify and process any information specified by a Customer or related to him, including personal data and/or universal identifiers.
2.1.9. Will use the Website personally;
2.1.10. Fully ensures the security and confidentiality of his/her account and will not disclose information to any third party.
2.1.11. Will not infringe the intellectual Property rights belonged to the Gallery/related person(s) towards the content provided on the Website.
Article 3. Opening an Account.
3.1. To place an order and purchase the item, the Customer registers on the website – Ninogogegallery.com, where the following information must be indicated by the Customer: name, last name, date of birth (day/year/month), gender, username, password, e-mail address.
3.2. In order to successfully complete the registration the Customer must select a field that agrees with the terms and conditions of services. Therefore, the Customer should not continue to use the website unless he/she is aware of and agrees to these terms and conditions.
3.3. After successful registration of the account on the website and verification via e-mail, the Customer needs to complete authorization process through the username and password specified by him/her.
3.4. The Customer is obliged to protect the security of his account data and access codes and not to disclose them to third parties.
3.5. The Customer undertakes a full responsibility for any action taken on his account, therefore, the Gallery shall not be responsible for the loses/ damage arising from the access to the Customer’s account by any third party.
3.6. One-time access code(s) may be used when using the Website/Purchasing an Item. In such cases, the Customer chooses the method of sending the code: via e-mail or a phone number.
Article 4. Placing an Order. Purchasing an Item.
4.1. After completion of the registration, the Customer selects the desired item(s) on the website and adds it to the shopping cart to purchase them.
4.2. The following additional information shall be indicated on the purchase page: Customer’s personal number, mobile phone number, actual address and/or other details.
4.3. In order to complete the transaction of purchasing the item, the Customer selects the desired methods of delivery and payment and finishes the process of purchasing the item.
4.4. The customer has the opportunity to choose one of the following methods of delivering the item offered for sale: a) at the Gallery’s physical address or b) delivery to the Customer’s address.
4.5. The Gallery owned by “Nino Goge Gallery” LLC is located at the following address: Apt. 1a, 1st floor, building #8, Iakob Nikoladze street, Tbilisi, Georgia.
4.6. The Customer verifies the e-mail specified by him/her when registering on the website via a one-time code sent to his e-mail or mobile phone.
Article 5. Terms of Payment
5.1. For payment purposes the Customer uses the following payment methods: a) payment via bank transfer; b) payment by any VISA or MASTERCARD card on the website www.ninogogegallery.com; c) payment via cash or credit card in the Gallery, located as mentioned in the Article 4.
5.2. When paying via any VISA or MASTERCARD card, the customer’s personal banking data is entered directly on the respective bank’s website, which ensures the protection of customer data.
5.2. For the payment purposes please use the following banking details:
Beneficiary: NINO GOGE GALLERY LLC (Id. No: 404606869)
Beneficiary’s Bank: Bank of Georgia
SWIFT BAGAGE22
Beneficiary’s IBAN GE30BG0000000498576099
5.3. In case of a non-cash payment, Customer’s obligation to make a payment shall be considered as fulfilled from the moment when the price of the item (and the additional service fee, if applicable) is fully reflected to the Gallery’s bank account.
Article 6. Liability of the Gallery and its Limitation
6.1 Gallery is responsible for the complete and due fulfillment of these Terms and Conditions.
6.2 The Gallery is responsible for protecting the privacy of Customer’s data in accordance with the legislation of Georgia and the terms of privacy (thereinafter referred as “Privacy Policy”) published on the Website.
6.3 Gallery uses all legal means to ensure that the website operates properly and that Customers have access to it.
6.4 The Gallery shall use all legal measures at its disposal to remedy any technical deficiencies within a reasonable time. However, within the respective law, the Gallery does not guarantee continuous/permanent access to the website and/or the services offered.
6.5. The Gallery’s responsibility is limited to the accuracy of the content and information provided on its official website, which means the Gallery is not responsible for the content of the links/websites to which the Customer may be redirected from the present Website.
6.6. The Gallery shall not be held responsible for:
- Possible software bugs, errors, viruses, etc.;
- Restriction or termination of Customer’s access to the Website for any reason;
- The accuracy of any information provided by the Customer during registration and/or thereafter.
6.7. The Gallery shall not be liable under any contractual, tort or other forms of liability (financial or other) to the Customer or any third party for any damages/loss/disbenefit that are related to or caused in any way by the following circumstances:
- Malfunction/erroneous operation of the website;
- Interruption / discontinue of any operation/transaction/transmission;
- Illegal use of the Website by the Customer or any third party;
- A mistake/fault of a respective bank or any other service provider (third party);
- The use of any kind of link on the website by the Customer or any third party;
- Any other circumstances that are beyond the control of the Gallery.
Article 7. Terms of Delivery
7.1. The customer can choose between the options of receiving the item at the address of the Gallery or delivering it to the address specified by the Customer.
7.2. We offer worldwide delivery. In case the customer has chosen the delivery service, the purchased item (s) will be delivered to the Customer within the 3 working days from the receipt of the amount to the Gallery’s bank account throughout Tbilisi.
7.3. The term of delivery of the item throughout the regions of Georgia is 14 working days from the receipt of the amount to the Gallery’s bank account.
7.4. The term of delivery outside the territory of Georgia is 28 working days from the receipt of the amount to the the Gallery’s bank account.
7.5. The item will be delivered to the address indicated by the Customer.
7.6. In case of delay in delivery within the period as set in this Agreement, the customer must contact the Gallery by phone or e-mail specified in these terms and conditions. The Gallery will immediately communicate with the relevant service provider (courier/carrier company) to eliminate the defect in delivery within a reasonable time.
Article 8. Return and Refund Policy.
8.1. The Gallery shall be obligated to return a purchased item if it is found to be damaged/defective at the moment of delivering to the Customer. In such a case, the Customer is obliged to notify the Gallery about the damage immediately, no later than 01 (one) working day from the receipt of a purchased item. Expenses of transportation shall be borne by the Gallery.
8.2. Damage/defect to the item must be confirmed by appropriate evidence(s). It is customer’s obligation to prove such a fact.
8.3. The Gallery is entitled not to return the item if the condition of the item is not the same as it was at the time of delivery to the customer.
8.4. In case the Gallery accepts to return of the item that was damaged/defective, the price will be refunded (transferred) to the bank account specified by the Customer within 05 (five) working days from the return of the item to the Gallery. The deadline for reflecting the amount on the Customer’s account is the solely competence of the respective bank and the Gallery does not take responsibility for this.
8.5. In case an item was lost, the Gallery will refund the price paid by the customer to the bank account specified by the Customer within 05 (five) working days from the proper confirmation of the fact of loss of the item. The deadline for reflecting the amount on the Customer’s account is solely the competence of the respective bank and the Gallery does not take responsibility for this.
Article 9. Order Cancellation
9.1. The Customer is entitled to cancel the order.
9.2. The order can only be canceled by the Customer until the item is shipped. Shipping status of an item (“Shipped”) is indicated on the Customer’s account page.
9.3. In case cancellation by the Customer is made in compliance with the rules established by this Article, the amount paid by the customer will be refunded within 05 (five) working days after the cancellation of the order. The deadline for reflecting the amount on the Customer’s account is the competence of the respective bank and the Gallery does not take responsibility for this.
9.4. Gallery is entitled to cancel the order at any time if the item is not available and/or due to technical or other problems. Refunds will be made within 03 (three) working days after the order is canceled by the Gallery. The deadline for reflecting the amount on the Customer’s account is the competence of the respective bank and the Gallery does not take responsibility for this.
Article 10. Account Cancellation
10.1. The Customer is entitled to cancel(delete) his account at any time.
10.2. In case of violation of these Terms and Conditions by the Customer, the Gallery is entitled to unilaterally delete the account and/or a certain order by sending an e-mail notification to the Customer via e-mail.
10.3. Cancellation of an account shall not cause the termination of the privacy policy published on the Website.
Article 11. Liability for Violation of the Terms and Conditions
- In case of non-fulfillment of obligations provided by this Terms and Conditions the Parties shall be liable according to the applicable legislation of Georgia and the Present Agreement.
11.2. Each party is obliged to compensate the other party for the loss/damage arising from the breach or incomplete/improper fulfillment of the obligations under these terms and conditions in accordance with the rules established by the legislation of Georgia.
Article 12. Governing Law. Dispute resolution
12.1. The present Terms and Conditions shall be governed by and construed in accordance with the legislation of Georgia;
12.2. Relations not regulated by these Terms and Conditions will be regulated under the applicable Georgian Law.
12.3. The Parties shall take all legal measures to resolve any disputes and disagreements arising out of these Terms and Conditions by mutual agreement. In case of failure to reach an agreement, any dispute which may arise out of or in connection with the present Terms and Conditions or alteration, execution, breach, termination or validity thereof, shall be settled by Tbilisi City Court in accordance with the current legislation of Georgia.
Article 13. Amendments to the Terms and Conditions
13.1. The Gallery reserves the right to amend/make changes to these Terms and Conditions at any time unilaterally by posting such amendments on Website, without prior notice to the Customer and/or obtaining additional consent by him.
13.2. Changes to these Terms and Conditions will take effect upon posting on the website , providing that which the date of the changes/updates of the Terms and Conditions are also indicated.
Article 14. Force Majeure
14.1. The parties are released from liability for non-fulfillment of obligations, if this is caused by the influence of force majeure. In the event of such circumstances, a party is obliged to notify the other party of the impossibility of fulfilling its obligations.
14.2. If one of the parties fails to fulfill its obligations due to force majeure, it is obliged to immediately notify the other party in writing about their arrival and/or termination. Otherwise, the relevant party is not exempted from fulfilling its obligations under these terms and conditions.
14.3. The responsibilities and obligations of the parties shall accordingly be suspended until the expiration of the force majeure and shall be resumed after the elimination of such circumstances.
Article 15. Terms of Privacy
15.1. The Customer must carefully read the terms of privacy provided on the website.
15.2. By logging in and using the Gallery’s website – ninogogegallery.com the Customer confirms that he/she has read and agrees to the Privacy Policy and the present Terms and Conditions of use of the website.
Article 16. Intellectual Property
16.1. Any kind of content/information given on the website ninogogegallery.com (images, texts, photos, design, logos, trademarks, programs, etc.) is an intellectual property object and belong to the Gallery and or any related person(s).
16.2 By agreeing to these Terms and Conditions, the Customer acknowledges and guarantees that he will not infringe the above intellectual property rights.
16.3. Unauthorized use of intellectual property objects (including and not limited to: publishing, copying, processing, transferring) without the prior consent of the Gallery shall cause the liability under applicable law.
Article 17. Entire Agreement
These Terms and Conditions, together with other related agreements, constitute the entire Agreement between the Gallery and the Customer and supersedes all prior agreements, understandings and negotiations whether oral or written.
Article 18. Miscellaneous Provisions
18.1. These Terms and Conditions have binding effect and are valid until the Customer Account is canceled.
18.2. The Customer is not authorized to assign his rights or obligations under these Terms and Conditions without the written consent of the Gallery. The Gallery may assign rights or obligations to a third party.
18.3. The invalidity of any of these provisions of this Agreement shall not lead to the invalidity of the other provisions. In such a case, the remaining provisions shall remain in force without the invalid provisions.
Contact:
If you have questions about these Terms and Conditions, please use the following contact information:
NINO GOGE GALLERY LLC,
Address: st. Tbilisi, Iakob Nikoladze st. # 8, Floor 1, F 1a
Postcode: 0179
Email Email: contact@ninogogegallery.com
Tel: +995 599 19 83 09