USER AGREEMENT
Maraya Galleries is an internet art gallery
and venue presenting art and gift items ("Artwork") from
selected artists and artisans ("Artist" or
"Artists"). The listing and sale services
("Services") are provided by Maraya Galleries
("We" or "Us") to you ("you" or
"user") subject to the following terms and conditions
described in this User Agreement ("Agreement"). The
Agreement describes the terms and conditions applicable to your use
of our services available under the domain and sub-domains of http://www.marayagalleries.com/
(the "Site") and the general principles for the websites
of our subsidiaries and international affiliates.
By accessing the content and services of this
Site, you agree to be bound by the terms and conditions of this
Agreement.
Acceptance of terms and conditions:
Before you attempt to purchase any Artwork through Maraya Galleries,
and/or begin participating in the Services, we require you to read,
agree with and accept all of the terms and conditions in this
Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by
reference.
BY PURCHASING OR SUBMITTING OUR PURCHASE FORM,
OR USING ANY OF THE SERVICES AVAILABLE ON THE SITE, INCLUDING
EMAILING US, YOU HEREBY REPRESENT THAT YOU HAVE READ, UNDERSTOOD,
AGREE WITH AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND ALL AGREEMENTS AND POLICIES INCORPORATED BY REFERENCE.
If you choose not to accept this Agreement,
you may not access or use the Site or Services.
Amendments:
We may, at our sole discretion, amend any portion of the Agreement,
at any time, without notice to you, by posting such changes on the
Site. All amended terms will automatically be effective 30 days
after they are initially posted on our site. Your continued use of
the Site and the Services after such amendments are posted will
constitute your agreement to such amendments.
Last revision date to this Agreement: November 30, 2005.
Use of Site and Services:
Our services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available
to children (persons under the age of 18) nor to individuals who
have been suspended from the Services. If you are under the age of
18, you can use this service only in conjunction with, and under the
supervision of your parents or guardians. If you are participating
in the Services as a business entity, you must prove that you have
the authority to bind the entity to this Agreement. If you do not
qualify, please do not use our Site.
Purchasing Artwork:
Please see our purchase info page for more details on payment
methods, shipping, insurance and return policy.
Buyers are responsible for the posted purchase
price of the Artwork, any insurance, packing, freight and shipping
fees associated with the purchase, and any applicable sales tax as
outlined in our invoice. Buyers are also responsible for any customs
fees, customs clearance fees, taxes and duties associated with
international shipping. We reserve the right to refuse to sell to
any buyer if we suspect a fraudulent or suspicious transaction.
Payment:
Payment for Artwork and all associated costs will be made to us as
specified in our Purchase Info page. All posted prices are in US
dollars.
Shipping and Packing:
Sold Artwork will be securely packed and shipped by the Artist to
the address specified by the buyer through reputable carriers as
detailed in our Purchase Info page. Maraya Galleries will not
participate in the packing and shipping process, and in no event is
Maraya Galleries liable for any loss or damages of any kind arising
from the packing and/or shipping of the Artwork.
Insurance:
We strongly recommend the use of professional carriers as well as
shipping insurance when shipping the purchased Artwork.
Ownership transfer:
The Artist will assume the risk for the Artwork until it is shipped
to the buyer, thereafter the risk will be assumed by the buyer and
the carrier. Transfer of ownership will in no case be completed
until payment for the Artwork has been received in full.
Returns:
Unless stated otherwise for a particular Artwork, we offer a limited
seven-day return policy for all Artwork purchased through Maraya
Galleries. Please consult our Purchase Info page for more details.
Loss or Damage:
In the event any shipped and insured Artwork is lost or damaged
during shipping, the shipping carrier and its insurance agents
assume responsibility and liability for the lost or damaged item.
Under no circumstances will Maraya Galleries and/or the Artist be in
any way held liable or responsible for the loss or damage to the
shipped Artwork. For more detail on how to handle a lost or damaged
item, please refer to our Purchase Info page.
Restricted activities:
Any information you provide during the purchase process or other
activities on the Site shall not: (a) be false, inaccurate or
misleading; (b) be fraudulent; (c) violate any law, statute or
regulation of any kind; (d) be defamatory, libelous, unlawfully
threatening and unlawfully harassing; (e) contain any viruses,
Trojan horses, worms, time bombs or any other computer programming
routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information; (f) create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other
suppliers.
Maraya Galleries and marayagalleries.com are
trademarks of Maraya Galleries. These and other trademarks on the
Site, trade names, logos, graphics and all other materials,
including text are the exclusive property of Maraya Galleries. The
use, modification, reproduction or distribution of any part of this
exclusive property without a prior express permission from Maraya
Galleries is strictly prohibited.
Privacy Policy:
We do not share, sell or rent your personal information to third
parties under any circumstance. When we ask for information, we use
it for the stated purpose only. We do not accumulate information
that we don't need or for purposes that you have not agreed to.
Disclaimer:
We, our subsidiaries, officers, employees, affiliates and suppliers
provide our web site and services "As Is" and without
representation, warranty or condition whatsoever, express, implied
or statutory. Except as clearly stated, we do not warrant in any way
that the Artwork, the Site or the Services will meet the user's
unstated requirements or expectations. We expressly disclaim any
warranty of any Artwork sold through the Site, and any
responsibility for any misrepresentation or breaches committed by
users of the Site.
Limitation of Liability:
We are in no way and under no circumstances liable for any damages
or loss of any kind directly or indirectly related to the use,
purchase or return of any Artwork from our Site. Our liability, and
the liability of our subsidiaries, officers, employees, affiliates
and suppliers, to you or any third parties in any circumstances is
limited to US $100.
Indemnity:
You agree to indemnify and hold us and our subsidiaries, officers,
employees, affiliates and suppliers, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law
or the rights of a third party.
This Agreement is governed in all respects by
the laws of the Province of Ontario and the federal laws of Canada
applicable therein. If any provision of this Agreement is held to be
invalid or unenforceable, such provision will be struck and the
remaining provisions will be enforced.
