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Website terms and conditions
Welcome to the Nama Gallery website – http://www.Nama-Gallery.com (hereinafter: “the site”).
 
Please read this agreement carefully before accessing or using this site. By accessing or using this site or by activating your account, you agree to be bound and obligated by this agreement.
 
By using this site you confirm and declare as follows:
1. that you agree to be bound by the terms of this agreement; and
2. that you are at least 18 years old.
The information and services on this site are provided by the Nama Gallery (hereinafter: "Nama"), subject to your agreement to the terms and conditions below.
 
Registration
Registration as a subscriber to this Site is optional. However, a subscriber shall receive permission to use some of the Site’s services online, which may not be available to non-subscribers.
As part of the registration process, you will select a password and a user name (hereinafter: "user name"). You agree to provide us with accurate, complete, and updated account information. Failure to do so will constitute a breach of this agreement that may result in immediate termination of the right to use the account.
You may not (a) select or use a user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a user name that we, at our sole discretion, deem inappropriate or offensive.
You are responsible for maintaining the confidentiality of your user name and password, and you will be responsible for all uses of your user name and password whether or not authorized by you.
You must notify us by e-mail of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name and password. We will have no liability for any circumstances arising from the unauthorized use of a user name, password or your account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, infrastructure and other equipment necessary to access this site, including without limitation Internet access software and modems.
 
Sale of Artwork and Products
Orders placed by Users through the Site for the purchase of Artwork, Products and/or Services shall be deemed to constitute an offer by the User (also referred to herein as “Purchaser”) to enter into a contract with Nama on these Terms and Conditions, which offer shall be accepted by Nama by shipping the order.
 
Payment
Payment of the Purchase Price specified on the Site Order Page for each Artwork, Product and/or Service selected by Purchaser, and any applicable delivery/shipping costs, or other expenses of any kind or nature, including but not limited to sales tax, customs duties, artist resale royalties, export or import charges (collectively “Shipping and/or Other Expenses”), is due in full by an acceptable credit card at the time of shipment.
You hereby accept sole responsibility for any taxation or charges levied in respect of importation of Artworks you have ordered.
Nama and Purchaser agree that the sale of Artwork and/or other Products and the transfer of title in the Artwork, Products and/or Services from Nama to Purchaser shall take place only after the Purchaser has paid the Purchase Price and Shipping and/or Other Expenses in full as provided herein, and the Purchaser takes actual possession of the Artwork, Products and/or Services. At such time as title passes to Purchaser, risk of loss will also pass to Purchaser, and if the Artwork and/or other Product are damaged in transit, Purchaser should contact Nama immediately at gallery@nama-gallery.com, +972-54-4739207, for further instructions on how to proceed.
 
Ordering and Shipping
Nama accepts Visa, Mastercard and American Express, as well as money orders, wires or other forms of payment – for further information please contact us at gallery@nama-gallery.com. Soon after the completion of an order the Artwork will be dispatched by Nama.
Nama will, on receipt of the Purchase Price and any applicable Shipping and/or Other Expenses, arrange for delivery of the Artwork and/or Product to the Purchaser via common carrier at the address specified on the Site Order Page. Shipper and/or Nama will pack and insure the Artwork and/or Product at Nama’s expense, for at least the full Purchase Price, and name Nama as the insured party.
All delivery rates and arrangements published are subject to gallery staff checking that our normal carriage arrangements are appropriate for the works selected. Gallery staff will contact the Purchaser to seek agreement to any modifications proposed by the gallery. In such cases purchased orders will only be processed when the purchaser has agreed to any such new arrangements.
You may also contact us directly and arrange to pick up your purchase yourself, or using a proxy.
 
Artwork description
Sales of all Artwork, Products and/or Services are governed by these Terms and Conditions, as well as any detailed exceptions as included in individual Artwork, Product and/or Service descriptions on the site. While Nama is committed to providing excellent customer service, Purchasers must note that, due to their inherent characteristics, Artwork(s) may require additional handling or other considerations as stated in an Artwork’s description page that may modify these Terms and Conditions.
 
Unavailability
All Artwork and/or other Products featured on the Site are offered on a first-come basis. As between two or more potential Purchasers of a given Artwork and/or other Product, the potential Purchaser who first submits a complete and otherwise acceptable Order, via the Site Order Page, shall have first rights to purchase a given Artwork and/or other Product. Notwithstanding the foregoing, Nama does not guarantee the availability for purchase of any Artwork and/or other Product featured on the Site. Moreover, in its sole and exclusive discretion, and for any reason whatsoever, Nama reserves the right to withdraw from sale, or unwind any transaction for the purchase of any Artwork and/or other Products before the actual transfer of title to the Purchaser as provided above/herein.
In the event an Artwork and/or other Product is unavailable for any reason, the Purchaser may, at his or her option, obtain (1) a full refund of any amounts paid to Nama or, (2) a full credit for amounts paid applicable to the purchase of any other Artwork and/or other Product(s) available at that time.
 
Copyrights
All content included on this site, such as images, text, logos, button icons, graphics, and HTML, is the property of Nama and is protected under international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Nama and is protected by international copyright laws.
Any person is hereby authorized to view any page within this website and use this website as an informational and shopping resource but not otherwise.
All site visitors are permitted, for the sole purpose of viewing the site, to make a temporary copy on their respective access devices, of pages hosted on the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, offer to public, or performance of the content on the site, or any part thereof, is strictly prohibited.
You may establish a hypertext link to the site, as long as the link does not state or imply any sponsorship of your site by Nama. However, you may not frame any of the content of the site, or incorporate it into another website.
 
Artists’ Rights
The Artists reserve all rights protected under international copyright laws in all Artwork purchased by the Purchaser. The sale of a given Artwork does not include any assignment, transfer or license to Purchaser of the right to reproduce, modify, or create derivative works of any Artwork, unless such right is expressly granted in writing beforehand by the Artist.
 
Warranty and Liability
ALL CONTENTS, ARTWORKS, PRODUCTS, SERVICES OR TEXTS PROVIDED BY NAMA ON THE SITE ARE OFFERED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF VIRUSES, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF MATERIALS, CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. NAMA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE PRODUCTS PURCHASED USING THIS SITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NAMA, OR ITS REPRESENTATIVES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
THE DESCRIPTIONS OF GOODS AND SERVICES INCLUDED IN THIS SITE ARE ACCURATE TO THE BEST OF OUR KNOWLEDGE. WE DO OUR BEST TO CORRECT ERRORS AND OMISSIONS AS SOON AS WE BECOME AWARE OF THEM. HOWEVER, THE SITE COULD INCLUDE INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. YOU SHOULD ALSO BE AWARE THAT THE COLORS AND APPEARANCE OF IMAGES MAY VARY TO SOME DEGREE FROM THE WAY THEY APPEAR ON THE SCREEN AND/OR IN REALITY. ALSO, CHANGES ARE PERIODICALLY MADE TO THE INFORMATION IN THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN PART. IN NO EVENT SHALL NAMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USING THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
 
Remedy for Purchaser’s Failure
If any of the Terms and Conditions herein are not complied with in a timely manner by the Purchaser, in addition to any other remedies available to Nama by law, including without limitation the right to hold Purchaser liable for the Purchase Price, Nama may hold the Purchaser liable for any and all costs of collection, reoffer, handling charges, commission, and any legal fees and expenses attributable to Buyer’s breach of the Terms and Conditions.
 
No Interference with the site
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site. You may not take any action that imposes an unreasonable or disproportionately large load on our system. Users may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of the site or others.
You also agree that you will not do the following, with respect to the site:
(a) Upload, post, create, compose, email and/or transmit any content and/or links to any content that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the services or any third party software, site, equipment or service.
(b) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the site.
(c) Collect or store personally identifying information about other users.
(d) Use the site for any unsolicited advertising, spam or promotion.
(e) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
(f) Monitor any portion of the site, or any site content.
(g) Bypass any measures we may use to prevent or restrict access to the site or any part thereof.
(h) Engage in any activity which may compromise the stability or availability of the site or use the site to compromise the availability or stability of any third party site or service.
 
Return Policy
Purchaser may return, at their sole expense, an Artwork and/or other Product, in the same condition as received by Purchaser, for a full refund of the Purchase Price (less the Shipping and/or Other Expenses), for any reason, within 7 business days after receipt of the Artwork and/or other Product. After 7 days following delivery of the Artwork and/or other Product, all sales are final. All returns are to be made directly to Nama. Purchaser must notify Nama by fax (+972-3-5496055) or email of intent to return an Artwork and/or other Product, within 7 business days after delivery of the Artwork and/or other Product and prior to its return shipment.
Custom-made or commissioned Artwork:
All sales of custom made or commissioned artworks are final. Purchaser’s credit card will be charged at the time an order is placed and no refunds or returns will be permitted or accepted.
 
Privacy Policy
Nama is committed to protecting the privacy of website visitors and does not share personally identifiable information with third parties without your prior consent. You acknowledge that, although Nama agrees to use its best efforts to comply with and to ensure that its users, content providers, distributors and licensees comply with Nama’s privacy policy, Nama cannot be held responsible for the actions of third parties who violate said policy.
We do, however, reserve the right to use your email address for the purpose of sending you information and offers with respect to Nama and the site.
We may disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Nama; (b) protect and defend the rights or property of Nama (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of our services, our employees and/or agents, or members of the public.
This policy is not intended to confer, and does not confer, any rights or remedies.
 
Links to Other Web Sites
This site may include links to other internet sites, solely as a convenience to users. Nama does not endorse any such sites or the information, materials, products or services contained on or accessible through these sites, and you access and use such sites, including information, materials, products and services therein, solely at your own risk.
 
Miscellaneous
(a) In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
(b) Nama may transfer and/or assign any and all of its rights and obligations under this Agreement and upon such assignment/transfer, Nama shall be relieved of any further obligation hereunder.
(c) This agreement and the resolution of any dispute related to this Agreement or the site shall be solely governed by and solely construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law.
(d) Nama's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.
(e) If there is any contradiction or inconsistency between anything stated elsewhere in the site and this agreement, the provisions of this agreement shall prevail.
(f) Any legal action or proceeding between Nama and you related to this agreement shall be brought exclusively before the appropriate court of competent jurisdiction sitting in Tel Aviv, Israel.
 
Changes to this Agreement
Nama reserves the right to change the terms of this agreement when it is deemed necessary, and post a new version on the site. The new version will take effect from the day of posting on the site. Price and availability information are also subject to change without notice.
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