Terms and conditions
TERMS AND CONDITIONS
INFORMATIONAL PURPOSES ONLY.
The data on this Website is for informational purposes only. Without limiting anything else in these Terms or otherwise, De Buck Gallery is not responsible for any errors or omissions in the Website or Website Materials. Certain products may be purchased on the Website via DB Concept. Customer hereby acknowledges all conditions of purchase, shipping and returns.
De Buck Gallery owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Website (“Website Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Website Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. Under no circumstances will you have any rights of any kind in or to the Website, other than the right to use the Website in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Website solely for such purposes without De Buck Gallery’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) scraping, modifying, adapting or hacking into the Website or for modifying another Website so as to falsely imply that it is associated with De Buck Gallery; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Website who has not explicitly requested to be contacted; or (e) attempting to gain unauthorized access to De Buck Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website.
MATERIALS SUBMITTED TO THE WEBSITE.
The Website may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Website (“User Content”). Upon your submission of User Content or other material or information to De Buck Gallery, you grant De Buck Gallery a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. By submitting User Content, you hereby waive any rights to claim a violation of your intellectual property rights. All submissions of User Content shall become the sole and exclusive property of De Buck Gallery. De Buck Gallery reserves the right to restrict the submission of User Content and remove any content it deems, in its sole discretion, inappropriate or contrary to De Buck Gallery’s Website intent, image or other reason.
PAYMENTS TO THE WEBSITE.
By purchasing products on the Website, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. All payments must be made by Mastercard, Visa, Discover, Paypal, and/or bank wire, other methods of payment including, but not limited to, check and/or money order are NOT accepted for Website purchases. All Purchases are subject to the terms as detailed herein.
WEBSITE PURCHASE & SHIPMENT POLICY.
Completion of the online order forms is deemed acceptance of the invoice and all terms and conditions stated therein. De Buck Gallery hereby waives any and all liability arising out of the purchase of online products. For your convenience, most purchases shall be shipped through Your Special Delivery Service (“YSDS”), a third-party shipping company unaffiliated with De Buck Gallery. Customer is solely responsible for all packaging, shipping, delivery charges, taxes and fees associated with any and all purchases. Within forty-eight hours of purchase, a customer service representative will contact Customer to review shipping options and quote prices to create a custom plan tailored to your individual shipping needs. De Buck Gallery is not responsible for any lost, damaged or stolen items shipped through the third-party shipping company. Customer is solely responsible for insuring any purchase, at his or her own discretion, from the moment the purchase leaves De Buck Gallery’s possession and/or control. De Buck Gallery shall not be held liable or responsible for any shipping delays. All delivery times stated on the Website are for information purposes only and are solely used as a best-estimate of expected shipment time. Delivery times vary based upon production needs, additional production requirements and product availability and are subject to change in De Buck Gallery’s sole discretion. De Buck Gallery will charge a sales tax, totaling 8.875% of any purchase, for any and all purchases shipped within New York State. For purchases shipped outside of the United States of America, import taxes may apply. Customer is solely responsible for any and all taxes other than aforementioned New York State sales tax.
ONLINE RETURN POLICY.
Customer is entitled to reject any purchase upon receipt if there is a material error by De Buck Gallery or the product is delivered damaged or defective. Any purchase that Customer is entitled to reject may be returned and refunded provided Customer follows the return policy procedure as set forth herein. Within seven (7) days of the delivery of Customer’s purchase, Customer must notify De Buck Gallery, via e-mail, that the product was delivered damaged or defective and that Customer intends to return purchase. The purchase must be shipped back to De Buck Gallery within fourteen (14) days for any return to be deemed valid. Upon Customer’s email request, photographic proof of damage and De Buck Gallery’s receipt of the product, within the allotted fourteen (14) day time period, De Buck Gallery will review and inspect the product and, at its sole discretion, determine if the Customer’s rejection of delivery was valid and if a refund is due to Customer. Upon De Buck Gallery’s determination that a refund is due, Customer shall receive a refund of the full purchase price, including the delivery fees and all reasonable delivery charges arising out of the return of the product, provided that Customer encloses a valid receipt indicating the shipping costs associated with the return. Customer will receive an email notification when their return is received and processed. If and only if De Buck Gallery, at its sole discretion determines that a rejection was valid and a refund is due to Customer, De Buck Gallery shall process the applicable refund within thirty (30) days of receipt of the returned product.
Returns will ONLY be accepted if shipped back via the same company used to ship to the customer, direct signature required, and/or personal delivery to De Buck Gallery. In the event a return is shipped by any other means, De Buck Gallery reserves the right to reject the shipment and the Customer’s attempt at returning the product. De Buck Gallery shall not be held liable or responsible for any returns until they are received and the package has been signed for by a De Buck Gallery employee or agent. Returns must be packaged in the original packing materials and properly protected for the return to be deemed valid. Failure to properly package the product will result in additional damage and shall void any attempt of Customer to receive a refund.
THIRD PARTY WEBSITES AND CONTENT.
De Buck Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party Websites or the transactions you conduct or enter into with third parties. Your use of third party websites is at your own risk, and subject to the terms and conditions of such other websites. De Buck Gallery does not endorse any product, service, or treatment provided on a third party website or advertised on the Website.
LINKS AND INFORMATION
This Website may contain links to other sites. De Buck Gallery is not responsible for the privacy practices or the content of such web sites and disclaims any liability for any damages that may result from the use of such sites. From time to time, users have the opportunity to participate in special programs and will be able to opt in to programs that will transfer their information to other services. This will occur only with prior permission from the user. The Website uses an order form for customers to request information, products, and services. De Buck Gallery collects visitor’s unique identifiers and financial information (like their account or credit card numbers). Financial information that is collected is used to bill the user for products and services. Unique identifiers are collected from web site visitors to verify the user’s identity and for use as account numbers in our record system. De Buck Gallery expressly disclaims any liability that may arise from the provision of any information whatsoever to this site. You, the user, do hereby agree to hold De Buck Gallery harmless regarding any liability that may arise from the provision of any information on this site or gained through this site. By using this site, you also represent and warrant that you have read, understood and agree to the terms stated in the Agreement, which is incorporated herein by reference. Pursuant to the Agreement, you agree that all information provided to De Buck Gallery, shall become the property of De Buck Gallery, subject to any exclusions so stated herein.
The Website may create chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. De Buck Gallery expressly disclaims any liability that may arise from the provision of any information whatsoever to or in these forums. You, the user, do hereby agree to hold De Buck Gallery harmless regarding any liability that may arise from the provision of any information to these forums.
The Website has security measures in place to protect the loss, misuse and alteration of the information under our control. This includes a customer record manager and other technical systems. De Buck Gallery is not responsible, however, for any loss or misuse of any information you may submit to this site. You do hereby agree to hold De Buck Gallery harmless regarding any damages that may result from the use of this site. The submission of information to this site is done solely at the user’s own risk.
The Website provides users the opportunity to opt-out of receiving communications from our partners and us. (Please see below for further details). This site gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service. Simply email us at info@DeBuckgallery.com.
COOKIES, AND DE BUCK GALLERY’S USE THEREOF
Cookies are part of the technology implemented by your browser. Most browsers are initially set up to accept cookies. You can reset your browser either to notify you when you have received a cookie, or to refuse them all together.
De Buck Gallery relies on cookies to preserve the De Buck Gallery identity you have created while logged on. If you choose to not accept cookies, you cannot participate as a registered, signed-in member. By using this site, you do hereby agree to be bound by the terms set forth in this Agreement.
DE BUCK GALLERY’S USE OF MEMBER INFORMATION
Two things drive De Buck Gallery’s decisions regarding the use of information collected from De Buck Gallery members: (1) improving user experience by offering personalized services and content, and (2) market research.
De Buck Gallery may analyze information provided directly by you, or obtained through cookies or third parties to direct services and content based on your interests. De Buck Gallery reserves the right to collect market research data in order to generate sales to corporate clients. However, market research data may be used at the aggregate level to:
(1) improve the likelihood of a sale to a group of De Buck Gallery members, (2) increase the likelihood that a group’s experience on De Buck Gallery is relevant to its interests as a whole, and (3) Formulate group-level statistical models that are used to accomplish goal (2) (above). De Buck Gallery’s market research may be collected through general use of the site.
INFORMATION LOGGED BY DE BUCK GALLERY
When you surf the Internet, your browser automatically transmits information to the sites you visit throughout every visit. Examples of such information include referral data (URL of the web page you were on before coming to De Buck Gallery), IP address and your browser version. We collect this information to help improve our services and moderate the site. All the information that is automatically submitted by your browser is considered anonymous. De Buck Gallery also logs information you submit through registration, forms for optional programs, surveys and other entries, cookie data and communications transmitted through De Buck Gallery applications. Only authorized De Buck Gallery staff has access to your information in its entirety. Other employees may have access to bits and pieces of this information if it pertains to their job duties.
WHAT IS DE BUCK GALLERY’S INFORMATION RETENTION POLICY?
DE BUCK GALLERY SECURITY OF COLLECTED INFORMATION
Your De Buck Gallery Profile is password-protected so that only you and authorized De Buck Gallery employees have access to your account information. In order to maintain this protection, do not give your password to anyone. If someone who says they are De Buck Gallery staff asks for any personal account information, including your password, contact info@DeBuckgallery.com to confirm this as it is highly unlikely after the initial sign-up period. Also, if you share a computer, you should sign out of your De Buck Gallery account and close the browser window before someone else logs on. This will protect your information on public terminals.
WITH WHOM DOES DE BUCK GALLERY SHARE INFORMATION?
When you submit information to De Buck Gallery, it is generally collected, processed and maintained solely by us. Sometimes we may allow partner companies to collect information about members from us or directly from you (through their web site). When De Buck Gallery is the source, it is usually so that we can provide a service with a partner. We choose to work with upstanding companies that will treat your information responsibly. But, since we don’t own these companies, we can’t speak for them on privacy issues. Before telling them about yourself, check out their privacy statements. If you are not satisfied with their information practices, you can choose to not use their service.
Below is a summary of some of the situations in which De Buck Gallery might share information:
Some of our services are offered in conjunction with partner companies. In order to provide these services, De Buck Gallery may choose to share some of your user data (e.g., including, but not limited to, user name and email address).
Some De Buck Gallery content is “sponsored by” or “presented by” other companies. De Buck Gallery typically shares market research data collected on the site or via email surveys with these partners. This information is typically aggregate and not linked to specific users.
Finally, De Buck Gallery reserves the right to disclose user information from both private and public areas of the site at our discretion to anyone or no one at all, if required by law or if given reason to believe, at our sole discretion, that someone is causing injury to or interference with the rights of De Buck Gallery members or the general public, or with De Buck Gallery’s rights of property. Please be advised, however, that all information submitted by you to De Buck Gallery becomes the property of De Buck Gallery. By submitting this information, you do hereby agree to allow De Buck Gallery to use such information at its sole discretion pursuant to the terms of the User Agreement.
Specifically, we may also share certain information about you with those of our vendors who are responsible for handling your account or performing other necessary services that you require. Although we may share sensitive financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors where necessary and appropriate, we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation or arbitration proceedings directly relating to the services we provide.
DE BUCK GALLERY’S OPT-IN/OUT POLICY
During registration you agree to receive correspondence from either De Buck Gallery or its partners. This information remains on your profile where you can, at any point, easily edit it to indicate that you have changed your mind. Simply email us at info@DeBuckgallery.com. If you purchase anything through De Buck Gallery , we may occasionally contact you with information about special events, sales, and activities. You always have the option to ask De Buck Gallery not to contact you with this information again. If you receive unsolicited email from, or apparently from, the De Buck Gallery domain, please contact us at info@DeBuckgallery.com.
HOW CAN DE BUCK GALLERY MEMBERS EDIT THEIR INFORMATION?
De Buck Gallery believes in giving you the ability to access and edit your personal information. Mailing list preferences can be edited from the navigation bar. There you can view, update and correct your account information. You may edit your profile at any time — all you need is your user name and password. Any changes/requests for further information should be directed to info@DeBuckgallery.com.
So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter. For example, since children under 18 are not allowed to register as De Buck Gallery members, we need to take reasonable measures to preserve the accuracy of our members’ ages. Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remain in our databases and become the property of De Buck Gallery upon submission. Keep this in mind if you decide to communicate personal information through any of these applications.
DE BUCK GALLERY AND THE PROTECTION OF CHILDREN’S PRIVACY
De Buck Gallery is intended for people 18 or over. Our registration process is intentionally designed to identify children under 18 years of age. We have also made an effort to specifically limit De Buck Gallery to appeal to people of age 18 and older. De Buck Gallery will not knowingly collect any information from children under 18.
If it comes to our attention that a member has revealed, on De Buck Gallery, that they are under 18, a member of De Buck Gallery’s staff will immediately close their account.
Note to parents:
If your child is under 18 and has become a De Buck Gallery member using a false age, please notify us at info@DeBuckgallery.com so that we can immediately close the account and nullify all personally identifiable information collected from them. If your child is under the age of 18 and you would like to know more about our site, information practices, stored information on your child, or how to close your child’s account, contact De Buck Gallery ’s staff at info@DeBuckgallery.com. In both instances, you will need to provide your full name, address, phone number, e-mail address and your child’s user name.
NOTIFICATION OF CHANGES:
De Buck Gallery and its officers, directors, shareholders, employees, agents, assigns subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Website Material, links, advertisements or other items contained within the Website. De Buck Gallery reserves the right to immediately remove any User Content or Website Material for any reason or for no reason. De Buck Gallery cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Website Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion.
THE WEBSITE, THE WEBSITE MATERIALS, USER CONENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. DE BUCK GALLERY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WEBSITE, THE WEBSITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. 11. LIABILITY. DE BUCK GALLERY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DE BUCK GALLERY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF DE BUCK GALLERY AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITE, THE WEBSITE MATERIALS OR USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE WEBSITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF DE BUCK GALLERY AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
If you are dissatisfied with the Website, or with any of these Terms, or feel De Buck Gallery has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.
You shall indemnify De Buck Gallery and its members, shareholders managers, directors, officers, employees, agents, contractors and licensors (“De Buck Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Website Materials, User Materials, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to De Buck Gallery), or any breach by you of these Terms and shall indemnify and hold De Buck Gallery Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or incurred in connection with such Claims.
For notice of any violation, breach or claim arising out of the use of this Website, please send to De Buck Gallery at info@DeBuckgallery.com, a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
CHANGES TO THESE TERMS
De Buck Gallery reserves the right at any time to modify, alter or update these Terms. Your use of the Website following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Website before the change was made. De Buck Gallery reserves the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing De Buck Gallery with untrue or inaccurate information about yourself, for infringement upon De Buck Gallery’s proprietary rights, or for any other reason whatsoever or for no reason.
GOVERNING LAW AND JURISDICTION
By accessing this Website, you agree, and supersede any and all prior agreements, express and implied between you and De Buck, that you consent to the express jurisdiction of the Courts of the State of New York, County of New York. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties under this Agreement shall be governed by the internal laws of the State of New York, without regard to conflicts of law rules. The parties hereto agree that the state and federal courts sitting in the State of New York and County of New York shall be the proper forums for any legal controversy arising out of or in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes and to venue therein.
WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
The invalidity or unenforceability of any provision or provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision(s) of the Terms and Conditions, which shall remain in full force and effect.
The Website is not intended for children under the age of 18. The Website is controlled and operated from within the United States. Without limiting anything else, De Buck Gallery makes no representation that the Website, Website Materials, User Materials, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of De Buck Gallery to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”