Terms & Conditions

 (USER AGREEMENT)

Benarto Online Art Gallery, operates an ecommerce platform, provided by Shopify Inc., to sell artworks and related products, including those for promotional reasons, at benarto.com.

Benarto Online Art Gallery acts as commission agent for entities and individuals that offer original artwork for sale.

Benarto Online Art Gallery’s website offers you content (texts, images, graphics, logos, photos and other products) and also tools and services, conditioned upon your acceptance of all terms, conditions, policies and notices stated in the present User Agreement. If you have any queries regarding present User Agreement please email us at support@benarto.com.

Benarto Online Art Gallery reserves the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to its website. It is your responsibility to check this page periodically for changes. Your access to the Benarto

Benarto Online Art Gallery’s website following the posting of any changes constitutes acceptance of those changes.

These Terms and Conditions apply to all users of Benarto Online Art Gallery’s website. Benarto Online Art Gallery can refuse service to anyone for any reason at any time.

If you do not agree to these Terms and Conditions then do not use Benarto Online Art Gallery’s website.

 

1. DATA PROTECTION

1.1 The customer has been fully informed by Benarto Online Art Gallery about the nature, scope, place and purpose of the collection, processing and use of the personal data required for fulfilling an order (see Privacy Policy). The customer expressly agrees to such collection, processing and use of personal data.

1.2 The provisions of the Privacy Policy, in addition to the present User Agreement, shall apply to all of our transactions.

 

2. USE OF THE WEBSITE

2.1 By accessing Benarto Online Art Gallery’s website or registering with it you will be deemed to have accepted this User Agreement regarding Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using this website.

2.2 By buying any products through Benarto Online Art Gallery’s website you accept These Terms and Conditions.

2.3 By placing an order for products through Benarto Online Art Gallery’s website as an individual, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

2.4 By placing an order for products through the Site as a business entity, you warrant and represent that you have the authority to legally bind that entity.

2.5 You warrant that all data provided by you on the Site is honest, truthful and accurate.

2.6 These terms shall remain in effect after you cease to use Benarto Online Art Gallery’s Website and/or termination of the User Agreement.

2.7 We may at our choice terminate or restrict your access to Benarto Online Art Gallery’s website or some or all of the services without prior notice to you in the following circumstances:

(a) when we consider, in our sole discretion, that you are abusing Benarto Online Art Gallery’s website, its services or other members or users or when you are acting in breach of the User Agreement;

(b) when there is a regulatory or statutory change limiting the ability to provide access to Benarto Online Art Gallery’s website or its services; or

(c) when there is an event beyond our reasonable control preventing us from providing access to Benarto Online Art Gallery’s website or its services.

2.8 We will not be liable or responsible for any delay or failure to perform our obligations under the User Agreement that is caused by events outside of our reasonable control.

 

3. PLACING AN ORDER

3.1 When the cart option is activated you can place an order to purchase a product from Benarto Online Art Gallery’s website, at the checkout you will need to agree to our Terms & Conditions. Please check our policy before purchasing any item especially regarding placing an order, delivery, and returns and cancellations.

3.2 After checkout, we will send you an email confirming receipt of your order and containing the details of your order. This order acknowledgement email is not an acceptance of the order by us and does not guarantee the fulfilment of the order.

3.3 If there are any problems or difficulties with your order at this stage, a member of the team will contact you to explain the issue and seek a resolution.

3.4 All goods are supplied subject to availability.

3.5 No contract of sale of any product will exist between you and us until the product(s) ordered have been dispatched. We will send a confirmation email when the products have left us. This confirmation email will constitute an acceptance by us of your offer to buy the products listed.

3.6 We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in cases of errors or inaccuracies regarding the information appearing on our website or in the order.

3.7 Payments to Benarto Online Art Gallery shall be made in British pounds. If payments are made in a foreign currency, any exchange loss shall be borne by the customer.

 

4. ACCURACY OF INFORMATION

4.1 Benarto Online Art Gallery seeks to ensure that all information on its website, including prices, is accurate. However, errors, discrepancies and changes in currencies exchange rates can occur. If we discover any errors in the price of products, we will notify you as soon as possible and give you the option to resubmit your order at the correct price or to cancel the order. If we are unsuccessful in contacting you then we will consider the order cancelled and you will receive a full refund.

 

5. LIABILITY & INDEMNITY

5.1 Although we will make reasonable endeavours to verify the accuracy of any information on the site we make no warranties, whether express or implied, in relation to its accuracy. Benarto Online Art Gallery website is provided on an 'as is' and 'as available' basis and we make no representation or warranty of any kind, expressed or implied, regarding the contents or continued availability of our website or that it will be timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information on our website.

5.2 We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be entirely accurate.

5.3 We do not warrant either that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

5.4 In case of wrong deliveries and obvious defects, the customer has to give notice to Benarto Online Art Gallery of these errors or defects within two days of delivery of the articles.

 

6. INTELLECTUAL PROPERTY

6.1 Benarto Online Art Gallery reserves copyright and intellectual property rights for its entire website content, excluding Shopify Inc. ecommerce platform and theme design.

6.2 Personal permission is granted to our registrants to refer on social media to Benarto Online Art Gallery products for the sole purpose of facilitating the purchase of those products from Benarto Online Art Gallery’s website.

6.3 Any other use of content from Benarto Online Art Gallery’s website, including reproduction for purposes other than those noted above, modification, distribution, or republication for commercial use or otherwise without the prior written permission of Benarto Online Art Gallery, is strictly prohibited.

6.4 All information about the authorship, technique or signature of the work of art shall be deemed to be part of the specification agreed with the customer, as long as this information is given in good faith and to the best knowledge of Benarto Online Art Gallery at the time of the sale. Specifications other than authorship, technique or signature of the work of art are not contractually agreed upon.

 

7. LINKS

7.1 You may link to our home page, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with the User Agreement. Links to or from any other parts of Benarto Online Art Gallery’s website are not permitted without our prior written consent.

 7.2 You must not:

(a) establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us without our prior written approval;

(b) establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or

(c) take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of Benarto Online Art Gallery’s website or the Services as seen by Users linking to Benarto Online Art Gallery’s website to be different from that seen by Users who access our website by hand-entering the applicable URL into a generally commercially available non-customised browser. Without limitation to the foregoing, you must not frame any part of the Services on any other website.

7.3 If you wish to make any use of content on Benarto Online Art Gallery’s website or if you wish to establish links other than as set out above, please address your request to benartob@gmail.com.

7.4 We reserve the right to withdraw linking permission without notice at our sole discretion.

7.5 Where Benarto Online Art Gallery’s website contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7.6 You should also be aware that the User Agreement does not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data-gathering practices, of any third party sites to which you navigate from Benarto Online Art Gallery’s website or relating to any resources or applications you use or install from third party sites.

7.7 These terms shall remain in effect after you cease to use Benarto Online Art Gallery’s website and/or after termination of the User Agreement.

 

8. USER FEEDBACK

8.1 If, at our request or without it, you send us comments or feedback, you agree that we may use it at any time, in any form and without any restriction.

 

9. YOUR CONCERNS,COMPLAINTS AND NOTICES 

9.1 If you have any concerns about Content that appears on the Benarto Online Art Gallery’s website, or complaints about or relating to the website, the Services, or the products, please contact fineartmoldova@gmail.com.

9.2 When using Benarto Online Art Gallery’s website you accept that any communications with us will be mainly electronic and you agree that such electronic communications will satisfy any legal requirement that such communications be in writing.

 

10. ENTIRE AGREEMENT 

10.1 These Terms, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Benarto Online Art Gallery as to your use of the Benarto Online Art Gallery’s website, superseding all prior or contemporaneous communications and/or proposals. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

 

11. CONTACT

The Benarto Online Art Gallery

support@benarto.com