TERMS AND CONDITIONS

 

Thank you for visiting lilacgallerynyc.com website and/or our physical address (“Site”) operated by Lilac Gallery Ltd. (“Lilac Gallery” “we,” “our” or “us”). Please read these Terms of Use, which include our Privacy Policy (collectively, “Terms”) carefully because by visiting our Site, you agree to be legally bound by and comply with our Terms. If you do not agree, please do not use or visit the Site. We reserve the right to revise these Terms from time to time, and if you continue to use the Site after we post revisions, you agree to the revised terms.

  1. Acceptance of Terms and Conditions and Privacy Policy.
    Lilac Gallery provides you with access to and use of the Site subject to your compliance with these Terms and the Site’s privacy policy, available here with links at the bottom of our website. Your use of the Site constitutes your express agreement to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not access, use, or visit the Site. We may modify these Terms and Conditions from time to time without notice to you. The provisions contained herein supersede all prior notices or statements regarding our Terms with respect to this Site. We encourage you to check the Site frequently to see the current Terms and Conditions in effect and any changes that may have been made. By using the Site following any modifications to the Terms and Conditions you agree to be bound by the modifications. Any inquiries concerning these Terms should be directed to us at the email address below.

  2. Operation of the Site and the Role of Lilac Gallery.
    The Site provides an online and physical art gallery to offer to sell goods (“Items”) to a Buyer ("Client"). The sale is directly between Lilac Gallery and the Client.

  3. Relationship of the Parties.
    Lilac Gallery is responsible for accurately describing the Items it is offering to sell and for delivering the Item(s) to the Client in accordance with the arrangements made between Client and Lilac Gallery, including the transfer of title and payment of any applicable sales tax or VAT or import/export duty to the appropriate authority. The Client is responsible for determining the value, condition and authenticity of the Item(s) being purchased, to pay the purchase price to Lilac Gallery including any applicable sales tax, VAT or import/export duties, and to arrange for shipping of the Item(s) purchased. The agreements between the Client and the Seller shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  4. Eligibility to Use the Site and Site Use Termination.
    You must be 18 years of age or older to use this Site. This Site is not directed at children under the age of 13 and does not knowingly collect information from such individuals. The Site is designed for persons with experience with, and who are accustomed to, buying Item(s) based on photographs and the Client represents having such experience. Lilac Gallery expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, at the sole discretion of Lilac Gallery, for any reason or no reason at all, and without prior notice.

  5. Item description, pricing and availability; Site unavailability.
    Lilac Gallery is responsible for the accuracy in describing and pricing the Items on the Site. The Client relies on such information, however, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. Lilac Gallery has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description. Because most of the Items displayed on the Site are unique and are offered as well in our Online 1stdibs Storefront and social media, that also have an independent retail opportunity for the sale of the Item, all Items displayed on the Site are offered for sale strictly subject to availability. The Client is aware that unless otherwise stated, the Items are not new nor in perfect condition and may require touch-up or repairs prior to use and that the available information about these Items may be limited. The Site is designed to provide the Client access to Items as the present them. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Lilac Gallery be held liable for any damages due to such interruptions or lack of availability.

  6. Copyright and Permissions.
    All content of this website is copyrighted either by Lilac Gallery or by the Artist who have granted permission for their materials to be included on this site. The content of this site is available solely for personal, education, noncommercial use only, or for fair use as defined in the United States copyright laws. All other use without explicit permission is strictly prohibited. Users must abide by all copyright notices and restrictions and include all copyright, trademark, credit, author and source of the content as they would material from any printed work, and the citations should include the URL www.lilacgallerynyc.com. The Lilac Gallery expressly prohibits the use, downloading, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of the Protected Content, except for the limited purposes described above.

  7. Trademarks.
    Lilac Gallery name, trademarks, service marks, logos, and other indicia of source are owned by Lilac Gallery Ltd. (“Our Trademarks”). You may not use Our Trademarks: (i) in connection with any product or service that does not belong to us; (ii) in any manner that is likely to cause confusion among the public about the source of any goods or services or confusion about whether we are affiliated with, sponsor, or endorse any goods or services; or (iii) in any manner that disparages or discredits us. Our Site may also display the trademarks of third-party sponsors, supporters, and partners. You may use these third-party trademarks only with the prior permission of the owner of the trademark.

  8. Links, Frames, and Metatags.
    You may link to our Site as long as the link does not cast us in a false or misleading light.  You may not frame the content of our Site or use "metatags" or any other “hidden text” that incorporates Our Trademarks without our written consent.

  9. Links to Other Websites.
    Our Site may contain links to other websites that we think may be of interest to you. We have no control over these sites or their content. Be sure to read the privacy policies and terms of use that govern use of third-party sites.

  10. Disclaimers.
    THE SERVICES AND CONTENT AVAILABLE THROUGH OUR SITE ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY SERVICES OR CONTENT AVAILABLE THROUGH OUR SITE (OR THROUGH LINKS TO THIRD-PARTY WEBSITES), INCLUDING THAT OUR SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE, SERVICES, AND CONTENT. IF YOU RELY ON OUR SITE, SERVICES OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK

    TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE, SERVICES, AND CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

    ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE, SERVICES OR CONTENT WILL BE FREE FROM SUCH ELEMENTS AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

  11. Limitation of Liability.
    YUNDER NO CIRCUMSTANCES WILL LILAC GALLERY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE, SERVICES, OR CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THE AGGREGATE LIABILITY OF LILAC GALLERY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR YOUR BREACH OF THESE TERMS, INCLUDING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE, SERVICES OR CONTENT FOR DAMAGES OF ANY NATURE IS $US100. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  12. Indemnification.
    You agree to indemnify and hold Lilac Gallery and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that any of the indemnified parties may incur arising out of your use of our Site, services or content or your violation of these Terms. Lilac Gallery reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

  13. Termination.
    We reserve the right to terminate these Terms and Conditions, our Site, and any services or content offered through our Site at any time without notice for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General Information” sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

  14. General Information.
    These Terms and Conditions, which includes the Privacy Policy, are the complete agreement between you and Lilac Gallery regarding your use of our Site, supersede all other agreements (oral or written) between you and Lilac Gallery, and are governed by and should be construed according to the laws of the State of New York applicable to agreements made and completely performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. You irrevocably agree to: (i) bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York; (ii) submit to the exclusive jurisdiction of those courts; and (iii) waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without Lilac Gallery prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that reflects the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law (unless doing so would deprive either party of a material benefit of these Terms). The failure of a party to assert any right under these Terms will not be considered a waiver of that party’s right. The word “including” in these Terms is intended to be illustrative and means “including without being limited to.”

  15. Contact us.
    This Terms and Conditions were last updates on February 19, 2018 and to contact us with any questions or concerns in connection please write to us at  Lilac Gallery Ltd. 144 5th Avenue Suite 3L New York, NY 10011 or email to info@lilacgallerynyc.com.