1. Purpose and enforceability: The purpose of the PETE ROSS ART website is to present Artworks by Pete Ross (hereinafter the “Artist”) to the users of the site (hereinafter the “Buyer”), and to give them the opportunity to discover and buy them online directly from the Artist. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship. The sales made through the Site are contracted directly between the Buyer and the Artist.

 

2. Acceptance: The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Artist and the Buyer.

 

3. Order: The Artworks are offered for sale on the website, subject to their availability. Each of the Artworks offered includes a online description containing information about its substrate, its dimensions, and type. To order an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her cart and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and he/she can correct any potential mistakes in the items inserted, as well as read about the delivery costs (if there are any). If the Artwork is no longer available, an email informing the Buyer will be sent within 48 hours, cancelling the order.

 

4. Sales prices and terms of payment: The Artworks sale price listed on the Site is in Hong Kong Dollars, as are the delivery and packaging fees if applicable. The different methods of delivery and related costs are shown in the order summary. The delivery and packaging costs may vary depending upon the location of the destination. For international shipping a delivery fee will be added which may vary depending on the location of the destination and current courier prices. The delivery fee does not include insurance on the package if the buyer wishes to insure the piece through its courier service for while it is in transit. For international shipping the delivery fee does not include any tax or duties and the buyer should familiarise themselves with their local tax and duties on imported art and art prints. The payment of the artwork price by the Buyer to the Artist is made via the payment services available on the Site. Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on the website.

 

5. Delivery of the artworks: The delivery of the Artworks is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the carrier chosen upon ordering. The Buyer must inform him/herself about the procedures and delivery schedules implemented by the various delivery services providers. Obligations regarding the delivery of the order, meaning respecting the given schedules, the quality of the packaging for the artwork, as well as the conformity of the later are the sole responsibility of the Buyer, the Artist shall in no case be held liable for failure to comply by the Buyer, who is entitled to submit a complaint against the delivery service provider. The Buyer must, as soon as he or she receives the order, check the condition of the artwork, and mention any reservation immediately and in writing including photos, at the latest within 48 hours, to the Artist, who will transfer to the delivery service provider.

 

6. Statutory guarantees: The Artist commits to respect and implement the statutory guarantees of the Buyer, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.

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7. Force majeure: In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the Hong Kong courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.

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8. Intellectual Property: The Artist guarantees that the artist is the author of the ceded Artwork and that the latter does not violate any laws, regulations and standards in force, or affects the rights of third parties. The Artist commits to protect the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the Artist assigns to the Buyer the material substrate of the artwork and its representation rights, if any on the artwork. The artist however retains his/her moral right on the artwork as well as the rights regarding its reproduction.

 

9. Data protection: The Artist retains the Buyer’s personal data to ensure proper execution of these terms. The User has a right of access, modification, correction and deletion of his/her personal data processed via the site, and the right to object to the communication of such data to third parties on justified grounds by sending a request to the following address: pete-ross@hotmail.com. The Artist reserves the right to retain certain data in order to justify, when necessary, the perfect execution of their contractual or legal obligations. The stored data will be limited to what is strictly necessary for the operation of the service. The Artist is committed to take all necessary measures to best protect the confidentiality of the information provided by the Buyer.

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10. Applicable law: These general terms and conditions of sale are governed by Hong Kong law.

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11. Competent Jurisdiction: Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Hong Kong courts.