Terms & Conditions
CONTENTS
TERMS AND CONDITIONS OF USE
Welcome to the seedgallerynewyork.com website (the Website”). Seed Gallery (“Seed Gallery”, “we”, “us”, or “our”) provides the products and services available on the Website. The following terms and conditions of use govern your use of this Website. By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understood these terms, that you agree to them and intend to be legally bound by these terms and conditions which form a contract between you and us.
1. INFORMATIONAL PURPOSES ONLY
The information on this website is for informational purposes only unless otherwise specified. Without limiting anything else in these terms or otherwise, Seed Gallery is not responsible for any errors or omissions in the website or site materials. We endeavor to ensure that the availability of the website will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website or parts of it may occasionally be suspended or restricted to allow for repairs, updates, maintenance or the introduction of new facilities.
2. ELIGIBILITY
To be eligible to purchase products on this website and to lawfully enter into and form contracts on this website you must:
a: Be 18 years old or older (if you are below 18, you must get permission from your legal guardian)
b: Be the holder of a valid debit/credit card or otherwise have consent from the rightful (or legal) owner.
c: Agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use
d: Warrant that the personal information which you are required to provide when completing a purchase order is true, accurate and current in all respects.
3. PRIVACY
Any personal information that you provide to Seed Gallery on the website is subject to our privacy statement. Please review our privacy policy, which explains Seed Gallery’s use of information you provide via the website (including that provided as part of the exclusive guest list information and Seed Gallery’s monthly newsletter sign-up, so that you may understand our privacy practices.
5. COMMUNICATION
When you access or use the digital platform, provide your email address to a Seed Gallery representative, or send us emails, you are communicating with us electronically. In so doing, you consent to receive communication from Seed Gallery electronically. We will communicate with you via email or through posting notices on our digital platforms.
6. PRICES
All prices posted on our digital platforms are subject to change void of notice. Seed Gallery cannot offer guarantees against pricing errors and are not responsible for typographical or other pricing errors. If an error occurs, Seed Gallery will inform you using the information you provided when placing your order and you may either confirm your order (at the corrected product price) or cancel the order. Seed Gallery reserves the right to cancel any orders arising from a pricing error. Prices on all Seed Gallery digital platforms are shown in U.S. Dollars unless otherwise indicated. For international orders, duties and taxes may be included in the price depending on the destination country
7. PLACING AN ORDER
You place your order requests for products from the website by clicking on the confirm button at the end of the online process. You will be guided through our order and purchasing process by a series of simple instructions on the platform.
Once you have placed your order, we will send you an acknowledgement by email providing you with a customer order number.
However, this is not an order confirmation or order acceptance from Seed Gallery. Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and Seed Gallery will take place when you receive an email from Seed Gallery notifying you that we have dispatched the products that you have ordered.
Seed Gallery will also send you a separate email following the dispatch email which acts as an invoice and receipt. Our acceptance of your order will be deemed complete and received by you at the time and date of sending the email, at which time and date are specified in the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. (If required, a separate invoice can be provided upon request).
Upon our acceptance of your order, please allow 7-21 days (for delivery within the United States). If you require any information regarding your order(s) please email orders@seedgallerynewyork.com. With the exception of limited x-ray editions, Seed Gallery may not accept your order if:
a: A product you have ordered is out of stock
b: Seed Gallery identifies a product or pricing error
c: Seed Gallery is unable to obtain authorization for your payment
Please note: Seed Gallery reserves the right to reject any offer to purchase by you at any time. If we are unable to fulfill your order following our order acknowledgement, Seed Gallery will contact you by email or telephone advising you of this.
8. DESCRIPTIONS OF PRODUCTS AND ACCURACY OF INFORMATION
Seed Gallery takes all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the website are correct at the time when the information was entered into the system. Although we aim to keep the website as up-to-date as possible, the information including product descriptions, depictions and availability appearing on the website at a particular time may not always reflect the exact position at the moment when an order is placed. In particular, please note that the appearance of colours on-screen may not be a fully accurate representation as they appear on actual physical products.
To the extent permitted by applicable law, Seed Gallery does not warrant that product descriptions, depictions, colors, availability details or other content available on the platform are accurate, complete, reliable, current, or error-free. We cannot confirm the price or availability of a product until your order is accepted in accordance with Seed Gallery’s order acceptance policy set above.
10. PAYMENTS TO SEED GALLERY PLATFORM
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. In order to make a purchase, Seed Gallery may process payments through third-party service providers, which may post operating rules related to payment on their respective websites and change such rules from time to time. By placing an order, you authorize Seed Gallery and our third-party service providers to charge your selected payment method for all amounts presented to you in the checkout and purchase process. You represent and warrant that:
a: You are duly authorized to use such payment methods for the purchase(s)
b: Charges incurred by you will be honored by your credit or debit card company (if applicable)
c: The payment information - including any credit or debit card information - you supply to Seed Gallery is true, correct and complete
d: You will pay charges incurred by you at the posted prices, including all applicable taxes. If payment is not received by Seed Gallery from your credit card or debit card issuer or its agents, you agree to pay all amounts due promptly upon our request.
e: Third-party service providers Seed Gallery might use include Pay Pal, for example. To that end, please read Pay Pal’s privacy policy here.
12. ACCEPTANCE OF SHIPPED PRODUCTS
Upon receipt of the product(s), you must inspect them and you will be deemed to have accepted the product unless you notify Seed Gallery that the quality or components of the product(s) was compromised. If no such action is taken within 24 hours of receipt, Seed Gallery shall not be obliged to accept any rejection of the product(s) at a later date. If you have not received the entire order with all components as detailed in the order confirmation email sent to you when an order is received, please email us at orders@seedgallerynewyork.com.
13. CANCELLATIONS AND RETURNS
Please note that there are absolutely no refunds, returns or exchanges on all orders. However, should the quality of the product be compromised upon arrival, please email Seed Gallery immediately at orders@seedgallerynewyork.com.
14. COMPLAINTS AND COMPLIMENTS
If you wish to complain about any matter with respect to our products and services or provide feedback please email Seed Gallery at info@seedgallerynewyork.com.
15. SHIPPING AND TAXES
Any product(s) ordered through our digital platforms will be shipped to the destination specified in the order confirmation. Please note that Seed Gallery is not able to ship products to certain destinations. Please contact Seed Gallery to confirm whether we ship to your intended destination. Once an order confirmation is sent, Seed Gallery will arrange for the shipment of the ordered products to you through a third-party delivery service provider. When available, Seed Gallery will provide a shipment tracking number upon shipment of all or any part of your order.
Shipping and delivery dates and times are estimates only and cannot be guaranteed. Furthermore, we are not liable for any loss or damage caused by a delay in shipment. Title and risk of loss pass to you upon our transfer of the product(s) to the delivery service provider. Posted prices do not include taxes and, unless otherwise specified on the relevant product page, do not include charges for shipping and handling. Applicable taxes and combined shipping and handling charges will be added to your merchandise total. Applicable taxes and the shipping and handling charges will be stated in your shopping cart and in your order confirmation. International orders may be subject to additional local taxes, import duties, or other local requirements. Unless exempted by law, purchasers will be required to pay the combined New York State and local sales tax, any applicable sales tax of their home state, and any other applicable tax on the total purchase price. New York sales tax is charged on the posted price and any other applicable charges on a product that are picked up or delivered in the state of New York. Purchasers who wish to use their own shipper that is not considered a “common carrier” by the New York Department of Taxation and Finance will be charged New York sales tax on the entire order regardless of the destination of the product.
16. ACCEPTANCE OF DELIVERY
Any individual at the delivery address who accepts a delivery from the delivery service provider is presumed to be authorized to receive such delivery. In cases where you have designated an alternative receiver, such persons shall accept the delivery under all of the same Terms and Conditions that would apply had you accepted the delivery yourself.
17. SAMPLES
Any products, services and samples Seed Gallery may provide to you are for personal, non-commercial use only unless you are promoting, reviewing or showcasing them on social media platforms. You may not buy in bulk in order to resell any of the products or services or any samples that you receive from Seed Gallery. Note further that any samples which may be provided may not necessarily be fully representative of similar products.
18. PROPRIETARY RIGHTS
As between you and Seed Gallery, Seed Gallery owns or licenses all data, content, graphics, forms, logos, custom button icons, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other materials on, in or made available through this website, as well as the selection, coordination, arrangement, and organization and enhancement of the site material.
You agree to not remove or alter any copyright notice or any other proprietary notice on any site 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 the following;
a: research
b: criticism
c: scholarship
d: commentary
e: news reporting
f: teaching/preaching/mentoring
Unless otherwise noted, you may download or print text and image files from this website for such purposes without Seed Gallery’s written permission, provided that you comply with the following conditions:
a: You must cite the author and source of the content
b: You must comply with all other terms or restrictions which may be applicable to the individual file, image or text specified on the platform.
19. UNAUTHORIZED ACTIVITIES
You agree that you will not use the website for any of the following:
a: Modifying, adapting or hacking into the website
b: Contacting any other visitor of the website who has requested to not be contacted
c: Any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws)
d: Web impersonation, modifying another website so as to falsely imply that it is associated with Seed Gallery
e: Uploading, posting, hosting, or transmitting unsolicited emails, SMSs, “spam” messages, worms or viruses or any code of a destructive nature
f: attempting to gain unauthorized access to Seed Gallery’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the site or any services provided through the platform.
20. MATERIALS SUBMITTED TO THE SITE
The site 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 site (“user content”). Upon your submission of user content or other material or information to Seed Gallery, you grant Seed Gallery a worldwide, perpetual, non-terminable, irrevocable, transferable license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, 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 unless specified.
21. THIRD-PARTY WEBSITES AND CONTENT
The Seed Gallery platform contains links to other websites for the convenience of visitors in locating information, products, or services that may be of interest. However, Seed Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or the quality of products or services provided by or advertised on third-party sites 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 websites. Seed Gallery does not endorse any product, service, or treatment provided on a third-party website or advertised on that site.
22. DISCLAIMER
Seed Gallery is not responsible for and does not guarantee the accuracy or completeness of any user material, site material, links, advertisements or other items contained within the website, and associated digital platforms. Seed Gallery reserves the right to immediately remove any user material or website material for any reason.
Seed 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 material, the website or the products or services made available in connection with the website with or without notice at its sole discretion.
The website, the site materials, user materials 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 are made available “as is” and “with all faults.” Use of the website is entirely at your own risk.
Seed Gallery and its licensors make no representations or outcome guarantees with respect to material on the website, and associated digital platforms, the services and products, expressed or implied, communicated, arising from the course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties.
Images used on this platform are either original artworks by Nya' or from Seed Gallery photography, licensed stock photography, Creative Commons licensed photography as well as images available in the public domain. Audio output includes original compilations from Seed Gallery and licensed music. The material used for compiling the Seed Gallery Art History and Economics Glossary was collected upon consultation from variant sources such as experts and authorities in the relevant fields, art educational platforms, encyclopedias and a wide range of existing literature. For more information please contact info@seedgallerynewyork.com.
23. LIABILITY
Seed Gallery shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the website, the site 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 Seed 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 Seed Gallery and to you or any other person or entity in connection with, based upon, or arising from the website, and associated digital platforms, the site materials or user materials on, in, and made available through the site, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the site.
If you are dissatisfied with the website, or with any of these terms, or feel Seed Gallery has breached these terms, your sole and exclusive remedy is to discontinue using the website.
In addition to the foregoing, any material, data, text, images, video, audio, or software downloaded or otherwise obtained through our digital platforms are accessed, downloaded, or obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system, tablet, mobile device, or other property that results therefrom or from your use of such materials.
24. INDEMNIFICATION
You shall indemnify Seed Gallery and its members, managers, directors, officers, employees, agents, contractors and licensors (“Seed 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, fraud, violation of law, negligence, willful misconduct, or any other use of the website, the site materials, user materials, the services, products, information and other materials on, in and made available through the website, (except to the extent attributable to Seed Gallery), or any breach by you of these terms and shall indemnify and hold Seed gallery indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such claims.
You also agree to indemnify Seed Gallery for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that impress an unreasonable burden or load on our infrastructure.
25. COPYRIGHT INFRINGEMENT
Seed Gallery respects the intellectual property rights of others and requires that all who use our digital platforms do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or you believe that any content or postings on this site violate your intellectual property or other rights, please send to Seed Gallery at info@seedgallerynewyork.com a comprehensive detailed message setting forth the following information:
a: Your contact information, including your name, e-mail address, physical address, telephone number, and the name of your company, if any
b: A description of the copyrighted work and/or material that you claim has been infringed
c: A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
d: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
e: 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
f: 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.”
26. CHANGES TO THESE TERMS
Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other forms of joint enterprise between Seed Gallery and you. Seed Gallery reserves the right to change these terms and conditions at any time and we encourage you to revisit these terms and conditions periodically to ensure that you are always fully aware of our terms and conditions. Any changes are effective immediately upon publishing the website.
Your continued use of the website constitutes your agreement to all such terms and conditions.
Seed Gallery may, with or without prior notice, terminate or suspend any of the rights granted by these terms and conditions (including without limitation your use of any password provided to you) and/or your access to this website or any part thereof.
You shall comply immediately with any termination, suspension or other notice, including, as applicable, by ceasing all use of the website (including without limitation your use of any password provided to you). All liability of Seed Gallery (and its affiliates’, its partners’ or its licensors’ liability) as a result of such termination or suspension is hereby excluded to the fullest extent permissible by law.
Seed Gallery reserves the right to refuse to supply products to any person for any reason whatsoever, to withdraw any product from the website at any time and/or remove or edit any materials or content (including without limitation and content) on the website.
Seed Gallery will not be liable to you or any third party by reason of our withdrawing of any products from this website whether or not such products have been sold; removing or editing content (including without limitation any content) on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
27. THIRD-PARTY WEBSITES AND CONTENT
The Seed Gallery platform contains links to other websites for the convenience of visitors in locating information, products, or services that may be of interest. However, Seed Gallery does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or the quality of products or services provided by or advertised on third-party sites 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 websites. Seed Gallery does not endorse any product, service, or treatment provided on a third-party website or advertised on that site.
28. COMMUNICATION BETWEEN US
a: When Seed Gallery refers, in these Terms, to “in writing,” this will include email
b: If you wish to contact Seed Gallery in writing, or if any clause in these Terms and Conditions requires you to give us notice in writing, you can send this to us by email at info@seedgallerynewyork.com. Seed Gallery will confirm receipt of this by contacting you in writing, normally by email.
c: If Seed Gallery has to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you register on our digital platforms when you place an order or otherwise supply to us.
29. MISCELLANEOUS
The platform is not primarily intended for children under the age of eighteen (18). The website is controlled and operated from within the United States. Without limiting anything else, Seed Gallery makes no representation that the website, site materials, user materials, services, products, information or other materials available on, in, or through the website (and our affiliated digital platforms) are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.
Dated: November 30, 2022
Copyright © 2022 Seed Gallery; All rights reserved.
