1 - Identification of the seller Company name : LEDA ART GALLERY Head office : Rua de Lisboa 5, Lj 42 Post code : 2765-240 Town : Estoril Country : Portugal Phone : +351.969.017.956 Fax : +351.962.599.506 E-mail : general@leda-artgallery.com Web Site : www.leda-artgallery.com
2 - Scope and application These Terms and Conditions shall govern all sales of goods presented on the Site and made by Leda Art Gallery (LEDA) with its customers, as well as future sales between the same parties (even if not expressly agreed upon at the time of such future sales).
Any derogation to these Terms and Conditions has, to be valid, to be specially agreed upon by LEDA in writing in each case. The application of the purchase conditions of the customer is expressly excluded.
Sales of goods and offers are reserved to private individuals who are at least 18 years old
3 - Offer and Contract We guarantee the authentity of all goods as advertised on our web site and confirmation emails. Our offers are not binding and subject to confirmation by LEDA in writing, by email or by fax.. Goods are delivered within a period of 30 days from receipt or clearance of payment.. Our employees are not authorised to make any oral agreements or give oral confirmations going beyond the contents of the written contract.
4 - Prices Prices are shown in Euros. Prices may be indicated in foreign currencies at the request of the customer for information purposes only.
Unless indicated otherwise, prices in our offers are binding for a period of thirty (30) days following the date of the offer.
Prices in our offers include VAT applicable on the date of the order, it being understood that any change in the rate of VAT prior to delivery may be reflected in the prices as soon as applicable. Handling fees, packaging and other expenses for the preservation of the goods, shipping fees and setup are included.
5 - Payments Payments can be made through PAYPAL ( www.paypal.com ) by major credit cards, by international money transfer order. Orders validated by the customer are considered effective only after clearance of the payment through the PAYPAL system. Rejection of any payment by the PAYPAL system will cause the automatic cancellation of the order and the customer will be notified accordingly by email.
6 - Delivery a) Dates and periods of delivery must be agreed in writing by email or by fax.
b) LEDA shall not be responsible for delays in delivery and performance that are due to events of force majeure or events beyond its reasonable control or that of its subcontractors (including, in particular, strikes, lock-outs, governmental orders, shortage in energy or transportation, etc.).
In such a case, LEDA shall be entitled to either (i) postpone the delivery and performance by a period corresponding to that of the event of force majeure increased with a reasonable restarting time, or (ii) terminate the sale and reimburse the customer for any payment received, as LEDA may, in its sole discretion, deem appropriate.
7 - Withdrawal and return The customer may return goods purchased on the website to LEDA within a period of 7 (seven) days after delivery.
In such a case, the customer may ask for either (i) a refund of the price paid to LEDA, less shipping costs, or (ii) the exchange of the piece of artwork and a credit of the corresponding amount for any new goods purchased.
Any goods returned must be delivered to LEDA in their original packaging and in their original condition, to the following address:
Rua de Lisboa 5, Lj 42 2765-240 Estoril Portugal
Refunds will be made within thirty (30)days of receipt of the returned goods.
8 - Transfer of risks Risks pertaining to the goods are transferred to the customer upon the handing over of the goods to the carrier or transportation company or agency or the moment the goods have left our warehouse or premises for delivery. In the event that the delivery is delayed upon the customer's request, the risks shall pass to the customer as soon as the latter has been informed that the goods are ready for delivery.
9 - Warranty Claims for defective goods must, to be valid, be filed immediately upon examination of the goods at the time of delivery and at the latest within forty-eight (48) hours from the delivery, failing which the customer shall be foreclosed. LEDA's liability for damages is limited to the price of the goods and LEDA shall not be liable for any indirect, consequential or punitive damages, which are expressly excluded.
11 - Data security All data submitted by customers may be stored in machine-readable form. LEDA shall have the right to keep these data in stored form even after the consummation of the sale. LEDA will not sell such data to any third party without prior consent of the customer.
13 - Partial invalidity The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity and enforceability of the other terms and conditions or the sales to which these Terms and Conditions relate.
14 - Amendment LEDA reserves the right to amend these Terms and Conditions at any time. Amendments shall in any event be deemed to have been accepted within fifteen (15) days from their notification to the customer, unless the Customer opposes the same, in which case LEDA shall have the right to terminate any sales in progress or other contractual relations with the customer.
15 - Governing law All sales of goods by LEDA are governed by the laws of Portugal, to the exclusion of (i) any international treaty or convention on the sale of goods and (ii) Portugal rules of international private law or conflict of laws.
16 - Jurisdiction All disputes relating to the interpretation, existence and sale of LEDA artwork shall be submitted to the exclusive jurisdiction of the courts of Portugal, without prejudice to the goods right of LEDA to institute proceedings before the courts having jurisdiction over the place of residence of the customer.
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