Art Gallery

Terms & Conditions
Methods of Payment
Delivery
Delivery FAQs
Privacy

Terms & Conditions

Terms Used

'The seller' refers to Galeria La Poza.
'The buyer' refers to any legal entity purchasing from the seller.

General

Where the seller accepts the buyer's order these conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:

* Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
* Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
* Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

Delivery

* The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Where the seller accepts an order which provides for delivery by installments the seller shall be entitled to payment for each installment delivered (as if it were a separate contract) but failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any remaining installments.
* Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
* The seller will select the method of delivery and reserves the right to charge the cost of delivery to the buyer. Where the buyer requests another method of delivery and the seller agrees in writing then the buyer shall meet the cost of that delivery.

Damages or Loss in Transit

. Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
. Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
(a) Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received.
(b) Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly. (c) Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
. No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.

Return of Goods for Credit

. Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
(a) Requests to return goods must be submitted within 7 days from the date of supply and the original invoice number must be quoted.
(b) Where goods are accepted for credit they must be delivered at the buyer's expense into the seller's store from when they were purchased in original condition and packaging.
(c) The seller reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 20% of the invoice priced and levied at the seller's absolute discretion.

Seller's Liability and Maintenance Guarantee

* The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not.
* The buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods.
* In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. The seller shall not be liable for consequential or special damages under any circumstances. At the termination of the appropriate period all liability on the seller's part ceases.
* The warranty does not cover damage from misuse, accident, neglect or improper installation, modification or adjustment.
* The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

Property and Risk

* Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
* Ownership of all goods sold by the seller ("the goods") is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
* Until such payment is made the buyer shall be only a fiduciary owner of the goods and the buyer agrees to:
(a) Enable the goods to be readily identifiable as the property of the seller.
(b) Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
(c) On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
* Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:
(a) The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
(b) The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs, expenses, loss or damage ( including such to any third parties) in respect of the exercise or attempted exercise of the seller's remedies and,
(c) The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and,
(d) All moneys owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
(e) The value of such goods seized shall be assessed as the lesser of current market value of the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit above.

Errors or Ommissions

Clerical errors or omissions, whether in computation or otherwise in any quotation acknowledgements or invoice, shall be subject to correction.

Force Majeure

The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour disrepute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.

Compliance

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the goods.

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Methods of Payment

We accept payment by Credit Card and Wire Transfer

When we receive your online order from the Gallery Shopping Cart on this website, you will be provided with the necessary payment information.

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Delivery

Please contact us if you have any questions or concerns regarding delivery arrangements .

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Delivery FAQs

Where will you deliver to?
We deliver to addresses in Asia, Australia, Canada, Europe, Mexico and the USA.

When will my order arrive?
After receiving your order request and payment, we will ship your order immediately by DHL or an equivalent postal service. The time it takes for your order to arrive depends on the postal service used.

Which courier company do you use?
We use DHL or an equivalent postal service depending on the destination.

What happens if I'm out when the courier arrives?
This depends on the courier company making the delivery. Some companies will leave a card providing contact details so you can make arrangements for the package to be redelivered or picked up. Other companies may leave the item at the door.

Can you deliver to PO box?
We generally do not deliver to PO Boxes. Please contact us to discuss delivery arrangements.

What are your freight and import charges?
The cost for the insured shipment of the painting by dhl will be split between the seller and the buyer. Import fees are the buyer's responsibility.

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Privacy

Galeria La Poza has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.galerialapoza.com.

Our site's registration form requires users to give us contact information (like their name and email address). We use customer contact information from the registration form to send the user our electronic newsletter and other information about our company's products and services. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings; see the choice/opt-out section below.

We will not give or sell your Email address. The only exception to this is if we sell our email business. In that case, you will be given at least two weeks notice so that you can opt out before the sale.

This site contains links to other sites. www.galerialapoza.com, Libusche Wiesendanger and Galeria La Poza, is not responsible for the privacy practices or the content of such Web sites.
Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. If you directly Email us, we suggest that you send two Emails and break your credit card number in two. Send half the number in one Email and the other half plus the expiration date in the other Email.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, also for changing and modifying information previously provided or removing their information from our database to not receive future communications or to no longer receive our service, please contact Libusche Wiesendanger at Galeria La Poza through one of the following options.

1. Send Galeria La Poza an Email
2. Mail Galeria La Poza at: A.P. 10, Colonia La Poza, Todos Santos, B.C.S. 23305 México
3. Call Galeria La Poza at : (011) 52 . 612 . 145 . 0400
4. Fax Galeria La Poza at : (011) 52 . 612 . 145 . 0461

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