Acceptance Terms&Conditions
The current version of the TOS can always be found at:
www.galleryxchange.com/terms_and_conditions.php. By using galleryXchange, LLC, you agree, without limitation or qualification, to be bound by, and to comply with,
these Terms of Service. These Terms & Conditions come into effect when registering on galleryXchange.com. By checking the “I Accept“ button you agree to be bound
by these Terms & Conditions.
Your Registration Obligations
Registration as a seller/buyer is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available
to persons under the age of 18. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this
Agreement.
In consideration of your use of galleryXchange, LLC, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the
galleryXchange, LLC registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or galleryXchange, LLC has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete, galleryXchange, LLC has the right to suspend or terminate your account
and refuse any and all current or future use of galleryXchange, LLC (or any portion thereof).
You must use every effort to keep your password secure and should not disclose it to any other person. You shall not transfer or sell your username to any other
person. You shall also not permit any other person to utilize your username or password.
We reserve the right to delete accounts that have not completed the registration process.
Listing and Selling
Registered members of galleryXchange.com can create their personal shop on galleryXchange.com. All items and offers of a member will be listed in this shop.
Sellers are solely responsible for all items listed in their shop and for the compliance with legal regulations.
Setting up a store at galleryXchange.com is free of charge. We charge fees for listing items for sale through galleryXchange.com. Our fees are described in our
Fees Policy which forms part of this Agreement.
You can choose your own store name. Your Store Name shall not infringe on any third party’s rights. In such case galleryXchange reserves the right to alter the
name or to delete the shop.
Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed
when a member complies with the conditions specified in the offer and clicks the “Buy” button in the shopping basket.
All sales are binding. If you, as a seller, receive a purchase order you are obligated to complete the transaction with the buyer in a prompt manner, unless
there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing, or (b) you cannot authenticate the buyer's identity.
You are responsible for ensuring that you have the right to use all content on your listing and that galleryXchange has the right to host it on our servers.
All content may only refer to the offer listed and may not advertise goods not listed on galleryXchange.com.
All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must
be complete.
As a store owner offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law
and to detail legal disclaimer rights if required by law.
GalleryXchange reserves the right to delete an item if it infringes these Terms & Conditions or the rules of galleryXchange.com.
Termination and Cancellation
We may take the following actions without notice to you if you breach these Terms&Conditions.
- Remove and delete any of your item listings provided by you at galleryXchange.com.
- issue a warning
- limit your use on galleryXchange.com.
- refuse to provide our services to you
GalleryXchange reserves the right to deny your registration and deny services to you without notice, if
- The feedback you received contains extensive negative ratings.
- You provide false contact information, for example: invalid email, mailing address, paypal account.
- You transfer your account to a third party
- If you abuse any of the services at galleryXchange.com
GalleryXchange reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days.
Terminated members are not permitted to use galleryXchange.com or to create a new member account.
You can cancel your account by filling out a support ticket asking us to delete your account.
Buying
A buyer is obligated to complete the transaction of an item on galleryxchange in any shop within three (3) days. By purchasing an item you agree to be bound by the
conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.
Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a
clear typographical error is made, or you cannot authenticate the seller's identity.
A seller must abide by all of galleryxchange's policies and the seller's own individual shop policies and sell the item as described. Likewise, a seller must abide by
the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
Billing and Fees
Each galleryxchange seller is responsible for paying the galleryxchange fees incurred. Each seller can view their Account Balance in their member controls. A seller
must pay the amount due in full at the given date each month. If a seller's account is not paid in full, penalties, such as the suspension of privileges, will be
enforced. If you have a question, fill out a billing ticket under Contact Us.
GalleryXchange charges $.50 for listing items on galleryXchange.com. If a purchase is made on galleryXchange.com, galleryXchange charges 3.5% sales commission to the
seller.
We may change this policy at any time. We may choose to temporarily change our Fees and the fees for our services for promotional events (for example, free listing
days). We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective
at the launch of the service. An email will be issued to all members for any Fee changes ahead of time.
You may pay your outstanding balance at any time, or pay a portion at any time. In order to keep your account activated you are required to pay your balance every
30 days, notifications of your outstanding balance will be sent to your email. If you do not pay within 5days of the due date, your account will be suspended until
your balance has been paid and service charges will apply.
Buyer & Seller Reviews
The galleryXchange feedback rating system shall help users to evaluate the person with whom they are dealing, avoid fraud and guarantee quality. The feedback systems
consists of comments and ratings left by the seller and the buyer after a sales contract has been established between the two parties.
Members are obligated to give their feedback in an explicitly true, faithful and objective manner and to give feedback only about details related to the respective
purchase. Feedback shall be based upon facts and needs to be in accordance with legal regulations.
It is not permitted to give feedback about oneself or arrange for third parties to give feedback. GalleryXchange reserves the right to delete feedback and ratings in
the case that these infringe our Terms & Conditions.
General Terms
All activities of members while using galleryXchange.com or any service provided by galleryXchange shall be in accordance with legal regulations. Content provided by
members on galleryXchange.com shall not infringe legal regulations or these Terms & Conditions.
Your information and your activities must not:
- You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other galleryxchange users.
- You may not use the galleryxchange service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and
acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, that you submit, post and display on
the galleryxchange service.
- You must not modify, adapt or hack galleryxchange.com or modify another website so as to falsely imply that it is associated with galleryxchange
- You must not create or submit unwanted email or private messages ("PM's") to any galleryxchange members.
- You must not transmit any viruses or any code of a destructive nature.
- You must not, in the use of galleryxchange, violate any laws in your jurisdiction.
Privacy
- GalleryXchange will not sell or disclose your name or e-mail address to third parties without your explicit consent, except as specified in this privacy policy.
- GalleryXchange collects personal information when you register to use galleryXchange services or to post content on galleryXchange. At registration you are asked
for your email address and certain other optional information.
- If you would like to obtain a Seller account, galleryXchange will ask for your mailing address and paypal email.
- GalleryXchange uses information for the following general purposes: products and services provisioning, billing, identification and authentication, services
improvement, and contact. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in galleryXchange's
user registration databases when you register with galleryXchange. IP addresses may be used for various research purposes including violations of the site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF GALLERYXCHANGE IS AT YOUR SOLE RISK. GALLERYXCHANGE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GALLERYXCHANGE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
- GALLERYXCHANGE MAKES NO WARRANTY THAT (1) GALLERYXCHANGE WILL MEET YOUR REQUIREMENTS, (2) GALLERYXCHANGE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GALLERYXCHANGE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH GALLERYXCHANGE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GALLERYXCHANGE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM GALLERYXCHANGE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GALLERYXCHANGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GALLERYXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE GALLERYXCHANGE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM GALLERYXCHANGE; (3) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON GALLERYXCHANGE; OR (5) ANY OTHER MATTER RELATING TO GALLERYXCHANGE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase,
solicitation of offers to purchase, and sale of items.
Notices
Unless otherwise explicitly stated, notices to galleryXchange must be sent by email. Notices to you, will be sent to the email address provided during the registration
process or by mail.
Resolution of Disputes
GalleryXchange's goal is to make you happy. In the event a dispute arises between you and galleryXchange, please fill out a support ticket on galleryXchange and we
will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified
mediation or arbitration entity.
Disputes between you and galleryXchange regarding galleryXchange's services may be reported to Customer Support by filling out a support ticket.
Violations
Please report any violations of the TOS by filling out a support ticket on galleryXchange.com
Intellectual Property Rights
None of the artists' works, in whole or in part, may be reproduced in any form without the expressed written permission of the artist. All rights reserved.