1 – PURPOSE AND ENFORCEABILITY OF THE GTCS:
The purpose of the YOUNG SOY GALLERY website is to present Artworks consigned from artists by the website (hereinafter the “Gallery”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Gallery. 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 Gallery.
2 – ACCEPTANCE:
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Gallery and the Buyer.
3 – ORDER:
The Artworks are offered for sale on the YOUNG SOY GALLERY website, subject to their availability. Each of the Artwork offered comes with a short explanation sheet 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). The Buyer will not be charged for the payment before his/her purchase offer has been validated, which is done within 48 hours by the Gallery, in order to ensure the Artwork’s availability. 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 depend on the type of artwork, its dimensions, its weight, as well as the place of delivery. For unique works, Young Soy Gallery offers free delivery in Hong Kong. For other pieces such as prints, and items for the gift shop, there may be additional delivery charges which may differ on a case to case basis. For international shipping, in addition to cost of shipping, and materials used for packaging, an additional 25% is added as a service fee. The service fee of 25% 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. The payment of the artwork price by the Buyer to the Gallery is made via the payment services available on the Site, however if the price exceeds $10,000 Hong Kong dollars, the buyer will have to use direct bank transfer upon request from YOUNG SOY GALLERY. 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 YOUNG SOY GALLERY’s 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, including the Gallery itself. 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, YOUNG SOY GALLERY 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, at the latest within 48 hours, to YOUNG SOY GALLERY, who will transfer to the delivery service provider.
7 – STATUTORY GUARANTEES:
The Gallery commits to respect and implement the statutory guarantees of the Buyer, i.e. : the guarantee of non-compliance and the guarantee of hidden defects.
8 – 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.
9 – INTELLECTUAL PROPERTY:
The Gallery 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 Gallery and the artist commit 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 through YOUNG SOY GALLERY 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.
10 – DATA PROTECTION:
YOUNG SOY GALLERY gathers and 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 ite, 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: firstname.lastname@example.org. YOUNG SOY GALLERY 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. YOUNG SOY GALLERY is committed to take all necessary measures to best protect the confidentiality of the information provided by the Buyer.
11 – APPLICABLE LAW:
These general terms and conditions of sale are governed by Hong Kong law.
12 – COMPETENT JURISDICTION:
Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Hong Kong courts.