General Terms and Conditions
Version August 2018
These General Terms and Conditions (TC) govern the relationship between Klibansky and the Customer.
The TC apply to
1) the use of our Website and Services; and
2) to all orders and purchases of Artworks, Products from Klibansky, including but not limited to sales through the Website, by telephone, email, in Studio sales, in person sales.
Klibansky asks you to read all the TC carefully. By using the Website, ordering or purchasing from you are deemed to have accepted the TC and acknowledge to comply with the TC at all times. You can download these TC on the Website and You will also receive the TC by email when placing an Order.
Klibansky reserves the right to change, impose new or additional conditions or modify these applicable Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. You are obliged to periodically review these Terms and Conditions and to comply with the obligations set out in the current version at each moment. Any use of the Services by You after such notice by Klibansky shall be deemed to constitute acceptance by You of such changes, modifications and additions.
Our customer services are available from Monday between 09:00 am until 06:pm and can be reached via email email@example.com or via telephone on +31 (0)6 48172220. Should You have any complaints pertaining this Website, sales or any other matter in respect of Klibansky, please mail Your Complaint to firstname.lastname@example.org. We will handle Your complaint diligently and strive to provide You with a response within two (2) business days.
THIS IS A DOCUMENT INTENDED FOR CONSUMERS. IF YOU ARE NOT A CONSUMER OR WISH TO BUY ARTWORKS AND/OR PRODUCTS FOR TRADE, PLEASE CONTACT US AT INFO[AT]JOSEPHKLIBANSKY.COM. DIFFERENT TERMS AND CONDITIONS APPLY TO ORDERS AND PURCHASES MADE BY PROFESSIONAL ART BUYERS LIKE GALLERIES AND ART DEALERS.
Klibansky Joseph Klibansky Art Group B.V. is a limited liability company with its registered address at Energiestraat 35c at (1411 AS) Naarden, The Netherlands, registered at the Dutch Chamber of Commerce under number KvK 55027989, its affiliates and the Artist.
Artwork(s) All artworks and parts thereof including but not limited to original paintings, reproductions, sculptures, editions, (silk)screen prints, photography, drawings, limited editions.
Artist Joseph Klibansky
Belongings Any and all possessions, goods, personal effects owned by the Customer and present in Customer’s residence or workspace during the Installation of an Artwork by Klibansky.
Custom Order Artworks and/or Products which have been special ordered, or customized or tailored to Customer’s specifications and/or wishes. Custom orders are non-refundable and non-exchangeable.
Catalogue The catalogue containing Artworks
Certificate of Authenticity A certificate which verifies the provenance and authenticity of the Artwork(s) of the Artist
Content All content provided by Klibansky online or offline including but not limited to text, images, audio, video, information, drawings, sketches, photographs, graphics.
Customer The customer of Klibansky who is a consumer and not a Professional Buyer
Customer Service Klibansky customer service
Delivery Period Thirty days after full payment of the Purchase Price was received by Klibansky. Please note that all delivery times are indications and depending on the type of Order may exceed the thirty-day period.
Force Majeure Any event entirely beyond the reasonable control of Klibansky including without limitation, war, flood, fire, earthquake, strike, explosion, accident; threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Klibansky, You or a third party ruling or action of any labour union or trade body association affecting Klibansky, You or the music audio post production industry); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery or any other events beyond the control of Klibansky.
Installation Installation or placement of an Artwork in Customer’s residence or workspace.
Invoice The invoice contains a description of the Artwork and/or Product ordered, deposit due if applicable, final purchase price, shipment costs, packing costs, taxes such as VAT if applicable.
Item Artwork and/or Product
Limited Edition An Artwork or a Product produced in a limited number, each of which are numbered and in some cases signed by the Artist.
Non-conformity A condition which does not conform to the specifications of the Artwork or Product as described in the Order Confirmation.
Order Customer’s request to purchase (an) Item(s)
Order Confirmation The order confirmation asserts the acceptance of your order by Klibansky and contains the details and specifications of the purchased Items as they will be delivered to You and the invoice with payment instructions.
Photos Photo of an Artwork and/or Product displayed on the Website
Rights All present and future intellectual property rights which can be exercised at any time including but not limited to copyrights, moral rights, portrait rights in the world, vested in an Artwork in the Territory
Purchase Price The price determined and confirmed by Klibansky and agreed by Customer of the Artwork and/or Product stated on the Invoice.
Products clothing, caps, books, jewellery, posters, printed materials
Professional buyer Any individual or company who can be considered upon Klibanksy ’s sole discretion as a professional buyer.
Sales Agreement The agreement between You and Klibansky is comprised of the 1) sales agreement including the Order Confirmation and the invoice and 2) these terms and conditions and 3) all relevant annexes to the aforementioned documents if any including any notices or additional conditions. This Sales Agreement prevails over any additional, conflicting or inconsistent terms and conditions that may appear on any purchase order or document in Customer’s possession. You are not allowed to assign this Agreement and Your rights and obligations under the Agreement to a third party, without prior written approval of Klibansky.
Services All services rendered by Klibansky among others making available its Website(s), sending mailings, newsletters.
Social Media Channels All Social Media Channels including but not limited to Facebook, Instagram, Snapchat, Twitter.
Studio Joseph Klibansky ’s studio(s) and galleries
Term Duration of the Agreement
Terms and Conditions These terms and conditions. Klibansky explicitly refuses and rejects the applicability of Your own terms and conditions.
User the user of Klibansky’s web proporties
Website the web properties, most notably Klibansky’s primary property which is accessible though the url https://josephklibansky.com, with all of their components including but not limited to texts, images, trademarks, logos, illustrations, animations, graphics, drawings, audio, diagrams, clips, videos, domain names and services such as mailings and newsletters.
You/Your an individual who is a User and/or Customer
1. The Website (and all elements thereof) are all subject to these TC. The Website allows you to browse, read, download, view or otherwise consume the Content delivered to you by the Website.
2. You are obliged to protect your account and credentials for the Website against unauthorized access by third-parties. By registering an account for the Website, You accept and assume all lability that may arise out of any activity that occurs under your account. You cannot share Your account and/or login information with other people to provide others access to the Website. You are fully liable for all actions from your account, unless and until You have notified Klibansky that Your account is compromised.
3. Your access to and use of the Website is at your own risk. You acknowledge and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Klibansky does not warrant or guarantee and disclaims any and all responsibility and any and all liability for: (i) the completeness, accuracy, availability, security or reliability of the Website; (ii) any harm to your devices, computers or systems, loss of data, or other harm that results from your access to or use of the Website; (iii) the deletion of, or the failure to transfer, to store or to receive any Content, information, materials and other communications by the Website; and (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Klibansky or through the Website, will create any warranty or guarantee for Klibansky, unless expressly mentioned in these Terms and Conditions.
4. The Website can be maintained at any time, even if this may negatively impact the availability of the Content on the Website. You will be notified in a timely manner of scheduled maintenance, if reasonably possible.
5. Certain Content offered by the Website links you to content and/or services exploited by a third-party. By clicking the links to those third-party services, You exit the Website and are aware that those services may be subject to that third-party’s terms and conditions, guidelines, regulations, or privacy policies. The linked sites are not under the control of Klibansky and Klibansky is not responsible or liable for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites. Klibansky is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Klibansky of the site. Klibansky is in no event responsible or liable for any loss, costs, damages or expenses, or any content, services, offers, materials offered, sold, marketed, promoted of otherwise made available to you by third-parties.
6. It is expressly prohibited to use the Website for any purpose that violates Dutch or other applicable law(s) or regulation(s). If in the opinion of Klibansky the continued functioning of the computer systems or network of Klibansky or third-parties is actually or under threat of being damaged or jeopardized, Klibansky may take all steps, measures or actions it deems reasonably necessary to end or avert such damage or jeopardy.
7. Klibansky is at all times entitled to file a criminal complaint for any offenses committed through or using the Website. In addition, if required by law, Klibansky is entitled to supply Your name, address, IP-address and other identifying data to a third-party alleging that You violate its rights or these Terms, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third-party has an evident interest in obtaining this information.
8. You must be at least 13 years old, under the applicable law, to use the Website and warrant that you have truthfully stated your age. If you are under 13 stop using the Website immediately. You must be 18 years old or older under the applicable and be the holder of a valid debit/credit card in Your own name to place an Order and purchase Artworks and/or Products from Klibansky. In case you provide untruthful information, Klibansky shall not be liable as it cannot verify Your age.
II. ORDERING FROM KLIBANSKY
1. CUSTOMER IDENTIFICATION
To place and process Your order and/or other enquiries, You will be asked to provide among others:
• Your first and last name;
• A billing and shipping address including zip-code, country;
• Email address;
• Telephone number;
• Account and billing information.
Please note that We need correct and complete details at all times to process Your Order and/or enquiry. We will use the above information to contact You about Your order, expected delivery times, shipment details and costs and future orders among others. Upon registration, You can opt in to receive Our news updates by email and at any time You can cancel your subscription.
2. INFORMATION ON ARTWORKS AND/OR PRODUCTS
Klibansky offers a wide range of exclusive Items for sale in-Studio and trough the Website. Klibansky may at its sole discretion change, remove, add Items offered and at its sole discretion determine the validity and conditions of the offer.
1. Types of Artworks and Products
Depending on the type of Item the terms for withdrawal may differ (see Art. 7). In the product notes, You can also find information per Item on withdrawal terms.
• Original Artworks: Single edition Artwork including but not limited to the Artist’s Wall Sculptures, Sculptures, Thought Paintings, Digital Paintings
• Printed Artworks: A digitally produced Artwork including but not limited to the Artist’s Editions
• Personalized Items: A signed exclusive item customized to Customers preferences and individual choices.
• Commissioned Artworks: An Artwork designed and made upon request of a Customer and according to the Customer’s specifications.
• Limited Editions: Limited Edition Items including but not limited to Artworks, clothing, jewellery will only be available for a limited period of time or until the batch has been sold and signed by the Artist.
• Jewellery and clothing: items of jewellery and clothing, signed by the Artist
• Printed Materials: Books among others, signed by the Artist
Even though we use Our best efforts to keep the information on the Website accurate and up-to-date, You acknowledge that the Website may not always reflect the current availability of the Items.
3. Description and Photos of the Items
The product page mentions the details of the Item including the name, the available sizes, edition, materials, options, Purchase Price. We have endeavoured to make high quality Photos which display the Items as accurately as possible. You agree and acknowledge that the Photos provide merely an indication and are not indented to replace physical inspection. The colours, materials, frames of the physical Item may deviate from the Photos. The physical Item may show imperfections as can be expected from all hand-made Artworks and/or Products. As such, We do not guarantee that the Item purchased online will be identical to the Photos. You acknowledge and agree that when purchasing via the Website the Photos and the physical Item may differ from each other and You accept that the lack of physical inspection of the Item is solely Customer’s risk. You agree and acknowledge that such aforementioned deviations and/or imperfections do not constitute non-conformity or that the Agreement may not be terminated on such grounds and/or Customer is not entitled to a compensation including but not limited to damages in this respect.
3. PLACING AN ORDER, ACCEPTANCE AND CANCELLING AN ORDER
1. Placing an Order
Klibansky offers a range of Items for sale in Studio and via the Website. The offers are valid for the period indicated on the Website or by Klibansky in Studio. The online store is merely an invitation to Customer to request an offer. You may request an offer, amend and place an order through email, telephone of via the Website or in-Studio. If Your Order was accepted, You will receive a written Order Confirmation with a summary of the Order and a description of the ordered Items . You now have an obligation to pay the amount due. The Order will be delivered to You conform the Order Confirmation. The Sales Agreement between You and Klibansky has been established on the time and date as indicated in the Order Confirmation. If You have an account on Our Website, You can review Your Order history online.
2. Ordering via the Website
Before placing an Order, Customer can change and correct the details of the desired Order at all times. Once You have selected Your desired Items , You can choose the quantity and any applicable options. You can review and correct, if necessary, Items added to your online shopping cart. When ordering customized or special Items , Customer is responsible providing all correct information such as sizing, options. Customer and any errors in the provided information are solely Customer’s liability. Always review your shopping cart before proceeding to check-out. Once You click Place Order and Pay, Your Order is Placed. You now have an obligation to pay the amount due as described in the Order Confirmation. After Your submission of the Order, Klibansky will process Your Order and if accepted, You will receive an Order Confirmation. The Sales Agreement between You and Klibansky has been established on the time and date as indicated in the Order Confirmation. The Order will be delivered to You conform the Order Confirmation.
For Limited Edition Products, We may offer a pre-registration. Customer understands that pre-registration does not include the right to purchase the Limited Edition Product. Klibansky will randomly elect the Customers who will be given the option to purchase the Limited Edition Product. Once elected, Customer will receive a down-payment link. If You haven’t received a down-payment link, You will not be able to purchase the Limited Edition Product at this time but for another Limited Edition Product you can re-enter pre-registration.
4. Refusal of an Order
If Klibansky is unable to accept Your Order for any reason or the Items in Your Order cannot be delivered as requested, We will notify by email. Klibansky reserves the right to limit the gross value of an Order via the Website and to limit the maximum order quantity of items per type of Artwork or Product. In this case You will not receive an Order Confirmation and no Sales Agreement between You and Klibansky has been established. Klibansky will discuss with You and if applicable, the amounts that You have paid before acceptance of the Order, will be refunded to You into the Customer’s bank account corresponding with bank account used to place the Order. In the event no payment was made upon ordering via the Website, You will not be charged when Your Order has not been accepted by Us.
5. Cancellation of the Order
- You may cancel Your Order as long as You did not receive an Order Confirmation. You will receive a full refund of the Purchase Price within 10 days into the Customer’s bank account corresponding with bank account used to place the Order. In the event We cancel Your Order, You will receive a full refund of the Purchase Price and charged shipping costs within 10 days into the Customer’s bank account corresponding with bank account used to place the Order.
- You may also exercise your right of withdrawal within 14 days as instructed under Article 7 TC.
- Klibansky may cancel Your Order in the event:
a) Klibansky detects an obvious and unmistakeable error in the Purchase Price or description of the Item;
b) Your payment cannot be authorized;
c) Klibansky suspects fraudulent activity or suspects You are a professional buyer;
d) The Item is unavailable; or
e) Customer was not eligible to Order according to these TC.
Klibansky will notify You by email in such case and if the Order has already been shipped or delivered to You, the Order must be promptly returned to Klibansky. Klibansky will provide You with instructions in that case.
4. PAYMENT, COSTS AND RETENTION OF OWNERSHIP
1. Payment Terms
- Customer warrants that he/she is the holder of the debit/credit card.
- For in Studio purchases, the Order Confirmation will state the payment term. For purchases via the Website, Customer is obliged to pay the amount due during the order process.
- Customer agrees to receipt of electronic invoices.
- In the event the (online) payment process cannot be completed what any reason whatsoever, the order process will be cancelled. In that case, Your credit/debit card will not be charged.
- In the event of non-payment, You are in default without further notice of default being required. Klibansky reserves the right to involve a debt collector in the event of non-payment and to take further legal action.
2. Retention of ownership and title
- Until full payment of the Purchase Price is received by Klibansky, Klibansky remains the sole and legal owner, of the Items, regardless of whether or not the aforementioned Items are already in Your possession. Customer guarantees to take utmost care of Artwork(s) and Product(s) which were not paid for fully and guarantees that such Items will be returned to Klibansky according to Klibansky ’s return policy. In the event of termination of the Agreement the legal ownership of the Items immediately reverts to Klibansky.
3. Purchase Price and Shipping Costs, Taxes and additional costs
- All Purchase Prices stated on the Order Confirmation included the original price of the Artwork(s) or Product(s), applied discount(s) and Value Added Tax (“B.T.W.” or “VAT”) if applicable. All transaction fees arising from payment services will be borne by Customer.
- Shipping costs for non-fragile Products will be separately mentioned on the order review before the Order is placed.
- Klibansky reserves the right to charge additional costs for custom crates and/or shipping costs for fragile Items after the Order is placed. Customer will be informed with an estimate of such additional costs before Klibansky accepts and confirms the Order.
- Klibansky is allowed to add Taxes as an additional charge if required to under the applicable law and Customer will be notified of such charges before the Order is placed.
III. DELIVERY OF YOUR ORDER
5. PICK UP OR DELIVERY
1. Pick up Fragile Items
- Fragile Items can be collected at the Studio. Upon full payment of the Purchase Price, Customer Service will contact You to schedule an appointment to collect Your Purchased Items.
- Upon pick-up, You or Your professional shipper must sign a pick-up document among others confirming the acceptance of the Items in its then known state. Upon signing the pick-up document, all liability transfers to Customer. Customer is obliged to adequately insure the transport of the Items from the Studio to Customer’s delivery address.
- Unless otherwise indicated, non-fragile Items will be delivered to address mentioned in Your Order Confirmation. Upon Customer’s request, fragile Items can also be delivered to You.
- All delivery times are merely an indication. If a delivery time cannot be met, Klibansky will notify You and determine a new delivery time in consultation with You. You agree and acknowledge that exceeding the estimated delivery time is not a ground for payment of damages to You or termination of the Sales Agreement by You.
- From the Order Confirmation Date, Klibansky will need 5 days for delivery of non-fragile Products which are in stock.
- For any personalized, customized, commissioned, framed, fragile Artworks and/or Products, Customer Service will contact You about the expected delivery time.
- Deliveries will be made to the delivery address as provided by You in the Order and confirmed to You in the Order Confirmation. All risk and responsibility for the Items transfers to Customer or an assigned third-party upon delivery or pick-up.
- In the event the delivered Order as described in the Order Confirmation is not complete, please immediately notify Customer Service.
- Once the Items have been handed to the shipping service, Klibansky will send Customer an email with a notification of dispatch and expected delivery time.
3. Shipment methods and costs
- Klibansky will ship all non-fragile Products with parcel posts and regular Dutch Post.nl tariffs will apply.
- All fragile Artwork(s) will be shipped in a custom-made crate. Klibansky will inform You about the production cost of the crate and shipping costs before You receive an Order Confirmation. Klibansky will select the shipper and will adequately insure transport from the Studio to Customer’s delivery address. All risk and responsibility for the Items transfers to Customer upon delivery.
4. Damage during transportation
- In the event that the purchased Items are damaged during transportation to the place of delivery due to a cause beyond Klibansky ’s control and not caused by Klibansky’ s negligence or omissions, Customer is allowed to return the shipment and will receive a refund or may chose, if possible, a replacement Item from a similar series. In the event an Item is replaced, Customer service will inform You of the expected delivery time. Customer acknowledges that unique Items cannot be replaced with an identical Item.
5. Installation of an Artwork
- Upon request of the Customer, Klibansky will coordinate and arrange for the Installation of the Artwork. Customer understands and acknowledges that Klibansky is merely arranging Installation as a service to the Customer and is not responsible nor liable for any damages to Customer’s Belongings except in the event of gross negligence and/or omissions by Klibansky in which case any damages payable will be limited to the Purchase Price of the Artwork.
- Customer understands and acknowledges that Artist will not attend Installation unless explicitly indicated by the Artist and at his sole discretion.
6. Warranty Of Authenticity
- Upon request, Klibansky will provide you with a Certificate of Authenticity signed by Klibansky. Please note, that Klibansky cannot warrant the authenticity of Artworks and/or Products purchases outside this Website and/ or through unauthorized galleries.
IV. AFTER SALES
1. Acceptance of the order
- Upon pickup or delivery of the Items You are obliged to immediately and fully inspect the delivered Items Inspection shall mean to carefully establish whether the deliver Items corresponds with Customer’s Order Confirmation. Customer is not allowed to use or wear the Products such as books, jewellery or clothing or to install and exhibit the Artwork(s).
- After inspection of the Artwork, both Customer and Klibansky will sign an acceptance form.
- If the Artwork(s) reveal an acceptable error, Customer may accept the Artwork.
- If the Artwork(s) reveals an unacceptable error, the Artwork will be replaced if possible considering the nature of the Artwork. Customer acknowledges and agrees that such replacement will not be an identical Artwork nor the same number when it concerns a Limited Edition.
- The delivered Order will be considered fully accepted by the Customer if Customer Service has not received a written notification of non-conformity within 24 hours after delivery to You.
2. Detected non-conformity
- In the event that the non-conformity becomes known to Customer from the day after the delivery day but within six (6) months after the date of delivery to Customer, Customer must immediately inform Customer Service as soon the non-conformity becomes known to Customer. Klibansky may request a full description and photos of the defect or other evidence.
- In the event of non-conformity of the Artwork and/or Product delivered by Klibansky to Customer, Klibansky will repair or replace the Artwork and/Product. In the event considering the nature of the Items a repair or a replacement is not possible, Customer may request of full refund of the Purchase Price including originally charged shipping costs if Customer provides the original shipping cost receipt or Klibansky and Customer will use their best efforts to come to a reasonable solution. Customer is obliged to adequate insure Artwork(s) to be returned to Klibansky. Klibansky will reimburse insurance costs upon receipt of the insurance note.
- Items which are deemed non-conform, must be immediately returned to Klibansky in compliance with Our Return Policy (see Article 7.3). Customer bears the risk during transportation of the returned Items to Klibansky. In the event the returned Items is/are damaged, incomplete, modified, show signs of improper use, discoloration or other defects, Customer will not be fully refunded the Purchase Price. Customer Service will in that case contact You to inform You about the remainder of the refund.
7. RIGHT OF WITHDRAWAL
1. Right of Withdrawal
- Online (Website, email, app) Purchases: Starting from the date of delivery to Customer, Customer may within fourteen (14) days revoke the Agreement with Klibansky without giving reasons. Please use the ‘Right of Withdrawal Form’ on Our Website or send a letter, email to Us.
- Purchases from the Studio (also by telephone): Customer can return the Item to Our Studio within 30 days from the Customer acquires the purchased Item. Klibansky will reimburse shipping costs incurred by Customer. Klibansky must receive a copy of the carrier invoice.
- Customer must, after revoking the Agreement, return the complete Order to Klibansky at his own costs
2. The Right of withdrawal does not apply to the following items:
- The following Items may not be returned under the right of withdrawal:
o Signed Artworks
o Personalised Items;
o Commissioned Items;
o Sealed Items which were unsealed after delivery and unsuitable for return and re-sale to another Customer according to Klibansky;
o Any other Items made to the consumer’s specifications.
3. Return Policy
- We can only accept returns purchases through Our Website or in Studio. If you purchased an Artwork or Product from an external gallery please, contact Your gallery.
- Please send back the Items purchased no later than 14 days from the day on which your Sales Agreement was cancelled.
- All returned Items must be adequately packed.
- If You are sending back fragile Items, please contact Customer Service to enquire about adequate insurance and packing instructions.
- Please send returned Items to the following address
Attn. Ms. Susanna Klibansky
Joseph Klibansky Art Group B.V.
1411 AS Naarden
- Customer must be able to provide written proof of shipment of the returned Items to Klibansky via a trustworthy carrier (e.g. track and trace, freight letters) and the costs thereof.
4. Refund Policy
- Before Klibansky will consider a refund, all ordered Items need to be returned to Klibansky. If Klibansky deems the returned items intact, Customer will receive a full refund of the Purchase Price and original shipping costs, and any applicable additional costs charged to Customer, if the Items have been returned to Us in their original condition meaning not showing any signs of damaged, incomplete, modified, show signs of improper use, discoloration or other defects.
- The refund will be paid to the Customer’s bank account corresponding with bank account used to place the Order.
- In the event the returned Item(s) have diminished in value, We may refuse or reduce a refund and/or reimbursement of shipping costs.
8. GUARANTEE AND REPAIRS
- Considering that Items are properly used as intended by the Customer, Customer is granted a two (2) year warranty on Artworks and/or Products purchased.
- In the event of negligence, wilful damage, lack of due care of the Items , Klibansky may at its sole discretion, charge a fee for a repair.
- Customer agrees and acknowledges that in the event materials, techniques or other procedures required for a repair, are no longer available to Klibansky, repairs may not be possible.
- Klibansky may determine in its sole discretion whether an Artwork can be repaired and reserves the right to charge a market conform fee for repairs. If the Artwork can’t be repaired, Customer must return and ship the Artwork to Klibansky. Customer will adequately pack and insure the Artwork and will pay for shipment. At its sole discretion, Klibansky may reimburse shipping costs.
- Customer acknowledges and agrees that a repair of a Limited Edition Artwork may result in replacement of the Artwork with another number in the series.
- Any parts of an Artwork and/or Product including but not limited to frames, is supplied by third party supplier. Klibansky will offer You supplier’s guarantee and repair policy.
9. CARING FOR YOUR ARTWORK OR PRODUCT
You have purchased a valuable Artwork and we urge You to treat such Artwork with utmost care. Below We have listed a number of circumstances to consider in order to preserve Your Artwork. When in doubt, You may contact Our Customer Service. Klibansky may assume that Customer will use reasonable efforts and common knowledge to fill out any guidelines not explicitly mentioned below.
In the event, You have not followed the below guidelines, You may lose the right to guarantee or repair.
f) Handling the Artwork
- Make sure that Your hands are clean and preferably wear gloves
- Have a number of people available for large and heavy Artworks
- Don’t wear any jewellery and/or carry any sharp objects when handling the Artwork
- Check the framing before moving the Artwork and always carry the Artwork with both hands at either side of the frame
- Check any surface You rest the Artwork on or lay the Artwork down on.
g) Hanging the Artwork
- Check the wall and find a flat solid stable surface
- Use appropriate, durable and sturdy hardware to hang the Artwork
- For heavy Artworks, use wall anchors, braces and double wires for stability and balance
- Make sure that any wire, hooks, anchors do not touch the canvas or other exposed delicate areas
- Periodically check the condition of the metals and other devices used to hang the Artwork
h) Things to consider at all times:
- Use utmost care when allowing children and/or pets around the Artwork
- Weather and climate related circumstances which may influence Your Artwork
- Don’t hang or place the Artwork near a heat source,
- Don’t hang or place the Artwork in an unstable place
- Control the room’s humidity and temperature;
- Don’t hang or place the Artwork in direct sunlight
- Avoid water damage to the Artwork at all times
- Only dust off your Artwork with specialized soft cloths, do not use detergent or any cleaning agents or hard, metal, rough surfaces.
- Clothing: all clothing should be cold hand washed and hand dried.
10. INTELLECTUAL PROPERTY RIGHTS
1. Our rights
- Klibansky is the sole owner of all Intellectual Property Rights including but not limited to trademark rights, copyright, neighbouring rights, industrial design, trade secrets, title and interest vested in all Artworks, Products, information or Content on the Website.
2. Your rights: sharing on Your Social Media
- As You will understand We must protect our Intellectual Property Rights. You acknowledge and agree to respect Klibansky Intellectual Property Rights. You are granted a non-exclusive non-sublicensable License to access and browse the Website. We also know that You love to share images of the Artworks on Your personal Social Media Channels and You are allowed to do this but We would love You to tag us and use the hashtags #Klibansky #josephklibansky.
3. Prohibited actions
- You are strictly prohibited to publish and/or to reproduce including but not limited to the following actions: to modify, duplicate, publish, adapt, copy, sell, offer, make available, replicate, plagiarize, reproduce, in any form, decompile, or otherwise extract Content and/or source code from the Website, the Products and/or the Artworks. You agree to fully hold harmless and fully indemnify Klibansky and/or the Artist as defined in Article 25 of these Terms and Conditions.
4. Press request
- If You wish to use any Content of the Website in a press article, blog item about the Artist and/or Klibansky, please contact Customer Service. You agree to comply with the requested manner of crediting the Artist and copyright owner(s) of the relevant Content.
11. INDEMNIFICATION AND LIABILITY
- You agree to fully indemnify and fully hold harmless Klibansky and/or the Artist, its affiliates and their respective directors, officers, employees and agents form and against any and all claims, fines, penalties and other expenses, including attorney’s fees, arising out of the use or misuse of the Website by your or through your account, access to the Website’s content, violation of these Terms and Conditions, or infringement of (third-party’s) rights, including but not limited to Intellectual Property Rights, reserving Klibansky the right to request compensation for damages and to take legal action.
2. Limitation of liability
- Your access to the Website does not imply nor oblige for Klibansky to monitor the absence of viruses, worms, or any other threats to your devices. You are solely responsible for adequately securing your devices or systems and protect yourself from fraud, damages, harmful computer programs, or other destructive content.
- Klibansky is not responsible for any damages incurred in the software and computer of users, during the use of the Website or third-party websites accessed via the Website.
- To the maximum extent permitted by applicable law, Klibansky shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:
o of any kind of cause that caused by or incurred through disconnections, in telecommunication services, maintenance of the Website that produce interruption, inaccessibility, cancellation, suspension of the Website. Klibansky in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption;
o Any conduct or content of any third-party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties;
o Unauthorized access, use or alteration of your transmissions or content.
- Klibansky is in no event liable for any loss or damages to belongings and/or persons, parts of Items produced or provided by third parties.
- Klibansky is not responsible for any loss or damage that Customer may suffer which:
o doesn’t result from Klibansky ’s breach of the TC;
o is caused by a reasonably unforeseeable event beyond Klibansky ’s control and which prevents Klibansky from fulfilling its obligations under the Sales Agreement.
- In no event shall the aggregate liability of Klibansky for any loss or damage arising from or in connection with the Sales Agreement exceed the total value of Customer’s Order . The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and even if a remedy set forth herein is found to have failed of its essential purpose. These limitations of liability also extend to any legal representative, employee or agent of Klibansky.
3. Force Majeure
- Klibansky shall not be liable for any breach of its obligations under this Agreement, which arises as a direct result of any event of Force Majeure. If an event of Force Majeure continues for a period of three (3) months or more, You may immediately terminate this Agreement by giving written notice as soon as possible to email@example.com.
a. Any notice or other formal communication to be given under this Agreement shall be, in order to be effective, in writing (which may include e-mail), signed by You, and may be served by leaving it or sending it to:
Mrs. Susanna Klibansky
1411 AS NAARDEN
b. Any notice or other formal communication sent via the methods indicated below are considered to have been received by the addressees at the following moments, if sent by:
1. registered letter: on the date stated on the proof of receipt;
2. courier: at the moment of issue to the addressee by the courier; and
3. email of which the receipt is automatically confirmed: on the date on which the confirmation has been sent.
- Customer will keep the details of the Sales Agreement confidential at all times.
- he Customer and Klibansky will be each responsible to comply with Tax regulations, laws and requirements under the applicable law.
- Klibansky may from time to time organize sweepstakes, contests and promotions. Please refer to the rules of such sweepstakes, contests and promotions.
- If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
- A waiver by either Klibansky of a breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach nor a permanent modification of such provision.
- These Terms and Conditions and the provision of our Services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general Terms and Conditions and our services shall exclusively be submitted to the competent courts in Amsterdam the Netherlands, which court will apply Dutch law to the dispute.
- The European Commission provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.