Terms of Use
Terms of Use
1. General Conditions
A) These conditions of use set out the general conditions that apply when customers carry out transactions, such as the purchase of products or the purchase of services provided for artists in the Fabled Gallery online store.
B) Regarding the use of the website by the customers, and in addition to these terms of use, Fabled Gallery may set out special conditions concerning the use of individual services, may subordinate these conditions, guidelines and other policies. All clauses, guidelines or other subordinate additions to these will form part of these Terms of Use and will apply for the use of the online store by customers.
C) Customers accept the terms of use when using the online store.
D) Fabled Gallery displays and sells artistic works to customers through their online store and offers free or paid services to artists.
2. Customer information
A) The information submitted by customers when registration on the Fabled Gallery website must be truthful, accurate and promptly updated in the event of change. Fabled Gallery assumes no responsibility for any damage caused to customers by the reasons below :
I. The information is falsified, erroneous or omitted.
II. Customers take action that violates these terms of use.
B) Customers can submit purchase requests for works through our site.
C) The payment method, the delivery method and other transactional terms and conditions available when customers place orders may be changed on a case-by-case basis. Customers are personally responsible for verifying these terms and conditions before submitting requests to purchase artworks.
D) When a customer completes the payment process, a sales agreement between the customer and Fabled Gallery is not yet established for the product relating to the request filed. A sales agreement for the product relating to the request filed will be established when the customer’s purchase history status changes to “Order Confirmed”.
3. Payment
Customers must make payment for the product price and additional service charges, etc., via the payment method selected when ordering within the specified time period by Fabled Gallery. If the customer fails to make payment within the time limit, the sales contract drawn up subject to the request will be automatically terminated.
4. Transfer of ownership
A) The artist will ship the work (s) after the confirmation of the end of the payment process.
B) Ownership of the works passes from the artist to the customers when the customers receive the products at the location specified by the customers.
C ) The artist will bear the damage and loss of works caused by carriers who have committed willful misconduct or negligence before delivery to the place specified by customers.
5. Cancellation, Returns by Customer
A) The Artist may decline offers from Customers if the price is “on request”.
B) Fabled Gallery may terminate sales agreements by notifying customers in the following cases:
I. Customers are found to violate these terms and conditions or risk doing so
II. Delivery is impossible (country of destination, pandemic, etc.)
III. The work is already sold or is no longer available
IV. Customers refuse to accept the products.
V. Customers violate section 13 “Prohibitions”
C) Fabled Gallery will not assume any liability even if damage occurs to customers due to the failure of the sales contract or it’s cancellation under the previous paragraph.
D) After making a purchase request from Fabled Gallery, customers can cancel the request free of charge until the purchase history status changes to “ Order Confirmed ”.
E) If the following cases are recognized Fabled Gallery will accept return of products or exchange them :
I. When products that customers have not purchased have been sent.
II. When the condition of the product described in the online store differs from the actual product sent by the artist.
F) If a customer wishes to return a work that has defects, he must inform Fabled gallery by Email within 48 hours of the arrival of the products, and return the work within 14 days (the day of arrival of the products. products is defined as the first day).
G) If the artist confirm to Fabled Gallery the return of the work no later than the 21st day from the first day of arrival and confirm the defects for the work for which the client has made a refund request, Fabled Gallery will agree the refund. The artist will bear the cost of the return in this case.
6. Refunds
A) If customers choose to return artwork, Fabled Gallery may refund after inspection of the returns.
B) Fabled Gallery will reimburse by the methods according to the payment methods used by the customer.
C) If the customer does not provide the account information for the transfer within the specified time to Fabled Gallery, or if the transfer cannot be completed due to incorrect account information, Fabled Gallery will not bear late fees or other charges.
7. Liability for warranty against defects
If the products received by the customer do not conform to the contract in terms of type or quality, and the customer suffers damage as a result of such non-conformity, Fabled Gallery will not be responsible for any loss or damage.
8. Copyright
For each work published on Fabled Gallery, copyright is respected and customers may not use it for purposes other than private reproduction prescribed by copyright law.
9. Notifications
A) Notifications and emails must be sent electronically to the email address entered by customers during purchase.
B) When Fabled Gallerie sends an email to the email address indicated in the previous section, the customer agrees in advance that the notification will be considered to have been sent either when the email has become visible to the customer or 24 hours after sending the e-mail by Fabled Gallery, the earliest date being retained.section, the customer agrees in advance that the notification will be confirmed to have been sent either when the email has become visible to the customer, that is 24 hours after the sending of the e-mail by Fabled Gallery, the earliest date being retained.
10. Correspondence
A) Fabled Gallery may, in accordance with laws and regulations, contact Customers by telephone, e-mail, mail or other methods for the purpose of informing Customers of campaigns relating to advertising and marketing or other related tasks.
B) Fabled Gallery may contact customers by telephone, email or other methods in order to investigate works, investigate status of transactions, or interview the client, etc.
11. Use of the online store by minors
Customers who have not yet reached the age of majority (18 years old) will not use the online store until they have received the consent of a parent or of a tutor.
12. Prohibitions
A) Customers are prohibited from engaging in any behavior described below while using the Fabled Gallery site :
I. Violate any law or regulation; court decisions, rulings or orders; or legally binding motions from the government,
II. Violating public order or infringing the standards of decency,
III. Transfer the earnings generated by criminal activity and help, encourage or contribute in another way,
IV. Contribute to the benefit of any anti-social force (gangs, etc.) or collaborate in any other way with such groups,
V. Impersonate a third party or intentionally send false information,
VI. Refuse to accept a work without a valid reason,
VII. Return of a work without a valid reason,
VIII. Use of the products for other purposes or applications originally designed,
IX. Engage in personal transactions, internal transactions between interested parties or fictitious transactions,
X. Cause any malfunction or disturbance on the Fabled Gallery site,
XI. Place excessive load on servers, computers of Fabled Gallery.
XII. Sending or distributing any malicious program, including computer viruses, to Fabled Gallery or to a third party,
XIIII. Interfere with the operation of Fabled Gallery,
XIV. Use Fabled Gallery for illicit purposes,
XV. Violate these terms of use or engage in behavior contrary to the intention and purpose of Fabled Gallery
XVI. Engage in any activity deemed inappropriate by Fabled Gallery
B) In cases where a client violates any of the provisions set out in the previous section or fails to honor his debts or responsibilities to Fabled Gallery, the company will be entitled to take any of the following actions, without notice to the customer:
I. Suspend the use of the Fabled Gallery website to customers or terminate the customer’s account.
II. Suspend the service of transactions, including shipping of artworks,
III. Require payment from the customer via a different payment method from the one chosen by the customer at the time of the order.
13. Handling of personal information
The company will treat personal information obtained through the use of the website in an appropriate manner in accordance with the Privacy Policy of Fabled Gallery.
14. Indemnities
A) Fabled Gallery assumes no responsibility for any damage suffered by customers due to: natural disasters; war; Terrorist attacks; riots; the establishment, revision or repeal of laws, regulations or rules; interference or order of a government agency; epidemics or pandemics; power outages; disruption, delay, termination, loss of data or unauthorized access to data due to system maintenance, malfunction or otherwise of communication lines, computers; labor disputes; or force majeure events, such as equipment accidents.
B) Fabled Gallery may provide information to customers; however, the company assumes no responsibility for actions that use this information.
C) Fabled gallery is not responsible for any damages resulting from the breach by customers of these terms of use.
D) When using our services on our website, customers should prepare and maintain a client-side operating environment, including network, computer, and software at their own expense. Fabled Gallery is not responsible for any damage resulting from the customer’s operating environment or its maintenance.
15. Applicable law and place of Jurisdiction
These General Conditions of Sale are governed by Swiss law. Any dispute settlement can be made with the customer service of the fabledgallery.art site and in the absence of any settlement, the legal venue is accepted and recognized by both parties as being Fribourg, Canton of Fribourg, Switzerland.
16. Suspension / Termination
The Company is entitled to suspend or terminate access to the online store or to the online services to any individual customer or to any artist, at any time without notice. Fabled Gallery assumes no responsibility for any damages or losses suffered by the customer as a result of the suspension or termination of their account.
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17. Revision of Terms of Use
Fabled Gallery has the right to revise these Terms of Use at any time without notice to customers.
