TERMS & CONDITIONS
GALERIE AVANT-GARDE TERMS & CONDITIONS
Last Updated: 05/01/2020
The following Terms & Conditions (“Terms”) apply to your access to and use of the website galerieavantgarde.com, mobile applications and online services (collectively, the “Services”) of Galerie Avant-Garde, LLC. and our subsidiaries and affiliates (collectively, “Galerie Avant-Garde,” “GAV,” “we” or “us”) and your purchase of products and services from us, unless we provide you with different terms. By accessing or using the Services or making a purchase from us, you agree to be bound by these Terms and all terms incorporated herein by reference.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18 and Section 19, please do not access or use the Services or purchase products or Services from us.
These Terms do not alter the terms or conditions of any other agreement you may have with us. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms. By placing an order for products or services from the website, you accept and are bound by these terms.
We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or purchase products or Services from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or Services from us.
If you have any questions, comments or concerns about these Terms, please contact us at email@example.com.
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services; and (c) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.
3. Registration and Accounts
In order to access and use certain areas or features of the Services, including the making of any purchases, you will need to register for a Galerie Avant-Garde account. When registering as a member, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information as necessary; (c) maintain the security of your account credentials and the information you provide to us; (d) not share your account credentials with others; and (e) notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account.
4. Terms of Sale
These Terms govern the purchase and sale of products and services from and by Galerie Avant-Garde through the Services.
4.1 PRICING AND AVAILABILITY
All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if subsequent to your order placement. All prices are subject to change without prior notice.
4.2 PAYMENT AND BILLING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you wish to change or update payment information associated with your Galerie Avant-Garde Online account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
4.3 CANCELLING AN ORDER
Customized orders are submitted for production immediately upon order placement and are built to your specifications. A non-refundable 50% deposit will be taken when the order is placed; the remaining 50% will be charged when your order ships. If you choose to cancel your customized order item(s) prior to delivery, your 50% deposit will not be refunded.
Once delivered, customized order returns or exchanges due to customer preference or any other reason cannot be accepted.
Monogrammed/Personalized/Special Order Design items are special order and are non-cancelable, non-returnable, non-exchangeable and non-refundable.
Antique items, as well as any “vintage” items, are sold as-is and are considered final-sale items and cannot be returned.
Fine art items are sold as-is and are considered final-sale items and cannot be returned.
Storage fees will apply to all unpaid orders within 10 working days of arrival into our US distribution center(s). Orders that have been left in our distribution center for over 30 days and are still unpaid will be considered abandoned. The order will be cancelled. If it is a customized order, the deposit will be forfeited.
For all orders that are canceled prior to items shipping, no delivery fee will be charged.
Should you decide to cancel a return and keep the item after a refund was issued, we will charge your credit card in the amount of the refund issued.
To cancel an order, please visit the “Orders” section of your account or contact us at firstname.lastname@example.org.
If we are required to collect sales or use tax, you agree that the amount of tax shown at checkout may be adjusted to reflect the actual sales or use tax applicable to your purchase. Several factors may cause adjustments to the sales or use tax, such as variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible in our product and service descriptions and pricing. However, in the event of an error, whether on the Galerie Avant-Garde website, at a physical showroom, or in an order confirmation or delivering a product or service, we reserve the right to revise the order accordingly (to include correct pricing) or to agree to cancel your order and process your refund.
4.6 SHIPPING AND HANDLING
You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time.
Although we strive to provide the best estimates on your shipping and delivery dates, circumstances beyond our control may cause these dates to vary. Please note that all dates are approximate. Products that are delivered by our white glove and/or entryway services will require an appointment with you for in-home delivery.
It is your responsibility to ensure that all furniture items will fit through all doorways, up stairwells, down halls, and around corners into the desired location. If Galerie Avant-Garde is unable to deliver your regular stock furniture to the desired location, you will be charged a 50% restocking fee in accordance with our Return Policy. We are unable to deliver furniture above the third floor without an elevator. For any tight fit, the driver may request that you sign a damage waiver prior to attempting delivery.
Please notify Galerie Avant-Garde of any special requirements in order to complete your delivery. This includes, but is not limited to, small trucks to navigate narrow roads and driveways, restricted delivery time frames due to local ordinances, proof of insurance for high rise and condominium buildings and service elevator reservations. Orders that are cancelled or rescheduled due to special requirements not communicated prior to delivery will be charged the appropriate fees.
An authorized adult must be home during your scheduled delivery window to accept and inspect your items and sign the delivery ticket. If no authorized adult is home to receive your scheduled delivery, you will be charged an additional delivery fee to reschedule the second delivery.
Title to, and the risk of loss for, all products pass to you upon delivery to you.
4.7 WHITE-GLOVE SERVICE
Some products that are oversized, heavy, fragile or one of a kind are delivered by our white-glove service to ensure that they arrive safely. White-glove products cannot be shipped by any other delivery method because of their weight, their size and/or the special care and handling they require.
As part of our white-glove service, we will bring the product(s) into your home, perform light assembly (e.g., attaching the legs to a table and inserting hardware) and dispose of the packaging materials. Our white-glove service is unable to provide more-involved types of assembly and construction, or installation, and we cannot move existing furniture or make any modifications to your home. Please measure your space carefully (doorways, elevators, stairways, etc.) before placing your order to ensure that all items will fit into your home. In the event a product does not fit, it will be returned to our distribution facility and the original shipping charges, shipping costs to our facility, as well as a restocking fee will be charged to your account. A credit for the balance of the remaining balance after these charges are assessed will be posted to your account to be used as a credit towards a future purchase.
Please contact email@example.com to inform us of any potential delivery challenges in your home, such as multiple flights of stairs or a narrow or long driveway. Note that additional charges may apply in such instances.
4.8 DAMAGED OR MISSING PRODUCTS
Upon receipt of your order, please be sure to inspect your products before our delivery team leave the premises. In the unlikely event you receive a damaged product, Galerie Avant-Garde will replace the product or issue a refund (including any applicable shipping charges) at no cost to you. In the event a replacement/exchange cannot be made, we reserve the rights to offer a substitute or refund.
Please contact firstname.lastname@example.org to provide us details of the delivery and any related damaged product.
In the event you do not inspect your product upon delivery, it is deemed that you have received the product(s) in good condition and hence any complaints thereafter will not be honored.
In the event you observe significant damage to the product’s outer packaging, and, upon opening find damages to such, please reject the shipment, document the incident, and have the carrier return it to us.
Please note that some products, including many custom order items, are shipped directly from our suppliers, and others are shipped to our warehouse first for repackaging. As a result, these type of purchases may arrive in multiple shipments tracked under multiple order reference numbers. Please contact us at email@example.com to obtain a return authorization for these items.
Please visit the “Orders” section of your online Galerie Avant-Garde account to track the status of your orders. In the event all your shipments have been delivered and you are still missing products, please contact firstname.lastname@example.org immediately.
4.9 RETURNS AND REFUNDS
Please refer to our Return Policy for full information on the Galerie-Avant Garde Return Policy.
5. License to Access and Use Our Services and Materials
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Materials”), are the proprietary property of Galerie Avant-Garde or our licensors and are protected by U.S. and international copyright and trademark laws.
You are hereby granted a limited, nonexclusive, nontransferable, non-sub licensable license to access and use the Services and Materials. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Services or Materials unless you have our prior written approval; (b) distribute, reproduce, publicly perform or publicly display any Materials, except as expressly permitted by Galerie Avant-Garde; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Services or Materials; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the technology underlying the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law and, in that case, only if you notify us in writing in advance; (h) copy, frameset, enclose or otherwise distribute any part of the Services; or (i) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Galerie Avant-Garde or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
6. Copyright Complaints; Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, individuals who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
c/o Legal Department
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Galerie Avant-Garde,” the Galerie Avant-Garde logo and any other Galerie Avant-Garde product or service names, logos or slogans that may appear on the Services or products are trademarks of Galerie Avant-Garde and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Galerie Avant-Garde” or any other name, trademark or product or service name of Galerie Avant-Garde without our prior written permission. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Galerie Avant-Garde may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Galerie Avant-Garde.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Galerie Avant-Garde or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Galerie Avant-Garde logo or other proprietary graphic of Galerie Avant-Garde to link to the Services without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Galerie Avant-Garde trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our prior written consent.
Galerie Avant-Garde makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
9. Third-Party Content
We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:
Transmit any information, data, text, images, files, links or software through the Services, except as authorized by us; Use or attempt to use another member’s account without authorization from such member and Galerie Avant-Garde;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Introduce to the Services any viruses, worms, Trojan horses and/or harmful codes;
Obtain unauthorized access to any computer system, including, without limitation, access to any API that may be provided by Galerie Avant-Garde in a manner not authorized by us;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services you are not authorized to access;
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
Impersonate any other person, including, but not limited to, a registered member of the Services or an employee of Galerie Avant-Garde;
Invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity;
Conduct fraudulent activities;
Develop any third-party applications that interact with User Content or the Services without our prior written consent;
Collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email;
Abuse special discounts, awards or incentives offered by Galerie Avant-Garde (unless otherwise specified, only one offer is valid per person, with a maximum of two per household);
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
11. User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, text, photos, videos, graphics, code, items or other materials (collectively, “User Content”). In the event that you decide to share your User Content with others through the Services or third-party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services.
By using the interactive features and areas of the Services or any third-party platforms on which we have an official presence, you further agree not to create, post, share or store any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates, or misrepresents your affiliation with, any person or entity;
User Content that references or depicts Galerie Avant-Garde or our products or services but fails to disclose a material connection to us, if you have one (for example, if you are an Galerie Avant-Garde employee or paid blogger);
User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
User Content that contains any private or personal information of a third party without such third party’s consent;
User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in our sole judgment, is objectionable, that restricts or inhibits any other person from using or enjoying the Services, or that may expose us or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Services or to our pages or feeds on third-party platforms, you hereby grant Galerie Avant-Garde a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to Galerie Avant-Garde through the Services or through our pages or feeds on third-party platforms, you represent and warrant that (a) such User Content is non confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content; (c) you authorize Galerie Avant-Garde to use such User Content for the purposes described in these Terms; (d) the User Content is accurate and not misleading or harmful in any manner; and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials and other information about Galerie Avant-Garde, the Services and our products and services (collectively, “Feedback”) to us. Feedback is non-confidential and shall become the sole property of Galerie Avant-Garde. Galerie Avant-Garde shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless and defend Galerie Avant-Garde and our respective officers, directors, employees, agents, partners, contractors, vendors, manufacturers, distributors and representatives (the “GAV Parties”) from and against all claims, damages, losses, liabilities, costs and expenses (collectively, “Claims”) that are caused by, arise out of or are related to (a) your use or misuse of the Services or Materials; (b) your purchase or use of any products or services in a manner that is illegal or tortious or that violates the rights of another or constitutes a misuse of the products or services; (c) any User Content or Feedback you provide; (d) your breach of these Terms; or (e) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any Claim and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The GAV Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of the Services, products or services you purchase from us. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the GAV Parties.
THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; OR (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GAV PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES OR MATERIALS (INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES THAT WE DO NOT OWN OR CONTROL) OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED BY GALERIE AVANT-GARDE, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE SERVICES, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GALERIE AVANT-GARDE RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE GAV PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICES AND MATERIALS OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES EXCEED THE AMOUNT YOU PAID TO GALERIE AVANT-GARDE IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY OR, IF YOU HAVE NOT PAID, $100.
THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE THE LIABILITY OF THE GAV PARTIES FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES, OR FOR THE GAV PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
We reserve the right to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time, without notice and without obligation or liability to you. You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events. Under no circumstances will Galerie Avant-Garde or our suppliers be held liable for any damages due to such interruptions or lack of availability.
We reserve the right to terminate your right to access and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
18. Governing Law and Venue
THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, AND YOUR ORDER, RECEIPT AND USE OF PRODUCTS AND SERVICES YOU PURCHASE FROM US SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA, WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES (WHETHER OF THE DISTRICT OF COLUMBIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE BETWEEN THE PARTIES THAT IS NOT SUBJECT TO ARBITRATION OR THAT CANNOT BE HEARD IN SMALL CLAIMS COURT, SHALL BE RESOLVED IN THE COURTS OF THE DISTRICT OF COLUMBIA.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Galerie Avant-Garde with respect to the Services and any products and services you purchase from us and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Galerie Avant-Garde with respect to the same. Galerie Avant-Garde’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms contained herein. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without the prior written consent of Galerie Avant-Garde. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity.
Last Updated: 05/01/2020
We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Policy, and in some cases, we may provide you with additional notice (such as adding a statement to the homepages of our websites or sending you a notification). We encourage you to review the Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.
Collection of Information
INFORMATION YOU PROVIDE TO US
We collect information you provide directly to us. For example, we may collect information when you create an account, use the interactive areas and features of our Services, make a purchase, communicate with us via third party social media sites, participate in a contest or promotion, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, phone number, billing and shipping addresses, credit card information, shopping preferences, demographic information and any other information you choose to provide.
INFORMATION WE COLLECT AUTOMATICALLY
When you access or use the Services, we automatically collect information about you, including:
Log Information: We log information about your use of the Services, including your access times, pages viewed, Internet Protocol ("IP") address, browser type and language and the website you visited before navigating to our Services. We may also infer your geographic location based on your IP address.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to, among other things, improve our Services and your experience, see which areas and features of our Services are popular and count visits.
INFORMATION WE COLLECT FROM OTHER SOURCES
We may also obtain information from other sources and combine that with the information we collect through our Services. For example, if you create or log into your Galerie Avant-Garde account through a third party social media site, we will have access to certain information from that site, such as your name, email address, account information and friends lists, in accordance with the authorization procedures determined by such social media site.
USE OF INFORMATION
We may use information about you for various purposes, including to:
Operate and improve the Sites and our services;
Provide the products, services and information you request, process transactions and send you related information, including confirmations and receipts;
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments and questions and provide customer service;
Confirm orders attributable to your account and track the results of invitation referrals;
Monitor and analyze trends, usage and activities in connection with the Services;
Personalize and improve the Services and provide advertisements, content or features that match your profile and interests;
Process and deliver contest entries and rewards;
Communicate with you about new products, services, contests, promotions, rewards, special offers, upcoming events and other news about Galerie Avant-Garde and our selected partners;
Link or combine with other information we receive from third parties to help understand your needs and provide you with better service; and
Carry out any other purpose for which the information was collected.
Galerie Avant-Garde may store and process personal information in the United States.
SHARING OF INFORMATION
We will not share your personal information with third parties other than as follows:
with third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us;
when you give us your consent, including if we notify you on the Services that the information you provide will be shared in a particular manner and you provide such information;
when you sign up for and participate in the interactive areas of our Services, certain information about you may be displayed publicly;
in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Galerie Avant-Garde or others; and
in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Galerie Avant-Garde takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
You may update, correct or delete information about you at any time by logging into your online account or sending an email with your request to email@example.com. If you wish to deactivate your account, please email us at firstname.lastname@example.org, but note that we may retain certain information about you as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional communications from Galerie Avant-Garde at any time by contacting email@example.com. If you opt out, we may still send you non-promotional communications, such as emails about your account and our ongoing business relations. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
CALIFORNIA PRIVACY RIGHTS
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please write to firstname.lastname@example.org.