Terms & Conditions for Dandreame Gallery
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DANDREAME GALLERY TERMS OF USE
Last Updated: March 16, 2021
Welcome to Dandreame Gallery. These Terms of Use ("Terms") are an agreement between you ("you" or "your") and, Inc. d/b/a Dandreame Gallery (“Dandreame Gallery" or "we" or "our" or "us") that governs your access to and use of our website, products, and services (collectively, "Services"). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.
1. BASIC TERMS
1.1 You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of thirteen (13). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.
1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms "you" and "your" in these Terms will refer to that entity.
1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services ("Service Terms"). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.
1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at https://www.dandreame.com/privacy-police. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.
1.5 Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.
1.6 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for a Dandreame Gallery account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please use the "unsubscribe" button on the email, or contact us at https://www.dandreame.com/privacy-police to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.
1.7 You are responsible for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us at your own cost.
2. DEFINITIONS
In these Terms:
"User" means any person or entity that accesses or uses our Services in any way.
"Content" means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both Dandreame Gallery Content and User Content.
“Dandreame Gallery Content" means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
"User Content" means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
"Your User Content" means any and all User Content that you submit, post, publish or otherwise provide on or through our Services.
"on our Services" means on the Dandreame Gallery website.
"including" means "including but not limited to" unless we specifically indicate otherwise.
3. OWNERSHIP
3.1 All Content is owned by Dandreame Gallery or by others who have licensed their Content to us, and is protected by UE and international copyright laws, trademark laws, and/or other proprietary rights and laws. Our Services are also protected as a compilation and/or collective work under UE and international copyright laws.
3.2 The trademarks, service marks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks and service marks of Dandreame Gallery or third parties in the UE and/or other countries.
3.3 As between you and Dandreame Gallery, Dandreame Gallery owns and retains, solely and exclusively, all rights, title, and interest in and to our Services, the look and feel, design and organization of our Services, all Dandreame Gallery Content, and the compilation of all Content on our Services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
3.4 These Terms do not grant you any ownership over any Content, or any intellectual property rights in any Content, although you remain the owner of any intellectual property rights that you may have in Your User Content.
3.5 Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of Dandreame Gallery or any third party, whether by implication or otherwise.
3.6 These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
3.7 We welcome feedback, comments and suggestions about our Services ("Feedback"). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.
3.8 We reserve all rights not expressly granted to you in these Terms.
4. GENERAL CONTENT TERMS
4.1 Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
4.2 Subject to these Terms, you may access and view Content within our Services for your own personal, non-commercial use, in the context of your Dandreame Gallery User experience, in accordance with the normal functionality and restrictions of our Services.
4.3 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.
4.4 Some Services may enable you to post, embed or transmit some Content in a way that will be accessible to others on our Services or in other locations online (such as other websites and social media services). You may use such Services in accordance with their normal functionality and restrictions, as permitted by any applicable Service Terms. However, the availability of such Services does not imply or give you permission to reproduce, distribute or otherwise use such Content in any other way, whether on our Services or in any other location.
4.5 If you are a teacher, you may display Content on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually. However, please note that as per section 1.1, your students are not allowed to use our Services if they are under the age of thirteen (13).
4.6 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
4.7 Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
5. OPEN ACCESS IMAGES
5.1 Certain images of artwork or other objects displayed on our Services may be available to download and use independently outside our Services ("Open Access Images"). Open Access Images are sourced from third parties (such as certain museums or other organizations) that have made the images available for unrestricted use, or for use under certain conditions (such as attribution requirements or additional licenses).
5.2 In order to notify you which images are Open Access Images, we will provide a button marked "Download Image" (or an equivalently marked image downloading tool) with each Open Access Image on our Services ("Image Downloading Tool"). Where available, the Image Downloading Tool will be provided on the listing page for the artwork or other object depicted in an Open Access Image. Please note that if we do not provide an Image Downloading Tool with an image on our Services, that image is not considered an Open Access Image under these Terms.
5.3 You may download Open Access Images from our Services using the Image Downloading Tool that we provide, and you may use Open Access Images without restriction, subject to any applicable laws, and any applicable third-party rights and conditions. However, please note that this permission applies only to any rights that Dandreame Gallery itself may have with respect to the use of Open Access Images.
5.4 We are not granting any permission or otherwise acting on behalf of any third party in connection with any Open Access Images. We do not represent or warrant that the use of any Open Access Images in any way will not violate the copyrights or other rights of third parties (such as trademark rights, privacy rights or publicity rights).
5.5 When you download or use Open Access Images in any way, you are solely responsible for determining and complying with any applicable third-party rights and conditions.
5.6 To help you determine what conditions may apply to the use of Open Access Images, certain rights information, source-identifying information, and conditions may be posted on our Services (for example, as part of the listing for the artwork or other object depicted in an Open Access Image). However, you agree that we have no obligation to post any such information or conditions on our Services, and that whether or not any such information or conditions are posted on our Services, additional conditions not posted on our Services may still apply, and you are responsible for determining and complying with them.
5.7 You acknowledge and agree that: (i) your use of Open Access Images is at your own risk; and (ii) we will not be liable to you or any third party for any claims, demands, damages or losses of any kind resulting directly or indirectly from your use of or inability to use any Open Access Images in any way.
6. MARKETPLACE
6.1 Our Services include an online marketplace where Users may browse, buy, bid on, list, market, offer for sale, and sell artwork and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property listed on our Services or otherwise.
6.2 Minors are not allowed to use our Services as buyers or bidders. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that they are at least eighteen (18) years old and are otherwise able to enter into and form binding contracts under applicable law.
6.3 Users must receive our express written permission and may be required (at our sole discretion) to provide additional information and/or to meet additional eligibility requirements before they are allowed to list, market, offer or sell property on or through our Services. As an additional example, Users who may wish to bid and/or buy in auctions may also be required to provide additional documentation (including, without limitation, financial information) before being permitted to do so.
6.4 Our Conditions of Sale contain important information and additional terms and conditions that apply to our marketplace. It is your responsibility to read them carefully before buying, bidding on, inquiring about, listing, marketing, offering or selling any property on or through our Services. Our Conditions of Sale are incorporated into and considered part of these Terms.
6.5 As a marketplace, unless otherwise agreed to or noted in writing, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services (whether online or offline).
6.6 We may facilitate communication or payment between buyers, prospective buyers and bidders in connection with some property. However, such Services are offered for convenience only. We have no agency authority and are not the agent of any buyer, prospective buyer or bidder for any purpose. Our involvement in any sale transaction is limited to providing this marketplace. We may, but are not obligated to, provide intermediary services between buyers, prospective buyers and bidders in connection with customer service or dispute resolution matters. In the event we elect in our sole discretion to provide intermediary services, we will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Our decision is final and binding on all parties and cannot be appealed, challenged or reversed.
6.7 We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer or bidder. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer or bidder. We make no representations or warranties that any buyer, prospective buyer or bidder will complete any transaction or otherwise perform as promised.
6.8 We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users' listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.
6.9 We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.
7. GENERAL RESTRICTIONS
7.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
create a false or misleading Dandreame Gallery account or User profile with inaccurate or untrue information;
use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
access our Services by any means other than the interface and instructions that we provide;
access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
breach, disable or circumvent any security or authentication measures on or in connection with our Services;
interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
use any meta-tags or other hidden text or metadata containing any Dandreame Gallery trademark, service mark, product name, or URL without our express prior written permission;
use any Dandreame Gallery trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Dandreame Gallery trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.
7.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User's account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User's conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, Service Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
8. MOBILE APPLICATIONS
8.1 As part of our Services, we may offer you the use of Dandreame Gallery mobile applications, including applications that may be accessed through the iTunes App Store ("iTunes-Sourced Apps") and applications that may be accessed by other means.
8.2 Your use of our mobile applications is subject to these Terms and any applicable Service Terms that we may post on our Services or otherwise make available to you in connection with our mobile applications.
8.3 We may update any of our mobile applications without notice, at any time at our sole discretion, and these Terms will apply to any updated versions.
8.4 The following terms and conditions in this section apply to iTunes-Sourced Apps:
You agree to use iTunes-Sourced Apps only on an iPhone/iPad OS product that you own or control, and as permitted by the App Store Terms of Service.
You acknowledge that these Terms are an agreement between you and us, and not with Apple, and Dandreame Gallery, not Apple, is solely responsible for iTunes-Sourced Apps and the content of iTunes-Sourced Apps.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iTunes-source App.
If any iTunes-Sourced App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such iTunes-Sourced App to you. To the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any iTunes-Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of any iTunes-Sourced App to conform to any warranty will be our sole responsibility. However, please note that we expressly disclaim all warranties to the fullest extent permitted by applicable law (as provided in section 11 of these Terms).
You and we acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to any iTunes-Sourced App or your possession and use of any iTunes-Sourced App, including: (i) product liability claims; (ii) any claim that any iTunes-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any claim by any third party that any iTunes-Sourced App or your possession and use of any iTunes-Sourced App infringes that party's intellectual property rights, as between Dandreame Gallery and Apple, Dandreame Gallery, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such claim to the extent required by these Terms.
By downloading or using any iTunes-Sourced App, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
You and we acknowledge that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to iTunes-Sourced Apps and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms as relates to iTunes-Sourced Apps.
9. OTHER WEBSITES AND SERVICES
9.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.
9.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
9.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
9.4 You acknowledge and agree that the Dandreame Gallery Parties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.
9.5 Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.
9.6 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.
10. DISCLAIMER OF WARRANTIES
10.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH DANDREAME GALLERY AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “DANDREAME GALLERY PARTIES") EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE DANDREAME GALLERY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10.2 If the use of our Services results in the need for servicing or replacing any equipment or data, the Dandreame Gallery Parties will not be responsible for those costs or losses, and we urge you to back up your data at all times.
10.3 No advice or information (whether oral or written) obtained from the Dandreame Gallery Parties, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.
11. GENERAL RELEASE
11.1 We may provide rules for using our Services, but the Dandreame Gallery Parties do not endorse or control and are not responsible for the conduct (whether online or offline) of any User and/or third party on or in connection with our Services.
11.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE PARTIES FROM DANDREAME GALLERY ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
12. LIMITATION OF LIABILITY
12.1 UNDER NO CIRCUMSTANCES WILL ANY OF THE DANDREAME GALLERY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS; (ii) OUR SERVICES; (iii) THE USE OF OR INABILITY TO USE OUR SERVICES; (iv) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY ON OR IN CONNECTION WITH OUR SERVICES; OR (v) ANY CONTENT, GOODS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES (WHETHER ONLINE OR OFFLINE) BY US OR ANY OTHER USER OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID US (IF ANY) TO USE OUR SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.
12.2 THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE IN SUBSECTION 13.1 APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE DANDREAME GALLERY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE IN SUBSECTION 13.1 MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE DANDREAME GALLERY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. INDEMNIFICATION
13.1 You agree to indemnify, defend, and hold harmless Dandreame Gallery and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.
13.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.
14. CHOICE OF LAW AND DISPUTE RESOLUTION
14.1 You agree that all claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by a state court located in Milan, Italy, whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Milan, Italy, for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.
14.2 These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of Italy, and, to the extent applicable, the laws of Italy, excluding any conflict of laws principles, and without regard to your jurisdiction of residence.
14.3 You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.
14.4 The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to our Services, these Terms, or any other agreement between you and us.
14.5 Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.
15. INTERNATIONAL USE
15.1 Our Services are based in Italy and we do not represent or warrant that our Services will be appropriate or available for use outside the Italy.
15.2 If you are located outside Italy, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. If you are located in the UE, please refer to our Privacy Police regarding the transfer of data from the UE to Italy.
15.3 You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from Italy.
15.4
a) Neither you, nor the entity you represent, if applicable, is a resident (if an individual) or located in or organized under the laws of (if an entity) Cuba, Iran, North Korea, the Crimea region of Ukraine, or Syria.
b) Neither you, nor the entity you represent, if applicable, is, or are owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of the Italy Department of Treasury, or any governmental or public entity or official of Cuba, Iran, North Korea, or Syria; and
c) Neither you, nor the entity you represent, if applicable, will transfer or facilitate the transfer of any item purchased or otherwise obtained via Dandreame Gallery, to any person who is, or who is owned or controlled by, or acting on behalf of, a person that is the subject of any sanctions administered or enforced by any relevant sanctions authority including, but not limited to, the Office of Foreign Assets Control of Italy. Department of Treasury; or to any governmental or public entity or official of Cuba, Iran, North Korea, or Syria.
16. CHANGES TO OUR SERVICES
16.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
16.2 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.
17. CHANGES TO THESE TERMS
17.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.
17.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.
17.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
17.4 You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.
17.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.
17.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
17.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.
18. TERMINATION
18.1 You may stop using our Services at any time, subject to any other agreements between you and us.
18.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.
18.3 After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 5 (User Content and Communications), 7 (Marketplace), 10 (Other Websites and Services), 11 (Disclaimer of Warranties), 12 (General Release), 13 (Limitation of Liability), 14 (Indemnification), 15 (Choice of Law and Dispute Resolution), 16 (International Use), 17 (Changes to our Services), 18 (Changes to these Terms), 19 (Termination), and 23 (Miscellaneous).
19. COPYRIGHT POLICY
19.1 We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to notices of claimed copyright infringement that are properly provided to our designated copyright agent ("Copyright Agent"), whose contact information is listed below.
19.2 We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.
19.3 If you believe that Content on our Services has been used in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing all of the following information ("DMCA Notice"):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the Content that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate such Content on our Services;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.4 If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing, or that the use of such Content is authorized by the copyright owner, the copyright owner's agent, or the law, you may provide our Copyright Agent with a written counter-notice containing all of the following information ("Counter-Notice"):
your physical or electronic signature;
identification of the Content that was removed or to which access was disabled, and the location at which such Content appeared on our Services before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Dandreame Gallery may be found, and that you will accept service of process from the person who provided the notice of claimed infringement or an agent of such person.
19.5 Our Copyright Agent designated to receive DMCA Notices and Counter-Notices may be contacted as follows:
By postal mail: Dandreame Gallery, Attn: Copyright Agent, Via Bergamo 10, Milan, 20135, Italy.
By email: dandreamegallery@gmail.com
By phone: +39 3804327801
19.6 You acknowledge that your DMCA Notice or Counter-Notice may not be valid if it is not addressed to our Copyright Agent or it does not provide substantially all of the information specified above. To help us receive your DMCA Notice or Counter-Notice in a timely manner, please send it by email if possible.
19.7 If you provide us with a DMCA Notice, you agree that we may send a copy of it (including your name and contact information) to the provider of the disputed Content.
19.8 Please note that the procedure described above in this section is intended to comply with our rights and obligations under the DMCA, but does not constitute legal advice. Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal liability for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. If you are not sure whether you are (or are authorized to act on behalf of) the owner of an exclusive right in any disputed Content, you may wish to consult an attorney about your rights and obligations under the DMCA and any other applicable laws.
20. JOB LISTINGS
20.1 We may post information and listings on our Services or on third-party social media services describing careers with Dandreame Gallery, internships, or positions for which we are or may be hiring.
20.2 Please note that such information and listings are for general informational use only, may be changed by us at any time without notice, and are not an offer of employment or any other offer or warranty by us.
20.3 Please note that if you would like to apply to an open position posted on our site, you will be referred to a third party site in order to submit your application.
21. PROMOTIONS
21.1 We may offer or conduct promotions, sweepstakes or contests ("Promotions") on or in connection with our Services from time to time, by ourselves or in conjunction with third parties.
21.2 Your participation in Promotions is subject to these Terms and any official rules that we may post on our Services or otherwise make available to you in connection with Promotions ("Promotion Rules"). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules will control to the extent of the conflict as relates to those Promotions.
22. MISCELLANEOUS
22.1 These Terms, including our Privacy Policy, Conditions of Sale, and Service Terms, other applicable agreements with us, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.
22.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.
22.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an Dandreame Gallery representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.
22.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.
22.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.
22.6 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.
22.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation.
23. HOW TO CONTACT US
23.1 If you have questions about these Terms or our Services, please email us at: dandreamegallery@gmail.com.
23.2 Dandreame Gallery is located at: Via Bergamo 10, Milan, 20135, Italy.
24. EFFECTIVE DATE
These Terms are effective March 16, 2021.
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DANDREAME GALLERY CONDITIONS OF SALE
Last Updated: March 17, 2021
These Conditions of Sale (“Conditions”) describe the relationship between Dandreame Gallery, Inc. d/b/a Dandreame Gallery (“Dandreame Gallery” or “we” or “our” or “us”) and the buyers, prospective buyers and bidders that use the Dandreame Gallery website, products, and services (collectively, the “Services”). By using the Services to buy, bid on, inquire about, list or market any property, you (“you” or “your”) agree to be bound by these Conditions. Please read these Conditions carefully, and feel free to contact us if you have any questions.
1. BASIC CONDITIONS
The Services include an online marketplace and tools to buy, bid on, inquire about, list, market, offer for sale, and sell artwork and other property. All property is offered for sale and sold directly from Dandreame Gallery to the buyer. If you are using the Services on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to bind that entity to these Conditions, in which case the terms “you” and “your” in these Conditions will refer to that entity. In these Conditions, “on the Services” means on the Dandreame Gallery website and/or (as applicable) on any Dandreame Gallery application that you may use. By using the Services in any manner, you also accept our Terms of Use which governs your access to and use of the Services and our Privacy Policy, which describes our practices for the collection and use of your information.
2. INQUIRIES
The Services may include features that enable you to contact us regarding property listed on the Services (“Inquiry”). We will have no obligation to accept or respond to any Inquiry and no liability for any delay or failure to do so.
3. ONLINE PURCHASES
You may be able to place orders to purchase some property on the Services using the online purchase feature (“Online Purchase”). Where available, the Online Purchase feature will be indicated on the Services with a “Purchase” or "Buy Now" button. Online Purchase orders are binding on the buyer. When you place an order using the Online Purchase feature, you are required to complete the transaction subject to these Conditions. For some property, the Online Purchase feature may be available in addition to competitive auction bidding, in which case the Online Purchase feature will be available until the current bid for such property meets or exceeds the starting bid, or, if such property has a Reserve (see section 8 below), until the current bid for such property meets or exceeds the Reserve. If such property is ordered using the Online Purchase feature, it will be withdrawn from the auction pending completion of the Online Purchase sale.
4. DANDREAME GALLERY SALES
Only Dandreame Gallery can sell property through the Services.
5. WITHDRAWAL
Dandreame Gallery reserve the right to withdraw any property from the Services at any time, and will have no liability whatsoever for any such withdrawal. With respect to property available for bidding or listed with the Online Purchase feature, this withdrawal right applies before, during and after any auction or Online Purchase sale.
6. AUCTION SALES
Bidder Registration and Requirements. In order to bid, you will need to register as a bidder, providing any required contact and payment information, and completing any required forms. We may require you to provide documentation of your identity, bank or other financial references, and other qualifying information in order to bid at any time. We may also require that you deposit a portion of any bid that you place, in which case, if you are not the winning bidder, your deposit will be refunded to you, and if you are the winning bidder, your deposit may be used to offset the appropriate portion of the purchase price. In any case, we may refuse registration or bidding access to any bidder at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to bid using your Dandreame Gallery login credentials.
Automatic Bidding. Our online bidding system is an automatic bidding system. When you place a bid on the Services, you enter the maximum amount that you are willing to pay for the item (your “Maximum Bid”). The amount you enter can be the next minimum bid indicated on the Services or any greater amount. When you enter your Maximum Bid, the system will automatically place a bid for you at the amount of the next minimum bid. As the auction continues, the system will continue to bid automatically for you by increments, up to your Maximum Bid, only as much as necessary to maintain your position as the highest bidder. We may modify, add or remove bidding increments at our sole discretion at any time before, during or after any auction.
Bidder’s Responsibility. Each bidder that places a bid is required to complete the transaction if they place the winning bid (or their bid is otherwise accepted), as a bid is a legally binding commitment to purchase the item if you are the winning bidder. When you place a bid on any item, you are accepting personal liability for the purchase price, any applicable taxes, any and all shipping and packing costs, and all other applicable charges. You also represent and warrant that any bids placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
Our Discretion. We reserve the right, at our absolute discretion, to: (i) reject or revoke your permission to bid at any time before, during or after any auction; (ii) reject, revoke or refuse to accept any bid at any time before, during or after any auction (even bids that have been previously confirmed, whether on the Services, by email, text message or otherwise); (iii) determine bidding increments and otherwise advance bidding on the Services at any time in any manner we may decide; and (iv) restart or continue bidding during or after any auction conducted on the Services.
All Bids are Final. Please note that all bids are final once submitted and may not be cancelled or modified by you, except with our express written consent under circumstances that we consider appropriate at our sole discretion. Potential examples include if a bidder accidentally enters the wrong bid amount on the Services (e.g. €10,000 instead of €1,000), if there is a material change to an item’s listing on the Services after a bid is placed, or if an item is withdrawn from an auction. You must contact us immediately after placing the bid at issue in order to request to cancel or modify any bid placed in error.
Reserves. Some items in an auction may be offered for sale subject to a reserve price (“Reserve”), as indicated on the Services, which is the confidential minimum price below which the item will not be sold. An item’s Reserve will not exceed its low pre-sale estimate, if applicable. When you bid on an item with a Reserve, if your Maximum Bid meets or exceeds the Reserve, the system will automatically increase your bid to meet the Reserve, according to our automatic bidding increments. We may implement the Reserve for any item by opening bidding on behalf of us, and may continue to bid on behalf of the us up to the amount of the Reserve, by placing consecutive or successive bids or bids in response to other bidders.
**Buyer’s Premium.**Some items in an auction may be offered for sale subject to a buyer’s premium, as indicated on the Services, which is an additional charge the buyer is required to pay, calculated as a percentage of the item’s final hammer price. If an item is subject to a buyer’s premium, this will be indicated on the Services, along with the rate of the buyer's premium, and the winning bidder will be required to pay the buyer’s premium, plus any applicable taxes, in addition to the final hammer price.
**Artist Resale Royalty.**Some items in an auction may be offered for sale which shall include an artist resale royalty, as indicated on the Services, which is an additional charge the buyer may be required to pay, calculated as a percentage of the item’s final hammer price. If an item is subject to an artist resale royalty, this will be indicated on the Services, and the winning bidder will be required to pay the artist resale royalty in addition to the final hammer price.
Countdown Clock and Closing. We may display a countdown clock on the Services in connection with some auctions. This is provided for general informational use only and does not constitute any warranty as to the closing time of any item. If you are interested in an item, you should refer to its individual listing on the Services to see if bidding has closed and should not rely on the countdown clock. If a bid is placed on an item during the last five minutes before its original closing time, we will have the right at our sole discretion, but no obligation, to extend bidding for such item for an additional five minutes after the original closing time, and may continue to extend bidding for such item until five minutes pass without any bids being placed. The extension of one item’s closing time will not affect the closing time of any other item. You may need to refresh or reload the bidding page on the Services to see if bidding for an item has closed.
Offline Auctions. Some property available for bidding on the Services may be offered for sale in an auction conducted offline (“Offline Auction”) by a party other than us ("Offline Auctioneer"). In such cases, we may collect bids on such property through the Services before the Offline Auction, and may transfer those bids to the Offline Auctioneer to execute against other bidders in the Offline Auction. Bidding for such property on the Services will close the day before the Offline Auction or at such other time as indicated on the Services. The Offline Auctioneer may have different bidding increments than us, and you agree that (as applicable) your Maximum Bid may be executed in the Offline Auction according to the Offline Auctioneer’s bidding increments without further notice to you, up to the amount of your Maximum Bid. In any case, the Offline Auctioneer reserves the right to reject any bid at any time at its absolute discretion, and we and the Offline Auctioneer will have no liability whatsoever for any such rejection. After the Offline Auction, the Offline Auctioneer will contact winning bidders directly to collect payment, arrange for delivery or pickup of purchased property, and conduct any other applicable post-sale activities, and we will have no responsibility to such bidders in these regards unless we expressly indicate otherwise. For example, we may sometimes accept payment from winning bidders on behalf of the Offline Auctioneer, in which case we will notify such bidders directly that we are doing so.
Absentee Bidding. We may offer absentee bidding Services in connection with some auctions, whereby we may collect bids via telephone, email and/or written forms (“Absentee Bidding Services”). All bids placed via Absentee Bidding Services are subject to our discretion and (with respect to Offline Auctions) the discretion of the Offline Auctioneer, as stated above in these Conditions. We offer Absentee Bidding Services for convenience only and do not guarantee or represent that they will be available at any time. We may refuse Absentee Bidding Services to any person at any time (even during an auction) at our sole discretion, and we will have no liability for any failure or refusal to provide Absentee Bidding Services under any circumstances. Bidders are responsible for their own expenses in connection with Absentee Bidding Services, including but not limited to any computer and telephone equipment and network provider costs, as applicable.
Live Auction Integration (“LAI”). As part of the Services, and with respect to certain auctions, we may provide users of the Services the ability to access and bid online in a live auction undertaken by a third-party. All bids placed through the Services are subject to these Conditions, wherever the Services are accessed. Furthermore, any bids made in any applicable auctions with LAI functionality placed through LAI are subject to this section and any applicable conditions of sale identified by the live auction third-party; regarding the placing of bids using LAI, if there is any inconsistency between the terms in this section and other section of the Conditions, this section shall prevail.
LAI bidding activity may be recorded. We may provide a deadline for you to register for LAI prior to an applicable auction, and your registration may be subject to the review, vetting and approval of us or the live auction third-party. You acknowledge that your registration for the applicable auction is not guaranteed, and you may not be permitted to participate in the auction in the sole and absolute discretion of us or the live auction third-party.
LAI is provided as an alternative bidding service and should not be considered a replacement for bidding in the live auction room. You are responsible for making yourself aware of all sale room notices and announcements for such live auction, and are advised to examine any lot in which you are interested, whether in person or by requesting information (if available) through the individual lot listing pages on the Services. If you click on the “Bid” button and your bid is successfully sent, your bid will be reviewed and, if accepted by us, will be submitted on your behalf to the auctioneer (the “Auctioneer”); provided, however, that the acceptance of any and all such bids are subject to the discretion of the Auctioneer. Once accepted by the Auctioneer, your bid will be valid and binding until the sale of the lot closes. You may enter a Maximum Bid, and the system will bid automatically by increments up to your Maximum Bid, only as much as necessary to maintain your position as highest bidder. Bidding increments, including any possible Maximum Bid, will match the increments set by the live auction third-party.
During a live auction with LAI, bids other than internet bids will be displayed on your computer screen as "floor" bids. "Floor" bids include, without limitation, those bids taken from the live auction room, telephones, bids from other online platforms, or bids made by the Auctioneer to protect the Reserve. In the event of a tie between an online bid and a "floor" bid, the "floor" bid generally will take precedence, subject to the Auctioneer’s sole and absolute discretion, provided, however, that the LAI clerk reserves the right to make amendments to correct any “floor” bids that are mistakenly represented on your computer screen, and in such cases, your bid, once accepted by the Auctioneer, may become the highest bidder and winning bid. LAI bids submitted and accepted are final and, under no circumstances, will you be permitted to amend or retract your bid, and if you are the highest bidder for the lot, you accept liability to pay the Total Purchase Price. Once you have bid, the next available bidding increment will be shown for your convenience on your computer screen. The available bidding increment may not reflect the bid that is subsequently taken off the floor, as the Auctioneer may deviate from the automatic bidding increments at any time, at their discretion. While the Auctioneer may vary increments at their discretion, you will not be able to place a bid in an amount other than a whole bidding increment.
The record of sale kept by the Auctioneer will be taken as absolute and final in all disputes. In the event of a discrepancy between any online records or messages provided to you and the record of sale kept by the Auctioneer, the record of sale will govern. After the auction, the live auction third-party will contact winning bidders directly to collect payment, arrange for delivery or pickup of purchased property, and conduct any other applicable post-sale activities, and we will have no responsibility to you in these regards unless we expressly indicate otherwise.
WE DO NOT WARRANT THAT THE SERVICES, INCLUDING LAI, WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS WILL BE RECEIVED BY THE AUCTIONEER OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION. WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE OF ANY THIRD PARTY TO ACCESS THE SERVICES OR BID IN THE AUCTION USING LAI. WE ALSO DO NOT GUARANTEE THE PERFORMANCE OF ANY THIRD PARTY’S OBLIGATIONS IN CONNECTION WITH SUCH AUCTION.
Bidding at Live Events. We may make the Services (including Absentee Bidding Services) available at events affiliated with other organizations. All bids placed through the Services are subject to these Conditions, whether the Services are accessed at a live event or any other location.
Bidding Information. If you use the Services to bid in any auction, you agree that we may collect your name, email address and other contact information, and bidding information, and we may contact you about your participation in that auction.
Bidding Record. Our own internal records related to bidding through the Services will be final and binding in all disputes. In the event of any inconsistency between our own internal records and any information provided to any bidder (whether on the Services, by email, text message, orally or otherwise), our own internal records will control.
7. BUY NOW AND MAKE OFFER
Features. You may be able to place orders to purchase some property on the Services using the online purchase feature (“Buy Now”) or make an offer feature (“Make Offer”). Where available, the Buy Now feature will be indicated on the Services with a "Buy Now" button. Buy Now orders are binding on the buyer. When you place an order using the Buy Now feature, you are required to complete the transaction subject to these Conditions. If such an item is ordered using the Buy Now feature, it will be withdrawn from the available inventory Dandreame Gallery has pending completion of the Buy Now sale. For some items, the Make Offer feature may also be available, indicated on the Services with a “Make Offer” button. In these cases, you may be able to place an offer for such items using the feature, and we may choose to accept your offer or respond with a counter-offer. The property will not be removed from Dandreame Gallery’s inventory until such time as we accepts either Buy Now or Make Offer.
Requirements. In order to participate in Buy Now/Make Offer, you will need to provide any required contact and payment information, and complete any required forms. We may require you to provide documentation of your identity, bank or other financial references, and other qualifying information. We may also require that you deposit a portion of any purchase price or offer that you place, in which case, if the sale is not finalized, your deposit will be refunded to you. In any case, we may refuse access to any person at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to use your Dandreame Gallery login credentials.
Buyer’s Responsibility. Each buyer that places an order using “Buy Now” or makes an offer using “Make Offer” is required to complete the transaction if they hit the “Buy Now” button, or if their offer which they made using the “Make Offer” function is accepted. When you purchase property or make an offer on any item, you are accepting personal liability for the Total Purchase Price (defined below). You also represent and warrant that any purchases made or offers placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.
Our Discretion. We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to “Buy Now” or “Make Offer” at any time; and, (ii) reject, revoke or refuse to accept any such order or offer at any time (even orders or offers that may have been previously confirmed, whether on the Services, by email, text message or otherwise).
All Offers and Sales are Final. Please note that all offers and sales are final once submitted and may not be cancelled or modified by you.
Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase (whether through “Buy Now” or “Make Offer”) the sale contract between the buyer and us is concluded. The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, and/or any other taxes or levies that we are required to collect from the buyer under applicable law; (iii) any and all shipping and packing costs; and (iv) any and all other applicable charges.
Payment Processing. We accept payment from the buyer on behalf of us in connection with sales made using the “Buy Now” and “Make Offer” functions. We use a third-party payment processor, Stripe, that accepts American Express, Visa, MasterCard, Discover, PayPal and Diners Club. We may place limits on any credit card purchase to process any transaction at our sole discretion. You authorize us to send instructions to the financial institution that issued your credit card to take payments from your credit card account in accordance with the terms of our agreement with you. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made for these sales. Currently, all payments in connection with these sales must be made in the currency specified by us unless we expressly agree otherwise in writing. The buyer is responsible for any foreign exchange costs incurred to make all payments to us in UE euros regardless of the buyer’s home currency, should such foreign exchange be necessary. The buyer consents to us retaining commissions out of amounts received from the buyer to Dandreame Gallery for these sales.
Taxes. The buyer is required to pay any and all sales taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay any taxes we are, as applicable, required to collect, but our failure, as applicable, to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes will be collected from the buyer in addition to the listed price.
8. AFTER SALE
Total Purchase Price and Payment Deadline. Subject to these Conditions, upon the confirmation of any Online Purchase, and upon the conclusion of any auction sale, the sale contract between the buyer and us is concluded, and the buyer must pay the Total Purchase Price no later than 5:00 PM ET on the seventh (7th) day after the sale (“Payment Deadline”). The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that we are required to collect from the buyer under applicable law; and (iii) (for items sold in an auction) any applicable buyer’s premium.
Passage of Title and Risk of Loss. We do not transfer and are not responsible for transferring legal ownership of property from Dandreame Gallery to the buyer. The EU Trade Policy will apply to the transfer of ownership between the buyer and Dandreame Gallery, unless the buyer and Dandreame Gallery agree otherwise. We represent that: (i) Dandreame Gallery is the sole owner of each item Dandreame Gallery offers for sale through the Services, or else we are duly authorized by the owner of such item to sell it; and (ii) subject to these Conditions, we are. able to transfer good and marketable title to such item to the buyer free from any claims of third parties. Risk of loss to each item will pass to the buyer when legal title to such item passes to the buyer.
Payment Processing. We may accept payment from the buyer on behalf of us in connection with some sales, in which case we will notify the buyer that we are doing so by email and/or by providing the buyer with an option to check out on the Services. In all other cases, the buyer will pay us directly. We may accept different payment methods and/or have additional terms and conditions that apply to payments made to them, and the buyer will be subject to those terms and conditions as applicable. We may accept payments from buyers by credit card, check or wire transfer at our sole discretion, and have no obligation to accept payment by other means. We accept American Express, Visa, MasterCard, PayPal or Discover only. We may place limits on any credit card purchase and/or use third-party payment processors to process any transaction at our sole discretion. If any credit card payment is not approved, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made to us by credit card or any other means. All payments to us must be made in UE euros unless we expressly agree otherwise in writing. The buyer is responsible for any currency costs incurred to make all payments to us in UE euros regardless of the buyer’s home currency or payment method. If we incur any bank fees receiving any payment from the buyer by wire transfer, the buyer will be responsible for those costs and agrees that (as applicable) we may charge those costs to the buyer. The buyer consents to us paying commissions out of amounts received from the buyer to third parties referring us clients or otherwise assisting us in connection with the sale of property.
Taxes. Unless exempt by law, the buyer is required to pay all sales and use taxes (including VAT)f, export and/or import taxes and duties, and any other transactional taxes or levies (“Transactional Fees”) related to the purchase of property by the buyer. The buyer is required to pay the us any taxes as the we are required to collect, but our failure to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers claiming exemption from any tax are responsible for providing proper documentation. Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of Transactional Fees and any other fees not defined in this Agreement may be collected from the buyer in addition to any listed price.
Shipping and Handling. The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. We are not the agent of any buyer or third party in connection with the shipping, packing or handling of any property. Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased property.
Resale. The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions.
Remedies for Non-Payment. If the buyer for any reason cancels any payment made by credit card or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer will be in default ("Buyer Default") and will be liable for payment of such Total Purchase Price and any other applicable charges. In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us (whether at law, in equity, or under these Conditions), subject to the EU Trade Policy. The defaulting buyer will be liable to us for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue. In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided on the Services, whether or not the buyer provided such credit card information in connection with the sale at issue.
9. EXPORT AND IMPORT LICENSES AND OTHER RESTRICTIONS
Prospective buyers are advised that: (i) some countries may prohibit or require a license or permit in order to export or import some property, including but not limited to property containing material from endangered or other protected plant or animal species; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some property exported from those countries (sometimes called a “right of preemption”). None of Dandreame Gallery and our officers, owners, directors, consultants, agents, and employees (collectively, the “Dandreame Gallery Parties”). It is solely the buyer’s responsibility to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for purchased property. None of the Dandreame Gallery Parties will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property, transportation restriction, or other action taken by any government or public authority.
10. STAFF PARTICIPATION
Dandreame Gallery staff may use the Services as bidders and/or buyers in their personal capacity (i.e. not as our employees, agents or representatives) as long as they do not have any confidential information about the item they are bidding on and/or buying (for example, the Reserve of an item offered for sale in an auction). In all such cases, the staff member is personally subject to these Conditions like any other bidder and/or buyer.
11. “AS IS”
NONE OF THE DANDREAME GALLERY PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, OR ASSUMES ANY LIABILITY OF ANY KIND, WITH REGARD TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE OF ANY SUCH PROPERTY, AND NO STATEMENT ANYWHERE, WHETHER ORAL OR WRITTEN, WHETHER MADE ON THE SERVICES, IN A BILL OF SALE, AN ADVERTISEMENT, ANY OTHER SUPPLEMENTAL MATERIALS OR ELSEWHERE, WILL BE DEEMED SUCH A REPRESENTATION, WARRANTY, OR ASSUMPTION OF LIABILITY. THE DANDREAME GALLERY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE BUYER WILL ACQUIRE ANY REPRODUCTION RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN ANY PROPERTY SOLD, OR WHETHER ANY ARTWORK SOLD IS SUBJECT TO ANY ARTIST’S MORAL RIGHTS OR RESIDUAL RIGHTS. WITH RESPECT TO PROPERTY AVAILABLE FOR BIDDING, ANY ESTIMATE OF THE SELLING PRICE IS NOT TO BE RELIED ON AS A STATEMENT THAT THIS IS THE PRICE AT WHICH THE ITEM WILL SELL OR ITS VALUE FOR ANY OTHER PURPOSE. THE DANDREAME GALLERY PARTIES WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SERVICES OR IN ANY SUPPLEMENTAL MATERIALS. EXCEPT AS STATED IN SECTION 15 BELOW, ALL PROPERTY SOLD IN AN AUCTION OR VIA ONLINE ONLINE PURCHASE IS FINAL SALE AND IS NOT RETURNABLE.
12. AUTHORSHIP WARRANTY
Authorship Warranty. Dandreame Gallery warrants to the buyer for a period of five (5) years from the sale date that if the property sold by us in an auction or via Online Purchase is described as of the sale date in the property listing on the Services in Bold or UPPER CASE type to be the work of a named authorship without qualification, then the property is authentic and is not a forgery (“Authorship Warranty”). This Authorship Warranty is subject to the following terms and conditions: (i) it does not apply to property whose description of authorship on the Services as of the sale date corresponded with the generally accepted opinion of scholars or experts or indicated that there was a conflict of opinions; (ii) it does not apply to property whose authorship as described on the Services as of the sale date is proved inaccurate by means of a scientific process not generally accepted for use until after the sale date or a process which as of the sale date was unreasonably expensive or impractical or likely to have caused damage to the property; (iii) the benefits of the Authorship Warranty are not transferable and apply only to the original buyer of record, and not to their successors or assigns or any other party; and (iv) “authorship” means only the creator of the property, or the period, culture, source or origin of the property, as the case may be, as described in the property listing on the Services in Bold or UPPER CASE type as of the sale date..
Cancellation and Refund. Dandreame Gallery agrees to cancel the sale and refund the purchase price of the property to the buyer subject to the following terms and conditions: (i) the buyer must notify us in writing within sixty (60) days after the buyer first receives any information leading to the belief that the Authorship Warranty has been breached, in any case within five (5) years after the original sale date, and must provide such information to us; (ii) the buyer must have remained the owner of the property without disposing of any interest in it to any third party; and (iii) the buyer must return the property to us in the same condition it was in as of the original sale date. Dandreame Gallery reserves the right, as a condition to cancelling any sale under the Authorship Warranty, to require that the buyer obtain, at the buyer’s expense, the written opinions of two (2) independent and recognized experts in the field mutually acceptable to the buyer and us. Dandreame Gallery will not be bound by any expert opinions produced by the buyer and reserves the right to obtain additional expert opinions at Dandreame Gallery’s own expense. The activities described in this paragraph will be conducted solely by the buyer. We will have no responsibility to the buyer in these regards.
Exclusive Remedy. The buyer acknowledges and agrees that cancellation of the sale and refund of the purchase price subject to the above terms and conditions will be the buyer’s sole and exclusive remedy for any breach of the Authorship Warranty, in place of any other remedy or recourse that might otherwise be available at law or in equity. None of the Dandreame Gallery Parties will be liable to the buyer for any special, incidental or consequential damages arising out of or in connection with any breach of the Authorship Warranty, including, without limitation, loss of profits or interest.
13. DISPUTE RESOLUTION
As we are not the agent of any buyer, prospective buyer or bidder for any purpose, the Dandreame Gallery Parties have no duty to resolve, and will not act as the agent of any buyer, prospective buyer or bidder in connection with resolving any disputes. However, we reserve the right, but are not obligated, to investigate complaints or claims of buyers, prospective buyers or bidders, and you agree to cooperate with us in any such investigations that we may choose to conduct, as permitted by applicable law.
14. GENERAL RELEASE
THE DANDREAME GALLERY PARTIES DO NOT ENDORSE OR CONTROL AND ARE NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY BUYERS, PROSPECTIVE BUYERS OR BIDDERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED OR MARKETED THROUGH THE SERVICES. IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, PROSPECTIVE BUYERS OR BIDDERS IN ANY WAY CONNECTED WITH THE SERVICES OR ANY PROPERTY LISTED, MARKETED THROUGH THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE DANDREAME GALLERY PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
15. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, AND ANY WARRANTIES THAT ANY BUYERS, PROSPECTIVE BUYERS OR BIDDERS WILL COMPLETE ANY TRANSACTIONS OR OTHERWISE PERFORM AS PROMISED, ALL OF WHICH THE DANDREAME GALLERY PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ANY OF THE DANDREAME GALLERY PARTIES BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE EXECUTION OF ANY BIDS (WHETHER ONLINE, OFFLINE, ON THE SERVICES, IN AN EMAIL, OR OTHERWISE), OR FOR ANY INABILITY OR FAILURE TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR FROM ANY BREAKDOWNS OR MALFUNCTIONS OF THE SERVICES OR ANY COMPUTER, DEVICE OR SYSTEM DIRECTLY OR INDIRECTLY AFFECTING THE AVAILABILITY OR OPERATION OF THE SERVICES.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE DANDREAME GALLERY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS, GOODWILL OR OTHER INTANGIBLE LOSSES, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THESE CONDITIONS; (ii) THE SERVICES; (iii) THE USE OF OR INABILITY TO USE THE SERVICES; OR (iv) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. In no event will any of the Dandreame Gallery Parties have any liability whatsoever with respect to the listing, marketing, offer or sale of any property through the Services and our liability to the buyer will be limited to the remedy expressly provided in section 15 of these Conditions under the Authorship Warranty. The exclusions and limitations of liability provided in this section apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the Dandreame Gallery Parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these Conditions is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided in this section may not apply to you, in which case the liability of the Dandreame Gallery Parties will be limited to the fullest extent permitted by applicable law.
17. EU CANCELLATION RIGHTS
Pursuant to the European Union (“EU”) Directive on Consumer Rights (2011/83/EC), a buyer in the EU (an “EU Buyer”) who purchases a lot in a timed/online-only auction or via Buy now or Make offer has a right to cancel such sale contract within fourteen (14) days after they or a person they authorize (other than the carrier) take physical possession of such lot, for any reason and without incurring liability for doing so. An EU Buyer that exercises this cancellation right must return the lot. To exercise this cancellation right, the EU Buyer must inform us through a clear statement (i.e., a letter sent by post or e-mail). This cancellation right is not applicable to EU Buyers who participate in live/public auctions using the Services.
18. CHOICE OF LAW AND VENUE
These Conditions, and the rights and obligations of the parties under these Conditions, will be governed by and construed in accordance with the laws of Italy and, excluding any conflict of laws principles. You agree that any claims or disputes arising out of or related to these Conditions, the Services, or the listing, marketing, offer or sale of property through the Services, must be resolved exclusively by a state court located in Milan, Italy. You and we each agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Milan, Italy, for the purpose of resolving all such claims or disputes, and you waive any objection as to inconvenient forum. The UE Convention on Contracts for the International Sale of Goods will not in any way apply to these Conditions, the Services, or the listing, marketing, offer or sale of property through the Services.
19. CHANGES TO THESE CONDITIONS
We reserve the right to change, modify, add or remove any part of these Conditions at any time at our sole discretion. All changes to these Conditions will be effective immediately when posted on the Services, and you agree to review these Conditions carefully and inform yourself of all applicable changes before buying or bidding on any property. Changes to these Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these Conditions in effect at the time that such transaction, claim or dispute arose. Please save and/or print a copy of these Conditions for your records.
20. MISCELLANEOUS
These Conditions, together with any other applicable terms and conditions made available on the Services, and (as applicable) any written terms and conditions made available by us at a live event where the Services are used for bidding, constitutes all of the terms and conditions on which you may purchase, bid on, or inquire about property through the Services. If any provision of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible, and these Conditions will otherwise remain in full force and effect. No delay or failure by us to exercise or enforce any right or provision of these Conditions will be deemed a waiver of that or any other right or provision. We will not be deemed to have waived any right or remedy under these Conditions unless the waiver is in writing and signed by an Dandreame Gallery representative who intends and is duly authorized to agree to such waiver on our behalf. No single or partial exercise by us of any right or remedy under these Conditions will prevent any further exercise by us of any other right or remedy. These Conditions will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns, but you may not assign these Conditions or any right or obligation under these Conditions without our prior written consent. There are no third-party beneficiaries to these Conditions except as expressly stated in these Conditions. You and we are independent contractors under these Conditions. Nothing stated in or implied from these Conditions will create any agency, partnership, joint venture, employment, sales representative, or franchise relationship between you and us. These Conditions were written in English. To the extent any translated version of these Conditions conflicts with the English version, the English version controls. The paragraph and section titles in these Conditions are for convenience only and have no legal or contractual effect.
21. CONTACTING DANDREAME GALLERY
If you have any questions about these Conditions, please email us at: dandreamegallery@gmail.com. Dandreame Gallery is located at: Via Bergamo 10, Milan, Italy.
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