Last Updated: June 27, 2024

These Terms of Service ("Terms") govern your access to and use of Perception Art Gallery website, apps, APIs, and widgets and any other digital touchpoints (collectively, the “Site”), including your access to and use of the services provided by Perception Art Gallery, which may include (but are not limited to) the sale of framed photography, fine art (“Services”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Site the Services and/or any other Perception Art Gallery  property or destination, you agree to be bound by these Terms, our privacy policy. Please note that we reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to this Site at any time. It is your responsibility to check this page periodically for changes. Perception Art Gallery may require you to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you agree to immediately stop using the Site and the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s), if any.

1. USE OF SERVICES

You may use the Site only if you can legally form a binding contract with Perception Art Gallery , and only in compliance with these Terms and all applicable laws. You may simply browse the Site, or you may register with Perception Art Gallery and create an “Account”. You do not have to have an Account to order products or use the Services. However, you must only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof). Any use or access by anyone under the age of 13 is not allowed. If you are based in the European Economic Area, you may only use the Site if you are over the age at which you can legally provide consent to data processing under the laws of your country. 

2. ACCOUNTS

If you create an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders (defined below) and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action as we deem necessary or reasonable to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Perception Art Gallery be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Perception Art Gallery under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.

We may occasionally use a third-party service provider to serve ads and/or collect data on our behalf across the Internet and sometimes on this Site.  Some of these service providers may collect information about your Account, your visits to the Site, and your interaction with our products and services to tailor marketing messages on this Site and other sites or to trigger real time interaction, customize this Site or enhance your Account.  Some of these service providers may be able to collect personal information that you share with this site via a web form automatically and prior to your pressing a submit button; and they may be able to use information from your visits to this site to send marketing messages to you in a way that may personally identify you. This information is collected through the use of a cookie, a javascript tag and/or pixel, which is industry standard technology used by most major web sites.   The information collected by these service providers may include your device’s IP address, user agent, email addresses (where hashed or otherwise rendered pseudonymous) and other user and device level pseudonymous information.  Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third-party companies.

3. ORDERS

These Terms govern any purchase order you make through the Site by employing Services, which may be, for instance, the purchase of framed artwork, fine artwork, etc.  (each such purchase action, an “Order”). Your placement of an Order through our Site is an offer to purchase the product(s) and/or Services ordered and we may accept your Order by processing your payment and shipping the final product. Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Perception Art Gallery until the final product(s) has been shipped to you. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We may require additional verifications or information before accepting any Order. All products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the products passes to you when Perception Art Gallery provides the product(s) to a common carrier.

Any estimated shipping date provided by Perception Art Gallery is based on the date that Perception Art Gallery receives your Order, product availability and payment processing time, and does not include transit time. Perception Art Gallery currently only ships framed products to addresses in 9 countries of Europe: Germany, Austria, Belgium, Spain, Italy, Luxembourg, Netherlands, Portugal and France. 

4. RETURNS

Every product sold by Perception Art Gallery is “made to order,” which means it is specifically manufactured just for you only after you have placed your Order. Accordingly, Perception Art Gallery does not accept refunds, returns or exchanges for Orders. We are also unable to make any changes or cancellations to orders after 24 hours from the moment the Order is placed. If you believe you have made a mistake with your Order, please contact us immediately at contact@perceptionartgallery.com.

On rare occasions, one or more products in an Order may be damaged while in transit in possession of our shipping partners. If one or more of your product(s) arrives damaged, please send detailed, clearly visible photos of the damage including images of the packaging to artgalleryperception@gmail.com. In cases where one or more product(s) is materially damaged, Perception Art Gallery may elect to restore or replace the damaged product(s) in Perception Art Gallery sole discretion following a review of the photos submitted (“Damage Review”). If requesting a Damage Review, you expressly acknowledge and agree to the following: 1) photos of damaged areas of product(s) must be clearly visible and submitted in .jpeg or .png format; 2) photos of damage must be received by Perception Art Gallery no fewer than seventy-two (72) hours following the indicated delivery date of the applicable Order by the shipping provider responsible for delivering the Order; 3) photos of the damage must have been taken immediately following receipt of the product(s), and the product(s) must not have been hung, placed or otherwise installed prior to photos of the damage being taken; 4) a Damage Review requires a minimum of thirty (30) business days to complete, and Perception Art Gallery may elect to replace or repair the damaged product in its sole discretion; and 5) the delivery of a replacement product, if any, will be subject to then existing manufacturing capacity, inventory, availability and shipping timing, and you may be responsible for payment of return shipping in the event that Perception Art Gallery elects to repair or replace the product(s). 

5. PAYMENT, PRICING AND PRODUCTS

To pay for an Order, you will need to provide Perception Art Gallery with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card. (HoS)

We make efforts to display our products and their colors as accurately as possible. Having said that, the displayed colors of the products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are always subject to change in our sole discretion. We cannot confirm the price of an item until you place an Order. In the event that you change your Order, the price of your Order will likely change. You authorize us to charge your payment method for any changes to your Order that you have initiated on the Site or otherwise.

 

6. OWNERSHIP OF TECHNOLOGY AND CONTENT

You acknowledge and agree that Perception Art Gallery and the Site feature images of unique, highly valuable photographs and other works of art created. When you access the Site and/or Services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” You agree not to use, edit, alter, reproduce or revise Content posted on any of our Sites, and you represent and warrant that you will not use any Content in any manner that: A) Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; B) Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; C) Is false or inaccurate or becomes false or inaccurate at any time; D) Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion; E) Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; F) Misrepresents your identity in any way; G) Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; H) Advocates or encourages any illegal activity; or I) Has the potential to create liability for us or cause Perception Art Gallery to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

7. GENERAL RULES OF USER CONDUCT

It is our goal to make access to our Site and Services a good experience for all of our users. To that end, you expressly agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following: A) Conduct or promote any illegal activities while using the Site or Services; B) Upload, distribute or print anything that may be harmful to minors; C) Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; D) Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; E) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; F) Use the Site or Services to generate unsolicited email advertisements or spam; G) Use the Site or Services to stalk, harass or harm another individual; H) Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); I) Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; J) Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission; K) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or L) Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages. (HoS)

9. MODIFICATIONS TO / DISCONTINUANCE OF THE SITE AND/OR SERVICES

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.