WEBSITE TERMS & CONDITION
We keep these terms updated and we amend them every so often, so remember to check back in before you shop, as the latest set will apply. If you do not agree to any change to these policies then you must immediately stop using the Site.
1.Use of this website
shop.david-kracov.com (“David Kracov" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms and Conditions, and any other rules posted on our Sites. Please read carefully before placing any orders on www.shop.david-kracov.com. We recommend you should keep a copy for future reference.
These Terms and Conditions apply to your use of this website. Please read them carefully and ensure that you understand them. Your use of this website is subject to your acceptance of these Terms and conditions. If you do not accept these Terms, you must not use or access this website.
In these Terms and Conditions (Terms), “we,” “us” and “our” shall be interpreted as referring to Eden Fine Art London Ltd. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time, therefore please check these Terms to ensure you understand the Terms which will apply every time you use the website. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to “in writing,” this will include email.
Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
2. About Eden GalleryWe operate the website https://shop.david-kracov.com/. Eden Fine Art London Ltd. is a company registered in the UK, in London. Said company’s registered office is at 103 New Bond St, Mayfair, London W1S 1ST, United Kingdom. VAT number 248333207.
- You can write to us at Eden Fine Art London Ltd. 103 New Bond St, Mayfair, London W1S 1ST, United Kingdom,
- You can email us at email@example.com or firstname.lastname@example.org
- You can call us in the U.S. at +1-518-992-3020.
3. Your Account
- To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address email@example.com. We may also change the registration requirements from time to time.
- Here are some of the benefits you’ll be able to enjoy by registering with us for an online account:
- Track your orders and review past purchases
- Build a customized Wish List to create personalized outfits that you can email to friends and family. Plus, you can also print your shopping lists for increased convenience
- Add sold out items to your Wish List so you can see if more stock arrives
- Select your artworks so we can tell you when new editions have arrived
- Add a Gift Card and keep track of any store credit on your account
- Save your address and card details so you can shop even quicker next time
- Manage your account details, address book, and email preferences
- To create an account, click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify Eden Fine Art London Ltd. immediately of any breach of security or unauthorized use of your account.
- Should you have any issues with your account or need any help concerning it, then please do not hesitate to contact our Customer Care team. However, please note that we can only communicate with the named account holder with any questions, changes, or cancellation of an account.
- Forgot Password - if you have forgotten your password click here to change it.
4. David Kracov’s ArtworksThe images of the artworks on our site are for illustrative purposes only. Although we have made every effort to display the colors, forms, textures, and any other details accurately, we cannot guarantee an exact replication of the image. For example, your computer’s display of the colors may not accurately reflect the colors of the artwork.
Additionally, presented alongside every artwork is a description of the piece itself. This description is meant solely to provide a general idea of the artwork. Specific artworks may vary in material, size, dimensions, or any other descriptive information, and we cannot guarantee that the physical artwork shall be consistent with these details. In the case of editions or series, not every artwork in the edition will be exactly as seen on the website and may include small variations in color, pattern, medium, and/or size. We suggest you confirm the exact details of an artwork you are interested in, with an art advisor available via our customer service in the U.S. at +1(518) 992-3020.
5 .Intellectual Property RightsCopyright, trademarks, database rights, and all similar rights in this website and marketing materials are owned by Eden Fine Art London Ltd., its licensors or relevant third party content providers. You may use the information on this site and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system, or transmitted in any form or by any means without the prior written permission of Eden Fine Art London Ltd. Nothing in our marketing materials or in this website should be considered granting any license or right under any trademark of Eden Fine Art London Ltd. or any third party
Without express consent you must not:
- republish material from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
- Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
6.Limitation of LiabilityThe information on this website is provided free-of-charge. While we strive to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
8. Unpermitted Use of the Website Material
- You must not use our website in any malicious way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or it’s DB.
- You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our website for any purposes related to marketing without our express written consent.
- You must not use our website to copy, publish or send mass mailings or spam.
- You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
- All material you copy, publish, or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory, or inflammatory. Such materials must not infringe upon any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute an incitement to commit a crime. Further, the material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing, or menacing.
- We reserve the right to edit or remove any material posted upon our website.
- We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.
10.Events Outside Our Control
- We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations that are caused by an Event Outside of Our Control. An Event Outside of Our Control is defined as any act or event beyond our reasonable control, including without limitation to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.Eligibility to Purchase
- In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address, and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
- The Site is available only to individuals and others who meet the Eden Fine Art London Ltd. terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Eden Fine Art London Ltd., whose applications are acceptable to Eden Fine Art London Ltd. and who have authorized Eden Fine Art London Ltd. to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
- By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
- Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that Information.
- All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
- Shop.david-kracov offers products for sale that are in stock and available
- Shop.david-kracov will store a record of your transactions.
- Prices shown on the Site are in Pounds Sterling (£) United States Dollar ($), and Euro (€) and are inclusive of VAT or Sales Tax or at the applicable rate.
- From time to time, prices are subject to change in response to currency exchange rate changes and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
- Customers purchasing from abroad will incur relevant import duty and tax. These costs are included in the final purchase price. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
14.Acceptance of Your OrderOnce you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Eden Fine Art London Ltd. will be complete when we email you to confirm the art has been dispatched. The sale contract is therefore concluded in London, England, and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of Eden Fine Art London Ltd.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to ensure details on our website are accurate, we may discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
15.PaymentWe accept Visa, MasterCard and American Express. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now.' Once this transaction is complete, you will then return to shop.david-kracov.com. Payment will be debited and cleared from your account upon dispatch of your order by Eden Fine Art London Ltd. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Eden Fine Art London Ltd., we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using shopify payment, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Eden Fine Art London Ltd. user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions that you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, Eden Fine Art London Ltd. uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
- You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
- Eden Fine Art London Ltd. insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift), then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Eden Fine Art London Ltd. and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
- The service provider can deliver to specific destinations without collecting a signature. If this option applies to your delivery address, you can update your preference on the shipping page at checkout before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that Eden Fine Art London Ltd. can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, Ther Service Provider may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
- Each Kracov artwork is a handmade piece. Therefore, once the purchase has been made, please allow additional time for the artwork to then be redirected from the artist's studio before going out for delivery.
- Please note that we aim to dispatch all orders within 72 hours. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 business days of the day on which we accept your order. Eden Fine Art London Ltd. is not responsible for any delays caused by destination customs clearance processes.
- If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event.
- For shipping and delivery to RUSSIA, please note: Due to shipping regulations specific to Russia, artworks may ONLY be delivered to a business address belonging to a company and/or legal entity. It is not possible to deliver artwork to any private address, i.e. residence in Russia.
- No refunds or cancellation shall be accepted once an invoice is issued to the customer.
- To meet the cancellation deadline , YOU must send YOUR communication concerning YOUR exercise of the right to cancel before the cancellation period has expired.
- We will make the reimbursement using the same means of payment as you used for the initial transaction.
- In the event that we have sent the goods to you and you have canceled your order, we may withhold reimbursement until we have received the goods. The goods will only be accepted in the original crate, and the curator must approve no harm was done to the art.
- You shall return canceled orders to: 103 New Bond St, Mayfair, London W1S 1ST, United Kingdom.
- You will have to bear the cost of returning the goods.