Buy Artworks and Sell Artworks Terms and Conditions

Gift Shops> Shopping Terms and Conditions

Thank you for shopping at our website. By confirming your order, you will be deemed to have accepted these terms and conditions.

IN GENERAL

You acknowledge and agree to be bound by the terms of our privacy policy. Failure by us to enforce any of these terms and conditions will not affect our right to enforce any of the remaining terms and conditions.

If any of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you), the enforceability of any of the remaining terms and conditions shall not be affected.

The contract between us shall be governed by, and interpreted in accordance with, the laws of the State of New York and the courts of New York State shall have exclusive jurisdiction to resolve any disputes between us.

These terms and conditions are subject to change at any time without prior notice to you.

THE CONTRACT BETWEEN US

These terms and conditions govern all transactions between us for any sale of goods or services by us to you. Please read them carefully. To order goods or services from us using a credit, you must be at least 18 years of age.

When you place an order to purchase goods or services from the site, and we have approved your payment details, we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us and "your Contract".

These terms and conditions, together with the prices displayed on our web site, delivery details, contact details and any document expressly referred to in these terms and conditions, set out the whole of our agreement relating to the sale of goods or services by us to you.

DESCRIPTION AND AVAILABILITY

All images, descriptive material, specifications and advertising on our web site are for the sole purpose of giving an approximate description of the goods or services in order to assist your purchasing decision. They are required you to evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any information submitted to 123soho who acts as a third party to pass-on information which bears no accuracy guarantee.

Images of the products shown on the site are not the actual size of the product unless specified.

All goods and services advertised are strictly subject to availability.

PRICE AND CANCELLATION BY US

The price payable for goods or services will be stipulated on our web site at the time you place your order. Any delivery charges are extra. We reserve the right to cancel your Contract if:

we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area;
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers;
your payment is refused or not authorised.

If we do cancel your Contract, we will notify you by e-mail and we will re-credit to your account any sum debited by us from your credit card within 30 days of your order. We are not obliged to offer any additional compensation for disappointment suffered.

ORDER CANCELLATION BY YOU

You may cancel your order before your ordering artworks/products are shipped out by our artists/suppliers. Absoultely No cancellation can be proceeded after your ordering artworks/products have been shipped out by our artists/suppliers. To cancel your order you must notify us in writing at the address set out in the About Us page of this web site.

Once you have notified us that you are canceling your order, any sum debited by us from your credit card will be re-credited to your account within 30 days.

RETURN, REFUND AND EXCHANGE

Return, refund, and exchange can be made with 14 days from the day of delivery. You must return artworks/products in their original condition and packing. Failure to keep the returning artworks/products in good condition will result in up to 100% NO refund or exchange.

For any return, refund and exchange, we will charge 20% for each artwork/product to your credit card. You must send the returning artworks/products back to our contact address at your own cost and risk for refund or exchanage. All delivery charges are not refundable once the order is out to ship. However, an additonal shipping cost is required for artworks/products to exchange.

Once you have notified us that you are returning your artworks/products, any sum debited by us from your credit card will be re-credited to your account as soon as the returning artworks/products are received by us in the condition they were in when we delivered to you.

DELIVERY OF GOODS TO YOU

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. We will try to deliver your goods within 21 days but delay in delivery is sometimes outside of our control. Any dates we give you for delivery are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay in delivering the goods to you unless caused by our negligence.

You will become the owner of the goods you have ordered once they have been delivered to your specified delivery address. Once the goods have been delivered we no longer have any responsibility for any loss or damage to the goods.

Unless otherwise stated delivery of goods ordered through the 123soho, or associated sites, will be delivered within 30 days of order. If however we are unable to deliver the goods in the allotted time scale our customers will be informed immediately and be given the option to either agree to a new delivery date or to cancel the order with a full refund.

PRODUCT GUARANTEE

All products are guaranteed against defects for a reasonable period and always in accordance with the manufacturer’s or supplier’s guarantee and warranty conditions.
Unless otherwise stated, and subject to your statutory rights in respect of quality and fitness for purpose, we make no representations or warranties, either express or implied, of any kind with respect to products sold.

LIABILITY

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must notify us of the problem in writing at our contact address within 40 days of the date on which you ordered the goods.

If the goods we deliver are not what you ordered, or are damaged or defective prior to the point of delivery, or the delivery is of an incorrect quantity, and provided that you have notified us accordingly within 14 days of delivery, our only obligation, at your option, will be:-
to make good any shortage or non-delivery; or
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question.

To the extent permitted by law, we shall not be liable to you for any indirect or consequential loss or damage and we shall have no liability to you for any direct or consequential loss that is caused by any event or circumstance beyond our reasonable control which shall include, but not be limited to, acts of god, civil commotion, riots, flood, drought, fire, and legislation.

In any event, nothing in this condition is intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

APPLICABLE LAW

This Terms & Conditions agreement shall be governed by the laws of the State of New York.