Terms & Conditions
Scenius Gallery's ("we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms & Conditions and any other rules posted on our Site. Please read carefully before placing any orders on www.sceniusgallery.com.
Our VAT number is NL176977260B01 and Chamber of Commerce Number is 68147856. If you have any comments about Scenius Gallery, you can email us at firstname.lastname@example.org.
We may modify the terms & conditions from time to time. Please read and check back often. If you do not agree to any change then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
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 Scenius Gallery terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Scenius Gallery, whose applications are acceptable to Scenius Gallery and who have authorised Scenius Gallery 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. Scenius Gallery reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Scenius Gallery feels 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 authorisation and to authorise 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 cart are not reserved and may be purchased by other customers.
Scenius Gallery offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once artist stock has been delivered to Scenius Gallery. Scenius Gallery will only take Advance Purchase orders for stock that has been scheduled for delivery by a artist supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Scenius Gallery. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Scenius Gallery will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
Scenius Gallery is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once 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 Scenius Gallery will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Amsterdam, The Netherlands 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 Scenius Gallery.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation 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 make sure details on our website are accurate, we may from time to time 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.
Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. 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 sceniusgallery.com. Payment will be debited and cleared from your account upon dispatch of your order by Scenius Gallery. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Scenius Gallery, we will not be liable for any delay or non-delivery.
INSURANCE AND DELIVERY
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.
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 fulfilment by Scenius Gallery, 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.
Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that Scenius Gallery can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. 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 days of the day on which we accept your order. Scenius Gallery 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 minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by letter or by email to: email@example.com.
For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii) (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled goods back, we may arrange to have them collected from you at your cost.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.
Items should be returned unused. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, packaging such as authenticity tags should be included with your return.
All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns will be returned to the sender.
We have made every effort to display as accurately as possible the colours of our products that appear on Scenius Gallery. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We offer a flexible returns policy to make your online shopping experience even easier. However, customers returning items repeatedly may be refused at our discretion.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, all other intellectual property and material rights relating to the Content (as described in the Content section below). You are permitted to use the Content only as expressly authorised by Scenius Gallery and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Scenius Gallery tries to ensure that the information on this site is accurate and complete. Scenius Gallery does not promise that Scenius Gallery's Content is accurate or error-free. Scenius Gallery does not promise that the functional aspects of the Site or Scenius Gallery's Content will be error free or that this Site, Scenius Gallery Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Scenius Gallery and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms & conditions, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Scenius Gallery, including advertisers. Scenius Gallery has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law.
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).
For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If Scenius Gallery fail to comply with the Terms & Conditions, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Terms & Conditions. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and Scenius Gallery knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the terms & conditions where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us Scenius Gallery harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms & conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Scenius Gallery as a result of the terms & conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Scenius Gallery, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms & Conditions.
The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the relevant Dutch law and the relevant courts of The Netherlands will have exclusive jurisdiction.