TERMS AND CONDITIONS
The term Leonid Shishkin Gallery or 'us' or 'we' refers to the owner of the website Elian Art Ltd.: the company that is registered in Hong Kong under registration number 3245417 at the address: Unit 1603, 16th Floor, The L.Plaza 367-375 Queen's Road Central. Sheung Wan, Hong Kong. The term 'you' refers to the user or viewer of the website.
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
Terms and Conditions of Sale
It is important that you read and understand these terms and conditions before proceeding with this transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of Elian Art Ltd (us). Only proceed with this transaction if you wish to be bound by the terms and conditions set out below.
1. Purpose and effect
1.1 These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as "the Work". We confirm that we either own the Work or are authorised to sell it on behalf of the owner. Elian Art Limited is registered in Hong Kong SAR of China under the Companies Ordinance (registered number 324517) and its registered address is at Unit 1603, 16th Floor, The L.Plaza 367-375 Queen's Road Central. Sheung Wan, Hong Kong.
1.2 If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation or addition has been agreed by us in writing.
2. Statements about the work
2.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.
2.2 While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale.
2.3 You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 2.1 and 2.2 above.
3. Payment of purchase price
3.1 You must pay us the full price for the Work, which currently includes delivery costs within mainland UK and VAT. All other destinations will incur appropriate delivery charge and in case of International delivery - appropriate customs taxes connected with this transaction which you will be responsible for.
4. Passing of ownership
4.1 Full legal title to the Work will not pass to you until we have received in full in cleared funds all sums due in respect of the Work.
The copyright subsisting in all images and other materials produced for the sale of the work is owned by us and such images and materials may only be used with our permission. We will have the right to use such images in our own discretion after the sale of the Work. During the period in which the Work is protected by copyright, the copyright remains with its author/artist (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact the copyright owner.
Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by email or by post, to our address or to your last known address as notified to us by you as the case may be.
7. Where contract for the sale of the Work is concluded exclusively through such distance communication:
7.1 We confirm that Elian Art Limited as set out in clause 1.1 is the supplier of the Work sold to you and is the party to whom any comments should be directed.
7.2 If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the Work in question within 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Work.
7.3 If you cancel a contract concluded exclusively at a distance for the purchase of the Work, we will reimburse to you all payments received from you. We may make a deduction from the reimbursement for loss in value of the Work, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:
7.3.1 14 days after the day we receive the Work back from you; or (if earlier)
7.3.2 14 days after the day you provide evidence that you have returned the Work.
8. Law and Jurisdiction
8.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with the laws of Hong Kong SAR of China.
14.2 If you are purchasing the Work as a consumer, the courts of Hong Kong SAR of China will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the Work as a consumer, the courts of Hong Kong SAR of China will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.
15.1 Notwithstanding clause 14.2 above, either party may, by giving written notice to the other, elect to have any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single arbitrator in Hong Kong to be resolved. The seat of such an arbitration will be Hog Kong and the language to be used in the arbitral proceedings will be English.
Prices subject to revision.