Terms & Conditions
Agreement of Terms
These Terms of Use (henceforth 'Terms") pertain to the Service (henceforth 'Service') offered through Gerard Arts. Ltd. (dba) Gurari Collections (henceforth 'we', 'our', or 'us') on https://www.gurari.com ('the Site'). These Terms of Use insure that by using this site it constitutes a legally binding agreement between you and/or on behalf of any entity, organization, company, (henceforth 'organization') or for any purpose of business, you agree that your use of this site also binds your organization and in such an event, "you" also means your organization. If you or your organization does not agree to these terms, you are not authorized to use https://www.gurari.com
By agreeing that by accessing the site, you have read, understood, and agreed to be bound by all these Terms of Use. The Terms of Use apply for the website, as well as any other media form, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “site”).
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Ownership And Intellectual Property
Gurari Collections owns the Site, the Service(s), and all proprietary aspects of those entities, and all intellectual property rights associated with them. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website design(s), audio, video, text, photographs and graphics on the Site (collectedly, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or licensed to us, and re protected by copyright and trademark laws and various intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The content and the Marks are provided on the Site “As Is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without our prior written permission.
Provided that you are eligible to use the Site, you are granted limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Site Use and Services
By using the Site, you represent and warrant that (A) you have the legal capacity and you agree to comply with these Terms of Use, (B) you are not a minor in the jurisdiction in which you reside, (c) you will not access the Site through automated or non-human means. Whether through a bot, script, or otherwise. (D) You will not use the Site for any illegal or unauthorized purpose, and (E) your use of the Site will not violate any applicable law or regulation.
Downloads
Downloads are granted for temporary use from Gurari Collections website for personal, non-commercial transitory viewing only. This is a grant of a license, not a transfer of title. Under this license and copyright infringement law, you may not modify or copy materials from the website or its affiliates. The following is strictly prohibited:
Use of the material for any commercial purpose, or for any public display commercial or non- commercial.
Attempt to decompile or reverse engineer any software contained on Gurari Collections website and affiliates.
Remove any copyright or other proprietary material contained on the website
Transfer the material to another person or “mirror” the materials on any other server.
This license will automatically terminate if you violate any of these restrictions and may be terminated by Gurari Collections at any given time. Upon terminating your viewing of these materials or upon termination of this license, you must remove and destroy any downloaded materials in your possession whether in electronic or printed form.
Legally Prohibited Activities
This Site, the Service(s), and all proprietary aspects of those entities may only be used for lawful and legal purposes. The collection, transmission, distribution, retrieval, or storage of any data or other material found on the Site is prohibited and in violation of any applicable law or regulation. This includes, without limitation, data, or other material which:
Infringes any copyright, trademark, trade secret, patent or other intellectual property right.
Constitutes any threat against any person, business or organization
Violates export control laws or regulations
Is obscene, indecent or defamatory whatsoever
Constitutes an attempt to defraud
Neither the Site, the Service(s), nor all proprietary aspects of those entities may be used in a manner which purposely alters or forges any user’s identity. Users may not engage, without limitation, transmit or send or receive messages other than in your own identity. User cannot impersonate someone else by altering user’s source IP address or by other forgery. Falsifying user identity is legally fraudulent in connection with any use on this Site or Service(s).
Neither the Site, the Service(s), nor all proprietary aspects of those entities may be used to violate system or network security. Such activity is subject to criminal or civil liability. Users may not engage, without limitations, in gaining unauthorized access to the Site, network, system, computing facility, equipment data od information. Users may not engage in activities that would interfere or prohibit other users accessing the Site, Service(s) or the Internet. Monitoring any data, information or communications or any network or system owned by user without authorization. Gaining unauthorized access to user accounts, passwords or other proprietary user information. Users may not attempt to intercept, redirect, or otherwise interfere with communications intended for others. Intentionally transmit files or messages containing computer viruses, propagating worms, “Trojan Horses”, or “spyware” programs.
Neither the Site, the Service(s), nor all proprietary aspects of those entities may be used to transmit or distribute electronic mail, whether it be unsolicited mass or commercial e-mail or for any other purpose, without limitation, in an improper or illegal manner.
Conditions Of Sale
The Site
The Site provides online commerce offering to sell goods and fine art (“Items”) to prospective purchasers. In the event of a sale of any Item, the sale is governed by this User Agreement and the Conditions of Sale.
Products
We make every effort to display as accurately as possible the colors, features, specifications, and details and descriptions of the products and fine art available on this Site. However, we do not guarantee that the colors, features, specifications, details and descriptions of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors or details of the products. All products and fine art are subject to availability, and we cannot guarantee that the items will be available when you visit the Site. We reserve the right to discontinue representing any products or fine art at any time for any reason. Prices for all products and fine art are subject to change.
Items Available on the Site
All Items displayed on the Site are offered for sale subject to availability. Many and most Items displayed on the Site are one-of-a-kind work of fine art and/or are vintage, antique or unique objects and furnishings. Conditions are stated for each Item and are sold “as is”. Besides the Site all work is offered for purchase at Gurari Collections’ physical location.
(a) All Items displayed on the Site are sold “As-Is”, “With All Faults”. We make no guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance, or as to whether the Buyer acquires any reproduction right or other intellectual property right in any Item. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation.
Purchase and Payment
We accept the following forms of payment, bank cards, checks (when authorized), PayPal, Visa, Mastercard American Express.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, payment card expiration and security code, so that we can complete the transactions and contact you as needed. Sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies will be added to the purchase price as required, and provided to us, as required to collect from the Buyer under applicable law at the time of sale.
You agree to pay all charges at the prices then in effect for your purchases and any applicable insurance, shipping and handling fee(s), and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through this Site. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Sales Process
(a) When a Buyer identifies an Item for purchase, the Buyer purchase’s the Item directly through the Site’s checkout page, or by contacting Gurari Collections by means of any method listed on the Site.
The “Total Purchase Price” is defined as the price agreed to on the Site between Buyer and us and includes: (i) the final, agreed upon price of the Item (the “Purchase Price”); (ii) any applicable shipping and handling fees; and (iii) any sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that we are required to collect from the Buyer under applicable law at the time of sale. By committing to purchase, the Buyer irrevocably agrees to pay the Total Purchase Price and, Gurari Collections agrees to sell the Item for the Total Purchase Price to the Buyer. At this point, a binding contract between us and the Buyer with respect to the sale and purchase of the Item, is created and enforceable.
Taxes and Duties
The Buyer is entirely responsible for paying all applicable sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to each Item purchased (collectively, “Taxes”). The Buyer shall pay Gurari Collections such Taxes as is required of us to collect. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United States or any other country. In the event that an exemption applies, it is the Buyer’s sole responsibility to establish and/or document any applicable exemption from Taxes.
Shipping
(a) Buyer-arranged shipping. The Buyer is in every instance free to arrange the Buyer’s own shipping and may elect to use any shipping company of its choice. The crating/shipping/insurance companies designated by the Buyer are the Buyer’s agents and the Buyer will bear all applicable costs and pay such costs directly to the agents.
(b) Gurari Collections arranged shipping. The Buyer may elect to have us arrange for crating, packaging, shipping and freight insurance. Following the Buyer’s request, we shall provide shipping information including the name of the freight carrier, the complete cost of shipment from us to the Buyer’s designated receiving address, the cost of any duty or other charges to be paid by the Buyer, the cost of freight insurance and the name of such insurance provider, as well as any costs or fees to be charged by the for crating or packaging the Items for shipment.
Items shipped to destinations in the states of Alabama, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Washington, Wisconsin, and Ohio are subject to tax.
Framing Services
If Buyer requests framing services from Gurari Collections, and once an estimate is provided, and prior to the frame(s) or materials being ordered, a Buyer will be required to post a non-refundable “deposit” amount (“Deposit”). The Deposit shall be paid by credit card or other acceptable payment method upon confirmation of sale. The Deposit will be held by us and shall be credited against the final price, which can include sales tax, insurance, shipping, handling and incidentals.
Order Confirmation
Non-payment.
(a) If for any reason the Buyer cancels payment made by credit card or any other means following receipt of the Order Confirmation, or the Buyer otherwise fails to make any payment with respect to the Total Purchase Price (“Default”), then the Buyer shall remain liable to us for the Total Purchase Price in full, as well as any additional costs related to the sale of the Item, including but not limited to applicable taxes, storage and handling fees and any incurred costs or fees associated with collection of any amount due to Gurari Collections, including but not limited to legal fees and costs related to currency fluctuations.
(b) Without limitation to any other provision of these Terms, in addition to any other remedies at law or equity, Gurari Collections reserves the right, at its election, to retain any and all payments paid by Buyer prior to Default with respect to the Item as liquidated damages, and to cancel the sale of the Item without any further obligation to Buyer.
Notwithstanding anything to the contrary contained herein, in the event of an error by us as to availability of the Item, or an error by Gurari Collections, or any other error on our part with respect to a Order Confirmation or the operation of the Site, we reserve the right in our sole and absolute discretion to rescind that Order Confirmation and purchase of the Item without penalty to any party. Gurari Collections will not be liable to any User, or Buyer or any other third party because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site.
Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause unintended inaccuracies to appear on the Site. Gurari Collections has the right to correct any inaccuracies or mistakes, and to void any purchase of an Item that displays an inaccurate price or description once brought to our attention. We are committed to quality products and your satisfaction is 100% guaranteed.
Return
If for any reason you are not completely satisfied with your purchase, other than the sale of fine art, original and printed art, you may return the item within 30 days of receipt and receive a refund for the price of the product. Shipping charges will not be refunded.
If your order should arrive in less than satisfactory condition, we offer a convenient Photo Return option. Simply take a digital photo of the item and one of the shipping packaging or container it arrived in, attach them to an email and send to inquiries@gurari.com. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a refund.
To return your item(s) please pack them in the original tube or box and include a Return letter explaining conditions of the item purchased. Be sure to specify the reason for the return and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method.
Relationship of the Parties
(a) We are responsible for accurately describing and pricing the Items offered for sale. Delivering the Items to the Buyer is in accordance with the arrangements made between Buyer and Gurari Collections. This could include payment of sales tax or VAT or import/export duty to the appropriate authority, and transfer of title if required.
(b) The Buyer is solely responsible for determining the value, condition and authenticity of the Items being purchased. The Buyer is responsible to pay the purchase price to us including any sales tax, VAT or import/export duties, and to arrange for shipping of the Items purchased.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Expert Review
If the Buyer is purchasing an Item based in whole or in part on its stated provenance, designer or creator, the Buyer may at its option and at its own cost arrange with us to have Buyer’s selected expert review the Item prior to purchase. Selection of the expert is the sole responsibility of the Buyer. Any arrangements for inspection shall be made between the Buyer and Gurari Collections. Buyer expressly acknowledges that the Buyer’s use and/or reliance on any expert is at the Buyer’s own risk and cost.
Links and/or Third Party links & Services
Gurari Collections has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. At times the website may contain links to or services offered by third parties that are not under the control of Gurari Collections, (third party services). Any such Third Party Services are provided, without liability to the Site, for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.
Limitation of Liability
Gurari Collections does not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. In no event we will or our suppliers be liable for any damages (including, without limitations, damages from loss of data or profit, or due to business interruption) of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate on what is being offered on the site, and can include, but not limited to, descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change and update the information on the Site at any time, without prior notice.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDNG, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANYWEBSITE LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED HEREINN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED ASA RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARWNTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXCERISE CAUTION WHERE APPROPRIATE.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a Third Party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
Copyright
Gurari Collections will publish on the Site various text, pictures, images audio recordings, and video that have been supplied, owned, or licensed by artists it represents) and for which said artists have provided appropriate license when required for publication by Gurari Collections
(b) We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Proprietary Rights
(a) As between Users and Gurari Collections is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
(b) Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by 1stdibs. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
(c) The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
(d) Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Gerard Arts Ltd.. or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
(e) Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.
(f) All images created or produced or modified by Gurari Collections are the sole property of 1Gurari Collections. Gurari Collections may use any such image to promote the Site or for any other purpose at any time without restriction.
User Data
We will maintain certain data that transmits to the site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall hove no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
How we protect your information
The security of your personal information is very important to us.
When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). For purchases made online with credit cards, we store your credit card number in encrypted form for a limited amount of time, and our employees do not have access to this information. We do not store PIN data or 3-digit security codes.
We use appropriate technical and organizational security measures to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefor we cannot guarantee its absolute security.
Your data protection rights & choices
You have the following rights:
· If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under 'How to contact us' heading below. You can correct many of the details in your account by logging in to your account.
· You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" link in the marketing e-mails we send you. Alternatively, please contact us at inquiries@gurari.com. Please include your complete name, e-mail address and mailing address. Note that it may take up to three business days to remove you from our marketing lists and after this point you may still receive customer service related communications from us.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
Electronic communications, transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms, constitute electronic communications. You consent to receive communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITITATED OR COMPLETED BY US OR VIA THE SITE. You herby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
The Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Terms & Conditions Updates
Gurari Collections reserves the right to change these Terms of Use at any time and for any reason. Users will be notified of any Terms of Use changes on the first page of our Terms.
Privacy Policy
This policy applies to information held about clients and prospective clients, suppliers and prospective suppliers, artists, contacts and all other persons who visit the Gurari Collections website located at gurari.com (the “Website”). By ‘information,’ we mean personal information about you that we collect, use, share and store.
In this policy, “we,” “us,” and “our” means Gurari Collections and its subsidiaries, and “you” means the individual to whom the information relates.
This Privacy Policy is incorporated into our Terms of Service, which govern your use of the Website in general. By using our Website, you consent to the terms of this Privacy Policy and our Terms of Service.
What information is collected
Information collected may include: your name; your contact information (such as your address, email address and telephone number) and/or the contact information of persons to whom you ship purchases; your gender; your date of birth; your credit card information; information related to your attendance of, and interest in, information related to your purchase of our artwork, purchase history or use of our services; information relating to your communication preferences, artist preferences and creative interests; and your IP address, your browser type and language.
How information is collected
We receive and store any information you enter on the Website or give to us in any other way. You provide information to us when you: purchase any artwork or visit us at the gallery or an art fair; use the forms on our Website (or give us information in person at our events and art fairs; register, sign in, or conduct a search on our Website; make a purchase or return an item; send us an email, comment or other material; participate in a survey, contest or questionnaire; communicate with customer service or communicate with us through social media sites; and/or click on a “click-through URL” in our email communications to you.
We also automatically receive and store certain types of information when you interact with us. Like many websites, we use “cookies” that may uniquely identify your browser or account, and we obtain certain types of information when your browser accesses our Website or other content served by or on behalf of our Website on other websites. Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the internet; login; email address; password; computer and connection information such as browser type, browser language, version and time zone setting, hardware settings, browser plug-in types and versions; operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features or promotions; the full Uniform Resource Locator (URL) clickstream to, through, or from our Website, including date and time, cookie number, search queries, the phone number from which you called us, SMS routing information, and your favorite stores. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Website for fraud prevention and other purposes. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. During some customer visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes. Finally, we may use electronic image requests (also called “web beacons” or “single-pixel gifs”) to count page views and to access cookies. The web beacons do not collect, gather, monitor or share any personal information; rather they are used to compile anonymous information about Website usage.
When you use a location-enabled device to interact with our services, we may collect and process information about your location and your mobile device, like GPS signals sent by a mobile device or a unique identifier for your device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. Most mobile devices allow you to disable location services; these controls are typically located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
We might receive information about you from other sources and add it to our account information. For example, we may receive updated delivery and address information from our carriers or other third parties which we use to correct our records.
How information is used
By visiting our Website, you agree that we may use personally identifiable information about you to enhance our marketing and promotional efforts, to trace and analyze Website usage, to improve our Website content, appearance, utility, and product offerings, to offer you tailored content, to respond to your requests, or to customize our Website content, layout, and services. You agree that we may use your information, such as your email address, to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, participation in market research, special discounts or promotions, and communications relevant to your business with us.
We may also use your information to: provide information about our artwork and services to you; keep you informed about artwork, artists and events that we think you may find interesting; carry out our obligations arising from any agreements entered into between you and us; communicate with you; administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; keep our Website safe and secure; comply with legal and regulatory obligations; and for security and to check your identity.
How information is shared
Except as expressly set out in this Privacy Policy, we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
The personal information you provide to us may be shared with third party companies, agents, contractors, service providers or affiliated companies if this is necessary to provide you with our artwork or services, respond to your inquiries or for any of the purposes described in this policy. In addition, information related to your purchase of our artwork or use of our services may be shared with the artist(s) who created the purchased artwork, and we may share the invoice with the artist.
We may also share your personal information with: law enforcement agencies, other governmental agencies or third parties if we are required by law to do so; and other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organization with that entity.
We may provide services jointly with other affiliate partners and may share our data, including personally identifiable information about you, with these affiliate partners when necessary, for example, to complete or ship your order to the correct address.
We employ other companies and individuals to perform functions on our behalf. Examples include delivering packages, sending postal mail and email, analyzing or cleaning data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service, and managing ongoing orders and subscriptions. Such third parties may have access to your personal information as needed to perform their functions, but they may not use it for other purposes. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
In addition, if you choose a direct payment gateway to complete your purchase, then we may store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways agree to adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. Certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
We may share aggregated, non-personally identifiable information publicly and with others such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
How long information is kept
We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us periodically reviewing our files to check that information is accurate, up-to-date and still required.
Where we are permitted to send you direct marketing communications we may retain your contact information necessary for this purpose, for as long as you do not unsubscribe from receiving the same from us. If you opt out from marketing, we will retain your information to enable us to respect your wishes to not be contacted for marketing purposes.
Your Rights
At any time, you have the right:
· to request access to or a copy of any personal data which we hold about you;
· to rectification of your personal data, if you consider that the information we are holding is inaccurate;
· to ask us to delete your personal data, if you consider that we do not have the right to hold it;
· to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
· to ask us to stop or start sending you marketing messages as described below in the marketing section;
· to restrict processing of your personal data;
· to data portability (moving some of your personal data elsewhere) in certain circumstances;
· to object to your personal data being processed in certain circumstances; and
· to not be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.
Any request from you for access to or a copy of your personal data must be in writing and we will make every effort to respond within a reasonable period and in any event within one month in compliance with data protection legislation. We will comply with our legal obligations as regards your rights as a data subject.
We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change at the following email address: inquiries@gurari.com .
Notice to California Residents
If you are a California resident, California Civil Code sections 1798.83-1798.84 give you the right to ask us for a notice describing the categories of personal information we share with third parties or among our affiliated companies, for their direct marketing purposes, during the preceding calendar year. If you are a California resident and would like a copy of this notice, please send an email message to inquiries@gurari.com with “Request for California Privacy Information” in the subject line and body of your message. Please allow 30 days for a response.
How to turn off cookies
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide customized features. We may use information collected through devices and technologies such as “cookies,” pixel tags, or anonymous identifiers when you interact with the Website or the Website’s features that may appear on other websites. Certain features of our Website are only available through the use of a cookie. Most cookies are “session cookies,” meaning that they are automatically deleted from your device at the end of a session.
You are free to decline our cookies if your browser permits. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Website of its manufacturer. Because cookies allow you to take advantage of some of the Website’s features, we recommend that you leave them turned on.
How we respond to “Do Not Track” signals
“Do Not Track” is a privacy preference that internet users can set in their web browsers. When a user turns on the Do Not Track option, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, visit www.allaboutdnt.org.
Children
We do not knowingly collect or solicit information from person under the age of 18 and we do not knowingly provide access to our Website or market our services to anyone under the age of 18. No one under the age of 18 should submit any personal information to us and/or our Website. The Website is not directed to children under the age of 18. If a child under the age of 13 has provided us with personally identifiable information online, we ask that a parent or guardian contact us at info@alexanderberggruen.com.
Marketing
Where you are one of our clients or have otherwise agreed to be contacted for marketing we may use your personal information to send you information about Gurari Collections events, art fairs and works of art. You can unsubscribe from receiving them at any time, details of how to unsubscribe will be included on each electronic mailing we send you.
You also have the option of “unsubscribing” from our mailing list at any time thereby disabling any further such email or other communication from being sent to you by emailing us at inquiries@gurari.com We will action any opt out request from you without delay.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You should be aware, however, that the transmission of information via the internet is not completely secure and therefor we do not guarantee the security of data you transmit to our Website or via email.
Links to other sites
Our Website may contain links to other sites, including via our social media buttons. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites and a link does not constitute an endorsement of that website. Once you link to another website from our Website you are subject to the terms and conditions of that website, including, but not limited to, its internet privacy policy and practices. Please check these policies before you submit any data to these websites.
Certain features of our Website will allow for social networking. You should ensure when using these features that you do not submit any personal data that you do not want to be sent, collected or used by other users, such as profile details or email address.
Complaints; contact
Questions, comments and requests regarding this policy are welcomed and should be addressed to inquiries@gurari.com
Changes to this policy
We reserve the right to change/update this Privacy Policy and our practices described herein at any time in our sole discretion. Any changes we make to our policy in the future will be posted on this page. Such changes will be effective immediately upon posting of the revised Privacy Policy to the Website. Please check back frequently to see any updates or changes to our Privacy Policy.
Language
To the extent our operations extend into non-English speaking jurisdictions, this policy and all communications and documents relating hereto be expressed in the English language.