terms and conditions

Disclaimer

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Terms and Conditions:

Article 1  – Definitions & Applicable conditions

This website is operated by Peculiar  Gallery.

In these conditions the following definitions apply:

  1. “the Work of Art”: the work specified in the sales receipt.
  2. “the Artist”: the creator of the Work of Art offered for sale.
  3. “the Gallery”: the gallery that offers the Work of Art for sale for the Artist or for itself.
  4. “the Buyer”: the (legal) person who purchases the Artwork from or through the Gallery.
  5. Prospective buyers are also considered “Buyers”.
  6. “the Purchase Agreement”: the agreement, the essentials of which are shown in the sales receipt, whereby the Buyer purchases the Work of Art from or through the Gallery.
  7. “the Exhibition”: the occasion on which the Work of Art is or will be shown.
  8. Throughout the site, the terms “we”, “us” and “our” refer to Peculiar Gallery.
  9. Throughout the site, the terms “You” refer to the Users and/or Buyers.

Applicable conditions:

  1. Peculiar Gallery offers this website, including all information, tools and services available from this site to you, the user or Buyer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
  2. These general terms and conditions apply to all agreements, assignments, offers and quotations offered by or concluded with the Gallery. These conditions can only be deviated from by express written agreement.
  3. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  4. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
  5. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  6. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  7. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. You must not transmit any worms or viruses or any code of a destructive nature.
  9. We reserve the right to refuse service to anyone for any reason at any time.
  10. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Article 2 – Copyright – ALL RIGHTS RESERVED

  1. a) The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Portuguese and other copyright laws, and is the property of Peculiar Gallery and the artists that work with the Gallery.
  2. b) Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Peculiar Gallery or purchasing Peculiar Gallery. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Peculiar Gallery or to purchase Peculiar Gallery products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Peculiar Gallery. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
  3. c) The copyright on the Artwork belongs to the Artist. The copyright on the catalogue, brochures and the like belongs to the Gallery. Copyright is expressly reserved by both the Artist and the Gallery.
  1. d) The Buyer is not permitted to make public and/or reproduce the Work of Art he has purchased. The Gallery can mediate between the Artist and the Buyer if the Buyer wishes to publish and/or reproduce the Work of Art.

Article 3 – Trademarks

All trademarks, service marks and trade names of Dollolandia, Peculiar Gallery, UC or Célia Machado, used in the site are trademarks or registered trademarks of Dollolandia, Peculiar Gallery, UC and Célia Machado (Owners, artists and art directors of the gallery).

Article 4  – Accuracy, Completeness and Timeliness of Information

  1. a) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
  2. b) Any reliance on the material on this site is at your own risk.
    c) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Article 5 – Prices / Costs

  1. a) Unless otherwise stated or agreed, all prices quoted by the Gallery include IVA (Value-added tax) and other government levies or taxes.
  1. b) Shipping costs, import and export duties and insurance costs are borne by the Buyer, unless expressly agreed otherwise.
  1. c) A statutory increase or reduction in IVA (Value-added tax) or other government levies can always be passed on in the price.
  1. d) Prices for our products are subject to change without notice.
    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 Article 6 – Products or Services (if applicable)

  1. Certain products or services may be available exclusively online through the website, or exclusively on the physical store located at Porto – Portugal. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
  3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Article 7Accuracy of Billing & Account Information

  1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  2. You (the Buyer/User) agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  3. For more detail, please review our Returns Policy.

Article 8 – Delivery

a). The Work will be delivered within 1 month after the end of the Exhibition, unless otherwise agreed. If the Work is in stock and is not or is not displayed, delivery may occur earlier.

b). The Buyer must pay the total purchase price in advance, as well as transportation. The delivery period for the Work of Art will not begin until payment is received in full by the Gallery in the form indicated on the sales receipt.

c). Packaging will be made by the Gallery team and a photograph of the state of the Work of Art will be taken at that moment to serve as proof of the condition of the Work of Art at the packaging moment.

d). Delivery deadlines can never be considered definitive deadlines, unless expressly agreed otherwise. Depending on where the Buyer lives, the time it may take for the Work of Art to reach the Buyer, may vary. Orders may take longer to arrive due to variables outside of the Gallery control. 

e). Delivery of the Work of Art occurs when the Buyer collects or removes the Work from an address specified by the Buyer at the time of purchase. The Gallery delivers the Work for transportation to a carrier within the context of the Purchase Agreement, but is not responsible for delays by that carrier.

f). The risk of loss, destruction and/or damage to the Work of Art passes to the Buyer upon delivery. The same transfer of risk occurs when the Gallery has the Work ready for delivery and the Buyer does not collect or take the Work with them at the agreed delivery time. If the Buyer does not purchase, all costs incurred by the Gallery in connection with the offer and any additional costs incurred for transportation, custody, insurance and storage will also be borne by the Buyer. Furthermore, the Buyer is responsible for all damages suffered by the Gallery due to non-purchase.

g). If the Work of Art has been delivered while the purchase price has not yet been received in full, ownership of the Work will only pass to the Buyer when the Buyer has fully fulfilled his payment obligations under any agreement with the Gallery, including the payment of interest and costs as determined in these conditions.

h). If the Buyer, before the full purchase price of the Work of Art has been paid to the Gallery, pledges the Work of Art, in whole or in part, to a third party or attempts to transfer ownership thereof, the Buyer will owe the Gallery an immediately due and payable fine in the amount of the remaining part of the purchase price not paid to the Gallery, without prejudice to the Gallery’s right to full compensation. Furthermore, the Buyer is obliged to provide the Gallery with information from the aforementioned third parties.

i). The risk of loss, destruction and/or damage to Works of Art that the Buyer delivers to the Gallery for processing or repair remains with the Buyer, unless otherwise determined by written agreement.

Article 9 – Force majeure

a). If the Gallery is unable to fulfill any obligation towards the Buyer due to force majeure, that obligation will be suspended during the period during which the force majeure continues. If the force majeure situation has lasted for six months, both parties have the right to terminate the agreement in whole or in part, without any right to compensation for damage, costs or interest.

b). “Force majeure” includes any circumstance beyond the control of the gallery owner, even if it could already have been foreseen at the time the agreement was concluded, which permanently or temporarily prevents the fulfillment of the agreement. Force majeure should in any case be understood as: war or similar situations, riot, sabotage, boycott, strike, occupation, blockade, illness of the Gallery Owner, failure of transporters, natural disasters, bad weather, lightning strike, flood, fire, explosion and release of hazardous substances or gases.

Article 10 – Payment

a). Payment must be received by the Gallery within 14 days of the invoice date, unless otherwise agreed in writing. The Gallery is entitled to make partial deliveries and invoice them separately.

b). Complaints about received invoices must be made known to the Gallery in writing within 8 days after the date of dispatch or issue of the invoice, failing which the invoice in question will be unconditionally approved by the Buyer.

c). All payments by the Buyer must be made without any deduction or set-off, unless the Buyer’s counterclaim against the Gallery has been expressly recognized by the Gallery or has been legally established. The Buyer is not entitled to suspend his payment obligation.

d). The Gallery has the right to require payment in advance or cash if it sees reason to do so.

e). By the mere expiry of a period of 30 days after the invoice date, the Buyer will be in default, without the need for a notice of default or reminder, and will owe immediately due interest on the amounts due from the date of default of 2% per month. or per part thereof. The Gallery may further suspend further deliveries until full payment of all amounts due has been received.

f). All costs, both extrajudicial and judicial costs (including all costs associated with legal assistance) incurred by the Gallery in enforcing its rights against the Buyer will be borne by the Buyer. The extrajudicial costs are calculated in accordance with the rates of the Portuguese Bar Association.

Article 11 – Dissolution after non-payment 

If payment is not made within the stated term even after a reminder, the Gallery is entitled to terminate the agreement in whole or in part at its discretion by means of a written statement to the Buyer, without prejudice to its right to compensation.

Article 12 – Dissolution

a). If the Buyer does not, does not properly or does not timely comply with any obligation that may arise for him from the Purchase Agreement, as well as in the event of bankruptcy or (provisional) suspension of payment of the Buyer, the Buyer is in default without notice of default and the Gallery entitled without judicial intervention:

  1. to suspend the execution of the Purchase Agreement until compliance with this obligation has been sufficiently assured in the opinion of the Gallery; and/or
  2. to dissolve in whole or in part each of the Purchase Agreements that the Gallery has concluded with the Buyer, without prejudice to the other rights of the Gallery and without the Gallery being obliged to pay any compensation.

b). In all cases referred to in the previous paragraph, all claims of the Gallery against the Buyer are immediately and fully due and the Gallery is entitled to reclaim the relevant unpaid Works of Art. In that case, the Gallery and its authorized representative(s) will be entitled to enter the Buyer’s buildings in order to take possession of those Works of Art in order to give the Gallery the opportunity to enforce its rights.

Article 13 – Warranty & return policy 

  1. This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Peculiar Gallery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Peculiar Gallery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Peculiar Gallery does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
  1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    In no case shall Peculiar Gallery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  1. a). The Buyer acquires the Work in the condition it was in at the time of purchase. The Buyer must inform himself in advance about the condition of the Work of Art.

b). The Gallery guarantees the authenticity of the Work of Art, unless the guarantee is expressly or tacitly reserved (for example by the value of the price paid for the Work of Art). A certificate of authenticity will be issued by the gallery to accompany the Work.

c). The Gallery guarantees the Buyer against damage to the Work of Art occurring during the period in which the Work is located in the gallery space until the date on which it is delivered to the transport company, unless a third party is fully or partially responsible for the damages under the law. Damage caused by or resulting from a defect in the frame is not covered by the Gallery’s warranty or liability.

d). Any complaint regarding the non-conformity of the Work of Art must be communicated to the Gallery, in writing, within one month after receipt or after the damage has occurred, under penalty of loss of rights. Our policy lasts 30 days. If 30 days have gone by since purchase, unfortunately the gallery can’t offer a refund or exchange. To complete the return, the gallery requires a receipt or proof of purchase.

e). In the event of a lost or damaged order we’ll start a legal process with the contracted Portugal post service CTT and will refund after the resolution of the case. If the Buyer is from any country other than Portugal we can’t assure the resolution of the case within the Buyers country. We advise the Buyer to start an inquiry with the local courier service and the gallery will help you in the best way we can.

f). Once the return is received and inspected, the Gallery will send an email to notify the Buyer that the Gallery has received the returned item. The Gallery will also notify the Buyer of the approval or rejection of your refund.

g). If the complaint is submitted timely, correctly and in accordance with and taking into account all the provisions of articles 10 and 12, the resulting obligations for the Gallery are as follows:

  1. If, in the Gallery’s reasonable opinion, it has been sufficiently demonstrated that the Work of Art has been damaged and that the Gallery is responsible therefor, the Gallery will have the choice:
  2. return the monetary amount paid, upon return of the damaged Work of Art;
  3. repair the Work of Art in question;
  4. grant the Buyer a discount on the purchase price to be determined by mutual agreement.
  5. Exchange the work of art for another similar work (by the same artist or another artist of the buyer’s choice), in the same value as the damaged work. Transport costs will be borne by the buyer, unless otherwise agreed.

h). By fulfilling one of the aforementioned installments, the Gallery will have fully fulfilled its obligations towards the Buyer;

There are certain situations where only partial refunds are granted: (if applicable)

  1. If, in the reasonable opinion of the Gallery, it has been sufficiently demonstrated that the Work of Art is not genuine, contrary to a declaration of authenticity, the Buyer has the exclusive right to a refund of the purchase. price paid for the Work of Art – without any compensation for any loss of interest or otherwise – against the simultaneous return of the Work to the Gallery, provided that the Buyer returns the Work in the same condition as it was at the time of delivery of the Work of Art and the shipping cost for return is borne by the Buyer. By refunding the purchase price, the Gallery will have fully fulfilled its obligations to the Buyer. If the Buyer is unable to return the Work of Art in the same condition as it was in when the Work of Art was delivered, the Buyer’s claims will lapse and the Gallery will not be obligated to make a refund.
  1. If the Gallery carries out repair work on a Work of Art, this Work of Art remains at the Buyer’s expense and risk. Until such time as the Gallery has taken back a Work of Art in accordance with the provisions of paragraph 5 of this article, this Work of Art also remains at the risk and expense of the Buyer.
  2. To complete your return, we require a receipt or proof of purchase.
  3. There are certain situations where only partial refunds are granted: (if applicable)
  1. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
  1. Late or missing refunds:
    If you haven’t received a refund yet, first check your bank account again.
    Then contact your credit card company, it may take some time before your refund is officially posted.
    Next contact your bank. There is often some processing time before a refund is posted.
    If you’ve done all of this and you still have not received your refund yet, please contact us at:

info@peculiargallery.com

Article 14 – Shipping

The Buyer will be responsible for paying for his own shipping costs for returning the Work of Art. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

To return your product, you should mail your product to:

Peculiar Gallery

Rua D. Manuel II, 81 – Loja 43, Piso -1

Porto PT 4050-345

Portugal

Article 15- Exchanges

We only replace items if they are defective or damaged. If the Buyer needs to exchange it for the same or another item, must send an email at:

 info@peculiargallery.com

 and send the Work of Art to:

Peculiar Gallery

Rua D. Manuel II, 81 – Loja 43, Piso -1

Porto PT 4050-345

Portugal

Article 16 – Sale items
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Article 17 – Conclusion of the Purchase Agreement

A Purchase Agreement between the Gallery and the Buyer will only be concluded when the Gallery has expressly accepted an offer from the Buyer in writing, and or if accepted the full payment for the Work of Art and upon delivery.

Article 18 – Use of this Site

Harassment in any manner or form on the site, including via e-mail directed at or otherwise concerning Peculiar Gallery and our artists or products of or references, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including all our artists or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site, including via any of the e-mail addresses issued on the site or otherwise addressed at people or companies mentioned on or affiliated to the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Article 19 – Limitation of Liability

Peculiar Gallery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Peculiar Gallery as been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Article 20 – Errors, Inaccuracies and Omissions

a). Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

In the event that a Peculiar Gallery product is mistakenly listed at an incorrect price, Peculiar Gallery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Peculiar Gallery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Peculiar Gallery shall issue a credit to your credit card account in the amount of the incorrect price.

b). We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

c). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Article 21 – Termination of terms

a). These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Peculiar Gallery without notice at any time, for any reason.

b). The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Article 22 – Expiration period

 a). Unless otherwise stated in these terms and conditions, rights of action and other powers of the Buyer with regard to the purchase and sale of the Work of Art against the seller expire in any case six months after the purchase agreement has been concluded.

b). Rights and powers that arise for the Buyer from the purchase agreement with the Gallery are not transferable.

Article 23 – Settlement

 Setoff by the Buyer of a claim from the Gallery with a counterclaim against the Gallery is only permitted to the extent that the counterclaim has been expressly recognized by the Gallery or has been irrevocably established in court.

Article 24 – Applicable law

Agreements and any other legal relationships between the Buyer and the Gallery are exclusively governed by Portuguese law, to the exclusion of the Vienna Sales Convention.

Article  25 – Notifications

Peculiar Gallery may deliver notice or notifications to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Peculiar Gallery.

Article 26 – Participation Disclaimer

Peculiar Gallery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Peculiar Gallery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Peculiar Gallery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Peculiar Gallery in its sole discretion.

Article 27 – Indemnification

You agree to indemnify, defend, and hold harmless Peculiar Gallery, its officers, directors, employees, agents, managers, colleagues, partners, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Article 28 – Third-Party Links

a). In an attempt to provide increased value to our visitors, Peculiar Gallery may link to sites operated by third parties. However, even if the third party is affiliated with Peculiar Gallery, Peculiar Gallery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Peculiar Gallery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Peculiar Gallery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

b). We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
c). You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
d). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

e). Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
f). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Article 29 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Article 30 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Article 31 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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