Artworks and Merchandise listed on the Site (“Artwork” or “Artworks”) subject to their availability. Each of the Artwork offered comes with a short explanation containing information about its medium, its dimensions, name, artist, availability, and type. To place an order for an Artwork, you must first register for a membership, select the Artwork of your choice, place it in your cart, and provide the necessary personal information to have your order placed. Please apply for a business meeting using the inquiry form if you have any inquiries.
We accept payment made through bank transfer, credit/debit card (Visa, MasterCard, American Express, JCB, Diners, UnionPay) or Paypal for all orders. By placing an order using one of the above credit/debit card payment methods, you confirm that the method of payment used is yours or that you have been authorised to use it by the owner. If your card issuer refuses to authorise payment to us, we will not be liable for any delay or non-delivery. After the sales contract has been concluded, you shall pay for the Artworks by the due date in accordance with the method specified by us. In the event that you fail to pay for the Artworks by the relevant time limit, we are entitled to cancel the sales contract.
4. Delivery and Shipping Costs
Unless otherwise specified, artwork will be shipped from our storage facility in Taiwan and delivered by international courier. Shipping costs will be quoted individually for each order once the customer has completed the order. This does not apply to orders where the customer arranges their own delivery company. Should you choose to do so, obligations regarding the delivery procedures, schedules and costs are your sole responsibility. We shall in no case be held liable whatsoever.
5. Returns and Refunds
As a general rule, Gin Huang Gallery (including stores and online galleries) do not accept cancellations after the shipment is completed at your discretion. Return or refund is only available when the Artworks are damaged at the time of delivery. Any return or refund must be raised to Gin Huang Gallery within 48 hours from the date of delivery. For refunds, shipping charges, taxes, and customs duties will not be refunded.
The Artworks sale price listed on the Site in the currency set by you does not include shipping, packaging costs, local taxes such as sales tax and import tax in the customer's country of residence. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery. According to the laws and regulations of our shipping point and the country of destination, the delivery may be subjected to sales tax, import duty, customs duty, etc. separately.Please note that prices displayed are subject to change depending on market conditions and during the sales period. Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. While we use our best effort to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any Artworks that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
7. Force Majeure
We shall not be responsible or liable for any failure or delay in the performance of the Service caused by, directly or indirectly, forces beyond our control, including, without limitation, acts of God, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, server malfunctions, hacking activities or other security breaches, and or disruption of utilities. In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. The party invoking this force majeure clause must immediately inform the other party, as well as upon its extinction thereof.
We reserve the right to terminate, suspend the use of all or part of the Service, cancel sales contracts, or take other necessary measures for any reason without prior notice or liability if we believe that you have breached these Terms and Conditions or applied any of the following. Upon termination of your membership, your right to use the Service will cease immediately and your Membership Rank (also referred to as “Rank”) based on the value of your purchases will be forfeited. The following stated will result in the mentioned above: Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Service in any way. If the communication required for the delivery of the work has not been established for 14 days. If the price of the work and shipping charges are not paid to the designated account within 30 days after the invoice is issued. Initiating any communication that contains unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or racially, ethnically or otherwise objectionable material. Impersonating others or providing any kind of false information. In the event when the payment processor requests you to stop using the service. In the event when the payment processor or any other payment service provider takes measures to suspend the use of payment or receiving agent services. When we determine that the customer falls under the category of anti-social forces such as organised crime groups or those with close relationships to these parties, or those of their equivalents to such forces.
Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Service will meet your requirements, nor imply that the Service will be free from defects, errors, bugs, infringements of rights relating to factual or legal deficiencies, safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, any other related to the quality, function, or compatibility with other products either explicitly or implicitly. Certain jurisdictions do not allow the exclusion of specific types of warranties or limitations on a consumer's applicable legal rights. Therefore, few or all of the above exclusions and limitations may not apply to you. However, in such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. We do not guarantee that the use of the Site and Service will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed. Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, we will always do our best to aim at maintaining our Service but will not be responsible for failing to meet any obligations in this Terms & Conditions.
10. Intellectual Property
All “Content” (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of Gin Huang Gallery or the Artists, which is protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by us and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorisation of Gin Huang Gallery. Any such unauthorised actions may result in civil consequences or criminal penalties. We reserve the right to withdraw or amend any item of the Service without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
11. Governing Law and Dispute Resolution
Terms and Conditions and your use of the Service will be governed by the laws of ROC, except for the conflict of law provisions. You agree that if you have any concerns or disputes about the Service, you first try to resolve the dispute informally by contacting us. Our policies and procedures are in accordance with ROC law. In the event of any dispute or claim relating to these Terms and Conditions, the relevant courts of ROC will have exclusive jurisdiction.
12. Indemnity and Waiver
At our request, you agree to compensate us fully and hold us (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms & Conditions by you. This includes the use of the Site by any other persons using your account caused by your action or inaction. If you breach the Terms and Conditions and we take no action against you, it is no wavier for us to exercise our rights and remedies in any other situation where you breach the Terms and Conditions.
13. Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original Chinese text shall prevail in the case of a dispute.
14. Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace the Terms and Conditions at any time. If the amendment is significant, we will make reasonable efforts to notify you as soon as possible before the new Terms and Conditions become effective. What constitutes a material change will be determined at our sole discretion. After these amendments take effect, you agree that your continued access to or use of our Service will be bound by the amended Terms and Conditions.
If you have any questions about these Terms and Conditions, you can contact us: By email: firstname.lastname@example.org