General Terms and Conditions of Sale
The purpose of Liberty St. website accessible at https://libertystreet.ae/ (the "Website”) is to display the Artists' (the "Sellers”) Artworks (the "Artworks”) to users of the site (potential "Buyers") and give them the opportunity to purchase them online directly from the Seller. Sales made through the Website are executed directly between the Buyer and the Seller. Liberty St. is in no way a reseller of the Artworks offered by the Sellers on the Website. Liberty St. acts as a simple intermediary operating the Website enabling Sellers and Buyers to connect. The terms and conditions of sale which may be laid down by the Seller in each of its offers, the legal provisions and contractual liability shall apply to the sale contract executed between the Buyer and the Seller.
1 - ACCEPTANCE
The acceptance of these T&Cs is required for the conclusion of the sales contract, by both the Seller and the Buyer.
2 - ORDER
The Seller offers the Artworks for sale on the Website. Each proposed Artwork comes along a short description containing information on its support, dimensions, nature, and certificate of authenticity. To purchase an Artwork, the Buyer must select the Artwork of his/her choice, place it in his/her shopping cart and fill in the information required for the order (or identify him/herself if he/she has a user account). Before confirming the order, the Buyer must check the information contained in the order summary, and has the possibility of correcting any errors, as well as agreeing on the delivery costs.
The Buyer account will not be debited until the validation of the purchase offer, carried out within 48 hours from the order by Liberty St., to ensure the availability of the Artwork by the Seller. In the event the Artwork is not available, an email informing the Buyer will be sent within 48 hours from the order, resulting in the cancellation of the order.
- SPECIFIC CASES OF REQUESTS FOR CUSTOMISATION OF ARTWORKS
A "customization request" is defined as any change requested by the user that results in a modification of the initial characteristics of the Artwork (size, material, aspect...). If the Artwork (in stock or to be produced) is subject to a customization request from the Buyer, the Seller will make a quotation to the Buyer and will wait for its validation before producing the Artwork. The quotation contains a provisional delivery date for the customized Artwork.
3 - SALE PRICE AND PAYMENT TERMS
The sale price of the Artworks is displayed on the Website in the currency determined by the Buyer and includes all taxes, with the exception of delivery and packaging costs where applicable. The different possible delivery methods, and the related costs, are indicated at the time of the order summary before check out. The delivery and packaging costs depend on the nature of the Artwork, its dimensions, its weight, and the place of delivery. Payment of the price of the Artwork by the Buyer to the Seller is made via the payment services made available by Liberty St.: credit card and bank transfer. The transfer of ownership takes place once the Buyer has paid the full price. In the event of non-payment of the full price, the sale will be automatically cancelled, and the Artwork will be put back for sale on the Website.
4 - DELIVERY OF ARTWORKS
Artworks are delivered at the address indicated in the order summary form, during working hours and in accordance with the terms and conditions laid down by the carrier determined at the time of the order. The Buyer must acknowledge the terms and conditions of delivery of Artworks’ carriers. The obligations relating to the delivery of the Artwork, i.e. compliance with the estimated delivery date, the quality of the packaging of the Artwork, as well as compliance with the fit for purpose obligation, are the sole responsibility of the Seller. Liberty St. cannot be held liable in any way in the event of the Seller's failure to comply with these obligations.
The Buyer is obliged, upon reception of the order, to check the condition of the Artwork and to express any reserve in writing and without delay, at the latest within 48 hours as from the reception to Liberty St., which will pass them on to the Seller.
5 - RIGHT OF WITHDRAWAL
the Buyer has a period of 14 days from the delivery of the Artwork to exercise his right of withdrawal from the Seller, free of charge and without reason (except if the Artwork have been the subject of a request for personalization by the Buyer). If the Artwork is subject to a customization request, the Buyer may not exercise his right of withdrawal.
If the Seller is acting as a consumer or non-professional, he/she shall specify in the offer whether the Buyer is granted a right of withdrawal. The Buyer exercises his/her right of withdrawal with Liberty St. by sending an email to the following address info@libertystreet.ae.
Liberty St. will then deal with the Buyer's request for withdrawal and will reimburse the Buyer within 14 days of the date on which Liberty St. is informed of the Buyer's withdrawal. The refund will be for the price of the Artwork paid by the Buyer as well as the return costs.
Artworks returned damaged or soiled by the Buyer will not be taken back or reimbursed, Liberty St. reserving this choice at its sole discretion.
6 - LEGAL GUARANTEES
The Seller undertakes to respect and implement the legal guarantees from which the Buyer benefits, namely: the guarantee of non-conformity and the guarantee of hidden defects.
7 - INTELLECTUAL PROPERTY
The Seller guarantees that he is the author of the transferred Artwork, that the Artwork does not infringe any laws, regulations, or standards and that it does not violate the rights of third Parties. Seller undertakes to guarantee Liberty St. and the Buyer and keep them harmless against any claim filed by a third Party concerning the Artwork.
At the time of the sale, the Seller transfers to the Buyer the material support of the Artwork and its rights of representation on the Artwork. However, the Seller retains the moral rights to the Artwork as well as the rights related to its reproduction.