GENERAL TERMS AND CONDITIONS Pertaining to Apartments of New York Shop

1) LEGAL SCOPE

The business relationship between Apartments of New York and the Customer are governed only by the following terms and conditions, valid at the time of the order. Apartments of New York accepts no other conditions from the Customer, unless Apartments of New York expressly agrees to them in writing.

2) CONCLUSION OF CONTRACT

  1. An order made on Apartmentsofny.com is identical to an offer to conclude a purchase contract. After ordering on Apartmentsofny.com, an e-mail will be sent from Apartments of New York to the Customer, confirming the receipt of the order, and the details of the order (order confirmation). The Contract is concluded at the time at which the written order confirmation is sent.

  2. The Customer purchases the desired Artworks by completing and sending the order form. The acceptance from Apartments of New York is subject to the availability of the ordered items. The Customer expressly agrees not to demand an explanation of acceptance from Apartments of New York. The Customer will be notified in case of prolonged / late delivery times, or non-availability of the ordered goods.

3) PRICES, PAYMENT, SETTLEMENT AND DELAYS

  1. All prices communicated by Apartments of New York are net prices and are quoted in USD, unless otherwise expressly agreed.

  2. Packaging, handling and shipping costs and other transport / customs fees, are not included in the price quoted on Apartments of New York and will be charged separately. Exceptions are related to offers with declared free shipping.

  3. The following payment methods are available to the Customer: credit card, and debit card payments.

  4. The purchase price will be due at the time of purchase.

  5. If the Customer defaults on his payment, Apartments of New York is entitled to claim interest at the rate of 5%. The right of Apartments of New York to seek compensation for a higher loss remains unaffected, as well as the Customer's right to claim lower fees.

  6. If the Customer defaults on his payment, Apartments of New York is entitled to withdraw from the Contract and recover the transferred goods.

4) RETENTION OF TITLE

  1. The artworks delivered by Apartments of New York remain the property of Apartments of New York, until all contractual obligations are executed. This includes claims of any kind from Apartments of New York towards the Customer, in relation to the delivered artworks, which arise retrospectively after the delivery of the artworks. This also applies if payments on specifically designated claims have been executed.

  2. The Title can be passed to the Customer after a written consent from Apartments of New York has been granted, or the Customer undertook his commitment. If Third parties take hold of the artworks, particularly in the case of seizure, the Customer must immediately inform Apartments of New York in writing as well as immediately inform the Third party about the Apartments of New York ownership Title.

5) WARRANTY, INSPECTION AND NOTIFICATION

  1. It is assumed to be known that all works of art, especially works on paper and photographs, depending on the conditions of the environment, can see their appearance and color change and fade. Apartments of New York gives no warranty for this immutable process of change.

  2. In the case of a defect, the Customer has the choice to make a respective value deduction from the price, to withdraw from the contract or to obtain a replacement if applicable. The Customer’s right for claim in case of damages remains reserved in all cases.

  3. In case of unfounded notifications of defects, Apartments of New York reserves the right to invoice the outcome cost to the Customer.

  4. The Customer must undertake the condition examination of the artworks promptly upon receipt, and if there are defects, these have to be reported with photograph illustrations to Apartments of New York within 3 days from the receipt. Failing this, the works are deemed as accepted by the Customer.

  5. Photographs, images, laminations and frames should not be completely or partially exposed to direct sunlight, be hung directly above heaters and be exposed to the level of humidity which exceeds the levels of normal living spaces. Photographs, lamination and frames are therefore not suitable for outdoor spaces, cellars, bathrooms and kitchens. Lamination with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains, and therefore must be handled with gloves or a comparable protection. The same applies to surfaces of sculptures. Changes in wood and other materials are subject to the law of nature and have to be calculated over lengthy periods. Cleaning of art objects requires special diligence.

6) DELIVERY AND PACKAGING

  1. Before accepting the goods, the Customer must inspect the artworks immediately for any defects and notify Apartments of New York. In case of obvious defects noticed after the goods have been accepted, the Customer must inform Apartments of New York with photograph illustrations within 3 days of acceptance. If the Customer fails to do so, the exercise of damage claims for such obvious defects is excluded.

7) SHIPPING COSTS

  1. The Customer assumes all shipping and packaging costs, unless it has been agreed otherwise in writing, or is in relation to offers with declared free shipping.

  2. Due to the diverse nature of the type of the artworks, and their dimensions and weight, Apartments of New York can only provide a limited estimate of the shipping expenses. For large and heavy objects the costs will be clarified and forwarded by the respective shipping company.

8) BENEFIT AND RISK

  1. Benefit and risk will pass to the Customer when the artwork is handed over to the delivery service for delivering.

  2. The Customer shall recourse to the respective delivery service for any transport damages.

9) LIMITATION OF LIABILITY

  1. Any liability of Apartments of New York - as far as legally possible – is expressly excluded. In particular, Apartments of New York shall not be liable for defects that are not on the goods themselves, or arose due to late delivery, misleading artwork images, goods descriptions or prices, or for damage caused by misuse, inappropriate installation, improper handling of the goods, or due to activities or omissions of third parties. Also excluded is the liability for claims, and specifically damage claims, from third parties and for consequential damage claims or lost sales and profits of any kind.

  2. Apartments of New York is also not liable for the consequences of independent events, such as war, natural disasters, boycotts, strikes, etc. or legal impossibility. In the event of force major, Apartments of New York has the right to withdraw from the agreement without compensation obligation, or to suspend it for a period of time appropriate to the situation.

  3. Liability for damage to the Customer, especially for damage to the rights or assets of the Customer, is expressly excluded.

  4. The liability for warranted characteristics, and for the case of intent or gross negligence is not affected by this provision. Further warranty claims than those specified in this contract are excluded.

10) NO GRANTING OF RIGHTS

  1. With the purchase of one artwork, only the property rights for this particular artwork are acquired. At no point is there any specific usage right that is granted. Any reproduction (multiplication), circulation, publication, or other analogue or digital use is not allowed.

  2. Apartments of New York does not make any claim on the rights of the artist(s) whose works are presented for sale. Apartments of New York may or may not have any association with the artist(s) whose work is being presented for sale. All works presented are physically owned by Apartments of New York, it’s owners, and or partners. All copyrights are the exclusive property of the artists. Apartments of New York is a privately owned, independent, online resale gallery. The public exhibition of the acquired artworks is subject to the consent of the artist(s) concerned.

11) INTERNATIONAL SHIPPING, CUSTOMS AND IMPORT TAXES

  1. Apartments of New York currently only accepts orders from US based Customers. Apartments of New York will not ship internationally.

12) RETENTION OF TITLE

  1. The delivered goods remain the property of Apartments of New York until the final payment has been received in full.

13) PRIVACY

  1. Unless otherwise agreed, Apartments of New York uses the personal data provided under this contract only for the purpose of the execution of the Contract. Use for purposes of market and opinion research, and for advertising purposes is subject to the consent from the Customer.

14) LIABILITY FOR ONLINE CONNECTIONS

  1. Apartments of New York is committed to ensure the security of the systems, programs, etc. that belong to it and which it can influence, and to follow the rules of data protection.

  2. The Customer must ensure the security of the systems, programs and data that reside in its sphere of influence. Customers should protect their passwords and usernames from access by third parties for the sake of their own interests.

  3. Apartments of New York is not liable for damages and disruptions that are beyond the scope of its responsibility, especially not for safety deficiencies and operational failures of third party companies, which it works with or from which it is dependent.

  4. Furthermore, Apartments of New York is not liable for improper actions and disregard for the risks by the Customer or third parties, excessive use, unsuitable resources of the Customer or a third party, extreme environmental influences, Customer intervention or interference by third parties (viruses, worms, etc.) that happen despite necessary safety precautions.

15) FINAL PROVISIONS

  1. Changes or amendments to this agreement must be in writing. Verbal agreements are not permitted.

  2. Unless otherwise specified, any transfer of rights and obligations under this contract from the Customer to a third party requires a prior written consent from Apartments of New York. This consent may not be provided only due to important reasons.

  3. If any provision of this Agreement is or becomes invalid, the remaining provisions shall remain valid. The parties agree to replace the invalid provision by a valid provision which best corresponds to the economic aims of the parties. The same applies in the event of a contractual gap.

  4. If for any reason one or more legal actions arise between the Customer and Apartments of New York, these are subject to US law only