Terms & Conditions
Introduction
Welcome to Gammas Art Gallery. By using our website and services, you (the user) agree to comply with and be bound by the following terms and conditions. Please review them carefully, as they protect your interests as well as ours.
This website is operated by Gammas Art Gallery. The terms “we”, “us”, and “our” refer to Gammas Art Gallery. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorised to access our website, use any of our website’s services or place an order on our website.
Use of Our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorised purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorised access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorise us to collect and use this information to contact you in accordance with our Privacy Policy.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
Eligibility
Our services are available to anyone who can form legally binding contracts under applicable law. This excludes individuals under the age of 18. By using our services, you affirm that you are at least 18 years of age.
Artwork Ownership
The acquisition of a physical artwork from Gammas Art Gallery does not transfer the copyright or intellectual property rights of that design to the buyer. All designs, images, descriptive information, and website content remain the sole intellectual property of Gammas Art Gallery and our artisans, protected by EU and international copyright laws. Buyers are strictly prohibited from reproducing, distributing, or commercially exploiting the artwork's image without express written consent.
Ownership of Thangka Designs
All Thangka designs featured on the Gammas Art Gallery website are the exclusive intellectual property of Gammas Art Gallery. In the case of commissioned paintings where the client provides specific instructions to Gammas Art Gallery, the resulting designs are considered the property of Gammas Art Gallery. Gammas Art Gallery reserves the exclusive rights to reproduce, sell, and commission paintings with identical designs for other clients.
Intellectual Property
The entirety of this website, including text, graphics, logos, images, and software, is the property of Gammas Art Gallery and protected by UK, EU, and international copyright laws.
Privacy
We adhere to stringent privacy policies in accordance with the UK Data Protection Act and the General Data Protection Regulation (GDPR) of the EU. Our Privacy Policy outlines how we collect, use, and safeguard your personal information.
Products & Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Euros.
We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
Due to the traditional use of natural mineral pigments, the luminosity and hue of authentic Thangkas shift depending on the lighting environment. While we make every effort to display our artworks as accurately as possible, we cannot guarantee that your digital monitor or device will accurately render the exact physical colours, textures, or gold luminescence of the final piece.
Links to Third-Party Website
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Errors & Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
Disclaimer & Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. Our liability relating to any product purchased through our website is strictly limited to the purchase price of that product. Gammas Art Gallery will not be liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind howsoever arising.
Our Right to Modify These Terms and Conditions
We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system's capabilities.
Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Headings
Any headings and titles herein are for convenience only.
Transfer of Title and Risk of Loss
Legal title and ownership of any artwork purchased from Gammas Art Gallery shall not pass to the buyer until we have received payment in full, including any applicable shipping charges. However, the risk of loss or damage to the artwork passes to the buyer upon successful delivery of the item to the buyer's specified shipping address.
Import Duties, Customs, and Buyer Abandonment
For all international acquisitions, the buyer is considered the "Importer of Record" and is legally responsible for all customs duties, import taxes, and VAT levied by the destination country. Gammas Art Gallery has no control over these charges. If a buyer refuses to pay applicable customs duties, resulting in the artwork being returned to our gallery, abandoned, or destroyed by customs authorities, the buyer remains fully liable for the original purchase price. Any return shipping costs or penalty fees incurred by Gammas Art Gallery due to customs refusal will be deducted from any potential refund.
Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Force Majeure (The "Act of God")
Gammas Art Gallery shall not be held liable for any failure or delay in the performance of our obligations (including the creation of bespoke commissions and international shipping) if such delay or failure is caused by events beyond our reasonable control. This includes, but is not limited to, acts of God, natural disasters, global pandemics, strikes, customs delays, geopolitical instability, or disruptions to international courier networks.
Dispute Resolution & Arbitration
In the event of any controversy, claim, or dispute arising out of or relating to these Terms & Conditions, the acquisition of artworks, or the breach thereof, both parties agree to first attempt to resolve the issue amicably through good-faith negotiations. If the dispute cannot be resolved informally within thirty (30) days of written notice by either party, the parties agree to seek resolution through binding mediation or arbitration in Alicante, Spain, before resorting to formal litigation.
Governing Law and Jurisdiction
These terms and conditions, and any disputes arising from your use of Gammas Art Gallery or the acquisition of artworks, shall be governed by and construed in accordance with the laws of Spain and the European Union. Any disputes or claims shall be subject to the exclusive jurisdiction of the courts of Spain.
For any further queries, please contact us at info@gammas.com.
With Warm Regards,
The Gammas Art Gallery Team