Effective Date: January 1st, 2025
By accessing or using Zach Frank & Co. Art Gallery’s website ("Website") and services (collectively, the "Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). Please read them carefully.
1. Acceptance of Terms
By using the Website, you agree to these Terms, which govern your access to and use of the Services. If you do not agree to these Terms, you must stop using the Website immediately.
2. Eligibility
To use the Website and purchase art from our gallery, you must be at least 18 years of age or have the permission of a legal guardian. By making a purchase, you represent and warrant that you meet these eligibility requirements.
3. Sales and Purchases
All sales are final. Upon purchasing any artwork through our Website, you agree that the transaction cannot be reversed, refunded, or exchanged under any circumstances.
Approval of Purchases: All purchases made through the Website are subject to our approval. We reserve the right to decline or cancel any order at our discretion, for any reason, including but not limited to issues with inventory, pricing errors, or suspected fraud.
Payment: All payments for artwork must be completed in full before shipment. We accept various forms of payment credit card, debit card, paypal, and apple pay.
4. Pricing and Availability
All prices listed on the Website are subject to change without notice. We make every effort to ensure that pricing and availability are accurate; however, we do not guarantee the accuracy of prices or availability. If an error occurs, we reserve the right to cancel the transaction and issue a refund.
5. Copyright and Ownership
All artwork displayed on the Website is owned by Zach Frank & Co. Art Gallery or the respective artists. You may not copy, reproduce, or distribute any of the artwork without express written consent.
6. Intellectual Property
All content, including but not limited to artwork, text, images, logos, and designs, on the Website is the property of Zach Frank & Co. Art Gallery and is protected by intellectual property laws. You agree not to infringe upon any such rights.
7. Limitation of Liability
In no event shall Zach Frank & Co. Art Gallery, its employees, or affiliates be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost data, or damages resulting from the use of or inability to use the Website or any product purchased.
8. Indemnification
You agree to indemnify, defend, and hold harmless Zach Frank & Co. Art Gallery, its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, or expenses arising from your violation of these Terms.
9. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall take place in the state or federal courts located in New York County, New York. By using the Website, you consent to the exclusive jurisdiction and venue of such courts.
10. Changes to Terms
We reserve the right to update, amend, or change these Terms at any time. The most current version of the Terms will always be posted on this page with an updated effective date. These Terms remain in full effect indefinitely unless and until we post new Terms, at which point the revised Terms will apply to all users. By continuing to use our Website after any changes are made, you agree to be bound by the updated Terms.
Effective Date: January 1st, 2025
The following disclosures apply to all transactions conducted through Zach Frank & Co. Art Gallery's Website.
1. All Sales Are Final
All artwork purchased through the Website is sold "as-is," and all sales are final. No refunds, returns, exchanges, or cancellations are allowed once the purchase is confirmed.
2. Transaction Approval
All transactions are subject to our approval. If we are unable to approve your purchase for any reason, we will notify you and cancel the transaction. Any funds already paid will be refunded.
3. Price Accuracy
While we strive for accuracy, the prices listed on the Website may be subject to error. In the event of an error, we reserve the right to cancel your order and issue a full refund.
4. Shipping and Handling
We ship artwork to the address you provide at checkout. Shipping costs are calculated at checkout. You are responsible for any additional fees, including customs duties or taxes, if applicable.
5. Risk of Loss
Once your order is shipped, the risk of loss for the artwork passes to you. We are not responsible for lost or damaged shipments once they have been dispatched.
6. Art Authentication
We provide certificates of authenticity for certain artwork. However, we do not guarantee the investment value of any piece, and you acknowledge that any purchase of art is at your own risk.
7. Legal Compliance
By making a purchase, you agree to comply with all applicable laws and regulations concerning the purchase, transport, and ownership of artwork.
