Terms of Sale

These Terms of Sale apply to all offers made by Afrogallery.com, all orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

Return Rights

We are committed to quality products and your satisfaction is 100% guaranteed.

If for any reason you are not completely satisfied with your purchase, you may return it within 30 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.

If your order should arrive in less than satisfactory condition, we offer a convenient Photo Return option. Simply take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send to This email address is being protected from spambots. You need JavaScript enabled to view it.. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. Your request will be processed within 48 hours and you will receive an email letting you know your replacement is under production or your refund is being processed.

To return your item(s) please pack them in the original tube or box and include the completed Return Instructions form which you will find on the back of the Packing List included with your order. Be sure to specify the reason for the return and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method.

Pricing

Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do not charge your credit card until after your order has entered the shipping process. If an item's correct price is higher than our stated price, your sole recourse is cancellation of your order.

Acceptance of Order

We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).

Sales Tax

Product Descriptions

We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.

Some images will have small print at the bottom. This is copyright information and legally Afrogallery.com is not authorized to remove the small font from the bottom of the image. This font is so small it occasionally does not show up when the image is viewed online.

Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

Applicable Law

The offers by Afrogallery.com, your orders, and the agreements between us for the delivery of our services and products are subject to the laws of the State of California. The state or federal courts located in Alameda County, California will have exclusive jurisdiction to settle any dispute between us in relation to our products or services.

 

Terms of Use

Privacy

You should review our privacy policy to understand our privacy practices.

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

  • reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
  • use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;
  • engage in any activity that interferes with the website or another user's ability to use the website;
  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Electronic Communications

ou consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Afrogallery.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Copyright & Trademark Compliance / Complaints

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.

Statement on Human Trafficking and Slavery

We are part of a global community and supply chain. We are selective of our vendors and make efforts to ensure that the workers in this country and abroad that make up our supply chain are protected. We will not tolerate the involvement of our suppliers in human trafficking and slavery, including sweatshops and forced or child labor. We obtain contractual representations from our vendors of their compliance with such laws and have the discretion to, with or without notice, inquire on their practices.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.

Photos to Art Terms of Use

Users of our Photos to Art service must review and understand our Photos to Art terms of use.

 

Terms of service

If you are under age 18, your parent(s) must use the Website. This Terms of Use sets forth the legally binding terms and conditions for your use of Art9allery.com. By using Afrogallery.com you agree to be bound by this Terms of Use, whether you are a visitor (which means you are a user browsing Art9allery.com). You are only authorized to use Art9allery.com if you agree to abide by this Terms of Use and applicable laws. Please read the terms and conditions of this Terms of Use carefully and save it. If you do not agree with the Terms of Use, you should leave Art9allery.com immediately, you may not access or otherwise use the Website or services.

Art9allery, reserves the right to change or modify the terms and conditions of this Terms of Use at any time, with such changes or modifications becoming effective immediately upon posting on this Website. You should check the Website frequently to see recent changes. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may not use any robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any content or Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content or Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

Intellectual Property

All computer code, software, Website design, text, images, graphics, user interfaces, photographs, illustrations, audio clips, sounds, video clips, digital downloads, data compilations, artwork, logos, button icons, software, and other copyrightable elements, and the selection, collection, assembly, compilation, and arrangement thereof, and trademarks, service marks, and tradenames, (collectively referred to as the "Material” or “Materials"), are the property of Art9allery Members or of Art9allery, its officers, assigns, licensors or other respective owners and are protected without limitation pursuant to Morocco and foreign copyright, trademark, patent, intellectual property, and other laws. The Website including its Materials, may only be used as permitted by Afrogallery; all other uses, including copying, reproduction, uploading, posting, encoding, translating, modification, creation of derivative works, transmission (including mirroring) to another computer, server or website or other medium for publication, republication, or distribution, performance, display, sale, rental, lease, or storage in any network system of the Material on this Website is strictly prohibited. Removal of any digital watermark, proprietary notices, or accompanying text that may be included on or with the image is prohibited. The Website, including its Materials, may not be sold, resold, or used for any commercial use.

Copyright, certain moral rights, and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on the Website or on the Members’ Sites, may be held by individuals and/or entities other than Art9allery or Art9allery Members. This includes reproduction of works of art licensed to Afrogallery or to Afrogallery Members by third parties, such as an artist or an artist’s estate holding rights to these works.

Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. The use of the Material on any other website or in a networked computer environment for any purpose is strictly prohibited. You may not copy or adapt the code on any part of the Website, including that which Art9allery.com creates to generate its pages, or is generated in portions of the Website licensed from or by a third party. This code is also protected by Afrogallery’s copyright and other intellectual property rights, as well as the copyright and intellectual property rights of portions licensed from or by a third party.

We respect others’ intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing Material placed by any third party on the Website or the Members’ Sites, please mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

  1. The identity of the copyrighted work(s) or other intellectual property that you claim has been infringed.
  2. The identity of the Material on the Website that you claim is infringing. Please provide enough detail that we can locate it on the Website.
  3. A statement by you that you have a good faith belief that the alleged infringement is not authorized by the copyright owner, its agent, or the law.
  4. A statement by you declaring under penalty of perjury that the information that you provide in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
  5. Your name, address, telephone number, and e-mail address.
  6. Your physical or electronic signature.

2.      Art9allery Members warrant and represent that they are the artists and authors of the artwork displayed on their Member Sites or that they have express written permission from the owners of the copyright to the work to display the work. Art9allery does not verify the ownership and licensing of the artists’ and authors’ works and does not warrant and represent that works displayed on the Website and on the Members’ Sites is as represented by Art9allery Members. You agree that Art9allery will not be held liable by you and/or those under your control for any misrepresentation or copyright violation by Afrogallery Members.

Trademarks, Service Marks, and Trade Dress

Certain marks used on the Website and on Afrogallery Member Sites are registered trademarks or service marks of Afrogallery.com and Afrogallery Members. Other graphics, logos, page headers, button icons, scripts, and service names are Afrogallery’s trademarks, service marks, or trade dress and are the sole and exclusive property of Afrogallery. Our trademarks, service marks, and trade dress may not be used for any commercial or other purposes by any party other than Afrogallery.com without our prior written consent. All other trademarks, service marks, and trade dress not owned by Afrogallery that appear on this site are the property of their respective owners, and may not be used without their prior written consent.

Member of Afrogallery

If you are a Member of Afrogallery, you are responsible for maintaining the security, privacy, and confidentiality of your account, website, network, computer, software, data, and information. You are responsible for all activities that occur under your account or password, on your website, network, computer, and software, and with your data and information. Afrogallery reserves the right to refuse service, terminate accounts, remove or edit content at our sole discretion.

Disclaimer of Warranties and Limitation of Liability

Afrogallery makes no representations, including that the website, any content or materials, service, or feature, is error-free or uninterrupted, or that any defects will be corrected, or that your use of the website will provide specific results, or that material you download will be free of viruses or contamination or destructive features. Afrogallery disclaims all warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, services, or products included on this site, including but not limited to, any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Afrogallery disclaims any and all liability for the acts, ommissions, and conduct of third parties in connection with or related to your use of the website, and afrogallery services. The website and its materials are delivered on an “as-is” and “as-available” basis. You expressly agree that you assume total responsibility for your use of this site and/or afrogallery services. Your sole remedy against afrogallery for dissatisfaction with the website or any of its content and materials is to immediately stop using the website or any such content and/or materials. This limitation of relief is part of the bargain between the parties.

Except where prohibited by law, in no event will Afrogallery be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Art9allery has been advised of the possibility of such damages. If, notwithstanding the other provisions of this Terms of Use, Afrogallery is found to be liable to you for any damage or loss which arises out of or in anyway connected with your use of the Website or any Materials, Afrogallery’s liability shall in no event exceed $50. Some jurisdictions do not allow limitations of liability so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify and hold harmless Afrogallery its officers, directors, assigns, licensors, or other respective owners or agents, from any demands, loss, liability, claims, or expenses (including attorney’s fees), by any third party arising out of or in any way connected with any breach or violation by you of this Terms of Use, any use by you of the Website, or any disputes or damages arising out of your use of this Website.

Applicable Law

This Agreement shall be governed and interpreted by the courts with the laws of the Moroccan State, and to the extent applicable in Morocco, without giving effect to its conflict of law provisions. Hereby you submit, through the use of the website to the exclusive jurisdiction of the courts of the Moroccan government and the courts of Morocco located within its jurisdiction for any and all disputes arising from the use of this website, you waive any objections to the forum of Morocco for lack of venue, forum non conveniens or any other ground of jurisdiction.