1. INTRODUCTION
These are the terms and conditions governing the agreement for the sale of goods that operates between us and you (hereinafter, “the Terms”). These Terms set out the rights and obligations of all potential buyers (hereinafter, “You” / ”your”) and those of Mati Santorini (hereinafter “We” / “us”) in relation to the goods offered by us through this website (www.matisantorini.com and/or www.matiartgallery.com – the “website”). By placing an order through this website “get a quote” form or through e-mail, you are consenting to be bound by these Terms, the website Terms of Use and our Personal Data Protection Policy. If you do not agree to all of the Terms, the website terms of use and our Personal Data Protection Policy, do not place an order.
These Terms may be subject to amendment, so you should carefully read them prior to placing any order.
2. SALE OF GOODS
You agree that, by placing your order, either through the website or through e-mail, you unreservedly accept these Terms, having read them.
You agree that:
1. You may only use the website to make legitimate enquiries or orders.
2.You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we use these details to contact you in the event that this should prove necessary (please see our Personal Data Protection Policy).
4. If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
3. HOW THE CONTRACT IS FORMED
The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us.
To place an order, you will be required to contact us either through the ”get a quote” form in the website or through e-mail at [email protected] or [email protected]. After this, you will receive an e-mail from us acknowledging that we have received your inquiry and providing you with a quote for the desired good(s). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted and payment instructions (the “Order Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the shipment confirmation, after receiving proof of payment from you in accordance with the Order Confirmation e-mail.
4. SHIPPING
We collaborate with DHL Express and postal services for worldwide shipping. Shipping options vary in cost and delivery times based on the receiver’s location and the parcel’s total weight/volume. Specific information and options will be provided when inquiring about an artwork.
Shipping preparation time depends on artwork availability (on exhibition, readily available, or commissioned). Shipping time also varies based on location and parcel size. In general, DHL Express takes between two and six days, while the post office takes between one and three weeks. Specific shipping durations can be provided upon request with details of the artwork and shipping destination.
In the rare event of a damaged arrival, all parcels are fully insured. You can choose to replace the artwork or receive a refund.
Custom duties may apply for shipments outside the E.U based on the item value. Shipments within the E.U generally do not incur custom duties. Customs laws vary by country, so it’s recommended to contact local customs for specific duty information. We are available to provide guidance and information regarding your incoming parcel.
5. YOUR RIGHTS TO CANCEL – RETURNS POLICY
If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, as of the date you received the good(s) ordered. through sending an e-mail to [email protected] or [email protected]. In this case, you shall receive a full refund of the price paid for the products in accordance with our Returns Policy. However, the return cost of the good(s) to our premises in Santorini (via courier or other agreed method) must be borne by you.
Your right to cancel a Contract only applies to products that are returned in the same condition as you received them. Any product which is damaged or not in the same condition as you received it will not be refunded. You should therefore take reasonable care of the products while they are at your possession.
After we receive a customer’s refund request, we will process his/her refund and notify him/her via e-mail. Refund will be made in the same form of payment the customer used originally. Refund should be done within 7-15 business days from the receipt of returned product.
6. UNABLE TO DELIVER
If we are unable to deliver the goods due to an incorrect or incomplete address, the order will be resent to you only at your expense.
7. RISK AND TITLE
The products will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery whichever is the later.
8. PRICE AND PAYMENT
The prices we provide you with via e-mail, following your inquiry, include VAT but exclude delivery costs, which will be added to the total amount due.
Shipments outside the EU may be subject to import taxes, custom duties and fees, which are levied once the shipment reaches one’s country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what these may be.
We advise the customer to contact his/her local customs office before placing an order, so s/he is not surprised by charges not expected.
You can pay by either credit card through telephone or by wire transfer to a dedicated bank account. Detailed instructions for the payment of the products purchased shall be provided by us through e-mail.
9. LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.
Nothing in these Terms shall exclude or limit in any way our liability:
a. For death or personal injury caused by our negligence,
b. For fraud or fraudulent misrepresentation,
c. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
i. Loss of income or revenue,
ii. Loss of business,
iii. Loss of profits or contracts,
iv. Loss of anticipated savings
v. Loss of data and
vi. Waste of management or office time
Due to open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
10. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
d. Impossibility of the use of public or private telecommunications networks
f. The acts, decrees, legislation, regulations or restrictions of any government
g. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing.
Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
12. LAW AND JURISDICTION
Contracts for the purchase of our products will be governed by Greek Law.
Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of Greek Courts.
