PLEASE READ CAREFULLY.

 

General

 

1. These Terms apply to the use of www.vernisazh.co.il website (the "Site") and to the purchase of  art items through the Site (“Item” or “Items”).
    

2. The Site is owned by Bard PRoduction. (hereinafter: ”we”, “us”, “our”).
    

3. The use in the site (this expression along the Terms is including the purchasing of Items and any other use of the Site features) is subject to the terms listed below. If you do not agree to any of these terms, you are required not to use the Site and leave immediately.
    

4. By using the Site, you are bound to these terms of use and our Privacy Policy which is an integral part of it. You declare that you have read our Privacy Policy and gave consent to its terms before using the Site and its features (hereinafter - Features). Our Privacy Policy's may be changed from time to time; you agree that you will review our Privacy Policy before making any other use of the Site.
    

5. You agree that all the purchases done through the Site by you will be governed by these terms.
    

6. We may from time to time modify these Terms, please check these Terms periodically.
    

7. If you are not eligible by law of your residency to contract with us with regard to the use of this Site, please do not use the Site. If we found out that you are not eligible as mentioned, we may prevent your use in the Site.

 

 

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What is this Site about?

 

1. The site is a virtual shop where you can order original drawings create by Andrey Makarevich which their photograph, dimensions and drawing materials appear in the Site. You can choose in the Site the Item you wish to purchase.
    

2. Once you purchase the Item according to the Site's Terms, the Item will include a certificate of authenticity.
    

3. The Item will be supplied without a frame.

 

 

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Eligibility to make a purchase

 

1. If you want to purchase any Item on the Site, you must meet the following:
    

2. be at least eighteen (18) years of age or more according to the applicable age of majority in your country or state,
    

3. if you are acting on behalf any kind of corporation you must be authorized to bond the corporation to the purchase made on his behalf by you and to all terms and conditions which are part of the Site. If it will be found out that you were not authorized as mentioned you may bear personal responsibility to whatever concerns the purchase and the use of the Site by you.
    

4. you must be owner of a valid credit card or entitle to make purchase through Pay-Pal or any other payment method the Site may permit.
    

5. You were not banned by us from using the Site.
    

6. You must provide us with all the updated, true and whole information we shall ask for executing the payment to us and the shipping of the Item, including all of the following: (i) your name as it is registered at your Credit provider (like credit card provider or Pay-Pal), (ii) your credit number, (iii) the credit type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge you, (vi) your address.
    

7. You buy the Items for your personal display and not for resell or commercial purposes.

 

 

The Purchase

 

1. Your purchase of an Item at the Site and the payment for it are made with us.
    

2. When you place an order in the Site to purchase a certain Item you are deemed to make an irrevocable offer to purchase the Item according to the terms stated in the Site such as the price of the Item chosen by you as shown in the Site including all fees and charges incurred in connection with your purchases (including any applicable taxes and shipment) at the rates in effect when the charges were incurred.
    

3. Your offer is subject to our confirmation and acceptance. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon a notice by us.
    

4. All payments must be made by one of the approved payment methods set forth in the Site that may vary by from time to time under our sole discretion.
    

5. Your account at the Credit Provider will be charged for the entire order amount immediately upon your placement of the order by you in the Site and will be charged by your Credit Provider immediately upon our request. You hereby authorize us to charge your Credit Provider accounts for any amount that you may owe us.
    

6. If your Credit Provider did not confirm the payment and you failed immediately after to supply us the details of another of your Credit Provider's accounts which confirm the payment, then the offer could not be executed, and we will be free to sell the Item to another. If you were not able to utilize one of the payment methods in the Site, you may contact our customers help, but the Item will not be reserved for you unless you received a written notice from us about such reservation. 
    

7. Your service agreement with the provider of the payment method service (hereinafter – Credit Provider) governs your use of that method. YOU ARE RESPONSIBLE FOR PAYING US.
    

8. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your Credit Provider statement, then you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your Credit Provider or its agent, then you agree to pay all amounts due upon demand by us or our agents.
    

9. You are the sole responsible for paying any governmental taxes, duties, levies or tolls imposed on your purchases and their possible import, including, but not limited to sales, use, custom or value-added taxes. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Israel or the territories under its control and any other areas where we decided to use that practice. You agree to fully indemnify, defend and hold us harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
    

10. All the Items in the Site are unique, and no Item is identical to another. If by any reason we fail to supply the Item, your sole remedy will be either to use the payment you paid us to buy another Item in the Site (and add payment or be refunded partly according to another Item price in the Site), or to receive back the payment you paid us for the Item and its shipment.
     

11. If an Item was listed at a wrong price or was described erroneously then, we will be entitled to refuse, reduce or cancel any orders placed for those Items and your sole remedy will be the return of the payment you made for the Items and its shipments.
     

12. WE MAY, OCCASIONALLY, CHANGE THE PRICES AND BILLING METHODS FOR ITEMS, EFFECTIVE IMMEDIATELY.

 

Shipment

 

1. You agree to pay us the shipping charges for any shipment made with regard to the purchase.
    

2. The shipment will be made according to the information supplied in the Site, as long as our shipment contractors deliver to the address.
    

3. You agree that we can provide our shipments contractors with your address and contacts information for any issue that concerns the shipment. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE PROVISION OF SUCH INFORMATION TO, OR ANY USE OF SUCH INFORMATION.
    

4. If the shipment was not made on time then your sole remedy will be either to wait, or to cancel the order and be refunded with the payments you made for the Item and its shipment.
    

5. If the Item size or weight are odd or the shipment is unusual in any other way, then we may ask for a supplement payment for the shipment.
    

6. If we found out in any stage that we cannot make the shipment as promised within its standard commercial efforts then unless another solution was reach by the parties, we can cancel the order and your sole remedy will be the return of the payments you made to us for the Item and its shipment.
    

7. Most of the products offered on the site are made in and stored Israel. The import of those products may impose legal responsibilities and obligations upon you. If you order products to be imported to your residency area, then by that order you agree that you are responsible to make sure (1) that the product can lawfully enter the destination country; and (2) that you comply with all laws and regulations of the destination country. When you receive an international shipment of imported products, you may be required to pay import taxes, customs duties and/or fees. If there are any additional charges for those taxes, duties or fees, or for customs clearance then you are responsible to pay them. We are not responsible for the amount or timing of any taxes, duties or fees. You should make proper inquiries regarding the importation of the products. Furthermore, if upon Israel laws we cannot import to you or to your residency we can at any time or stage may cancel the purchase, if that cancelation is due to inaccurate information you supply us we may charge you with our expenses regarding that cancellation.

 

Using the Site

 

1. Any breach of these Terms or unexpected operational difficulties, or requests by law enforcement or other government agencies, may resulted among other remedies in blocking and/or terminating your use in the Site without prior notice to you. You agree that we will not be liable to you or to any third party for these actions and their results.
    

2. You are not allowed to use any programmed device, algorithm or system, or any similar or equivalent manual or automatic process, to access, gain, copy, investigate, test, intrude, harvest or monitor any part of the Site or of any Content, or in any way duplicate or circumvent the navigational structure or appearance of the Site or of any Content, to acquire or try to acquire any materials, images, documents or information through any way not intentionally made obtainable by us through the Site.
    

3. You agree to use the site in a reasonable manner as a single and regular user and not to take any action that might intervene or disable or adversely affect the proper use of other users in the site’s features and its routine functionality or might create malfunction or disturbances in the operation of the Site, its features and other related systems. For these purposes we may limit and control your use in the site and its features and sets rules for time to time with that regard.
    

4. Although we take various measures to secure the Site and the information within including billing information, we do not guarantee that there won’t be any unauthorized access to the information and you assumes all risks relating to this and we make no warranty, express, implied, or otherwise, in that regard. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO THE AFOREMENTIONED INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

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Indemnification and liability

 

1.  You shall indemnify, defend, and hold harmless us and the artist created the Item, our affiliates and their directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use of the Site by you or any use of any Item you purchase through Site or any other issue related to the above. We shall make reasonable efforts to notify you of any such claim made against it. If you fail to assume such defense, then we may defend ourselves in any manner that it deems appropriate, and you agree to bear all our costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against us. The provisions of this Section, and the indemnity hereunder, shall survive these Terms of Use and any performance hereunder.
    

2. THE SITE, ITEMS, FEATURES, CONTENT, ARTWORK, DATA, AND INFORMATION WHICH ARE PART OF THE SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. WE DO NOT GUARANTY THAT THEY SHALL WORK PERFECTLY, OT THAT THEY WILL BE AVAILABLE AT ALL TIMES NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, SHUT DOWNNS WILL NOT OCCUR.  WE DO NOT GUARANTY THAT THE ITEMS SHALL BE AS YOU INTENDED THEM TO BE. WE DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
    

3. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE/PRESENTATION OF ANY ITEM AND/OR FEATURES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT IS SOELY YOURS. IN NO EVENT SHALL WE OR THE ARTIST OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY ITEM, CONTENT, ARISING OUT OF THE USE OF THE SITE, ITS FEATURES, THE ITEM, THE CONTENT, OR IN CONNECTION WITH THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF US. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

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Intellectual Property

 

1. All the intellectual property rights relating to the site, including its content, its title, user interfaces, music, videos, images, digital files, logos, artwork, marks, selection, arrangement, and graphic design (hereinafter: “Content”) and placement of the Content, are ours or belong to the entities which gave us permission to use them and are protected by various intellectual property rights laws. You agree not to change, interfere, copy, decompile, reverse-engineer, transfer, assign, rent, resell, imbed, record, broadcast, transmit, post, publicly display, link to or distribute the site, its features, or any part of them, without our prior express written consent. Except as expressly provided herein, you are not granted any rights or license to with respect to any of the Content, we disclaim all responsibility and liability for uses by you of the Content.
    

2. "Vernisazh" is a trademark owned by us. You agree not to use or display our marks and logo, in any manner without our prior written permission. 

 

 

Return Policy

 

If shipment address is within Israel or you are an Israeli resident then the provisions of the Consumer protection law, 1981 will prevail.

 

You can cancel the purchase without cause until 14 days after receiving the Item. In order to receive the payments for the Item you made to us, you have to return at your own expense the item to us with its certificate in its original package and without any damage.

 

If the item was made upon your request, then no returns are permitted.

 

  

Miscellaneous

 

1. You grant us a permission to send you promotional content by e-mail, regular post, or by any other mean of communications that your various addresses are linked to including your mobile phone. To stop receiving this promotional content, send an e-mail to our customers help.
    

2. Governing law of the Terms of Use and the purchase transaction between the parties will be the law of Israel, and the exclusive jurisdiction regarding any dispute about the purchase transaction and the use of the Site and their terms will only the courts in Tel Aviv - Jaffa, without derogating our right to seek relief in any other court, including outside Israel or Tel Aviv, in order to achieve injunctions or restraining orders or other order to enforce its rights.
    

3. These Terms of Use constitute the all agreements and the understandings between us with regard to the use of the Site and its services and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
    

4. No delay or failure by us to take action under these terms shall constitute any waiver by us of any provision of these terms. If any provision of these terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this these terms will continue in full force and effect. These terms will bind and inure to the benefit of our successors and assigns. Any claim under these terms must be brought within one (1) year after the cause of action arises.
    

5. The transaction between you and us is personal to you and cannot be transferred, assigned or delegated to anyone by you. We can assign our duties and rights upon this transaction without your consent or notice.
    

6. We reserve the right to redesign the site, add features, detract from or alter the site and make any changes in its features at our discretion without prior notice.