Terms and Conditions Trade Accounts

TERMS & CONDITIONS – TRADE ACCOUNTS

Welcome to the Alexander Lucent Gallery, LLC (the “Site”). Our products represented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.

It is agreed and understood that Terms & Conditions between Alexander Lucent Gallery, LLC, and its assigns and trade accounts might differ from the Terms & Conditions offered to Alexander Lucent Gallery, LLC and its retail customers.

The contractual partner is:

Alexander Lucent Gallery, LLC

300 Delaware Ave #200

Wilmington, DE 19803

RETURNS

All sales are final.

Should any merchandise arrive damaged or defective, Alexander Lucent Gallery, LLC, will provide a courtesy exchange for the same item(s).
Please contact Alexander Lucent Gallery, LLC, within five business days if this is the case.

LEAD TIME

Each piece is crafted to order, until the limited edition is no longer available. Please allow approximately 4-6 weeks for most pieces, plus 3-6 days for delivery. However, any specific lead times mentioned on an individual piece take precedence, over this time frame. Alexander Lucent Gallery, LLC will not ship to P.O. boxes.

INTERNET ADVERTISING, PRINT ADVERTISING, MSRP POLICY

We welcome and encourage inquiries from you, our trade partners to offer our art online and/or in print either in a catalog or in print advertising.

However, no images or representations of any art may be used without the express written permission of Alexander Lucent Gallery, LLC, or its assigns.

Each individual trade account needs written permission to use images or representations for each individual piece of art, including pricing.

Under no circumstances may a trade account publish a price below MSRP (Manufacturer’s Suggest Retail Price) on the Internet or in print.

Trade accounts may offer art pieces to their clients/customers at no more than 20% discount of MSRP in their galleries, stores, offices, or during design consultations. The purpose of this policy is to maintain, the high end atmosphere of these curated works of art.

CARE

To ensure you keep enjoying our works of art, you should not expose them, either or in part to direct sunlight, hang them directly above heating appliances or expose them to a higher level of humidity than expected in a normal residential space. Art pieces are not suitable for external areas, cellars, bathrooms, or kitchens. The art is very sensitive to scratches and should therefore only be handled with gloves or equivalent protection.

LICENSE AND SITE ACCESS

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

Modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Site and services offered on the Site; or
Reproduce, duplicate, copy, sell, or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose, except as provided under out Affiliate Program;
Use any meta tags, search terms, key terms, or like that contain the Site’s name or trademark used on the Site;
Engage in any activity that interferes with the Site or another user’s ability to use the Site;
Use data mining or extraction tool or process to monitor, extract, or copy Site Content (except in the operation or use of internet search engine, hit counters, or similar technology);
Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the Site or the Site Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

ELECTRONIC COMMUNICATIONS

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

PRIVACY

Alexander Lucent Gallery, LLC, or its assigns, collects and uses your personally identifiable information (“PII”) and other information in operating the Website.

The Website enables anonymous visitors to the Website (“Visitors”) to make use of its general functionality, and Visitors who are at least eighteen (18) years of age and not a minor in their state of residence, and who affirmatively indicate their agreement to abide by the Website’s Terms of Use (the “Terms of Use”) by means of a click-through consent (“Registrants”), to purchase products through the Website. Registrants and Visitors shall be collectively referred to herein as “you” or “your”.

By using the Website, you consent to the collection and use of your PII and other information by Alexander Lucent Gallery, LLC, or its assigns, as described in the Privacy Policy.

We reserve the right to change, modify, alter or otherwise update how we handle the information we collect and process through the Website, and to modify the Privacy Policy, at any time. You agree to review the Privacy Policy periodically to be aware of any such modifications. We will indicate that changes to the Privacy Policy have been made by updating the date indicated after “Last Updated” at the beginning of the Privacy Policy. A current version of the Privacy Policy is accessible via the footer of the Website’s homepage.

Registrants may need to provide us with certain PII in order to use certain Website functionality and purchase our products through the Website, including without limitation a Registrant’s name and email address, and payment information. We may also ask you for general statistical, non- PII about you and your interests. We may also use your information to send periodic e-mails and mailings.

Alexander Lucent Gallery, LLC, or its assigns, may also provide your PII to individuals or entities who work on our behalf or with us. These individuals or entities may use your PII to help fulfill your requests in connection with the Website and to help us communicate with you about different services or resources offered as part of the Website. For example, we may transfer certain of your PII or other information to service providers and other third parties who assist us in operating the Website. We additionally may share your PII with our e-commerce provider in order to fulfill purchases made by you through the Website.

We may use and disclose PII to improve and enhance your experience on the website and for other purposes. For example, from time to time, we may use and share PII with third parties to show general demographic and preference information among users of the website. In these circumstances, the shared information will neither contain nor be linked to any PII.

We may release your PII if we believe such release is necessary to comply with the law (e.g., a legal process or a statutory authorization) or a court order, to apply or enforce the Terms of Use, to protect our rights or property, to protect you from fraudulent, abusive, or unlawful use of the Website, or if we reasonably believe that a danger to any person or property requires disclosure of such PII.

Alexander Lucent Gallery, LLC, or its assigns, may also collect anonymous and aggregate information from you about your preferences in navigating the Website by using cookies, action tags and other methods. Cookies are small text files that identify your computer. We may use cookies to, among other things, monitor Website usage, customize Website features, identify your computer operating system and browser, and complete transactions. An action tag is a small, graphic image on a webpage that is designed to allow the website owner or a third party to monitor who is visiting a website by collecting the IP address of the computer to which the tag is sent, the URL of the webpage that the tag comes from and the time that such webpage was viewed. Action tags may be associated with cookie information. We may also use such anonymous and aggregate information for promotional purposes.

Alexander Lucent Gallery, LLC, or its assigns, takes steps consistent with commercially reasonable industry standards to secure PII collected from you from loss, misuse, unauthorized access and destruction while under our control. However, please note that despite our efforts to protect PII provided to us, we cannot guarantee that such information will not be lost, disclosed or accessed by accidental circumstances or by the unauthorized acts of others.

Alexander Lucent Gallery, LLC, or its assigns, may provide links to other websites or resources of possible interest to you. The collection and use of your PII and other information by such websites shall be subject to the policies and procedures of such websites and not those contained in the Privacy Policy.

The website is maintained in the United States of America. Therefore, please be aware that any information you provide to use will be transferred collected used and processed in the United States. By using the website, participating in any of the services, and/or providing us with this information, you consent to this transfer, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Policy.

COPYRIGHT

All content included on the Site, such as, but not limited to, images, text, graphics, logos, or art titles is the property of Alexander Lucent Gallery, LLC, or its assigns, or its suppliers and is protected by United States and 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 content on the Site that is not the property of Alexander Lucent Gallery, LLC, or its assigns, is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Alexander Lucent Gallery, LLC, or its assigns, and are protected by U.S. and international copyright laws. All software used on the Site is the property of Alexander Lucent Gallery, LLC, or its assigns or its software suppliers and is protected by United States and international copyright laws.

PRICE

All prices quoted by the Seller are exclusive of Value Added Tax or Sales Tax.

The Seller's costs (including storage charges, if any) due to the Buyer's neglect or default or lack of instruction shall be paid by the Buyer in addition to the contract price.

The prices at which the Goods are sold are the respective prices listed in the Seller's price lists in force on the date the Seller issues an acknowledgement of the order form.

All prices quoted by the Seller are exclusive to the Buyer's special packaging and/or covering requirements, the Goods are delivered without covering unless the Buyer specifies its covering requirements at the time of placing the order which requirement will be the subject of an additional charge over and above the list price.

The Seller reserves the right to make a charge for delivery. Any such charge will be specified on the face hereof.

DELAY

ALL DELIVERY DATES ARE ESTIMATES ONLY AND THE TIME OF DELIVERY SHALL NOT BE THE ESSENCE OF THE CONTRACT.

Should the Seller be prevented from or hindered in delivering the Goods or any part thereof by reason of war, riot, explosion, fire, flood, strike, lock out, acts or regulations of the Government, shortage of materials or labor, acts, default or omission of the supplier of the Goods to the Seller, or any cause beyond the Seller's control, including acts of God, the time of delivery shall be extended until the operation of the clause preventing or hindering delivery has ceased.

Should the Seller be prevented from delivering part of the Goods by reason of any clauses specified in the preceding sub-clause, the Seller shall deliver and the Buyer shall take and pay for such part of the Goods as the Seller shall be able to deliver in accordance with the contract.

Where the Goods are contracted for delivery by instalments each delivery shall be deemed to be the subject of a separate enforceable contract.

The Seller shall be entitled to deliver part of the Goods ordered or to deliver instalments and to invoice the Buyer for such part delivery or each such instalment.

In no circumstances shall the Seller be liable to compensate the Buyer in damages or otherwise for late delivery of the Goods or any of them or for any loss consequential or otherwise arising therefrom.

INDEMNITY

The Buyer shall indemnify the Seller against all actions, proceedings, liability claims, damages, costs and expenses in relation to or from costs arising out of the sale, use or operation of any product of the Buyer of which the Goods or any part of them form part.

CONSTRUCTION

Each provision of these Terms & Conditions is to be construed separately applying and surviving even if for any reason any one or more of the said provisions is held inapplicable or unreasonable in any circumstances and shall remain in force notwithstanding termination or performance of the contract.

RISK OF LOSS

All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE WARRANT THAT THE PRODUCTS PROVIDED ON THE SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS OTHERWISE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the Site, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and Alexander Lucent Gallery, LLC, or its assigns, relating to this agreement. Any dispute relating in any way to your visit to or use of the Site shall be adjudicated in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or conditions.