These terms and conditions are applicable only to the sale of Art Works on the MoMAA site.
“Buyer” shall mean a user who accesses the Website (www.momaa.org) and buys Art from the Website. “Description” means all the details of an art work as set out in the Website and may include, without limitation, the name of the artist, designer or manufacturer, the title of the painting, and the following additional details:
- For artworks: the signature of the artist/ date (if any), the surface, medium and dimensions, year and any additional information related to the painting.
- The Work of Art made available for sale on the Website may not always be in the physical possession of MoMAA and may be physically located anywhere in the world.
- All Work of Arts made available for sale on the Website will be sold at the price listed will be granted to the Buyer. The price of the Work of Art listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Work of Art as well as the shipping address provided by the Buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Work of Art.
- The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the Work of Art.
- All invoices will be raised by MoMAA based on the information provided by the Buyer or amended at the time of finalizing a purchase.
- Placing an order on www.momaa.org constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by MoMAA within 2 working days on account of a default by the artist or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between MoMAA (acting as the agent of the artist) and the Buyer.
- MoMAA shall have the right to cancel any order placed on the website www.momaa.org, at any time prior to the delivery of the Work of Art, without assigning any reason whatsoever.
- MoMAA shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Work of Art. In the event of such an error, MoMAA reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing or by electronic mail.
- Once an order is placed on MoMAA the Buyer is required to make payment for the price of the Work of Art as well as the charges referred to above within 7 working days from the date of placing the order. In the event that MoMAA does not receive payment within 7 working days MoMAA reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, MoMAA may, at its absolute discretion, hold the Work of Art for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
- The Work of Art will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by MoMAA are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the Buyer chooses to himself collect the Work of Art from MoMAA he must do so within two weeks of MoMAA receiving the payment. In the event that the Work of Art is not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of MoMAA.
- You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
- MoMAA is authorized by the artist to exercise complete discretion in (i) the illustration and descriptions of the painting for viewing and sale and (ii) acceptance or rejection of orders received.
- All paintings/Work of Arts displayed on the Website are supported by an authenticity guarantee from the artist.
- MoMAA is not obligated to provide any physical preview of the Work of Art either before or after the sale. MoMAA is in no way liable for the condition of the painting/Work of Art. Condition reports are provided on request and are based on the information provided by the artist. In the event that MoMAA is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the website, an email will be sent to the Buyer regarding the difference and MoMAA will await the Buyer’s decision to proceed with the order.
- The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to MoMAA immediately. MoMAA is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where MoMAA forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of MoMAA.
- Please Note: The artworks will be hand delivered / shipped to the customer once all necessary documentation, pertaining to transportation, address, insurance (optional), tax, etc. are completed and the payment has been realized in full including all relevant additional charges. Once we realize the payment we take upto 5 working days to dispatch the artwork. The customer may also choose to collect the painting from MoMAA for this purpose they can call our customer service number for further directions. MoMAA shall not be responsible for delays in delivery and performance that are due to events of force majeure or events beyond its reasonable control or that of its subcontractors (including, in particular, strikes, lock-outs, governmental orders, shortage in energy or transportation, environmental & human caused disasters etc.). In such a case, MoMAA shall be entitled to either (i) postpone the delivery and performance by a period corresponding to that of the event of force majeure increased with a reasonable restarting time.