Terms and conditions - Braun Gallery

EFFECTIVE DATE: 14 MAY 2021

Braungallery.com owned and operated by Czeiner Ltd. Your use of the Site indicates that you have read, understood and agree to these terms of use. If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

Use of the Site

Braun Gallery provides you with access to and use of the Site subject to your compliance with the Terms and the Site’s Privacy Policy. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, are our property or that of our artists, galleries, partners, or licensors and are protected by patent, trademark and/or copyright under UK and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.

Copyright Infringement. Notice and Take Down Procedures.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your name and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent:

Czeiner Ltd
UK RH19 2EN West Sussex, East Grinstead, Dormans Park Road, The Round House, Office 5

If you become aware that material appears on this site in violation of a copyright please notify us by email at info@braungallery.com

Rules and Limitations on Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limitations on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of Braun Gallery. You are responsible for your own communications, the content uploaded on your behalf and are responsible for the consequences of their posting on or through the Site. Braun Gallery specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

 Posting any information which is incomplete, false, inaccurate or not your own;

 Impersonating another person;

 Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;

 Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

 Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

 Posting material that infringes on any other intellectual property, privacy or publicity right of another;

 Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of United Kingdoms export control laws;

 Attempting to interfere in any way with the Site’s or Braun Gallery’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.

 Abusing the Invite a friend benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses

 Abusing special discounts, awards or incentives offered by Braun Gallery. Unless otherwise specified, only one offer is value per person, maximum two per household.

Security Rules

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging into a server or account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

User-Submitted Content

You are responsible for any User Content uploaded on your behalf to the site. By “User Content” we mean any content you submit to Braun Gallery to be published on The Site, which may include reviews, comments, image uploading, captions, participating in forums other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content at our sole discretion. You understand that once you submit User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit it to the Site.

If we allow you to upload User Content, you may not:

Provide User Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right; forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide; provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or provide User Content which disparage us or our vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates.

Except as otherwise specifically provided, if you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

Buying from Braun Gallery

Braun Gallery is not responsible for determining the value, authenticity and the condition of the Products. Artists, designers and galleries (“Sellers”) upload their Products and information directly to the website and users who buy from The Site (“Buyers”) are solely responsible for due diligence required in purchasing Products.

Braun Gallery is not responsible for and does not make any representations or warranties (express or implied) as to the goods offered, including without limitation as to merchantability, fitness for a particular purpose, the accuracy of the description of the goods, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import restrictions or embargoes, shipment or delivery, packing or handling, the ability of the Buyer to pay, the ability of the seller to collect the purchase price, or any other representation or warranty of any kind or nature.

All copyright subsisting in the Products shall remain in the Braun Gallery’s ownership, unless otherwise agreed in writing.

Buyer Warranties
As a Buyer you warrant and agree that in respect of any Product submitted to the Braun Gallery:

You are responsible for verifying the information provided by the Seller;
Your use of the Braun Gallery, the purchase of any Products, and any communication or transaction initiated on the Braun Gallery complies fully with all UK laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws – including applicable permits, restrictions or prohibition on import of Product from the Seller’s jurisdiction into the Buyer’s jurisdiction; and
You are responsible for identifying and paying all taxes applicable to the Buyer for the purchase and collection of the Product, including any import of the Product to the Buyer’s jurisdiction.
You accept that in purchasing Products from Braun Gallery, Braun Gallery will be entitled to remuneration by way of a commission drawn out of any payment due to the Seller.

Seller Warranties
As a Seller you warrant and agree that in respect of each Product offered on Braun Gallery:

You have the full power and authority to sell the Product;
You are solely responsible for the authenticity, description, identity, condition, nature and quality of the Product.
The Product is authentic and all information provided about the description, identity, condition, nature and quality of the Product is accurate;
You own and have full possession of the Product;
You are responsible for releasing the Product promptly for delivery to the Buyer, shipped promptly upon receipt of the offer price (and any taxes payable), in accordance with the offer terms;
Title to the Product is free and marketable, and the sale to any Buyer will be free and clear of any and all liens or encumbrances;
Your use of Braun Gallery, each Product you submit, the sale of the Product, and any communication or transaction initiated on the Braun Gallery complies fully with all United Kingdom laws, statutes, ordinances and regulations and all international conventions and Cultural Property Laws – including applicable permits, restrictions or prohibitions on export of Product from the Seller’s jurisdiction to the Buyer’s jurisdiction; and
You are responsible for identifying and paying all taxes applicable to the Seller for the sale and delivery of the Product, including any export of the Product from the Seller’s jurisdiction.
You accept that in selling Products on Braun Gallery, Braun Gallery will be entitled to remuneration by way of a commission drawn out of any payment due to you.

Fraud
Whilst Braun Gallery makes every effort to prevent fraud, Braun Gallery disclaims liability for purchases of Product contracted between a Buyer and Seller.

Open Positions on Careers Pages

We may list open employment positions on this web site. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on this Site or made available through Site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

International Use

We control and operate the Site from our offices in the UK, and all information is processed within the United Kingdom. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the UK or the country in which you reside.

Proprietary Rights

As between you and Braun Gallery, Braun Gallery (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Braun Gallery. If you make use of the Site, other than that as provided herein, in doing so you may violate copyright and other laws of the UK, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of Czeiner Ltd, or other entities. Such trademarks, service marks and trade names may be registered in the UK and internationally.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

Harassment

We pride ourselves in customer service, and ensuring that both our Buyers and Sellers are happy is our top priority. Users agree that they will not intentionally cause harassment, alarm or distress to any of the employees at Braun Gallery. Harassment involves any unwelcome conduct (physical, verbal, or non-verbal, online or offline) based on an individual’s protected status that creates an environment that is intimidating, hostile, or abusive. We reserve the right to restrict and/or refuse the Users from using braungallery.com/; remove/delete your User Account, Profile, and Products; and restrict and/or block the User from creating an Account on braungallery.com/ should the Users:

(i) intentionally cause harassment, alarm, or distress;
(ii) use any threatening, abusive or insulting words or behaviour;
(iii) make any threatening, abusive or insulting communication;
(iv) violate any of our other terms of service;

or any other behaviour which are heard, seen, or otherwise perceived as harassment by any of the employees at Braun Gallery.

Further Claims

The User agrees that they are not entitled to receive, and will not claim, any additional right, benefit, payment or compensation including, but not limited to, any claim for benefits, damages, interest, attorneys fees and costs, other than what is expressly set forth in their Purchase, and hereby expressly waives any right to additional rights, benefits, or compensation. The User further acknowledges that Braun Gallery makes this Agreement without any admission of liability, and agrees, to the extent permissible by law, that he/she will not defame, disparage, or make false or deceptive allegations against Braun Gallery, whether to the press, employees, customers, investors, Sellers, or otherwise.

Defamation

The User agrees that in an action for slander in respect of words calculated to disparage Braun Gallery at the time of the publication, it shall not be necessary for Braun Gallery to allege or prove special damage whether or not the words are spoken of the Braun Gallery in the way of their office, profession, calling, trade or business. (i) For the purposes of the law of libel and slander, the broadcasting of words (publication for general reception) by means of telecommunication shall be treated as publication in a permanent form.

The means of telecommunication includes, but is not limited to, any communication through online (digital) and/or offline (non-digital) means. In any action for slander of Braun Gallery’s title, slander of products, or other malicious falsehood, it shall not be necessary for Braun Gallery to allege or prove special damage if:
(a) if the words upon which the action is founded are calculated to cause pecuniary damage to the Braun Gallery and are published in writing or other permanent form; or
(b) if the said words are calculated to cause pecuniary damage to the Braun Gallery in respect of any office, profession, calling, trade or business held or carried on by Braun Gallery at the time of the publication.
(c) Clause (i) applies for the purposes of this section as it applies for the purposes of the law of libel and slander.

Indemnity
You agree to defend, indemnify and hold Czeiner Ltd, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributors, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defence of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

Disclaimer of Warranties
You understand and agree that:

The site, including, without limitation, all content, function, materials and services is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The company does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Braun Gallery makes no warranty that the site will meet users’ expectations or requirements. no advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

Braun Gallery does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site. Braun Gallery is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of the company.

Force Majeure

(a) Braun Gallery shall not be liable for any failure of or delay in the provision of services expressly stated in the Purchase, Receipt, and/or written communication between Braun Gallery and the User, for the period that such failure or delay is:

(i) beyond the reasonable control of the Braun Gallery;
(ii) materially affects the performance of any of its obligations under this agreement; and
(iii) could not reasonably have been foreseen or provided against;

(b) If supervening and/or unforeseeable events, issues, and/or causes arise outside of the Braun Gallery’s reasonable control, Braun Gallery shall be relieved from performing the obligation affected for the duration and to the extent affected, and may be entitled to compensation.

Supervening events, unforeseeable events, issues, and/or causes include, but are not limited to,
(i) an act of God;
(ii) delays in the production, delivery, and/or installation of the Product(s) that arise outside of the Braun Gallery’s reasonable control;
(iii) damage and/or loss of products that arise outside of the Braun Gallery’s reasonable control;

The Braun Gallery’s shall not be liable if the items outlined in (a) and (b) prevent, impede, or hinder the Braun Gallery’s ability to perform such obligations.

Limitation of Liability
Sellers and Buyers agree that Braun Gallery is not responsible for and does not make any representations or warranties (express or implied) as to the Product, including as to merchantability, fitness for a particular purpose, the accuracy of the description of Product in any offer, the physical condition, size, quality, rarity, importance, medium, provenance, whether the goods are subject to export or import permits, restrictions or embargoes, shipment or delivery, packing or handling, compliance with purchase terms, the ability of the Buyer to pay, the ability of the Seller to collect the offer price, or any other representation or warranty of any kind or nature whatsoever.

In no event shall Braun Gallery, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliates vendors, contractors, galleries, artists, institutions, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Braun Gallery to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, US $100.00. Without limiting the foregoing, in no event shall Braun Gallery or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf of Braun Gallery.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

Applicable Law/Jurisdiction
You agree that the laws of the UK, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Braun Gallery relating in any way to your use of the Site resides in the state of the UK and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of the UK. In addition, you expressly waive any right to a trial in any legal proceeding against Braun Gallery, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the UK.

Any inquiries concerning these Terms should be directed to us at the address below.

Account Deletion

If you wish to delete your account or withdraw consent, you have the right to request that your personal information be erased from our database, and this will be done within 30 days of the request. You have the right to request, verbally or in writing, to have your personal information erased if this information is no longer necessary for the purpose in which it was originally collected or processed.

Risk of Loss
The Products purchased from our Site are shipped by a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such Products may pass to you upon our delivery to the carrier.

Purchasing
Braun Gallery and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. Braun Gallery has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, Braun Gallery will void the purchase and attempt to contact you via either phone or email to inquire if you would like the Product for the correct price.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Braun Gallery or its suppliers be held liable for any damages due to such interruptions or lack of availability.

Notices
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

Contacting Us
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please email us at info@braungallery.com or write to us at:

UK RH19 2EN West Sussex, East Grinstead, Dormans Park Road, The Round House, Office 5

Email: info@braungallery.com

General Information
The Terms constitute the entire agreement between you and Braun Gallery and govern your use of the Site, superseding any prior agreements between you and Braun Gallery. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between Braun Gallery and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Braun Gallery or the Site must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of Braun Gallery’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.