TERMS & CONDITIONS
To avoid confusion, we believe it is in your interests to understand how our wedding and gift list service operates. Our terms and conditions are set out below. We have highlighted important provisions in BOLD.
This is a legal agreement between You and Us
Artwork (s) are the work(s) of art selected by the List Holder (s) or Buyer
Authentication Certificate is the certificate signed by the artist stating that it is an original work
Buyer is a customer who makes an immediate purchase of artwork(s) without using a Gift List
Closing Date is the date two weeks after your Event. Any outstanding balance due at this time is payable by the List Holder(s).
Donor the person(s) making a donation to the Artwork(s) profiled on the Gift List Profile
Donation the sum of money donated by the Donor towards the Artwork(s) minus any Payment Expenses
Event being either, the date selected for your occasion, or absent an occasion, one month from the date of confirmation of the Gift List
Excess Donations any sums donated by Donors which exceed the Total Cost of the Artworks
Fee for Notification Cards and Guest Book the fee of S$350 payable for the Give Art Notification Cards and Guest Book. This fee is waived where the Artwork(s) combined value is S$3000 or above
Final Sales Invoice is the invoice issued at the Closing Date which includes the outstanding balance of the Total Cost (if any), Shipping Costs and Framing Costs (if any).
Framing Costs are the costs of framing any unframed Artwork(s) to Conservation or Commended level before delivery
Gift List Profile is the personal webpage created by the List Holder (s) to profile their chosen Artwork(s) and enable Donors to make a Donation
Give Art is the trading name of a company incorporated in Singapore, Tolla Duke Pte Ltd, company number 200904152R
Give Art Charity is a charity to which Excess Donations are sent unless the List Holder(s) specify otherwise. There are currently two Give Art Charities: the Art Fund - www.artfund.org in the UK and The Cambodian Arts & Scholarship Foundation - www.cambodianscholarship.org
Guest Book is the hardback book created by Give Art containing the artist biographies and all messages left by Donors when making a Donation
Gift List is the list of Artwork(s) selected by the List Holder(s)
Gift List Service is the Gift List Profile, Guest Book and Notification Cards
List holder(s) is/are the person(s) who registered and compiled the Gift List
Notification Cards are the cards printed by Give Art for You to distribute to potential Donors
Payment Expenses are sums payable to third parties in the process of making payment, including but not limited to, credit card fees, Paypal charges, bank charges and currency conversion charges
Purchase Order is the order raised once you select your Artwork(s) and confirm your Gift List Profile. This records the Total Cost of the Artwork(s) and any Fee for Notification Cards and Guest Book. Once the Purchase Order has been raised, the List Holder is liable for the Total Cost of the Artwork(s).
Shipping Costs includes all shipping, packing, handling, customs and excise costs involved in delivering your Artwork(s) to your home
Total Cost of the Artwork(s) is the sum of money in Singapore Dollars (SGD) required by the List Holder(s) to own the Artwork(s), including shipping and framing (where applicable)
We/Us means Tolla Duke Pte Ltd and/or Give Art
Website means the Give Art website located at www.giveart.net
You means the List Holder (s) and/or Donor and /or Buyer (as appropriate)
You agree that your use of the Gift List provided by Give Art is governed by these Terms and Conditions.
2. Change of Details
Changes of address including email address and telephone numbers, additions to your Gift List and all notices from you to us must be made in writing (which includes email).
3. Your Give Art Gift List
3.1 By creating a Give Art Gift List, you agree to Give Art's Terms and Conditions.
3.2 As a Give Art Gift List Holder, you are enabled to create a Gift List Profile webpage free of charge. This webpage lists your chosen Artworks, allows you to write a message to your friends and family and post an image of yourself. The Gift List Profile can be updated and monitored by You at any time. You can see how much your friends and family have donated and see how much more is needed.
3.3 List Holder(s) may create their Give Art Gift List up to three months before their Event.
3.4 If you select the full Gift List Service, we provide you with a Gift List Profile, up to 200 Notification Cards and a Give Art Guest Book. The full Gift List Service is free of charge if the combined value of the Artwork(s) in your Gift List equals or exceeds S$3000. If it does not, the full Gift List Service will be provided for a small fee of S$350. This fee is payable when you confirm your Gift List.
3.5 Within 14 days of receipt of your Gift List and your request for Notification Cards, we will despatch the Notification Cards to your delivery address.
3.6 Once you have selected the Artwork(s) and confirmed your Gift List, You, as List Holder are liable for the Total Cost of the Artworks selected. Once the Artwork(s) are selected and the selection confirmed by You, the Artwork(s) will be marked "sold". In the event that the Donations do not reach the Total Cost of the Artwork(s), the outstanding balance is payable by You within 14 days of the Closing Date.
3.7 Donations to your Gift List may only be made via Paypal. Any outstanding balance due at the Closing Date may be settled by the List Holder(s) using Paypal or cheque.
3.8 You may track the Donations made to your Gift List by logging into your Gift List Profile. Your Donors may also track the Donations made to your Gift List only if You choose to make this information visible to the public.
3.9 Please note that we cannot be responsible for the contents of the messages left by your Donors on your Gift List Webpage. You can delete and/or hide such messages by logging into your Gift List Profile.
3.10 There will be no interest payable to you on Donations received by Give Art in respect of your Gift List.
3.11 All Donations are held in Give Art's Paypal account until your Gift List closes. Once your Gift List closes the Donations are withdrawn. Therefore, Donations are protected in so far as Paypal payments are protected. If Paypal enter into administration of bankruptcy, the Donations may be lost. Give Art / Tolla Duke Pte Ltd accepts no liability for Donations lost by reasons beyond its control.
3.12 If,at the closing date of your Gift List, there are insufficient Donations to meet the Total Cost of the Artwork(s), Give Art will raise a Final Sales Invoice for the outstanding balance. The Final Sales Invoice must be settled within 14 days of receipt. The Final Sales Invoice will be sent to You, as the List Holder(s) via email. On receipt and clearance of the final payment, the Authentication Certificates, Guest Book (where applicable) and the Artwork(s) will be shipped to your delivery address.
3.13 If You fail to settle the Final Sales Invoice within 14 days, the Artwork(s) remain the property of Give Art and any Donations received as at that date will be subject to deductions to cover Give Art's costs and any losses relating to your breach of contract. Any remaining sums will be given to the Give Art Charities.
3.14 Donations to your Gift List cannot be used to purchase alternative Artworks from Give Art. Once the Purchase Order has been raised, the Artwork(s) selected are considered sold to the List Holder(s). However, ff the Donations exceed the Total Cost of the Artwork(s) on your Gift List then the Excess Donations can be put towards the purchase of other Artwork(s), alternatively, the Excess Donations will be donated to a Give Art Charity.
4. Shipping and Delivery of Artwork(s)
4.1 . Our aim is to deliver the Artwork(s) to you within four weeks of receipt of full payment for the Artwork(s) or the Closing Date of your Gift List whichever is earliest, subject to the provisions relating to Commissioned Works in paragraph 4.7 below.
4.2 We require at least ten working days notice to arrange delivery.
4.3 Shipping/Delivery is free of charge within Singapore.
4.4 For International customers, the Shipping Cost will be added to your Purchase Order taking into account your delivery address and whether or not the Artwork(s) are framed. The Shipping Cost is subject to change if your delivery address changes and/or if you choose to frame any unframed Artwork(s) before shipment. Any such changes will be reflected on your Final Sales Invoice.
4.5 Every delivery is accompanied by an itemised delivery note. If the Artwork(s) we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within ten working days of the delivery of the Artwork(s) in question.
4.6 We will store your Artwork(s) without charge for up to one month from the Closing Date, following which you will have to pay a storage charge.
4.7 We make no guarantees in relation to the delivery date of Commissioned Works. The artist may be delayed in completing the work for any number of reasons. However, we aim to deliver the Artwork(s) to you within four weeks of receipt of full payment.
5.1 Framing is not included in the cost of the Artwork(s) unless specifically stated on our Website at the time of your order. If you are interested in framing the Artwork(s) before delivery, we can arrange this. Please contact us regarding framing at the time you place your order.
5.2 We use third party framing services of reputable framers in Singapore and in the UK. We require our framers to use acid-free materials to protect the Artwork(s). We take all reasonable steps to ensure that the framing is of good quality.
6. Cancellation of your Event
6.1 Upon Your acceptance of these terms and conditions, your Gift List cannot be cancelled. If your Event is cancelled, the Gift List continues and 14 days from the Closing Date you will receive the Final Sales Invoice showing the outstanding balance less any Donations received. It is left to your discretion whether you choose to refund your Donors for Donations received. Unfortunately, we cannot carry out this function.
6.2 If you do not settle the Final Sales Invoice within 14 days, the provisions of clause 3.13 come into effect.
7. Donors and Donations
7.1 Donors have no proprietary or any other rights over the Artwork(s) to which they have made a Donation.
7.2 By making a donation to a Gift List, all Donors agree to Give Art's Terms and Conditions.
7.3 All Donations will be directed towards the Total Cost of the Artwork(s), less any third party Payment Expenses.
7.4 Donations may in be made via credit card via Paypal and can be accepted for up to two weeks after the Event. Donors do not need to be members of Paypal to use this payment method.
8. Use of Website
8.1 You are provided access to this Website in accordance with these Terms and Conditions.
8.2. You warrant that:
8.2.1 the personal information that you are required to provide is true
8.2.2 you will notify us immediately of any changes to such personal information by contacting us. Contact details are found at the end of these Terms and Conditions.
8.2.3 you agree not to impersonate any other person or entity or to use a false name or a name you are not authorised to use
9.1 Give Art is committed to protecting your privacy. Any information we receive about you will be treated as strictly confidential.
9.2 The internet is not totally secure. If you send us any information, including your email address, do be aware that it is sent at your own risk.
9.3 Give Art does not hold any credit card information. Credit card payments are made by Paypal, an external site. You agree that Give Art cannot be held responsible for the site policies and practices of Paypal.
10.1 You agree to fully indemnify, defend and hold harmless, Us and our officers, directors, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website.
11. Our Rights
11.1. We reserve the right to:
11.1.1 Modify, or withdraw, temporarily or permanently, the Website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of our Website; and
11.1.2. change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. Any changes will be highlighted by Us on the Website. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.
12. Third Party Links
12.1 To provide increased value to List Holder(s), we may provide links to other websites or resources for you to access at your sole discretion. You agree that we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites and resources, (ii) the advertising or content of such websites or resources, and (iii) any products, goods or other materials or services available from such websites or resources or (iv) for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any advertising, content, products, goods or other materials or services available on such websites or resources.
13. Intellectual Property and Rights of Use
13.1 The Artists retain the copyright in their Artwork(s) at ALL times. When proprietary title in the Artwork(s) passes to you on receipt of full payment, the copyright remains with the Artist. You agree that all copyright, trademarks and all other intellectual property rights in the Artwork(s) displayed on this Website shall remain at all times vested in Us or the Artists. You are only permitted to use images of the Artwork(s) with prior written permission of the copyright holder, in most cases, the Artist.
13.2 You agree that all copyright, trademarks and all other intellectual property rights in all material and content supplied as part of the Website shall remain at all times vested in us or our licensors. You are only permitted to use the content, material and images on this Website with our or our licensors prior agreement in writing.
13.3 You agree that the material, content and images contained within this Website is made available to you for your personal non-commercial use only and that you may download such material, images and content to one computer hard-drive only. Any other use of the material, content and images is strictly prohibited. You agree not to copy, reproduce, transmit, publish, display the images, content and material on this Website.
13.4 Tolla Duke Pte Ltd is the owner of the copyright in the design, database and content of this Website. No part of this Website may be published, distributed, extracted or utilised or reproduced in any material form except as permitted by law.
14. Limitation of Liability
14.1 In the event of any act or circumstances beyond Give Art’s reasonable control, including but not limited to any failure on the part of our suppliers, failures on the part of our Third Party payment mechanism, Paypal, Act of God, legislation, war, flood, fire, drought, break-in, theft, any failure in the delivery service we use, failure of power supply, lock out or strike we shall have no liability to you for any delay or failure to deliver the Artwork(s).
14.2 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
14.3 Save as precluded by law:
14.3.1 Give Art’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions will be limited to the net value of your Artworks;
14.3.2 Give Art shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, completion of goodwill or otherwise), costs, expenses or other claims of consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the performance of these terms and conditions.
15.1 No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision
16.1 This Agreement between us shall be governed by Singapore Law.
16.2 In the event of any dispute or claim in relation to this Agreement, the parties agree to submit to friendly and cooperative, non-binding mediation.
16.3 In the event that any dispute or claim relating to this Agreement is not resolved by non-binding mediation, such dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the International Arbitration Act of Singapore (cap 143A). The arbitration shall be governed by the SIAC Rules. The Tribunal shall consist of one arbitrator to be appointed by the Chairmen of the SIAC, if not agreed between the parties. The language of the arbitration shall be English.
16.4 These Terms and Conditions, and the documents referred to within, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of these Terms and Conditions.
16.5 We confirm we have read, understood and undertake to follow these Terms and Conditions listed above during the administration of our Gift List.
17.1. Should you have any questions or concerns regarding any of our Terms and Conditions, please Contact Us via Email firstname.lastname@example.org or via mail to Give Art, 65 Spottiswoode Park Road, Singapore, 088654.