These terms and conditions (hereinafter ”Terms and Conditions”) apply to all purchases made by YOU on my https://nisticovichgallery.com/ website (hereinafter the “SITE“).

These Terms and Conditions set out :

    – YOUR legal rights and responsibilities;
    – MY legal rights and responsibilities; and
    – certain key information required by law.

IMPORTANT
If YOU buy goods on my SITE, YOU agree to be legally bound by these Terms and Conditions. If YOU do not agree with or accept any of these Terms and Conditions, YOU should stop using the SITE immediately and not buy any goods on the SITE.

INFORMATION ABOUT ME
I am Rosario Nistico, the owner of Nisticovich Gallery. Registered in Israel under registration number 17261538. My office is located at 123 Rothschild Blvd. Tel-Aviv, Israel 6527123.      I can be contacted via email: nisticovich.gallery@gmail.com or by WhatsApp: +972-508839535

ARTICLE 1.     DEFINITIONS

The following terms have the following meanings in these Terms and Conditions :

“CONSUMER” means a person having the features of a consumer as defined in the Consumer Rights Act 2015 and is acting for purposes that are wholly or mainly outside his/her trade, business, craft or profession.

“PRODUCT” or “PRODUCTS” means the good(s) available for sale on my SITE;

“ORDER” means an order to purchase PRODUCTS which YOU make on MY SITE.

“TERRITORY” means Israel; and

“YOU/YOUR” means the person using my SITE to place an ORDER to buy PRODUCTS from me and being a consumer as defined in the Consumer Rights Act 2015. As such, YOU must be acting as a CONSUMER.

ARTICLE 2.     PURPOSE

All sales of PRODUCTS are subject to these legally binding Terms and Conditions. YOU acknowledge that this SITE addresses CONSUMERS and YOU purchase the PRODUCTS as a CONSUMER.

ARTICLE 3.     ACCEPTANCE OF TERMS AND CONDITIONS

YOU agree to read these Terms and Conditions carefully and to accept them before proceeding to payment of an ORDER of PRODUCTS on the SITE.

These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and they may be updated or modified in accordance with Article 18. The latest version of the Terms and Conditions applies to any new ORDER of PRODUCTS. YOU must read through and accept the latest version of the Terms and Conditions before placing an ORDER. YOU are encouraged to carefully read, download, and print the Terms and Conditions and to keep a copy for YOUR records.

By clicking on the button to place an ORDER and then the button to confirm the ORDER, YOU acknowledge having read, understood and accepted these Terms and Conditions without limitations or conditions.

ARTICLE 4.     PURCHASE OF PRODUCTS ON SITE

In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have the legal capacity.

YOU will be required to provide information allowing ME to identify YOU by completing the form available on the SITE. The sign (*) indicates the mandatory fields that YOU must fill in before YOUR ORDER is processed by ME. YOU can check the status of YOUR ORDER on the SITE. YOU can track the status of YOUR ORDER, if necessary, using the online monitoring tools provided by ME or my delivery partners (if any) or contact ME by sending an email to nisticovich.gallery@gmail.com to obtain information about the status of YOUR ORDER.

The information YOU provide to ME during an ORDER must be complete, accurate and up to date. I reserve the right to ask YOU to confirm, by any appropriate means, YOUR identity, YOUR eligibility and the information communicated.

ARTICLE 5.     ORDERS

         Article 5.1. Nature of Goods

         5.1.1.

The Consumer Rights Act 2015 gives YOU certain legal rights (also known as ‘statutory rights’), for example, the goods :

    – are of satisfactory quality;
    – are fit for purpose;
    – match the description, sample or model; and
    – are installed properly (if I install any goods).

         5.1.2.
I must provide YOU with PRODUCTS that comply with YOUR legal rights.

         5.1.3.
The packaging of the PRODUCTS may be different from that shown on the SITE.

         5.1.4.

While I try to make sure that :

    – all weights, sizes and measurements set out on the SITE are as accurate as possible, there may be a small tolerance of variation in such weights, sizes and measurements certain PRODUCTS; and
    – the colors of the PRODUCTS are displayed accurately on the SITE but the actual colors that YOU see on YOUR computer may vary depending on the monitor that YOU use.

         5.1.5.

Any PRODUCTS sold:

    – at discount prices;
    – as remnants; or
    – as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use before YOU place an ORDER for such PRODUCTS.

         5.1.6.
If I can’t supply certain PRODUCTS, I may need to substitute them with alternative goods of equal or better standard and value. In this case :

    – I will let YOU know if I intend to do this but this may not always be possible; and
    – YOU can refuse to accept such substitutes, in which case I will offer YOU a refund or a replacement and let YOU know how long such an offer remains open for.

         Clause 5.2. Ordering procedure

ORDERS are placed directly on the SITE. To place an ORDER, YOU must follow the steps described below (please note, however, that steps may vary according to YOUR starting page).

         5.2.1.     Selection of PRODUCTS and purchase options

YOU will have to select the PRODUCT of YOUR choice by clicking on the PRODUCT concerned and selecting the characteristics and the quantities desired. Once the PRODUCT is selected, the PRODUCT is placed in YOUR shopping basket. YOU can add as many PRODUCTS to YOUR shopping basket as YOU wish.

         5.2.2.     ORDERS

Once YOU have selected a PRODUCT and placed it in YOUR shopping basket, YOU must click on the shopping basket to ensure the contents of YOUR ORDER are correct. If YOU have not done so, I will invite YOU to identify YOURSELF or register.

If YOU confirm the contents in the shopping basket and have identified or registered on MY SITE, an automatically completed online form will appear summarizing the price and, if applicable, the delivery charges.

Once verified, YOU can then proceed to payment of the PRODUCTS following the instructions on the SITE and by providing all the information necessary for the invoice and the delivery of the PRODUCTS. If options are available for the PRODUCT, specific references will appear when the correct option(s) have been selected. YOU must include all the information required for the correct processing of the ORDER.

YOU must also select the delivery method for YOUR ORDER, if there is such option.

         5.2.3. Acknowledgment of receipt

Once all the steps described above are completed, a page will appear on the SITE acknowledging receipt of YOUR ORDER. A copy of the acknowledgment of receipt of the ORDER will be sent to YOU automatically by email to the email address YOU have provided to ME. This acknowledgement does not, however, mean that YOUR ORDER has been accepted.

I may contact YOU to say that I do not accept YOUR ORDER. This is may be for a number of reasons, for example :

    – the goods are unavailable;
    – I cannot authorize YOUR payment;
    – YOU are not allowed to buy the PRODUCT from ME;
    – I`m not allowed to sell the PRODUCT to YOU;
    – YOU have ordered too many PRODUCTS; or
    – there has been a mistake on the pricing or description of the PRODUCT.

I will only accept YOUR ORDER when I email YOU to confirm this (“CONFIRMATION EMAIL”). At this point only :

    – a legally binding contract will be in place between YOU and ME in respect of YOUR ORDER; and

    – I will dispatch the PRODUCT to YOU.

I do not send ORDER acknowledge or confirmations by post or fax.

         5.2.4. Invoice

When placing an ORDER, YOU must enter the information I require for the invoice (the (*) sign will indicate the mandatory fields to be filled in the ORDER so that I can process YOUR ORDER).

YOU must clearly indicate all the information relating to the delivery, particularly the exact address for delivery, and any relevant access code for or instructions to access the delivery address.

YOU must also select methods of payment.

The online order form and the email acknowledgment of receipt of the ORDER do not constitute an invoice. Irrespective of the order or payment method used, YOU will receive the original invoice on delivery of the PRODUCT, inside the package.

         Article 5.3. Date of the ORDER

The date of the ORDER is the date of OUR CONFIRMATION EMAIL. The timelines indicated on the SITE do not begin to run until this date.

         Article 5.4. Price

Prices of the PRODUCTS including the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the delivery address and the carrier and method of delivery) are available from the SITE and are in US Dollars ($).

Prices include, in particular, value added tax (“VAT”) at the rate in force on the date of the ORDER. Any changes in the applicable rate may impact the price of the PRODUCTS from the effective date of the new rate.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

Prices of MY vendors are subject to change. As a result, the prices shown on the SITE may change. They may also be modified in cases of special offers or sales.

The prices quoted on the SITE are valid, unless there is a gross error. The applicable price is that indicated on the SITE on the date YOUR place the ORDER.

All shipping, duty, local customs or local taxes are the responsibility of the buyer.

         Article 5.5. Availability of PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned on the SITE.

In case the unavailability of a PRODUCT YOU have ORDERED has not been indicated on the PRODUCT page, I will inform YOU of it.

If certain PRODUCTS are unavailable, I may need to substitute them with alternative goods of equal or better standard and value. In this case,

a) I will let YOU know if I intend to do this but this may not always be possible; and

b) YOU can refuse to accept such substitutes, in which case I will offer YOU a refund within thirty (30) business days of payment or a replacement and let YOU know how long such an offer remains open for.

ARTICLE 6.     RIGHT OF CANCELLATION

The terms of YOUR rights of cancellation are provided in the “Shipping & Returns” section available on the SITE.

ARTICLE 7.     PAYMENT

         Article 7.1. Methods of payment

YOU will pay for the PRODUCTS YOU have ORDERED on the SITE according to the payment methods I offer. YOU warrant to ME that YOU hold all the authorizations required to use the chosen methods of payment.

I will do all that I reasonably can to ensure that all of the information YOU give ME when paying for the PRODUCT is secure by using an encrypted secure payment mechanism.

All data related to YOUR payment provided on my SITE will be transferred to the bank from MY SITE and will not be processed on MY SITE.

         Article 7.2. Payment date

In the event of a single payment by credit card, YOUR credit or debit card will only be charged when YOUR ORDER is processed.

In the case of a partial delivery, the total amount will be charged from YOUR account when the first package is shipped. If YOU decide to cancel YOUR ORDER of unavailable PRODUCTS, a refund will be provided in accordance with what I wrote in Shipping & Return policy.

         Article 7.3. Delay or denial of payment

In the event that, for whatever reason, the bank rejects YOUR payment, or YOUR payment is denied, opposed or otherwise not possible or YOU are unable to proceed with the payment, YOUR ORDER will be cancelled and terminated automatically.

ARTICLE 8.     STORAGE OF YOUR INFORMATION

I will store YOUR information in order to monitor YOUR transactions and to produce a copy of YOUR ORDERS at YOUR request.

ARTICLE 9.     TRANSFER OF OWNERSHIP

I retain full ownership of the PRODUCT subject to YOUR ORDER (where or not delivered to YOU) until I have received full payment from YOU.

Notwithstanding the foregoing paragraph, the risk of loss or damage to the PRODUCT will transfer to YOU upon delivery of the PRODUCT to YOU or a third party designated by YOU (excluding the delivery carrier).

ARTICLE 10.     DELIVERY

PRODUCT delivery terms are provided in the “Shipping & Returns” section at the SHOP page.

ARTICLE 11.     PACKAGING

I will pack PRODUCTS in accordance with the current transport standards to ensure the appropriate level of protection for the PRODUCTS during delivery.

YOU agree to respect and maintain the same standards when returning PRODUCTS according to the cancellation policy in the “Shipping & Returns” section at the SHOP page.

ARTICLE 12.     LIABILITY

In any event, I am not liable for any losses or damage arising from YOUR non-fulfilment or improper performance of YOUR obligations.

I am not liable for any delay or non-performance if the cause of the delay or non- performance is related to any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, windstorm or other event beyond the reasonable control of either party.

I do not exercise control over websites directly or indirectly linked to my SITE. I am not liable for any content published on third party websites. Links to third party websites are provided for information purposes only and I give no endorsement or warranty in relation to their content.

ARTICLE 13.     PERSONAL DATA

I process information about YOU in accordance with MY Privacy Policy. I ask that YOU read MY Privacy Policy carefully as it contains important information on who I am, how and why I collect, store, use and share personal information, YOUR rights in relation to YOUR personal information, and how to contact ME in relation to YOUR personal information. It also contains information on the correct body to contact in the unlikely event that YOU have a privacy complaint that I cannot address.

ARTICLE 14.     COMPLAINTS

For any complaints, YOU can call me on the following number +972 508839535 Any written complains should be sent to my email: nisticovich.gallery@gmail.com or to the following address: 123 Rothschild Blvd, Tel Aviv, Israel 6527123

ARTICLE 15.      INTELLECTUAL PROPERTY

The SITE and all intellectual property rights in it including all content (including but not limited to text, photographs, graphics, software and all visuals and sounds), are owned by ME, MY licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of MY rights in any intellectual property in connection with these Terms and Conditions. This means, for example, that I remain the owner of them and free to use them as I see fit.

Any person who publishes a website and wishes to create a direct hypertext link to the SITE shall first obtain MY written consent, which is at MY sole and absolute discretion and may be withdrawn at any time.

Hyperlinks to the SITE using techniques such as framing or deep-linking are strictly forbidden.

CLAUSE 16.     VALIDITY OF THE TERMS AND CONDITIONS

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of all other provisions (and, if applicable, the remainder of the provision in question) shall not be affected.

CLAUSE 17.     AMENDMENT OF THE TERMS AND CONDITIONS

MY Terms and Conditions apply to all ORDERS placed on my SITE as long as my SITE is available online.

MY Terms and Conditions are dated accurately. I may modify and update my Terms and Conditions at any time.

The Terms and Conditions applicable are those in force at the time of the ORDER. Any changes to MY Terms and Conditions will not apply to the PRODUCTS already purchased.

CLAUSE 18.     DISPUTES, APPLICABLE LAW AND JURISDICTION

I will try to resolve any disputes with YOU quickly and efficiently.

If YOU and I cannot resolve a dispute using MY internal complaint handling procedure, I will:

19.1. let YOU know that I cannot settle the dispute with YOU.

If YOU want to take court proceedings, the relevant courts of Israel will have exclusive jurisdiction in relation to this contract.

These TERMS AND CONDITIONS and YOUR use of the SITE and all contracts concluded as a result of YOUR use of the SITE are governed by Israeli Law.

Return policy

PRODUCT delivery and return terms are provided in the “Shipping & Returns” section at the SHOP page.

As written in the “Shipping & Returns” section in the SHOP page, in case I agree for your return, YOU must return the PRODUCT to ME at the address: 123 Rothschild Blvd. Tel Aviv, Israel, 6527123

Return fees

The CUSTOMER will have to bear the direct costs of returning the goods.

 If the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by MAIL, the CUSTOMER will have to bear the direct costs of returning the goods.

YOU will have to bear the costs of returning the PRODUCT

In the event that the PRODUCT, by its nature cannot be returned by post (for example due to weight of the PRODUCT), YOU will have to bear the direct costs of returning the PRODUCT to my address: 123 Rothschild Blvd. Tel Aviv, Israel, 6527123

Condition of the property returned

The PRODUCT must be returned according to MY instructions and must include all accessories delivered.

YOU are liable for any diminished value of the PRODUCT resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

Exclusions from the right of cancellation

The right of cancellation is excluded in the following cases :

– Supply of goods or services of which price depends on fluctuations in the financial market
– Supply of goods made according to YOUR specifications or that are clearly personalized
– Supply of goods liable to deteriorate or to perish rapidly
– Provision of audio or video recordings or sealed software that have been unsealed after delivery
– Journal, periodical, magazine (except subscription contract)
– Provision of accommodation services other than for residential purposes, transportation of goods, car rentals, restaurants or recreational services if the offer provides a specific date or a period of performance
– Supply of goods which by their nature are indissociably connected to other goods
– Supplies of sealed goods that cannot be returned for health or hygiene reasons and that YOU have unsealed the goods after delivery.
– Supply of alcoholic beverages, the price of which had been agreed at the time of conclusion of the contract of sale, the delivery can only be made after 30 business days and the actual value of which depends on fluctuations in the market beyond OUR control
– Provision of non-dematerialized digital content if execution has started with YOUR express prior consent, with YOUR acknowledgment that YOU will lose YOUR right of cancellation
– Contracts concluded at a public auction


Delivery zone

PRODUCTS I offer can be delivered worldwide.

I deliver the PRODUCTS to the delivery address YOU provided ME with during the ordering process.

Delivery time

The time required to prepare an order and issue an invoice before shipping is indicated on the “Shipping & Returns” section on the SHOP page in the SITE.
This time does not include weekends or holidays and is an estimate only.

An email message will be automatically sent to YOU at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.

Details of time frame and delivery is detailed on the “Shipping & Returns” section on the SHOP page in the  SITE.

If I fail to indicate or agree on a delivery date, I will deliver the PRODUCTS without undue delay no later than thirty (30) business days after conclusion of the contract.

Terms of delivery

The parcel will be delivered to YOU against signature and upon presentation of identification.

Delivery issues

Deliveries will be made within thirty (30) business days or my acceptance of YOUR ORDER in any event. If this is not the case, YOU must contact ME within reasonable time.

WE are responsible for the delivery of YOUR PRODUCTS. YOU have three (3) days to notify the courier of damages or partial loss noticed upon delivery.