www.agcontemporary.com (hereinafter referred to as the « Site ») is published by AG CONTEMPORARY LLC whose head office is in New-York City - NY - USA. 🇺🇸

Terms and Conditions – AG Contemporary

These Terms and Conditions are a legally binding agreement between you (hereinafter referred to as the Customer) andAG Contemporary LLC, the owner and operator of the AG Contemporary web shop (hereinafter referred to as AG Contemporary, we, our or us). Upon placing an order through the (mobile) Website, or using any of the services related thereto (the Services), you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions. 

1.     Interpretation

1.1            Agreement means the agreement that the Customer enters into when placing an Order via the Website and thereby accepts the applicability of these Terms and Conditions. 

1.2            Customer is the party that executes the Order for Products as supplied by AG Contemporary.

1.3            Offer means the offering of the Products for a reduced price or under other different conditions than those under which they are generally offered. 

1.4            Order means the Customer’s order for the Products from AG Contemporary after following the step-by-step process as set out on the Website. 

1.5            Services means the services as offered by AG Contemporary which relate to or are in support of the sale of the Products.

1.6            Product means the products as advertised on the Website and supplied by AG Contemporary.

1.7            AG Contemporary means the seller of Products under these Terms and Conditions.

1.8            Website means our website on www.agcontemporary.com, where the Products are advertised. 

2.     General Applicability and Amendment

2.1            These Terms and Conditions apply to all purchases of Products as offered by AG Contemporary, except where expressly indicated to the contrary.

2.2            You should not use the Website nor accept these Terms and Conditions if you are not of legal age or have the required mental capacity to form a binding contract with AG Contemporary.

2.3            Placing an Order requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions. Before the Customer places an order, the Customer is asked to agree to these Terms and Conditions. If the Customer does not agree, Customer will not be able to complete the Order. 

2.4            It is the responsibility of the Customer to read and understand the Terms and Conditions prior to placing an Order. If you do not agree to these Terms and Conditions, do not register for the use of the Services and do not use the Website. 

2.5            All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Order placed by the Customer.

2.6            In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. AG Contemporary will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.

2.7            AG Contemporary may unilaterally change these Terms and Conditions. The amended Terms and Conditions are immediately applicable to new Orders. 

2.8            Except as supplemented by additional terms and conditions, policies, guidelines or standards, these Terms and Conditions contains the entire legal understanding between AG Contemporary and you and supersedes any and all prior or written understandings or agreements in relation to Customer’s access to and use of the Services as well as any Orders placed by the Customer.

2.9            Any personal data submitted by you to AG Contemporary will be governed by the Privacy Policy.

3.     The offered Products

3.1            The offered Products will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Products by the Customer. Where AG Contemporary uses images, these are a true representation of the Products. However, to the extent permitted by applicable law, AG Contemporary does not warrant or represent that the Product descriptions, colors, information, or any other content available on the Website are accurate, complete, reliable, current, or error free. 

3.2            All Products offered on the Website are subject to availability.

3.3            AG Contemporary reserves the right to refuse the Services or the sale of Products to anyone for any reason and at any time. 

3.4            Obvious mistakes or errors in the description or depiction of Products do not bind AG Contemporary. 

3.5            AG Contemporary can make changes to the Products which are necessary to comply with applicable law of safety requirements.  

3.6            Offers are free of obligation, unless a period of acceptance is stated in the Offer. If the Offer is not accepted within that specific period, the Offer will expire. 

3.7            AG Contemporary cannot be held to their Offer(s) if the Customer can reasonably understand that the Offer(s), or part thereof, contain(s) an obvious mistake or error.

3.8            Offers do not automatically apply to repeat Orders, unless parties have agreed so in writing. 

4.     Use of the Website

4.1            In order to place an Order, the Customer will need to register and create an account (the Customer Account). The Customer must provide accurate, current, and complete information in order to set up the Customer Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, AG Contemporary has the right to suspend or terminate the Account.

4.2            Customer must maintain the confidentiality of the password and Customer Account information, and agrees to notify AG Contemporary if the Customer suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised. 

4.3            The Customer shall duly inform AG Contemporary of any fact and circumstances that may be relevant in connection with the execution of the Services.

4.4            The Customer shall guarantee the correctness, completeness, and reliability of relevant information provided to AG Contemporary.

5.     Orders and Payments

5.1            Once the Customer receives an Order confirmation, a contract for the sale of goods is entered into between Customer and AG Contemporary. 

5.2            AG Contemporary is not responsible for any inaccuracies in Orders which are the result of a mistake by the Customer. 

5.3            Any amounts displayed on the Website or made known to the Customer in any other way shall be in US Dollars ($), including applicable taxes and excluding shipping costs, unless explicitly stated otherwise. Typing errors and price changes are reserved.

5.4            The full purchase price is paid immediately upon placing an Order by the Customer providing the applicablecredit or debit information with the Order.

5.5            AG Contemporary takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments. 

5.6            AG Contemporary reserves the right to refuse an Order from a Customer at any time, for any reason whatsoever and without notice.

5.7            AG Contemporary has the right to seize its Services until the Customer fulfils all payments due. The Services shall be reinstated once payment has been made in full. 

5.8            Given the specificity of the Products, hand-made fur items cannot be returned or exchanged unless there is a clear and objective shortcoming with the item, which AG Contemporary may decide at its sole discretion. If AG Contemporary accepts a return, the return fees are charged to the Customer, even if the Product delivered to the Customer is defective, unless there are exceptional circumstances.

6.     Delivery

6.1            AG Contemporary will take all reasonable care when receiving and executing Orders for the delivery of Products.

6.2            Upon delivery of any Product, the Customer shall be fully and solely responsible for the Product. Risk of damage to, or loss of the Product shall pass to the Customer upon delivery. However, the Customer does not legally own the Products until AG Contemporary has received payment in full. 

6.3            If a package gets lost in transit, the Customer must notify AG Contemporary of this no later than 3 days after the estimated delivery date. If this is due to an error attributable to AG Contemporary, AG Contemporary will offer a full refund to the Customer. Otherwise, AG Contemporary will investigate the issue and Customer and AG Contemporary will come to a mutually acceptable solution. 

6.4            If the Customer’s address of delivery is incorrect or insufficient, or if the package is not claimed by the Customer, the package is returned to AG Contemporary. The Customer will be liable for storage and/orreshipment costs.

6.5            Delivery times are indicative and do not entitle the Customer to dissolution or compensation if they are exceeded.

6.6            The Customer is obliged to comply with the applicable import and export regulations and the customs regulations of the country-of-origin destination and transit. 

6.7            Any taxes, customs, or duty fees incurred on international parcels are the responsibility of the Customer. The Customer is solely responsible for all risks and consequences of importing Products.

7.     Force Majeure

7.1            In the event of either party not meeting its obligations under these Terms and Conditions due to something outside its reasonable control: (a) the party will notify the other party as soon as reasonably possible; and (b) the party’s obligations may be suspended if reasonable, and the party will not be liable for any failure which it could not reasonably avoid.

8.     Limitation of Liability

8.1            To the maximum extent permitted by law, the Services provided by AG Contemporary on or through the Website are provided on an “as is” and “as available” basis. AG Contemporary hereby expressly disclaims any and all warranties, either express or implied, including but not limited to, any warranties of condition, quality, durability, or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

8.2            To the maximum extent permitted by law, AG Contemporary makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Website.

8.3            AG Contemporary is not liable for possible damage caused under these Terms and Conditions or an Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of AG Contemporary.

8.4            The liability of AG Contemporary is at all times limited to the complete amounts as paid by the Customer for the Product or Order involved in the damage.

8.5            To the maximum extent permitted by law, AG Contemporary shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of the Services or purchase of any Product; (b) any conduct of any party other than AG Contemporary itself; (c) any defect in Products; (d) unauthorized access by third parties to Customers’ personal data; or (e) any violation of third party rights through the sale and/or use of Products, or claims by any party that they are entitled to defence or indemnification in relation to assertions of these rights. 

8.6            The Customer indemnifies AG Contemporary against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If AG Contemporary is held liable by a third party in relation to these Terms and Conditions and any underlying Orders, the Customer is obliged to pay AG Contemporary all costs related to this, and the Customer is obliged to take responsibility for the liability.

9.     Intellectual Property

9.1            The Website and any content thereon are protected by applicable intellectual property laws and you agree to respect them. All rights not expressly granted to the Customer are reserved by AG Contemporary.

9.2            AG Contemporary retains all rights and powers that accrue to it with regard to the intellectual property in the works produced by it, including the Website’s look and feel. The design of the Website, including its software, source code, text, images and all other content are copyrights, trademarks and other intellectual properties that are owned and controlled by AG Contemporary. 

9.3            The Customer may not reproduce, publish, transmit, distribute, display, modify, or exploit in any way the content of this Website. 

10.  Complaints Procedure

10.1         Complaints about the Services or these Terms and Conditions must be submitted fully and clearly to AG Contemporary within a reasonable time after the Customer has discovered the defects.

10.2         The Customer must, in any case, give AG Contemporary two (2) weeks to resolve the complaint in mutual consultation. 

10.3         Complaints can be sent to ag@agcontemporary.com and must contain any details about an Order, including your name, the order number, and the reason for the complaint.

11.  Applicable law

11.1         Only the laws and regulations of the State of New York, USA, apply to the legal relationship between AG Contemporary and the Customer.

11.2         The courts of the city of New York are authorized (in the first instance) to take cognizance of any dispute between AG Contemporary and the Customer, unless otherwise required by law.

12.  Contact

12.1         Questions about the Terms and Conditions can be sent to ag@agcontemporary.com