Dryads Green Gallery
Where collectors find the masterpiece American art they want!
Terms of Use
&
Conditions of Sale
OUR CONTRACT WITH YOU
Dryads Green Associates, Inc., hereafter "we" or "us" respectively does business as Dryads Green Gallery. Dryads Green Gallery may act as a principal or as agent for various owners and consignors including Dryads Green Associates, Inc. Your acceptance of our Terms of Use is indicated by your accessing our website, and any use of the site by you confirms your agreement to these Terms of Use, which apply to all users regardless of whether you transact through our website or use it for other purposes. By offering to purchase or purchasing property from or through us you agree to our Conditions of Sale. You agree thereby that you have read, understood and agree to be bound by these Terms of Use and Conditions of Sale as a legal contract and to comply with all applicable laws, rules and regulations. If, for any reason, you do not agree to abide by our Terms of Use and Conditions of Sale please log off immediately and do not use the Dryads Green Gallery website in the future. Your use of this website specifically authorizes us to authenticate your identity. The Terms of Use and, if applicable, the Conditions of Sale, constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision of these Terms of Use and Conditions of Sale shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The terms and conditions set forth in this agreement may be changed at any time, and any changes will be effective immediately. ALL SALES ARE FINAL. Your continued use of the site following the posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement, you may not continue to use this site. By accepting these conditions of sale, you are agreeing that all transactions conducted on this site will be subject to the laws of the State of New York, U.S.A., and consenting to exclusive jurisdiction in the courts of the State of New York, U.S.A., or Federal courts in New York, NY, U.S.A.
CONDITIONS OF SALE
The items described on this website, which description may be amended by notice or announcement at any time, are offered for sale by Dryads Green Gallery. We may terminate any sale without notice for any reason. The Buyer is bound by any credit card charge authorized to pay for a transaction. The Buyer will not resolve any dispute by (i) attempting to revoke a charge to his or her credit card, (ii) attempting to exercise any other rights with respect to consumer credit transactions to obtain a refund or (iii) attempting to recall a wire transfer or other form of payment. All property offered on this site is sold subject to the specific guarantee as to authenticity and physical condition set forth below. When items of property are offered for sale by a Seller other than Dryads Green Gallery, the Seller of such item is solely responsible for estimates, descriptions, condition, authenticity, title and all other matters relating to the offer and sale of such item, and we are not responsible for any errors or omissions with respect to such information. Property offered on the Site is often of some age. We make no guarantees, warranties or representations, express or implied, to any Buyer with respect to the property, including without limitation, its merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, exhibitions, literature or historical relevance or otherwise. ALL SALES ARE FINAL. No statement anywhere, whether oral or written, shall be deemed such a guarantee, warranty or representation.
AUTHENTICITY
We exercise care in describing all listed artworks and use judgment in attributing authorship, but we offer no guarantee regarding authenticity, condition, or description. The information contained herein has been obtained from sources believed to be reliable, but we cannot guarantee its accuracy or completeness. Opinions and estimates expressed herein are subject to change without notice. We do not undertake to advise clients of changes in our opinion or to update such information. Although we exercise due care in describing the items listed and use good judgment in attributing authorship, we do not make any express or implied warrantee as to such authorship. Notwithstanding, we may, but shall have no obligation to, consider any reasonable request for refund on the grounds of authenticity of authorship only under the following conditions: (i) Notification must be made to us in writing within 7 days of receipt of the item. (ii) The items must be returned to us at our place of business within 14 days of the sale, accompanied by written testimony from a recognized authority agreed to by us that the lot in question is a forgery, and free from any claims by third parties. (iii) The limited warrantee is applicable only to the original buyer. (iv) The buyer is liable for all shipping costs and any damages as determined by us, and any such damages will be charged against amounts to be refunded. The purchase price will be refunded only; there will be no compensation for damages, loss of profit, professional fees, transportation or any other costs. (v) The limited warrantee does not extend to the lots identified as attributions, school, circle, manner, or after. No lot shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind. ALL SALES ARE FINAL.
PHYSICAL CONDITION
All property is sold "as is." We believe it is important for you to know the condition of a work before you purchase it, as it is the Buyer's sole responsibility to be knowledgeable about the condition of the property. If you have any questions regarding the condition, we would be happy to provide an opinion of the condition, but all works are sold as is. If a work is in obvious need of repair, or has obvious imperfections, we will attempt to note it in the description. If a painting is excessively dirty, we will attempt to note it in the description; however, we do not feel that the normal darkening of varnish over years is problematic, and it will not be noted in the description. If you would like our opinion regarding whether or not a work needs to be cleaned, please contact us. We strongly recommend that you personally inspect potential purchases, or have your representative inspect them on your behalf. If this is not possible, we urge you to call us for a detailed verbal or written condition report. This report is not a professional conservator's evaluation, but is given to the best of our opinion and is not to be relied on as representations or statements of fact. ALL SALES ARE FINAL. When reviewing descriptions of lots, you should bear in mind the age and past use of the lot and should assume that lots will show signs of reasonable "wear and tear." If the lot is framed or mounted on a base or other mounting, or is covered by glass, no guarantee or warranty is made with respect to the condition of the frame, base, other mounting or glass. Your purchase indicates that you are satisfied with the existing condition of the work.
INTELLECTUAL PROPERTY
All rights reserved. No portion or image hereof is to be reproduced or distributed to any unauthorized person without the proprietor's prior written consent. All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Dryads Green Gallery and is protected by U.S. and foreign copyright laws and international conventions. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited as is the collection and use of any data by extraction or data-mining whatsoever, including without limitation the reproduction of images found on the site for any use other than viewing the property for purposes of considering a potential purchase. Please note that Dryads Green Gallery makes no representation or warranty as to whether the Buyer acquires any reproduction rights in the property or other intellectual property rights in the property.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Dryads Green Gallery and its parent Dryads Green Associates, Inc. will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages (including without limitation for lost profits, revenues or data), arising out of or in connection with any goods or services purchased. You agree to indemnify, defend and hold us harmless from any and all third party claims, liability, damages an/or costs. These terms & conditions are linked to each page of our catalogue and are an extension of every page thereof.