1.1 This website platform: https://cloudgallery.com (the “Website”) is owned and operated by Cloud Gallery (“Cloud Gallery”), a limited liability company incorporated under the laws of the Philippines, and your use is governed by these Website Terms and Conditions (the “Terms”). By accessing and browsing this Website you agree to be bound by the Terms whether or not you are a Registered User (as defined in clause 2.1 below). If you do not agree to these Terms then you are not permitted to access the Services (as defined in clause 2.4 below).
1.2 Cloud Gallery reserves the right to amend these Terms, in whole or in part, for any reason, at any time and without notice. Amendments will be effective immediately upon posting of the amended Terms on the Website. The date at the beginning of these Terms will be updated to the date such amendments take effect. You are responsible for ensuring that you are familiar with the latest Terms. You will be deemed to have accepted these Terms as amended if you continue to use the Website and/or the Services.
2.1 A “Registered User” is a person that registers through the ‘Registered Users’ registration form contained on the Website to become a Registered User.
2.2 You must be at least 18 years old to apply to be a Registered User. Any registration by a person aged under 18 is invalid.
2.3 You may not register for more than one account as a Registered User.
2.4 Cloud Gallery provides Registered Users with the following services:
(a) notification of new exhibitions and artworks featured on the Website;
(b) facilitation of online enquires to Cloud Gallery (including transaction related) featured on the Website; and
(c) provision of Cloud Gallery's regular e-newsletter, collectively, the “Services”.
2.5 When registering as a Registered User, you must provide all the account information requested by Cloud Gallery (collectively, the “Account Data”). By submitting Account Data, you warrant that you have provided accurate, current, and complete Account Data and will keep the Account Data current and complete.
2.6 Cloud Gallery will close a Registered User’s account on request in writing from the Registered User.
2.7 Without limiting and other rights and remedies available to it, Cloud Gallery reserves the absolute right to suspend or terminate the account of a Registered User at any time or refuse to provide the Services to a Registered User with or without first issuing notice, including, without limitation, if Cloud Gallery believes that it is necessary to comply with the rights of a third party and/or where Cloud Gallery has reason to believe that a Registered User has violated any of its obligations contained in clause 4.2(a)-(i) inclusive below.
3.1 The price shown for the goods are inclusive of VAT but exclude postage and packing. The price you pay will include VAT on all good and deliveries within the Philippines.
3.2 If applicable, you will be required to pay import on any purchases from us. These charges will not be covered within your order and you will be liable to pay these charges when your work is being processed at customs.
4.1 If you are not satisfied or wish to return your print, we operate a 14 day return policy for all of our limited edition artworks from the date of purchase (or if the edition has not arrived to you within those 14 days - 7 days from receiving the artwork). Please inform us at your earliest convenience of this decision, and a member of our team will be in touch with further instructions about the return of the edition to the gallery and any applicable refunds. Please note that all returns (excluding damage) will be dependent on the artwork being returned to the gallery in the same condition in which it was originally dispatched.
4.2 If your artwork has been damaged - you will be entitled to a full refund or replacement good (all permitting). Please note that all replacements and refunds due to damage are restricted to harm incurred prior to receiving the product; such as during shipment. The gallery is not liable for any damages incurred once the edition is in your possession, this includes but is not limited to the defects that arise due to failure to follow our oral or written instructions as to the storage, installation, use or maintenance of the work. We strongly recommend that artworks are checked immediately on receipt and that we are notified of any damage by email within 14 days of delivery. We are not able to process refunds outside of this 14 day timeframe.
4.3 Please send us an e-mail prior you returning your purchase, informing us that you are returning the goods and why.
5.1 Works may vary slightly from their pictures. The images of the works on our website or social media platforms are for illustrative purposes only. Although we have made every effort to display the colours and attributes accurately, we cannot guarantee that a device's display of the colours and/or attributes accurately reflects the colour and/or contours of the given work.
6.1 Subject to these Terms, you may access and view Content within the Services for your own personal, non-commercial use, in the context of your Cloud Gallery user experience, within the normal functionality and restrictions of the Services.
6.2 You may not:
7.1 You can view Cloud Gallery's privacy policy here.
8.1 You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.
9.1 The Contract will be governed by the laws of the Republic of the Philippines and the parties to the Contract submit to the jurisdiction of the Philippine Courts.