Art Babylon Terms and Conditions
1. Ownership
This website is the property of ART BABYLON. The Registered Office address is at 3208, Central Plaza, 18 Harbour Road, Wanchai, Hong Kong. The Registered Business Number is 51194274-000-09-09-1.
2. Headings
Headings used in these terms and Conditions are for convenience only and shall not affect their interpretation.
3. Jurisdiction
These Terms and Conditions shall be governed and construed in accordance with the law of Hong Kong. Any disputes shall be subject to the exclusive jurisdiction of the Courts of Hong Kong.
4. Post & Packing
All orders are dealt with in a professional and timely manner and all art, antiques and collectibles will be packed and dispatched to you with the utmost care and attention. In the case of original fine art, antiques and collectibles, your order is normally dispatched within 48 to 72 hours. In the case of Limited Edition Artist Signed Prints, these are usually produced to order in small supervised batches and will normally be dispatched within two to three weeks of the order being received. All orders to Hong Kong are delivered free, unless you have made a special request for a Next Day Delivery or Courier Service. Postage costs to all other countries will be provided on request.
Unframed art paper or un-stretched canvas limited edition prints are carefully rolled in acid free protective tissue paper and sent to you in tough cardboard tubes to avoid damage. Framed or stretched canvas original art works or limited edition prints are carefully packed by experienced packers.
5. Payment
Art Babylon is a fully verified PayPal merchant and we accept on-line credit card and PayPal payments in most currencies.
Cheques: should be made payable to Art Babylon and posted with your order requirements to: Art Babylon, 3208 Central Plaza, 18 Harbour Road, Wanchai, Hong Kong.
Bank Transfers: Art Babylon can receive bank transfers in most currencies. Our preferred options are Hong Kong Dollars, UK Pounds and US Dollars. Suitable bank account details will be provided to the customer as requested.
Cash: is acceptable, if paid in person, or sent via suitable insured mail, and if legal to send cash within the jurisdictions concerned. This is on the express understanding that cash payments are sent with full responsibility of the customer and Art Babylon accepts no responsibility for cash that is lost in transit or otherwise.
6. Import Duties/Customs
When ordering goods from ART BABYLON for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the customer; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from ART BABYLON you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
7. Refund Policy/Order Cancellation
In the unlikely event of an item being faulty or arriving in anything less than perfect condition, please advise us and get instructions for return for a free replacement or refund. All items leave ART BABYLON in perfect condition, so please do not accept delivery of an item which is obviously damaged.
Great care is taken in packaging and sending ART BABYLON artwork, antiques and collectibles and it is extremely rare that any such items are damaged during transit. However, goods should be returned to us if they are received by you in a damaged condition. Should your goods become damaged in the post we ask that you state this on the form which you are asked to sign in order to receive the package. If the tube has obviously been crushed please do not accept the parcel. Damaged goods must be returned in the original packaging within 1 week of receipt, PLEASE NOTIFY ART BABYLON of any such occurrence. Goods which are subsequently damaged after receipt will not be replaced.
If you are not satisfied with your purchase for any other reason, you may return it to us within 7 days for a refund. You must contact ART BABYLON before returning any item. Upon safe receipt of the package we will arrange a refund.
If you wish to cancel your order you may do so up to 7 days after receipt of your goods. If you wish to cancel your order after receipt you must contact ART BABYLON on (852) 9263 6736 or email us and we will give instructions on how to repack the goods. Prints and Original Works of Art are easily damaged and must be returned in good condition and at the customers cost. If they are carefully repacked there is no reason why they should get damaged and we will be happy to refund the purchase price in full on receipt of the returned items.
8. Losses
ART BABYLON will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
9. Our Contract
When you place an order to purchase a product from ART BABYLON we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation email"). That acceptance will be complete at the time we send the Dispatch Confirmation email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation email to have been dispatched do not form part of that contract.
10. Complaints
If you wish to lodge a complaint relating to any part of our service please contact us by telephone (852 9263 6736) by email or by mail at our contact address. All complaints will be responded to within 2 working days and resolved in an equitable manner. We receive very few complaints but record all problems and try to use them as a way of continually improving our service.
11. Electronic Communications
When you visit www.ARTBABYLON.com or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
ART BABYLON reserves the right to suspend or discontinue any user's access to the Site in the event that a user's access or use of the Site contravenes these Terms and Conditions, applicable laws, rules and regulations. User means any person who uses the Site in any capacity.
13. Intellectual Property
Content on the Site, including all text, images and design is the copyright of ART BABYLON unless otherwise stated. Content may only be used for personal, non-commercial purposes. Users agree not to create derivative work from the content, not to modify copy, reproduce, distribute, sell, broadcast or re transmit the content or any part of the content.
14. Responsibility of ART BABYLON
While every effort is made to keep the information and content on the Site up to date, neither ART BABYLON nor any third party or data of content provider make any representations or warranties, whether expressed, implied or residual, as to sequence, accuracies, completeness, or reliability of information, opinions, data and/or content contained on the Site and shall not be bound in any manner by any information contained on the Site. ART BABYLON reserves the right at any time to change or discontinue without notice, any aspect or feature of the Site. No content of the Site shall be construed as advice. ART BABYLON does not warrant that the functions contained in the material contained on the Site will be uninterrupted or error free, that defects will be corrected, or the server that makes it available are free of viruses or bugs or represents a full functionality, accuracy and reliability of content. Any links to other websites or information are provided for user convenience. ART BABYLON does not accept any liability for their accuracy or content.
ART BABYLON will not sell, rent or distribute any user data to any third party unless it has the prior written permission of the user to do so. ART BABYLON will only publish details of a user's home address and telephone number if we have obtained the user's prior written consent to do so.
ART BABYLON cannot guarantee the privacy or confidentiality of any data passing over the Internet in connection with the Site and cannot guarantee that the Site will not be interfered with by factors outside the control of ART BABYLON.
ART BABYLON and the officers and representatives of ART BABYLON are not liable for any damages of any kind, including without limitation compensatory, direct, indirect or consequential loss or damage, loss of business, of data, revenue, income, profit, reputation, goodwill, damage to property or claims of third parties to the fullest extent permissible by law.
ART BABYLON reserves the right to close down the Site at any time but shall give as much notice as possible to artists before doing so.
15. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
16. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17. User Responsibility
Users are responsible for all content they submit to be posted on the Site.
Users agree not to post or transmit any of the following - Any content that is harmful, threatening, abusive, obscene, harassing or offensive (against race, gender, sexuality, disability, age, religion) or presents a political or religious standpoint, or any chain letters or financial schemes.
Users will not knowingly transmit any data that contains any computer viruses or bugs of any kind.
Users will not post any content that will infringe the copyright of any other party and users agree that their posted work will be original and of their own making.
Users agree to ART BABYLON editing and/or deleting the content of any postings on the Site. ART BABYLON reserves its absolute discretion in deciding whether or not to publish user’s postings.
Users post images on this site at their own risk.
18. Conflict
Where any conflict or contradiction appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of customers use of the relevant section or module of the Site.
19. Cession
ART BABYLON shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and Conditions, policies or notices to any third party.
20. Entire Agreement
These Terms and Conditions constitute the sole record of the agreement between customers and ART BABYLON in relation to use of the Site. Neither customers nor ART BABYLON shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, these website Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between users and ART BABYLON in respect of use of the Site.

