CONDITIONS OF SALE
*Last Modified: October 26, 2020*
The following terms and conditions and any other related rules that are adopted by Macklowe Gallery and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from Macklowe Gallery (“Macklowe Gallery”, or referred to herein as “us”, “our” or “we”) on the Internet via the Macklowe Gallery website, identified by the domain name www.macklowegallery.com, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platform”), or by calling or visiting our boutique at 445 Park Avenue, New York, NY 10022, United States.
These Conditions of Sale apply only to sales made through the Platform or by phone directly through a Macklowe Gallery employee by individuals who are citizens of, or residents living in, the continental United States of America at the time of placing the order. The Conditions of Sale applicable to any order placed through a Macklowe Gallery employee or the Platform are those in force at the time that an order has been placed on your behalf by a Macklowe Gallery employee or at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you complete the payment section of the Platform before placing your order with Macklowe Gallery, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Macklowe Gallery acquisitions from the Platform or through any Macklowe Gallery employee.
We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. Macklowe Gallery may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. The latest version of these Conditions of Sale will always be available on the Platform. If you are placing an order through the Platform, then by placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
Persons wishing to use the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policies, some of which are incorporated into these Conditions of Sale by reference. If you do not agree to any change to the Conditions of Sale, then you must immediately refrain from ordering any Macklowe Gallery acquisitions through the Platform.
TABLE OF CONTENTS
- PURCHASING ELIGIBILITY
- PRODUCT AVAILABILITY; QUANTITY
- ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
- ORDERS
- PRICES, TAX, AND SHIPPING COSTS
- PAYMENT BY CREDIT CARD
- REVIEW AND CONFIRMATION
- ACKNOWLEDGMENT OF ORDER
- CONFIRMATION OF ORDER
- PROOF OF AGREEMENT
- SHIPPING POLICY
- REPAIRS
- GIFTS
- PRODUCT DESCRIPTIONS
- LIMITATION OF LIABILITY
- GENERAL PROVISIONS
- GOVERNING LAW; AGREEMENT TO ARBITRATION OF CLAIMS
- CONTACT MACKLOWE GALLERY
- PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), and (b) have legal capacity to enter into contracts may order products on the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
- PRODUCT AVAILABILITY; QUANTITY
All orders placed through on the Platform are subject to availability and acceptance by Macklowe Gallery.
Macklowe Gallery reserves the right to change the assortment of items offered on the Platform, and may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session, without prior notice. Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products.
The product pages on the Platform can provide you with information regarding products that are currently available for sale. You may also call or e-mail Macklowe Gallery and an employee will provide you with further information as to product availability and assist you with your purchase:
+1 (212) 644-6400
- ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT
In order to place an order on the Platform, you or the Macklowe Gallery employee (on your behalf) may either register and create an online account on the Platform, or place an order as a guest without creating an online account by selecting the "Guest Checkout" option. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
If you select the “Guest Checkout” option, you will have the option to create your Macklowe Gallery online account upon receiving the Order Confirmation. Please note that in such case, your Macklowe Gallery online account will not include transactions made prior to the creation of your account.
Upon completion of your account registration on the Platform or by the Macklowe Gallery employee, you will receive by email a one-time password, which will allow you to log in to your account on the Platform and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Macklowe Gallery will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
Please refer to our Privacy Policies for more details about how we may use your personal information. If you select the “Guest Checkout” option on the Platform, your online account will not be created and we will not use your personal information for any purpose other than in connection with processing your order.
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by Macklowe Gallery or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide to the Macklowe Gallery employee, or via the Platform, is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided.
Should any of the information you provide to the Macklowe Gallery employee or on the Platform change, please log in to your account and update such information directly on the Platform, or notify Macklowe Gallery at the following e-mail address: email@macklowegallery.com
- ORDERS
If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Make It Yours” icon to place this product in your shopping bag. You may then decide to continue shopping for other products, and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.
When you are ready, you then proceed to “Checkout,” either as a guest or through a registered account. You may also remove one or several products you have selected from the “My Acquisitions” section as part of the checkout process. You may remove the products in question that you have selected by clicking on "X" next to the chosen product in the “My Acquisitions” section. As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order. Then, click on “Pay Now” to place your order.
In the case of an order being placed through a Macklowe Gallery employee, the employee will walk you through the steps above and ask you to confirm the details of your order, either verbally via the phone, or through written text via e-mail.
Notwithstanding anything to the contrary provided for herein, Macklowe Gallery reserves the right, in our sole discretion, to refuse, cancel, and terminate orders at any moment in time. For example, Macklowe Gallery may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Macklowe Gallery suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities, or have otherwise violated these Conditions of Sale.
- PRICES, TAX, AND SHIPPING COSTS
All prices shown on the product pages of the Platform or quoted by a Macklowe Employee are in U.S. Dollars. Macklowe Gallery reserves the right to modify prices and delivery costs at any time without prior notice.
We take reasonable care that the prices of products, as well as delivery costs, are correct at the time when the relevant information was entered into the system or communicated to you via a Macklowe Gallery employee. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or delivery cost error occurs, we may cancel supply of the product and refund you any sums you have paid.
Actual product costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Shipping and delivery costs, if any, are determined on a case-by-case basis per product, and outlined in the Shipping and Returns Policy, which we encourage you to review prior to making a purchase. Sales, use, or other taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options. A Macklowe Gallery employee will be in touch with you throughout this process. For additional information, please review the Shipping and Returns Policy by clicking here.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. We are currently registered to collect sales tax in California, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, New Mexico, Pennsylvania, South Carolina, Utah, Virginia, and Washington in the United States. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
Please note that if you are seeking a store credit in exchange for a product, Macklowe Gallery will hold you subject to any jurisdictional tax differences, from taxes originally paid on your product.
- PAYMENT
We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification. Macklowe Gallery accepts PayPal and the following credit cards: Visa, MasterCard, and American Express. Macklowe Gallery also accepts wire transfers on a case-by-case basis, which can only be processed via phone with a Macklowe Gallery employee.
When ordering on the Platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Macklowe Gallery employee your credit/debit card number, expiration date, and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Macklowe Gallery will also request the name on the credit/debit card, as well as the address and zip code to which the card is being billed. Your telephone conversation might be recorded for security and quality control purposes. Any telephone conversation recorded by Macklowe Gallery that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Macklowe Gallery, you will need to contact your card issuer directly to solve this problem, and Macklowe Gallery will not be liable for any delay or non-delivery.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by Macklowe Gallery, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase Macklowe Gallery products on the Platform or through a Macklowe Gallery employee, you expressly authorize Macklowe Gallery to perform such security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.
We may accept bank wire transfer for orders, at our sole discretion, on a case-by-case basis. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or a Macklowe Gallery employee, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail (email@macklowegallery.com). If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.
Macklowe Gallery takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Macklowe Gallery uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policies.
- REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale. In the case of an order being placed by phone, the Macklowe Gallery employee may verbally ask you to confirm the details of your order.
- ACKNOWLEDGMENT OF ORDER
Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by email, acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Macklowe Gallery (how does the order reference number get generated? Is this directly in Shopify when they place an order?). Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgement of Order, Macklowe Gallery will conduct its usual credit, anti-fraud, security, and related legal checks, and, if acceptable, will then process your order.
These Conditions of Sale will not be provided to you with the Acknowledgement of Order through either email link or PDF. Please carefully review these Conditions of Sale prior to making any purchase through the Platform or via a Macklowe Gallery employee.
- CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Macklowe Gallery of its anti-fraud, security and related legal checks, Macklowe Gallery will send you by email a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Macklowe Gallery and indicates the existence of a binding sales contract.
- PROOF OF AGREEMENT
The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device.
The Confirmation of Order and any automatic recording systems used by the Macklowe Gallery or the Platform will be proof of a binding agreement between you and Macklowe Gallery.
- SHIPPING & RETURNS POLICY
We only accept orders for delivery to addresses that we are able to confirm. We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that Macklowe Gallery does not ship to certain addresses, such as military, restricted areas, pick-up points, PO boxes, APO/FPO addresses, or hotels. In order to review these further, please visit our Shipping & Returns Policy page, or contact us at email@macklowegallery.com.
When estimating package delivery time, please allow time for credit approval, address verification, and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.
When ordering on the Platform or through a Macklowe Gallery employee, you will receive an email notification with the tracking information related to the delivery of goods.
When ordering products on the Platform or from a Macklowe Gallery employee, you will receive an invoice that will be sent to your email address as a PDF attachment. You may also at any time later request an invoice by calling Macklowe Gallery at the contact information listed below. Please note that Macklowe Gallery may request that you provide proper identification as a condition to complying with such request.
Macklowe Gallery insures each jewelry purchase during the time it is in transit until it is delivered to you. For furniture and decorative arts purchases, a Macklowe Gallery employee will be in touch with you directly in order to assess shipping costs, as well as shipping insurance. We can offer shipping insurance for some furniture and decorative arts purchases for a fee, or the customer may provide their own, if preferred. We always require a signature by an adult to confirm your acceptance of each Macklowe Gallery acquisition delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Macklowe Gallery and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.
You have the right to cancel the contract created by our written order confirmation without giving any reason five (5) days from the day on which you acquire, or someone you nominate (other than the carrier) acquires, physical possession of the products in your order. If you are a customer based in the European Union or the European Economic Area and have made a purchase via the Sales Channels, this is considered to be your statutory right to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to withdraw before the withdrawal period has expired. In order to cancel the contract and return your product(s), you can contact us at email@macklowegallery.com and follow the instructions that will be given to you.
Gallery pick-up may be offered at our sole discretion on a case-by-case basis, free of charge, in New York City. Please contact us for more information.
All returns will be processed following our Shipping and Returns Policy. Please review them here prior to making a purchase. Any merchandise being returned will be subject to strict Quality Control (QC) by Macklowe Gallery to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Macklowe Gallery will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Macklowe will proceed with the applicable return or exchange, and, based on the date returned, will issue either a full refund or store credit. Returned items that have been altered or changed in any way from their original condition will not be accepted for return.
- REPAIRS
We do offer small repairs for any damages that may have occurred after the product is in your care. Depending on the piece and the amount of damage, if we are not able to assist fully in-house, Macklowe Gallery may be able to assist with connecting you to a third party to assist with repairs or general care. For more information, please contact us:
Macklowe Gallery
445 Park Avenue
New York, NY 10022
United States
+1 (212) 644-6400
- GIFTS
If you purchase a Macklowe Gallery acquisition as a gift for a Gift Recipient, you will receive an invoice to your email address as a .pdf attachment (Macklowe Gallery will never send the invoice and payment details to the Gift Recipient).
- PRODUCT DESCRIPTIONS
We try to ensure that the information, including product descriptions, dimensions, and colors, provided on the Platform, in advertisements, marketing materials, or catalogues, or as otherwise provided by a Macklowe Employee, is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions, and warranties in relation to the products and any orders placed through the Platform or a Macklowe Gallery employee, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
- GENERAL PROVISIONS
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable Macklowe Gallery terms and conditions of the sale.
- GOVERNING LAW; AGREEMENT TO ARBITRATION OF CLAIMS
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Macklowe Gallery through the Platform or a Macklowe Gallery employee, will be resolved by binding arbitration, rather than in court, except that a consumer or Macklowe Gallery may assert claims in small claims court if such claims qualify.
You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Macklowe Gallery understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and Macklowe Gallery agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Macklowe Gallery) or at consumer’s election, New York, New York, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Before bringing any dispute in arbitration, you and Macklowe Gallery agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
- CONTACT MACKLOWE GALLERY
If you have any further questions, concerns, or comments on this policy, please contact us using the below information for e-mailing, written correspondence, or calling the Gallery:
Macklowe Gallery
445 Park Avenue
New York, NY 10022
United States
+1 (212) 644-6400
