KHAMSA CONSUMER TERMS OF USE
Thanks for visiting our website, www.khamsart.com (the “Site”). This Site is operated by White Turban Art Consultancy L.L.C-FZ, a company incorporated in Dubai, U.A.E with company number 2305785.01, having its registered office at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E. (“Khamsa” “we,” “us,”) Through the Site we provide a marketplace that enables you to purchase artwork (“Products“) sourced exclusively by us from the artist, collectors, galleries and individuals. KHAMSA Art is not the owner of the art work, but we act as an agent and source different art works, mediums from around the globe and allow you to purchase on the terms set out here. This page (together with the documents expressly referred to on it) provides information about us and the legal terms and conditions (“Terms”) on which Products listed on our website are sold to “You, Consumer” by us. These Terms govern your use of the Site and will apply to any product or services sold by us.
Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. We reserve the right to make changes to the Site and to these Terms from time to time. we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. KHAMSA Art provides you with an access to and use of the Site subject to your compliance with the Terms. These Terms were most recently updated on 04th August 2020. These Terms are only in the English language.
Products
The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours will accurately reflect the colour of the Products.
Personal Information
We only use your personal information in accordance with our “Privacy Policy” which is detailed on our website. Please take the time to read through our “Privacy Policy”, as it includes important terms which apply to you.
Order Processing
Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
All Products shown on our Site are subject to availability. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in term “Notification of Orders”. You shall receive a dispatch confirmation from us once your Product has been dispatched for delivery (“Dispatch Confirmation“).
If we are unable to supply you with a Product, for example because that Product is not in stock, or no longer available, or because of an error in the price on our Site, we will inform you of this by e-mail and we will refund full amount without any deductions. Furthermore, we will not process your order, any authorized payment will be removed and your bank details will not be retained.
Right to Vary Terms (KHAMSA Art)
We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.
Right to cancel order (Consumer)
You may cancel your order within (24) hours from the date you receive the Order Confirmation, with a cancelation charges of 1.5% as an administration charges, please refer to cancellations and returns policy for additional information.
If you wish to return the Product because it is damaged or mis-described, we will refund the price of the Product in full, and any applicable delivery charges. We strongly suggest all our consumers to buy an insurance. Any claims must be notified within 48 hours of receiving. As a consumer, you will always have legal rights in relation to Products that are damaged or not as described. These legal rights are not affected by our “cancellations and returns policy”. KHAMSA Art will not be responsible for any notifications made after 48 hours of receiving.
Delivery
The cost of delivery shall be as notified to you before you place your order. Your order should be dispatched and delivered to you within 45 days, subject to availability, shipment transit route, packaging etc. If the supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to inform you the steps we have taken to minimise the effect of the delay (such as customs, legal requirements, any other unforeseen circumstances. Delivery will be completed when the Products are delivered to the address you gave us. The Products will be your responsibility from the completion of delivery.
In order to provide efficient delivery, please provide all necessary information required, for example, your full name, address, email address and contact telephone number. If so, this will have been notified to you before you place your order. We will contact you to ask for this information before delivery. If you give us incomplete or incorrect information, we will not be responsible for any delay in shipment.
In some places, consumer have to pay additional custom duty, which should be charged to you directly by the shipment company, we are not liable to pay any custom duty or other fees at point of arrival.
Insurance
We believe in complete transparency and ease of doing business, therefore all our international shipments to our valuable clients are insured, although some restrictions and limitations may apply. These will depend on the destination of the shipment.
DHL, our international Shipment Insurance meets the general requirements for loss and damage to goods in transit. Protection is effective from the time DHL Express has control or possession of the shipment until the time of delivery. It provides coverage and compensation in the case of loss. In the event of full or partial loss to a DHL Express document shipment, fixed compensation will be paid regardless of the replacement cost of the document.
Upon customer’s request, DHL will obtain signature from the receiver or a representative at the delivery address. In case no one is at the delivery address, DHL will reattempt delivery. Shipments in this service cannot be re- routed, dropped in a post box or left with the neighbor. The receiver is authorized to arrange an alternative delivery time at the same delivery address or to collect the shipment from a DHL owned service point.
Payment Options
We, understand that quickest and easiest way to make payment is via credit card, but we are afraid that maximum limit for each purchase is set at 1,200.00 USD by 3rd party payment processing company. Any purchase beyond that amount should be paid via online bank transfers, please note, all transaction fees will be paid by the consumer.
Unforeseen event or situation
We will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under the agreement that is caused by an unforeseen event of situation beyond our control as defined below;
Unforeseen event or situation means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any unforeseen event or situation takes place that affects the performance of the obligations, you will be contacted as soon as reasonably possible and a new delivery date will be arranged once the situation is better.
