Gallery

Terms of Usage

TERMS OF USAGE

 

OVERVIEW

“We”, “us”, “our”, “SG” and “The Gallery” means Serengeti Gallery. “You”, “your”, and “customer” means the person entering into this agreement.  Pay Over Time may be referred to as “POT”.

Use of this site signifies your agreement to the terms of use.  This document, or future versions of it, is your general contract with us. SG reserves the right to update this document at any time.  We will refer to this document as your “Agreement”. 

GENERAL TERMS

© 2017 Serengeti Gallery all rights reserved.

No image or text on our website or in the Gallery may be used in any fashion without written authorization to do so from the Gallery Director or team member appropriated thereby.  In the event that copy, images, any other media, physical or intellectual property has been misused, the Gallery reserves the right to a cease and desist and may seek financial compensation from the violating party on the behalf of the affected parties.

SG makes every effort to credit all persons and artworks it features.  To offer credit information, contact the Gallery.  After information is verified, the credit will be added to the item in question.  No damages or compensation is owed or offered by the Gallery for an omitted credit.  If you want to gain access to any of our physical or intellectual property, just ask.  If approved, you will receive written consent to do so.

SPECIAL PROJECTS & PROMOTIONS

Any service agreement requiring compensation from Serengeti Gallery must be made in writing and retain the valid signature of the Gallery Director or a team member authorized thereby. 

Serengeti Gallery will charged no surcharges, post-pay or additional fee, interest or appreciation outside of any originally agreed-upon amounts for previous projects, for any reason.  The promotion of any testimonial, image, individual, brand, product, or piece of physical or intellectual property on the part of Serengeti Gallery is done at its sole discretion.

Anyone whose person or property is depicted in an image to which SG holds the copyrights may use said image freely for personal purposes without expressed consent from the Gallery. 

PRIVACY

The Gallery will never sell or lend the private data or information of its users or customers. 

STORE CREDITS

Store credits cannot be combined with promotions or offers, and must be applied to the outright purchase of framed, wall-ready artwork.  Credits may not be applied to POT agreements, account balances, payments for custom orders, event tickets, services or any transaction which cannot be fully satisfied on-the-spot. 

Modifications to Layaway Orders

Changes to a POT agreement must be requested in writing. Modifications include (not limited to), adding and removing items.  Change requests are approved at the discretion of SG.  When changes are made, a new POT agreement is created, and the previous agreement is cancelled and rendered unenforceable.

CUSTOM ITEMS

A Custom Item is any item that is altered or designed, according to specific instructions set forth by the customer.  We will begin work on your custom item once you have paid at least 50% of your balance. Before you have paid 50% of your balance, you have the opportunity to amend or cancel your custom order, and are entitled to a refund or store credit, based on the discretion of the Gallery Director or his team. After 50% of your outstanding balance has been paid, you lose the right to amend your order without incurring additional cost.  If you should wish to cancel your Custom Item order after you have paid 50% of the balance, you lose the right to receive any compensation, including, but not limited to, a refund, store credit, or exchange.

SATISFACTION GUARANTEED

If you are not 100% satisfied with your off-the-wall purchase, you may exchange it for a store credit, or an artwork of equal value, within 30-days of your initial transaction.  Any returned item must be in its original condition. 

If you are not satisfied with a custom order, a Gallery team member will help you complete a Repair Order.  If the order cannot be satisfactorily fulfilled within the timeframe noted on the repair order, you may request another attempt or different approach or request that your elements be disassembled and returned to you, accompanied by a refund or store credit. Your request will be reviewed and fulfilled at the discretion of the Gallery Director.

POT QUALIFYING WORKS

POT options are available for those customers wishing to purchase multiple, or high-value works of art over time.  POT offers an automated system to help you get the art you love at a price you can fit into your monthly budget.  Qualified Gallery items include pre-framed works of art, sculpture, carvings, and other fine works, based on the discretion of the Gallery Director, or his associates.  Custom items, event tickets, and Gallery services may not be combined with the POT offer.

POT CALCULATION

The duration and amount of each POT agreement is determined at the time of initial sale, based on the pre-tax total of the items purchased.  Divide that number by four to get the monthly payment amount. We reserve the right to amend or cancel the POT Agreement without notice or reason, at our sole discretion, at any time.

POT BILLING

Billing is monthly.  Automatic payments are processed at 30-day intervals, on the calendar day of your initial transaction. You may pay your full outstanding balance at any time, with no penalty.  Payments must be made in U.S dollars.  Pre-approved forms of payment for the POT option include credit card and check.  More payment options may be made available to you at the discretion of an SG team member. 

POT FORFEITURES

As a courtesy, SG offers a grace period for unfulfilled payments, and will attempt to contact you regarding an insufficient payment whenever possible.  If payment is not received in time, your POT agreement will be voided, and your purchase forfeited.  All items will be returned to inventory, and payments will not be refunded.  Qualified forfeitures will be replaced with a store credit in the amount of your deposits to date (less the five percent holding surcharge).  Store credit that is issued as a result of a forfeited layaway will expire thirty days after its date of issue.  Said store credit must be applied to the purchase of artwork. The credit may not be applied to custom orders or unframed artwork.

UNPAID BALANCES & ITEMS ON HOLD

You will receive a phone call when your custom order is complete.  Custom orders must be retrieved within 15-days of completion.  Your balance is to be paid no later than this time.  If you are unable to retrieve your work immediately, contact The Gallery to remotely settle your balance and request a hold. 

An SG team member may authorize an extended hold for up 30-days from the original completion date.  There is no penalty during this period.  You may arrange delivery by our team, or coordinate for your proxy to pick up the item(s) on your behalf. Items left unretrieved after 30 days may be charged a holding fee, not to exceed $100 per invoice, per annum, at the discretion of the Gallery Director, without notice. 

Unretrieved items with an outstanding balance may be disassembled or stored and charged a holding or storage fee, not to exceed $100 per work-order, per annum, at the discretion of the Gallery Director, without notice.  The Gallery bears no responsibility for the condition of items left in its possession or on its premises longer than 90 days.

ABANDONMENT

It may be auctioned, resold, disassembled or displayed by SG based on its discretion.

To be considered abandoned, an item must be under the care or possession of SG for no less than 90-days.  An item considered abandoned must be deemed so by the Gallery Director. When an item is flagged for abandonment, the client will be sent written notification.  The client will be granted no less than 90-days from the time of the first notice to settle the balance and retrieve their merchandise.  Once the preliminary notice is sent, no further storage fees may be charged by Serengeti Gallery.  If the items are not retrieved, SG will be named owner of the works and assume the rights of ownership.  If an item is abandoned, its previous owner or heir may not seek compensation exceeding the original invoice deposit.  This amount may be adjusted for inflation, but it may not be adjusted for appreciation or for any other reason without the valid consent of the current Gallery Director.

If you place a deposit on a work and pay the full balance, you will be issued a store credit in the amount of the initial deposit, less a five percent holding surcharge, valid for up to 90 days from its issue date.

SPECIAL TERMS

A special agreement may be authored and/or authorized by the Gallery Director and agreed upon by a client.  The Special Terms are in writing and bare the client’s full name and contact information.  Amendments or updates to the Special Terms agreement must be signed by its original signatories, as well as the current Gallery Director.  This Special Terms document should be numbered sequentially and filed with its earlier versions. 

SALES

Serengeti Gallery may purchase or consign artworks and materials for individual sale, bulk sale, display, promotion or repurposing of any nature.  Serengeti Gallery retains the right to refuse any sale or transaction, based on our sole discretion.

COMMISSIONS

Vendor accounts are reconciled on a bi-annual basis. In the event of a dispute, the vendor should present their record for comparison. Disputes that cannot be resolved thru a conversation between the vendor and the Gallery Director may be escalated to mediation where an adequate resolution must be reached.

 

TRAVEL TERMS

TRAVEL DETAILS

PACKAGE INCLUSIONS

Transportation

Host-Country Transportation (ground & air)

Vehicles

Small to medium-sized vehicle

4 x 4 wheel drive Land Cruisers (safari)

Local taxi

Guides

Local and international travel experts

Meet & greet service

Destination Africa dmc Ltd professional English speaking driver guide

Hotel check-in & check-out assistance

Guided walks and tours

Meals & Lodging

Half-board accommodation (1 – 2 daily meals) in Mombasa, Nairobi & Dar es Salaam

Full board accommodation (3 daily meals) while on safari and in Zanzibar (optional)

Extra meals as indicated in itinerary

Visits & Safari

Home visit with Tanzanian family

Safari thru Ngorongoro Crater area

Transfer, transport & game viewing drives

Park & conservation entry fees for the places indicated in itinerary

Game drives as indicated in itinerary

Health

Bottled mineral water in our vehicle (safari)

Fees

All government taxes and levies

PACKAGE EXCLUSIONS

Visa entry fee to Kenya & Tanzania

Drinks – (alcoholic & non-alcoholic)

Personal items such as laundry services, phone, internet service etc. 

Optional safari activities

Travel and medical insurance cover (recommended)

Tips & gratuities to porters, hotel staff, etc.

Any deviation from itinerary

Items not listed in inclusions (above)

Additional cost incurred due to change of program necessitated by unforeseen circumstances etc.

RESERVATIONS 

Prospective travelers are encouraged to book early to avoid sell-outs and late booking fees. Travel reservations are accepted in the order in which they are submitted.  Submission of a request does not necessarily guarantee space on the next tour—you will be updated as to the status of your reservation via the contact information provided on registration forms.  Submit registration and all subsequent forms and payments by the deadlines specified in travel package.  A valid credit card is required at the time of registration.  Scheduled payments may be made with any acceptable form of payment until the close of business on the deadline, or the agreed-upon amount will be charged to the card on file.  Groups should reserve early for convenient booking.

WAIT LIST 

If, at the time of your inquiry, the tour of your choice is unavailable, you have the option to be placed on a wait list (highly recommended).  When space is available, you will be informed via contact information provided.

INTERNATIONAL CURRENCY   

We highly recommend traveling with US dollars and converting to the local currency upon arrival.  While Visa cards are accepted at a plethora of international destinations, many places will not be set up to process credit transactions.  Travelers should bring spending money for leisure activities, shopping, and meals not included in the travel package.

VISAS & DOCUMENTATION 

It is the responsibility of each traveler to obtain and carry their valid passport, visa, and all other documents required by government regulations, and to make Serengeti Gallery aware if traveling on a passport from a country other than the USA.   Some (U.S.) citizens may require additional documentation. If you have a criminal record, and are unsure how the country you are traveling through will view the offense, contact that country directly to inquire about entry and exit requirements. Obtain all required immunizations and paperwork before traveling. We do  not assume responsibility for the accuracy of health requirements or vaccination or your admission into visiting country. Failure to comply with these requirements could result in being delayed or denied boarding on a flight.

SAFETY  

By offering for sale travel packages, SG does not warrant that travel to a given destination is advisable or without risk. As your trip approaches, be sure to keep aware of current news events, locally and internationally by checking travel restrictions, warnings and advisories issued by the government.

ACTS OF GOD  

If affected by an Act of God, Serengeti Gallery shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. In the event of a cancellation or variation, Serengeti Gallery shall use all reasonable efforts to reimburse the would-be traveler, less any reasonable actual and potential costs of the Act of God.  

PAYMENTS & CANCELLATIONS  

Upon registration, the traveler is responsible for the cost of booking, as well as payment of all amounts when due, as indicated in the travel package. Final payment is due by the close of business on each deadline specified in the schedule. If full payment is not received by the specified date, the travel reservation and deposit is subject to forfeiture, and any cancellation and third party fees will be charged to the registrant’s account. Cancellation requests must be sent to Serengeti Gallery in writing (email will suffice). There is no refund for unused accommodations and services.

PHOTO & VIDEO  

Serengeti Gallery reserves the right to use photographs and videos taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. Media may be included in material produced, used or contracted by Serengeti Gallery.

Serengeti Gallery reserves the right, in its sole discretion, to change these Terms at any time.  An updated version of the terms may be requested.

RESPONSIBILITY STATEMENT AND LIABILITY DISCLAIMER

Read Carefully

By registering for any travel experience coordinated by Serengeti Gallery, the participant agrees to the Responsibility Statement and Liability Disclaimer and the Terms and Conditions here below.

Serengeti Gallery’s travel is coordinated by experienced travelers and professional tour operators hired as independent contractors. The tour operator acts as an agent for the respective suppliers by making arrangements for transportation, accommodations, and other services. Neither Serengeti Gallery nor the tour operator or guide shall be held liable for personal injury, death, property damage or accident, delay or irregularity arising out of any act or omission of these suppliers. Serengeti Gallery reserves the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant, or if they deem it necessary for the comfort, convenience, or safety of tour participants.

Serengeti Gallery reserves the right, without penalty, to withdraw the tour announced, to decline to accept any person as a participant in a tour, or to require any participant to withdraw from the tour at any time, when such action is determined by its staff to be in the best interests of the health, safety or general welfare of the tour group or the individual participant, subject only to the requirement that the recoverable portion of the total amount paid that corresponds to the cost of unused services and accommodations be refunded, if any.  Serengeti Gallery and the tour operator accept no liability for the purchase of non-refundable airline tickets to/from the tour departure city if a tour is canceled or otherwise modified subsequent to the participant’s purchase of those tickets. Baggage and personal effects are at all times the sole responsibility of the participant.

Dates, schedules, program details, and costs, although provided in good faith based on information available at the time of publication of the brochure or catalog, are subject to change and revision.

BY REGISTERING, EACH APPLICANT AGREES TO THE STATEMENT SET FORTH BELOW:

The undersigned has read carefully the Responsibility Statement and Liability Disclaimer set forth above, the schedule of activities for this tour, as well as the terms and conditions of application and participation as set forth, and recognizes and accepts any risk associated with the tour and the conditions, including the refund policy included in the travel details. The undersigned further acknowledges that there are many risks and uncertainties inherent in any travel tour, including but not limited to the hazards of various modes of transportation, forces of nature, acts or omissions of foreign governments, terrorism, war or insurrection, theft, illness, and damage to person or property due to the negligent acts or omissions of tour staff or others. In consideration of, and as part payment for, the right to participate in the tour, the undersigned, on behalf of himself, his dependents, heirs, executors, administrators and assigns, agrees to release Serengeti Gallery, its Regents, officers, employees, representatives or agents, the United States, and the tour operator and its officers, employees and agents, from liability for personal injury, death, property damage or loss suffered by any person in connection with this tour, even if caused by the negligence (but not the reckless, willful, or fraudulent conduct) of tour staff or other related persons or entities. In addition, by registering for this tour, the applicant certifies that he or she is mentally and physically capable of full participation in this tour.