PEACH
AUBREY DAVITZ
PRODUCT PURCHASE TERMS AND CONDITONS
1. Introduction
These terms and conditions (the "Terms and Conditions") apply to the sale of Peachism Art. The purchased tangible goods (the "Artwork") by Aubrey Davitz (the "Artist") by Peachism Art to you.
2. Title and Risk
As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.
3. Ownership of the Artwork Copyright
3.1 The Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. Specifically, you may not sell or offer for sale the Artwork on any internet-based auction or other website or art auction or any other sale transaction without providing compensation to the artist.
3.2 Copyright in the Artwork remains the property of the Artist.
3.3 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose.
3.4 If you breach any of your obligations under paragraph 3.3 you agree that:
(a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach;
(b) we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) we may, and the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or image from any such internet website.
4. Rights of Third Parties
No person other than you and the Serpentine Galleries have any rights under these Terms and Conditions other than in respect of paragraph 3 above which confers a benefit on the Artist and is intended to be enforceable by the Artist.