ROOTS & REINVENTIONS runs from DEC 13 to JAN 15 at Ardhi Gallery

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Ardhi Gallery

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Terms and Conditions

 

ARDHI GALLERY – TERMS & CONDITIONS

Last updated: January 2025
Welcome to Ardhi Gallery (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern your access and use of our website, services, exhibitions, marketplace, digital platforms, and any related interactions.

By accessing our website or services, you agree to be bound by these Terms.

If you do not agree, please discontinue use immediately.

1. DEFINITIONS

  • “Gallery” refers to Ardhi Gallery, its staff, directors, and affiliates.
     
  • “User” refers to any visitor, client, artist, collector, or viewer using our website or services.
     
  • “Platform” refers to ardhigallery.org, its online shop, marketplace, databases, or digital services.
     
  • “Artwork” includes paintings, sculptures, digital files, photographs, NFTs, jewellery, installations, or creative content submitted or shown by artists.
     

2. USE OF THE WEBSITE & PLATFORM

By using our website, you agree to:

  • Use the platform for lawful purposes only.
     
  • Not engage in attempts to hack, disrupt, or interfere with website functionality.
     
  • Not copy, scrape, or extract content for commercial use without written permission.
     

We may restrict or terminate your access at any time for breach of these Terms.

3. INTELLECTUAL PROPERTY (IP)

3.1 Gallery IP

All content on this platform—including text, logo, branding, layouts, graphics, images, designs, and event materials—is the exclusive property of Ardhi Gallery or its licensors.

You may not:

  • Reproduce
     
  • Sell
     
  • Distribute
     
  • Modify
     
  • Display publicly
     

any gallery-owned content without prior written consent.

3.2 Artist IP

Copyright for artworks remains with the artist unless a written assignment agreement is signed.

However, by submitting or displaying work with Ardhi Gallery, the artist grants us a worldwide, non-exclusive, royalty-free licence to:

  • Display the work physically and digitally
     
  • Use images for marketing, exhibition promotion, website listings, publications, catalogues, PR, media and social media
     

This licence is standard in the art industry and protects the Gallery from copyright disputes.

4. ARTIST SUBMISSIONS & REPRESENTATION

4.1 Submission Terms

Submitting work does not guarantee selection.
By submitting, artists confirm:

  • They own full rights to the work
     
  • The work does not infringe third-party IP
     
  • Information provided is accurate
     
  • Images submitted may be used for review, archiving, and promotional purposes
     

4.2 Representation

Where Ardhi Gallery represents an artist, the terms will be defined in a separate Artist Agreement. If no such agreement exists, the relationship remains non-exclusive.

5. SALES, PRICING & PAYMENTS

5.1 Pricing

All artwork and service prices are subject to change without notice.
We reserve the right to:

  • Correct pricing errors
     
  • Withdraw works
     
  • Change availability
     

5.2 Purchase of Artworks

When you purchase artwork:

  • A contract is formed once payment is confirmed
     
  • Ownership transfers only after full payment
     
  • Shipping costs, duties, and insurance are borne by the buyer unless specified otherwise
     

5.3 Refunds & Returns

Due to the nature of artwork, all sales are final unless the artwork arrives damaged or defective.

5.4 Commission Structure

Where applicable:

  • The Gallery retains a commission on artwork sales
     
  • Commission rates are communicated to artists in writing
     
  • The Gallery is not liable for payment delays caused by buyers or payment processors
     

6. ONLINE MARKETPLACE / E-COMMERCE

Ardhi Gallery provides a platform for artists and sellers.

We are not liable for:

  • Third-party listings
     
  • Seller errors or omissions
     
  • Accuracy of descriptions provided by artists
     
  • Delays in courier or logistics services
     

Users agree not to misrepresent artworks or engage in fraudulent activity.

7. EVENTS, WORKSHOPS & EXHIBITIONS

By attending our physical or virtual events, you acknowledge:

  • You may appear in photographs or video used for marketing
     
  • The Gallery is not responsible for lost or damaged personal property
     
  • Participation in workshops or activities is at your own risk
     

We reserve the right to refuse entry or remove participants exhibiting disruptive behaviour.

8. DATA PRIVACY & COOKIES

Use of personal information is governed by our Privacy Policy and Cookie Policy, which form part of these Terms.

By using our website, you consent to those policies.

9. LIABILITY LIMITATION

To the fullest extent permitted by law, Ardhi Gallery is not liable for:

  • Any direct, indirect, or consequential damages
     
  • Loss of profits or business opportunities
     
  • Loss or damage to personal property
     
  • Loss of artwork due to natural disasters, theft, or circumstances beyond our control
     
  • Errors or omissions on the website
     
  • Third-party service provider issues
     

If an artwork is consigned or stored with us, liability will be governed by a separate storage or consignment agreement.

10. ARTWORK HANDLING & STORAGE DISCLAIMERS

Where Ardhi Gallery stores artwork:

  • We take reasonable care but do not insure artworks unless expressly agreed
     
  • Artists must notify us of fragile or delicate works
     
  • Works left beyond the agreed period may incur storage charges
     
  • The Gallery may dispose of uncollected works after 90 days of no communication
     

This section protects the Gallery from storage disputes.

11. USER-GENERATED CONTENT

If you post comments, reviews, submissions, or uploads to the website, you grant Ardhi Gallery a perpetual, royalty-free licence to use, display, and moderate such content.

We reserve the right to remove content that is:

  • Offensive
     
  • Illegal
     
  • Misleading
     
  • Spam
     
  • Infringing on others' rights
     

12. WEBSITE AVAILABILITY

We do not guarantee:

  • Continuous website uptime
     
  • Error-free performance
     
  • Virus-free content
     

You are responsible for using anti-virus and secure browsing practices.

13. INDEMNITY

You agree to indemnify and hold harmless Ardhi Gallery, its directors, staff, and affiliates from any claims arising out of:

  • Your breach of these Terms
     
  • Your misuse of the website
     
  • Your infringement of intellectual property rights
     
  • Disputes regarding artworks you submit or sell through our platform
     

14. CHANGES TO TERMS

Ardhi Gallery may revise these Terms at any time. Updates will be posted on this page with a new “Last Updated” date.

Continued use of the website indicates acceptance of changes.

15. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of Kenya.

Any dispute shall be resolved through:

  1. Good-faith negotiation, failing which
     
  2. Mediation, and if unresolved
     
  3. Arbitration in Nairobi, in accordance with the Arbitration Act of Kenya (1995)
     

The decision of the arbitrator will be final and binding.

16. CONTACT INFORMATION

For questions or concerns regarding these Terms, contact:

Ardhi Gallery
Email: info@ardhigallery.org
Website: www.ardhigallery.org
Nairobi, Kenya

Return and Refund Policy

 

ARDHI GALLERY – RETURN & REFUND POLICY

Last updated: January 2025

At Ardhi Gallery, we work closely with artists and trusted suppliers to offer high-quality artworks and creative products. By purchasing from Ardhi Gallery, you agree to the terms outlined below.

1. ALL SALES ARE FINAL – STRICT NO REFUNDS POLICY

All purchases made through Ardhi Gallery (online or in-gallery) are final and non-refundable.

This applies to:

  • Original artworks
     
  • Prints and editions
     
  • Jewelry and gemstones
     
  • Sculptures and installations
     
  • Merchandise
     
  • Books and catalogues
     
  • Digital products
     
  • Any item sold directly by Ardhi Gallery
     

Once goods are bought, the Gallery will not issue refunds, will not accept returns, and will not exchange items for any reason other than receiving the wrong item (see section 3).

2. DAMAGED ITEMS – NO REFUNDS

If an item arrives damaged in transit, Ardhi Gallery will NOT provide refunds or replacements.

Buyers are responsible for:

  • Inspecting packaging upon delivery
     
  • Filing claims directly with the courier or shipping provider for compensation
     
  • Purchasing additional insurance if required
     

This clause protects the Gallery from liability for shipping or courier-related damage.

3. WRONG ITEM RECEIVED – RETURNS ALLOWED

If you receive the wrong item, the following will apply:

You must notify the Gallery within 48 hours of delivery, with:

  • Clear photos of the item
     
  • Clear photos of the packaging
     
  • Order number and proof of purchase
     

If confirmed by the Gallery:

  • You will be instructed to ship the item back in its original condition and packaging
     
  • Once received and inspected, a refund will be processed to the original payment method
     
  • Return shipping may be covered at the Gallery’s discretion
     

No refund will be issued until the incorrect item is returned and verified.

4. MARKETPLACE / 3RD-PARTY SUPPLIER PURCHASES

For items purchased from third-party sellers on the Ardhi Marketplace:

  • Ardhi Gallery is not the seller
     
  • Ardhi Gallery is not responsible for the item’s quality, condition, accuracy, or representation
     
  • Ardhi Gallery is not liable for shipping issues or damages
     
  • Ardhi Gallery will not handle refunds or returns
     

All issues must be handled directly with the 3rd-party supplier under their own return/refund rules.

This protects the Gallery from disputes involving independent vendors.

5. CONDITION OF RETURN (WRONG ITEM ONLY)

If returning a wrong item:

  • It must be unused, undamaged, and untampered with
     
  • It must include all original packaging, certificates, and accessories
     
  • Returns that do not meet these requirements may be rejected
     

6. REFUND PROCESS (WRONG ITEM ONLY)

If your return is approved:

  • Refunds are processed within 7–14 business days
     
  • Refunds are issued only to the original payment method
     
  • Shipping fees and bank charges are non-refundable, unless the Gallery decides otherwise
     

7. NON-RETURNABLE ITEMS

Under all circumstances, the following cannot be returned or refunded:

  • Damaged items
     
  • Custom or commissioned works
     
  • Digital products
     
  • Items altered after delivery
     
  • Marketplace items sold by 3rd-party vendors
     

8. LIMITATION OF LIABILITY

Ardhi Gallery is not liable for:

  • Courier damage
     
  • Delayed delivery
     
  • Loss during transit
     
  • Incorrect customer address
     
  • Customs duties or import issues
     
  • Marketplace/3rd-party product issues
     

9. CONTACT INFORMATION

For issues regarding wrong item received only, contact:

Ardhi Gallery
Email: info@ardhigallery.org
Website: www.ardhigallery.org
Nairobi, Kenya

DISCLAIMER- HIGH VALUE ITEMS

 

ARDHI GALLERY – DISCLAIMER FOR HIGH-VALUE ITEMS

Last updated: January 2025

High-value items sold through Ardhi Gallery—including but not limited to jewellery, gemstones, rare artworks, precious metals, collector pieces, and limited editions—are subject to the following terms. By purchasing or handling these items, you agree to this disclaimer.

1. NO LIABILITY FOR VALUE OR MARKET FLUCTUATION

Ardhi Gallery does not guarantee:

  • Future value
     
  • Investment return
     
  • Market appreciation
     
  • Resale performance
     

The buyer acknowledges that the value of high-value items may fluctuate due to market conditions beyond the Gallery’s control.

2. NO WARRANTY OF AUTHENTICITY UNLESS EXPLICITLY PROVIDED

Unless a written certificate of authenticity or valuation is issued directly by the Gallery or a recognized expert:

  • We do not warrant the origin, age, classification, or authenticity of gemstones, metals, or artworks
     
  • Buyers must conduct their own due diligence before purchasing
     

Where certificates are issued by independent experts or suppliers, the Gallery is not liable for their accuracy.

3. CONDITION & IMPERFECTIONS

All high-value items are sold as described.
Artworks, gemstones, and handcrafted items may naturally contain:

  • Inclusions
     
  • Texture variations
     
  • Minor imperfections
     
  • Colour irregularities
     

These are not considered defects, and no refunds will be issued on this basis.

4. SHIPPING, LOSS, AND DAMAGE DISCLAIMER

Ardhi Gallery is not responsible for:

  • Damage occurring during shipping or delivery
     
  • Theft or loss in transit
     
  • Courier delays or mishandling
     
  • Items not collected in time from pickup points
     
  • Customs issues for international shipments
     

Buyers are strongly advised to:

  • Purchase additional insurance
     
  • Track parcels
     
  • Inspect items immediately upon arrival
     

Once an item leaves the Gallery, liability transfers fully to the buyer and/or the courier.

5. INSPECTION BEFORE PURCHASE

Buyers are encouraged to:

  • Inspect items physically at the Gallery
     
  • Request additional photos or documentation (if remote)
     
  • Ask questions prior to purchase
     

Failure to inspect will not be grounds for dispute or refund.

6. NO RETURNS OR REFUNDS

All high-value items are sold under our strict no-refund policy.
This includes items:

  • Damaged in transit
     
  • Incorrectly stored or handled by the buyer
     
  • Exposed to heat, sunlight, moisture, chemicals, or impact
     
  • Purchased as-is from the Gallery or the Marketplace
     

(Exceptions apply only if the wrong item is delivered—see main Return/Refund Policy.)

7. THIRD-PARTY MARKETPLACE ITEMS

For high-value items sold by 3rd-party suppliers on the Ardhi Marketplace:

  • Ardhi Gallery is not the owner, verifier, or authenticating entity
     
  • Ardhi Gallery is not liable for misrepresentation, authenticity claims, or defects
     
  • All disputes must be addressed directly with the supplier
     

The Gallery provides the platform only and does not guarantee the accuracy of listings.

8. INSTALLATION, HANDLING & STORAGE

Ardhi Gallery is not liable for:

  • Damage caused by improper installation (e.g., hanging heavy artworks)
     
  • Dropping, scratching, or mishandling items after purchase
     
  • Environmental damage (humidity, heat, sunlight, dust)
     
  • Lack of professional care for fragile or valuable pieces
     

Buyers are responsible for ensuring safe handling and storage.

9. PROFESSIONAL ADVICE DISCLAIMER

Any guidance we provide on:

  • Valuation
     
  • Care and handling
     
  • Investment potential
     
  • Display or installation
     
  • Material properties
     

… is offered informally and does not constitute professional advice.

Buyers should seek independent verification from certified experts.

10. ACCEPTANCE OF TERMS

By purchasing or handling high-value items from Ardhi Gallery, the buyer acknowledges and agrees that:

  • They have read this disclaimer
     
  • The Gallery bears no further liability beyond the purchase transaction
     
  • All risks associated with value, authenticity, shipping, and handling rest with the buyer

Terms for insurance, storage, and viewings

 

ARDHI GALLERY – TERMS FOR INSURANCE, STORAGE & VIEWINGS

Last Updated: January 2024

These terms apply to all artworks, jewelry, gemstones, collectibles, and high-value items brought into, handled by, or stored at Ardhi Gallery (“the Gallery”). By engaging the Gallery for storage, insurance consultations, or viewings, the client (“Owner”) agrees to the following terms.

1. INSURANCE TERMS

1.1 Gallery Does Not Provide Automatic Insurance

Ardhi Gallery does not automatically insure any item brought to, displayed at, or stored within the Gallery premises.

1.2 Client Responsible for Insurance

The Owner is solely responsible for obtaining insurance coverage for:

  • Damage
     
  • Loss
     
  • Theft
     
  • Fire
     
  • Flood
     
  • Handling or transit issues
     

The Gallery will not be held liable for uninsured items.

1.3 Proof of Insurance

The Gallery may request proof of insurance before:

  • Accepting items for storage
     
  • Displaying items in exhibitions
     
  • Allowing high-value private viewings
     

Failure to provide proof may result in refusal of service.

1.4 No Liability for Market Value Fluctuation

The Gallery is not responsible for:

  • Valuation changes
     
  • Depreciation
     
  • Investment loss
     

Market risk lies fully with the Owner.

2. STORAGE TERMS

2.1 Storage at Owner’s Risk

All items stored at the Gallery are stored entirely at the Owner’s risk.

The Gallery is not liable for:

  • Theft
     
  • Fire
     
  • Water damage
     
  • Accidental damage
     
  • Pest-related damage
     
  • Environmental conditions (humidity, heat, light)
     
  • Natural disasters
     
  • Structural failure or unforeseen events
     

2.2 Storage Fees

Storage fees (if applicable) must be paid in advance.
Unpaid fees may result in:

  • Refusal to continue storage
     
  • Withholding the item until payment is made
     
  • Disposal after 90 days of non-communication (see 2.6)
     

2.3 Storage Conditions

The Gallery provides safe handling within reasonable standards, but:

  • We do not guarantee climate-controlled conditions
     
  • We do not provide specialised vault-level storage
     
  • Fragile or moisture-sensitive items must be disclosed prior to storage
     

2.4 Access to Stored Items

Access to stored items is by appointment only.
The Gallery requires at least 48 hours’ notice for retrieval or viewing.

2.5 Handling of Stored Items

Handling is done at the Owner’s risk.
The Gallery may refuse to handle items deemed:

  • Too fragile
     
  • Too large
     
  • Too risky
     
  • In poor structural condition
     

2.6 Abandoned Items

Items left without communication or payment for 90 days are considered abandoned.
The Gallery may:

  • Dispose of the item
     
  • Sell the item to recover costs
     
  • Transfer the item to a third-party storage company at the Owner’s expense
     

3. VIEWING TERMS

3.1 Viewing by Appointment Only

All high-value items may only be viewed through:

  • Scheduled appointments
     
  • Private viewings arranged in advance
     
  • Supervised sessions within the Gallery premises
     

Walk-ins for high-value items are not guaranteed.

3.2 Security Measures

During viewings:

  • The Gallery may employ CCTV monitoring
     
  • Items may be handled only by Gallery staff unless expressly permitted
     
  • The Owner or visitor may be required to show ID
     
  • Bags or bulky belongings may need to be stored securely during viewings
     

3.3 Handling During Viewings

Clients or visitors must not touch or handle high-value items unless:

  • Permission is granted
     
  • Gloves or protective equipment are provided
     
  • Handling is supervised by Gallery staff
     

The Gallery is not liable for damage caused by visitors.

3.4 Damages Caused During Viewings

If a visitor or client causes damage, they will be:

  • Fully responsible for repair or restoration costs
     
  • Liable for the full value of the item if restored condition is not possible
     
  • Required to indemnify the Gallery against claims from the artist or owner
     

3.5 Photography Restrictions

Photography or videography of high-value items may be restricted unless authorised.

3.6 Viewing of Consigned or 3rd-Party Items

For items consigned or provided by third-party sellers:

  • The Gallery is not responsible for their authenticity or valuation
     
  • Viewings do not constitute expert opinions or verification
     
  • The Gallery only facilitates access and does not guarantee accuracy
     

4. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Ardhi Gallery is not liable for:

  • Damage, loss, or deterioration of stored items
     
  • Theft, burglary, or break-ins
     
  • Damage during handling, installation, or movement
     
  • Environmental conditions or natural events
     
  • Courier or transit damage
     
  • Market value loss
     

Clients store and view items at their own risk.

5. INDEMNITY

The Owner agrees to indemnify and hold harmless Ardhi Gallery, its directors, staff, and affiliates from any claims, losses, damages, or liabilities arising from:

  • Storage
     
  • Viewings
     
  • Handling
     
  • Movement
     
  • Misrepresentation of the item by the Owner
     

6. GOVERNING LAW

These terms are governed by the laws of Kenya.

Any disputes shall follow:

  1. Negotiation
     
  2. Mediation
     
  3. Arbitration in Nairobi under the Arbitration Act (1995)
     

7. CONTACT INFORMATION

For all storage, insurance, or viewing-related matters:

Ardhi Gallery
Email: info@ardhigallery.org
Website: www.ardhigallery.org
Nairobi, Kenya


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Roots & Reinventions

Exhibition | Dec 13 - Jan 15

By Marvin Abwayo

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