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Shōki Gallery

Terms and Conditions

Last Updated: April 2026 Version: 3.0 - New York Compliant Edition Governing Law: State of New York

Overview

This website is operated by Shōki Gallery (“Gallery,” “we,” “us,” “our,” or “Company”). Throughout this site, the terms “we,” “us,” and “our” refer to Shōki Gallery. Shōki Gallery offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent and warrant that:

  1. Age of Majority: You are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  2. Lawful Use: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, cultural
  • property laws, and export control regulations).
  1. No Malicious Code: You must not transmit any worms, viruses, or any code of a
  • destructive nature.
  1. Conduct Standards: You will not engage in any conduct that restricts or inhibits
  • anyone’s use or enjoyment of the Service, or which, as determined by us in our sole discretion, may harm Shōki Gallery or users of the Service or expose them to
  • liability.
  1. Breach Consequences: A breach or violation of any of the Terms will result in an
  • immediate termination of your Services and may result in legal action.
  1. Cultural Property Compliance: You acknowledge that the artwork offered through this Service may be subject to cultural property laws, export regulations,
  • and international treaties. You agree to comply with all applicable laws regarding
  • the purchase, possession, and export of cultural property. Shōki Gallery makes no representation that any artwork is eligible for import or export under the laws
  • of any jurisdiction. You assume all responsibility for compliance with applicable import/export laws.
  1. No Fiduciary Relationship: No fiduciary, advisory, or agency relationship is created between you and Shōki Gallery by virtue of these Terms or your use of the Service.

Section 2 — General Conditions

2.1 Right to Refuse Service

We reserve the right to refuse service to anyone for any lawful reason, consistent with applicable anti-discrimination laws, including but not limited to suspected fraud, violation of these Terms, or violation of applicable law. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse orders placed for the purpose of resale or commercial exploitation.

2.2 Data Transmission

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and processed in compliance with PCI DSS standards.

2.3 Intellectual Property Protection

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. This includes but is not limited to:

  • Downloading and republishing artwork images
  • Creating derivative works based on Gallery content
  • Using Gallery content for commercial purposes
  • Scraping or automated collection of data
  • Using our website or content for competitive purposes

2.4 Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2.5 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Shōki Gallery regarding your use of the Website. This agreement supersedes all prior negotiations, representations, and agreements, whether written or oral.

2.6 Electronic Contract Formation

Your electronic acceptance of these Terms and conditions through clicking “I Agree” or by proceeding with a purchase constitutes a legally binding agreement with the same force and effect as a written contract signed in ink.

Section 3 — Accuracy, Completeness, and Timeliness of Information

3.1 No Responsibility for Inaccuracy

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

3.2 Historical Information

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3.3 No Obligation to Update

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 4 — Modifications to the Service and Prices

4.1 Price Changes

Prices for our products are subject to change without notice. We reserve the right to limit quantities and correct pricing errors. All prices are displayed in United States Dollars (USD).

4.2 Service Modifications

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

4.3 No Liability for Modifications

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

4.4 Availability

All artworks are offered on a first-come, first-served basis. While we strive to maintain accurate inventory information, occasional discrepancies may occur. If an artwork becomes unavailable after you have placed an order, we will notify you immediately and offer alternative options or a full refund.

Section 5 — Products and Artwork

5.1 Limited Quantities

Certain products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

5.2 Color and Image Accuracy

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate. Variations in lighting, monitor settings, and digital photography may result in differences between displayed images and actual artwork appearance. We encourage customers to request high- resolution images or additional photographs before purchase.

5.3 Geographic and Quantity Restrictions

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.4 Dealer and Reseller Restrictions

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We reserve the right to refuse orders placed for the purpose of resale or commercial exploitation.

5.5 Condition Reports

Condition reports are provided for select artworks and are based on visual inspection at the time of listing. These reports describe visible condition but do not constitute a warranty. Buyers are encouraged to request comprehensive condition assessments before purchase. Condition may change due to environmental factors, handling, or storage.

Section 6 — Accuracy of Billing and Account Information

6.1 Order Acceptance

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

6.2 Notification of Changes

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

6.3 Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service, as well as any additional terms of service we may release for these specific features or services.

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Shōki Gallery does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the legal statements and other conditions of use of any third- party website before transacting business or using resources from that website.

Section 9 — User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ʻcomments’), you agree that we may, at any time, without restriction or compensation, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. For our privacy practices, please review our Privacy Policy.

We comply with applicable data protection laws, including the New York SHIELD Act and any other applicable state or federal privacy laws.

Section 11 — Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content:

(a) For any unlawful purpose or in violation of any laws in your jurisdiction (including but not limited to copyright and trademark laws); (b) To solicit others to perform or participate in any unlawful acts; © To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) To submit false or misleading information; (g) To upload or transmit viruses or any other malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) To collect or track personal information of others; (i) To spam, phish, pharm, pretext, spider, crawl, or scrape; ( j) For any obscene or immoral purpose; or (k) To interfere with or circumvent the security or functionality of the Service or any related website.

Section 12 — Disclaimer of Warranties; Limitation of Liability

12.1 Warranty Disclaimer

EXCEPT FOR THE LIMITED AUTHENTICITY REPRESENTATION EXPRESSLY STATED IN SECTION 13 BELOW, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY NEW YORK LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the service will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (5) any errors in the Service will be corrected.

12.2 Limitation of Liability

IN NO EVENT SHALL SHOKI GALLERY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the website or service is to stop using the website or service. The liability limitation set forth herein is a fundamental element of the basis of the bargain between Shōki Gallery and you.

NOTHING IN THIS SECTION SHALL LIMIT LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY NEW YORK LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

12.3 Risk Allocation

The pricing of artworks reflects this allocation of risk and limitation of liability.

Section 13 — Authenticity Representation and Disclaimer

13.1 Authentication Statement

All statements regarding authorship, attribution, origin, date, age, provenance, and condition are statements of opinion only, and not representations or warranties. No warranty is made that any artwork will be recognized as authentic by any third party or authority, including auction houses, museums, or other experts.

13.2 Expert Opinion Basis

Our authentication assessments are based on visual inspection and available documentation at the time of listing. Authentication represents our good-faith expert opinion only and is subject to change based on new information, scholarly research, or technical analysis.

13.3 Authentication Dispute Procedure

If you believe an artwork is not authentic, you must notify us in writing within 30 days of receipt with supporting documentation. We will review your claim in good faith. If we cannot reach agreement, either party may request an independent assessment by a mutually agreed-upon expert at the requesting party’s expense. The independent expert’s determination shall be binding on both parties.

13.4 No Warranty of Third-Party Recognition

Shōki Gallery makes no representation regarding whether any artwork will be accepted, authenticated, or recognized by any museum, institution, auction house, or other third party.

Section 14 — Indemnification

You agree to indemnify, defend, and hold harmless Shōki Gallery and its officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

(a) Your use of the website or service; (b) Your violation of these Terms of Service; © Your violation of any applicable law or regulation; (d) Your infringement of any intellectual property right of any third party; (e) Your violation of any third-party right, including without limitation any right of privacy or publicity; or (f) Any claim that your content caused damage to a third party.

Section 15 — Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, which shall remain in full force and effect. To the extent any provision is found unenforceable, it shall be reformed to the maximum extent permitted by law to achieve the parties’ original intent.

Section 16 — Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 — Entire Agreement

These Terms of Service and any other legal notices and agreements published by us on this site shall constitute the entire agreement between you and Shōki Gallery with respect to the subject matter hereof, and shall supersede all prior negotiations, representations, or agreements, whether written or oral, between the parties with respect to such subject matter.

Section 18 — Governing Law and Jurisdiction

18.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

18.2 Exclusive Jurisdiction

Any permitted court action shall be brought exclusively in the state or federal courts located in New York County, New York. You consent to the exclusive jurisdiction and venue of these courts and waive any objection based on inconvenient forum.

Section 19 — Dispute Resolution

19.1 Amicable Resolution

Users may bring any disputes to Shōki Gallery, who will try to resolve them amicably.

While your right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Shōki Gallery or the Service, you are kindly asked to contact us at the contact details provided in this document.

19.2 Complaint Submission

You may submit a complaint including a brief description and, if applicable, the details of the related order, purchase, or account, to our email address at shoukigallery@gmail.com.

19.3 Complaint Processing

We will process your complaint without undue delay and within 7 days of receiving it.

We will make reasonable efforts to reach an amicable resolution of any dispute.

Section 20 — Shipping and Delivery

20.1 Shipping Information

Information regarding shipping methods, costs, and delivery timeframes are provided to you during the purchasing process. Please review all shipping information carefully before completing your purchase.

20.2 Risk of Loss

All sales are made FOB (Free on Board) shipping point. Title and risk of loss pass to the buyer upon delivery of the artwork to the carrier. We are not responsible for loss or damage occurring after the artwork is delivered to the carrier.

20.3 International Shipping

International buyers are responsible for all customs duties, import taxes, and other governmental charges. We are not responsible for delays or issues related to customs clearance.

Section 21 — Returns and Refunds

21.1 Return Window

Buyers may return artwork within 14 days of receipt for a full refund, provided the artwork is in the same condition as received and all original packaging is intact.

21.2 Return Eligibility

The following items are NOT eligible for return:

  • Items marked as “Final Sale”
  • Artwork damaged due to buyer negligence or mishandling
  • Artwork that has been altered or modified
  • Artwork returned after the 14-day window

21.3 Return Process

To initiate a return, contact us with your order number and reason for return. We will provide return shipping instructions. Artwork must be returned in original packaging. Return shipping costs are the buyer’s responsibility unless the return is due to our error or defective condition.

21.4 Refund Processing

Refunds are processed within 14 business days of receipt and inspection of returned artwork. Refunds are issued to the original payment method.

21.5 Pre-Purchase Disclosure

All return restrictions and final sale designations are clearly disclosed prior to purchase and are incorporated into the contract of sale.

Section 22 — Payment

22.1 Payment Methods

Information related to accepted payment methods are made available during the purchasing process. All transactions are processed securely.

22.2 Payment Authorization

By submitting payment information, you authorize us to charge your payment method for the purchase amount plus applicable taxes and shipping.

22.3 Chargeback Policy

If you initiate a chargeback with your credit card company or bank without first attempting to resolve the matter with us, we may:

(a) Suspend your account; (b) Refuse future orders; © Pursue legal action to recover the chargeback amount plus associated fees and costs.

We encourage customers to contact us first to resolve any payment disputes before initiating a chargeback. We are committed to resolving legitimate disputes promptly and fairly.

22.4 Dispute Window

All payment disputes must be reported to us within 30 days of the transaction date. Disputes reported after this period may not be eligible for resolution.

Section 23 — Cultural Property and Export Compliance

23.1 Buyer Responsibility

You acknowledge that artwork purchased through Shōki Gallery may be subject to cultural property laws, export regulations, import restrictions, and international treaties. You assume full responsibility for compliance with all applicable laws regarding the purchase, possession, transport, and export of cultural property in your jurisdiction and all jurisdictions through which the artwork will pass.

23.2 No Representation of Eligibility

Shōki Gallery makes no representation that any artwork is eligible for import or export under the laws of any jurisdiction. Buyers are solely responsible for obtaining any required permits, licenses, or approvals.

23.3 Restricted Items

Certain artworks may be restricted or prohibited from export or import under applicable law. We will disclose known restrictions at the time of listing, but you are responsible for verifying all applicable restrictions before purchase.

23.4 Buyer Indemnification

You agree to indemnify and hold harmless Shōki Gallery from any claims, fines, penalties, or legal action arising from your violation of cultural property laws or export regulations.

Section 24 — Limitation on Time to File Claims

You agree that any claim or cause of action arising out of or related to use of the website or these Terms must be filed within one (1) year after such claim or cause of action arises, or it shall be forever waived and barred.

Section 25 — Modifications to Terms

We may revise these Terms of Service for our website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Service.

Section 26 — Contact Information

For questions about these Terms of Service, please contact us at:

Shōki Gallery Email: shoukigallery@gmail.com

Acknowledgment

BY USING THIS WEBSITE AND PURCHASING ARTWORK FROM SHOKI GALLERY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY ALL THEIR TERMS AND CONDITIONS.

This document is provided for informational purposes. While we have endeavored to make it comprehensive and legally sound under New York law, we strongly recommend that you have a qualified attorney licensed in New York review this document before publication to ensure it complies with all applicable laws and your specific business requirements.