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General Terms and Conditions
1 Legal Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relationships between ArtXX AG (hereinafter referred to as “ArtXX”) and the Customer, in particular concluding a contract in respect of the goods displayed by ArtXX in her online shop www.wengcontemporary.com (hereinafter referred to as “Online Shop”).
1.2 Customer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity.
1.3 ArtXX reserves the right to change these terms and conditions at any time. The version of these GTC that is valid at the time of the order is authoritative and cannot be changed unilaterally for this order. Opposing or from these GTC deviating conditions of the customers are not recognized unless ArtXX expressly agrees to them in writing.
2 Conclusion of Contract
2.1 The product descriptions contained in the Online Shop of ArtXX do not represent binding offers on the part of ArtXX, but serve to submit a binding offer by the Customer.
2.2 An order made on ArtXX is identical to a binding offer to conclude a purchase contract. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer makes a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to ArtXX by telephone, e-mail, post, or online contact form.
2.3 The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from ArtXX to the e-mail address provided by the Customer. Receipt of the automatically generated order confirmation does not imply any promise that the product can actually be delivered. It only indicates to the Customer that the order has been received by the Online Shop and that the contract with ArtXX has been concluded under the condition of delivery and correct pricing.
2.4 The acceptance from ArtXX is subject to the availability of the ordered items. The Customer expressly agrees not to demand an explanation of acceptance from ArtXX. The Customer will be notified in case of prolonged / late delivery times, or non-availability of the ordered goods.
2.5 If a (partial) impossibility of delivery (resolutory condition) occurs after an order has been placed, the Customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the Customer is released from the obligation to pay. Further claims due to delay in delivery or failure of delivery are excluded.
3 Prices, payment, settlement and delays
3.1 All prices communicated by ArtXX in the Online Shop are net prices incl. VAT and are quoted in EUR and/or CHF, USD and BTC, unless otherwise expressly agreed.
3.2 ArtXX reserves the right to change the prices of the products and services offered at any time. Decisive for the conclusion of the purchase contract is the price in the Online Shop at the time of the order.
3.3 Packaging, handling and shipping costs and other transport/customs fees, are not included in the price quoted in the Online Shop and will be charged separately. Exceptions are related to offers with declared free shipping.
3.4 The following payment methods are available to the Customer:
- for works of art up to 10,000 USD: credit card, debit card payments, and bank transfer;
- for artworks with a value above 10,000 USD: bank transfer only.
3.5 The purchase price will be due no later than 5 days. This period begins with the receipt of the Confirmation.
3.6 If the Customer does not meet all or part of its payment obligations, all outstanding amounts owed by the Customer to ArtXX under any title become immediately due and payable, and ArtXX can immediately claim them and stop further deliveries of products to the Customer. Furthermore, ArtXX is entitled to claim interest at the rate of 5% per year. The right of ArtXX to seek compensation for a higher loss remains unaffected, as well as the Customer's right to claim lower fees.
3.7 If the Customer defaults on his payment, ArtXX is expressively entitled to withdraw from the Contract and recover the transferred goods according to article 214 para. 3 OR (Swiss Code of Obligations).
4 Retention of title
4.1 The artworks delivered by ArtXX remain the property of ArtXX, or respective artist, until all contractual obligations are executed. This includes claims of any kind from ArtXX towards the Customer, in relation to the delivered artworks, which arise retrospectively after the delivery of the artworks. This also applies if payments on specifically designated claims have been executed.
4.2 ArtXX is entitled to make a corresponding entry in the retention of the title register. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or transformation is not permitted without the express consent of ArtXX.
4.3 The ownership title can be passed to the Customer after a written consent from ArtXX has been granted, or the Customer undertook his commitment. If Third parties take hold of the artworks, particularly in the case of seizure, the Customer must immediately inform ArtXX in writing as well as immediately inform the third party about the ArtXX ownership title.
5 Warranty, inspection and notification
5.1 The Customer must immediately check delivered products for correctness, completeness, and delivery damage after receipt. If there are defects, these have to be reported with photograph illustrations to ArtXX within 5 days from the receipt. Failing this, the works are deemed as accepted by the Customer.
5.2 It is assumed to be known that all works of art, especially works on paper and photographs, depending on the conditions of the environment, can see their appearance and color change and fade. ArtXX gives no warranty for this immutable process of change.
5.3 In case of unfounded notifications of defects, ArtXX reserves the right to invoice the outcome cost to the Customer.
5.4 The warranty period is 2 years and begins at the time of the delivery or transfer of the goods. The warranty period continues to run regardless of the provision of any warranty services. ArtXX can alternatively replace the warranty by
- free repair (original warranty period continues to run for the entire product);
- partial and complete replacement by an equivalent product;
- credit memo at the current price (maximum the sales price at the time of the purchase order); or
- reduction.
All further and in particular the statutory provisions on warranty are excluded.
5.5 Failure from ArtXX to achieve an attempt to repair within a reasonable time, and also failing a further reasonable time limit set by the Customer, the Customer may reduce the payment entitlement or cancel the contract.
5.6 The warranty excludes defects caused by normal wear, inappropriate use, and lack of or improper maintenance or storage, as well as damages according to Clause 5.7 (see below).
5.7 Photographs, images, laminations, and frames should not be completely or partially exposed to direct sunlight, be hung directly above heaters, and be exposed to the level of humidity that exceeds the levels of normal living spaces. Photographs, lamination, and frames are therefore not suitable for outdoor spaces, cellars, bathrooms, and kitchens. Lamination with UV protective film or acrylic glass and wooden frames are very sensitive to scratches and stains, and therefore must be handled with gloves or a comparable protection. The same applies to the surfaces of sculptures. Changes in wood and other materials are subject to the law of nature and have to be calculated over lengthy periods. Cleaning of art objects requires special diligence.
6 Delivery and packaging
6.1 ArtXX offers the option of the transport being organized in the name and on the account of Your Special Delivery Service AG (hereinafter referred to as “YSDS”).
6.2 Should the Customer choose the packaging and transport service of YSDS, the delivery takes place from YSDS's storage in Glattbrugg (CH), to the Customer's delivery address, unless otherwise agreed. The delivery times may vary depending on the destination.
6.3 Before accepting the goods, the Customer must inspect the artworks immediately for any defects and notify YSDS. In case of obvious defects noticed after the goods have been accepted, the Customer must inform YSDS with photograph illustrations within 5 days of acceptance. If the Customer fails to do so, the exercise of damage claims for such obvious defects is excluded.
7 Shipping costs
7.1 The Customer assumes all shipping and packaging costs, unless it has been agreed otherwise in writing, or is in relation to offers with declared free shipping.
7.2 Depending on the type and size, the artworks might require special shipment by a specialized carrier. The shipping estimates shown on the website (shipment and delivery) refer exclusively to the shipment by YSDS.
7.3 Due to the diverse nature of the type of the artworks, and their dimensions and weight, ArtXX can only provide a limited estimate of the shipping expenses. For large and heavy objects the costs will be clarified and forwarded by the respective shipping company.
7.4 All international shipments are executed without charging duties and import taxes. These costs are charged upon import by the customs authorities of the country of destination.
8 Benefit and risk
8.1 Benefit and risk will pass to the Customer when the artwork is handed over to YSDS for delivery. ArtXX shall bear the risk of accidental loss or accidental deterioration of the object of purchase until it is handed over to YSDS at the place of performance in Glattbrugg, Switzerland, or the latter is in default of acceptance.
8.2 The Customer shall recourse to the respective delivery service for any transport damages. ArtXX assumes no liability for transport damages.
9 Limitation of liability
9.1 Any liability of ArtXX - as far as legally possible – is expressly excluded. However, in no event shall ArtXX be liable for:
9.2 Furthermore, ArtXX shall not be liable for defects that are not on the goods themselves, or arising due to late delivery, misleading artwork images, goods descriptions or prices, or for damage caused by misuse, inappropriate installation, improper handling of the goods, or due to activities or omissions of third parties. Also excluded is the liability for claims, and specifically damage claims, from third parties and for consequential damage claims or lost sales and profits of any kind.
9.3 ArtXX is also not liable for the consequences of independent events, such as war, natural disasters, boycotts, strikes, epidemics, pandemics, etc., or legal impossibility. In the event of force majeure, ArtXX has the right to withdraw from the agreement without compensation obligation or to suspend it for a period of time appropriate to the situation.
9.4 Liability for damage to the Customer, especially for damage to the rights or assets of the Customer, is expressly excluded.
9.5 The liability for warranted characteristics, and for the case of intent or gross negligence is not affected by this provision. Further warranty claims than those specified in this contract are excluded.
10 No granting of rights
10.1 With the purchase of one artwork, only the property rights for this particular artwork are acquired. At no point is there any specific usage right that is granted. Any reproduction (multiplication), circulation, publication, or other analog or digital use is not allowed.
10.2 The resale of the goods is permitted. The public exhibition of the acquired artworks is subject to the consent of the artist(s) concerned.
11 Privacy
11.1 Unless otherwise agreed, ArtXX uses the personal data provided under this contract only for the purpose of the execution of the Contract. Use for purposes of market and opinion research, and for advertising purposes is subject to the consent from the Customer.
12 Liability for online connections
12.1 ArtXX is committed to ensure the security of the systems, programs, etc. that belong to it and which it can influence, and to follow the rules of data protection.
12.2 The Customer must ensure the security of the systems, programs, and data that reside in its sphere of influence. Customers should protect their passwords and usernames from access by third parties for the sake of their own interests.
12.3 ArtXX is not liable for damages and disruptions that are beyond the scope of its responsibility, especially not for safety deficiencies and operational failures of third-party companies, which it works with or from which it is dependent.
12.4 Furthermore, ArtXX is not liable for force majeure events, improper actions and disregard for the risks by the Customer or third parties, excessive use, unsuitable resources of the Customer or a third party, extreme environmental influences, Customer intervention or interference by third parties (viruses, worms, etc.) that happen despite necessary safety precautions.
13 Final provisions
13.1 Changes or amendments to this agreement must be in writing. Verbal agreements are not permitted nor valid.
13.2 Unless otherwise specified, any transfer of rights and obligations under this GTC from the Customer to a third party requires prior written consent from ArtXX. This consent may not be provided only due to important reasons.
13.3 If any provision of this GTC is or becomes invalid, the remaining provisions shall remain valid. The parties agree to replace the invalid provision with a valid provision that best corresponds to the economic aims of the parties. The same applies in the event of a contractual gap.
13.4 If for any reason one or more legal actions arise between the Customer and ArtXX, these are subject to Swiss law only, under the explicit exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods).
13.5 The jurisdiction for any claims arising from, or in connection with legal action is Zug, Switzerland, the domicile of ArtXX. This agreement also applies if the Customer is a Business Customer.
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