Purpose and Enforceability
The purpose of the GalleryNow website is to present Artworks from artists and their gallerists/agents (hereinafter the “Sellers”) to the users of the site (potential “Buyers”), and to give them the opportunity to discover and buy them online directly from the Seller. These general terms and conditions of sale are meant to define the terms and conditions for the online sale of the Artworks available on the site, and to define each party’s rights and obligations in such a relationship. The sales made through the Site are either contracted directly between the Buyer and the Seller, or through an art agency which represents the seller. GalleryNow is not, in any respect, a reseller of the Artworks proposed by the Sellers through the Site. GalleryNow acts as a simple middleman in the context of the provision of the Site that allows Sellers and Buyers to connect. As a result, GalleryNow is not a party to the contract which is concluded only between the Buyer and the Seller, who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.
Acceptance
The unconditional acceptance of the entire general conditions of sale is mandatory to conclude the sale agreement, by both the Seller and the Buyer.
Order
The Artworks are offered for sale on the GalleryNow website, subject to their availability. To order an Artwork, the Buyer selects the Artwork of their choice, place it in their cart and provide the necessary personal information to place the order. Before validating the order, the Buyer must check the information appearing on the order summary, and they can correct any potential error.
Sale Price and Terms of Payment
The Artworks sale price is listed on the site in Swiss Francs(CHF) and includes all taxes, excepting delivery and packaging fees if applicable. The method of delivery is the Swiss Post. The delivery and packaging costs depend on the type of artwork, its dimensions, its weight, as well as the place of delivery. The payment of the artwork price by the Buyer to the Seller is made via the payment services available from GalleryNow by invoice (until February 2021 and after that also by credit card. Transfer of ownership happens as soon as the full price has been paid by the Buyer. Failure to pay the full price automatically cancels the sale, and the artwork is put back for sale on GalleryNow’s website.
Delivery of Artworks
The delivery of the Artworks is made at the address provided on the order summary form, during the business hours and according to the procedures laid down by the Swiss Post. The Buyer must inform themself about the procedures and delivery schedules implemented. Obligations regarding the delivery of the order, meaning respecting the given schedules, GalleryNow shall in no case be held liable for failure to comply by the Buyer, who is entitled to lodge a complaint against the delivery service provider. The Buyer must, as soon as he receives the order, check the condition of the artwork, and mention any reservation immediately and in writing, at the latest within 48 hours, to GalleryNow.
Color
You understand and agree that GalleryNow uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, GalleryNow is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.
Force Majeure
In case of a situation of force majeure, the execution of the contract may be suspended or, if it is completed, cause the cancellation of the sale. Expressly, are considered cases of force majeure or fortuitous events, those usually acknowledged by the jurisprudence of the European courts and tribunals, i.e. an event that is out of the control of the debtor, which could not have been reasonably expected at the time of the contract being concluded, and whose effects cannot be avoided by any appropriate measures. The party invoking Force Majeure must immediately inform the other party, as well as upon its extinction thereof.
Intellectual Property
The Seller / art agent guarantees that the artist is the author of the ceded Artwork and that the later does not violate any laws, regulations, and standards in force, or affects the rights of third parties. He/she commits to protect GalleryNow and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork. The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
Applicable Law
These general terms and conditions of sale are governed by Swiss law.
Mediation
In the event of a dispute, the User has a right of recourse with a Consumer Ombudsman for the amicable resolution of any dispute on the execution of these Terms of Service.
The User will find the list of mediators on the government website dedicated to this purpose.
Jurisdiction
Any dispute concerning the validity, interpretation or execution of these General Conditions of Sale shall be brought before the Swiss Courts.
