These Terms & Conditions regulate the business relationship between you and us. By using our website or by buying from us, you agree to be bound by them.
Article 1: General
ArtEastGallery Berlin Kyiv, hereinafter referred to as the Gallery, is an art gallery with offices open to the public in Berlin, Germany and a branch in Kyiv, Ukraine.
Office in Germany: Goßlerstrasse 1, 12161 Berlin, Germany.
Office in Ukraine: Pushkinska Street 39, Apt 6, 01004 Kyiv, Ukraine.
The Berlin office is open to the public on request at email@example.com or + 49 1520 5826249.
The Gallery is directed by a co-direction: Mrs Cornélia Schmidmayr (firstname.lastname@example.org) and Mrs Ivanna Bertrand (email@example.com).
The present Terms & Condiitions (TC) apply, without restriction or reserve, to any Buyer wishing to acquire the Works offered on the site www.arteastgallery-bk.com.
A "Buyer" is any person who wishes to purchase a Work offered for sale by the Gallery on the website www.arteastgallery-bk.com or in the Gallery's premises. The sale of the Works is open to persons who have the legal capacity to contract under the applicable law. In particular, minors are not allowed to access our online sales service.
Will be considered as "Work", any work of art presented on the site www.arteastgallery-bk.com or in the premises of the Gallery with a description putting the Buyer in a position to know its essential characteristics (author, title, dimension, support, technique, etc...) as well as its price, and indicated as being "available". On the other hand, all the works indicated as "sold" will be considered not available for sale.
These GTC are the only ones applicable, to the exclusion of all others. No sale of the Work on the website www.arteastgallery-bk.com or in the Gallery premises will be made by the Gallery without the acceptance of these GTC. The Gallery reserves the right to cancel or refuse, without delay, any order that appears to be contentious or fraudulent and/or any order by a Buyer with whom there is a past or current dispute of any kind. The present conditions can be modified at any time by the Gallery without notice.
Article 2: Price
The Works are sold framed or unframed as indicated.
The shipment is included or excluded as indicated.
The prices indicated are the prices including VAT in € (Euro), for the Buyer residing in the Euro zone.
The Gallery applies the VAT system in accordance with the German Sales Tax Act (Umsatzsteuergesetz).
In case of purchase from a country outside the Euro zone, all charges, local taxes or customs duties are not the responsibility of the Gallery and shall be borne by the Buyer. It is the Buyer's responsibility to find out about the conditions of import and to declare the purchase to the authorities in his country. In that case, the purchase price will be reduced by the amount of the German VAT.
Article 3: Commissioning of a Work
The Gallery has no stock, each order being subject to a particular treatment. The purchase of a work on the website goes through a procedure in several steps. Two options are offered to the Buyer:
3.1. Bank transfer
- The Buyer contacts the Gallery via the address firstname.lastname@example.org or the form available on the Gallery's website on each Work’s page by clicking on Enquire to indicate his/her intention to purchase a Work.
- The Gallery sends an information sheet to finalize the order which includes a checkbox: "I have read and accept the Terms and Conditions " (TC). The Buyer will confirm his knowledge and acceptance of the TC by checking the box. The action of checking said box by the Buyer implies the total and unreserved acceptance of the whole of the present TC.
- In the information sheet, the fields with an " * " are mandatory because they are necessary for the proper processing of the order and delivery.
« Country* »
« First name* »
« Name* »
« Address * »
« Postal code *»
« Town* »
«Email address * »
« Telephone * »
- The Buyer may choose to have his order shipped to a different address by checking "Ship to a different address" and filling in the corresponding mandatory fields. Otherwise, the billing address will be retained as the delivery address.
- By submitting the information sheet, you are placing a binding order for the goods.
- Upon receipt of the information sheet by the Gallery, the Gallery will send the Buyer an order confirmation by e-mail with the order number.
3.2. Payment by credit card
The Buyer can add to his cart one (or more) Work that he wishes to acquire by clicking on the “Add to cart” icon available on the presentation page of the Work. The cart remains accessible and modifiable at any time.
In the shopping cart, the Buyer can select the Works that he actually wishes to buy by deleting the unwanted Works. He then selects a delivery method between a delivery to a location of the Buyer’s choice, or the collection directly at the Gallery. He then continues the order of the Work by clicking on the “Continue Checkout” icon after accepting the Terms & Conditions. These Terms & Conditions are available on each page footer of the Gallery website by clicking on the tab or by clicking on the hyperlink inserted in the mention “I agree to the Terms and Conditions” (TC).
Article 4: Payment for a Work
Proof of the transactions will be recorded by the Gallery and the receipt of the payment in question will be notified to the Buyer by sending an e-mail which will constitute the proof of payment.
Works for sale on the Gallery's website or on deposit in the Gallery's premises remain the property of the Gallery or of the represented owners, until full payment for the Work.
In case of non-payment, especially because of the bank's refusal to honor the transaction, the Gallery may automatically terminate the sale without notice or delay.
The change of the status of a Work from "available" to "sold" will be done manually in case of sale directly in the Gallery's premises or when paying by online bank transfer; automatically in case of online payment. However, if before the Gallery receives an order in the above mentioned conditions, the Work has already been ordered in the required conditions by another Buyer and/or, the work would have been sold directly at the place of the Gallery, the Buyer will receive an e-mail from the Gallery notifying him/her of the unavailability of the Work and the non-acceptance of his/her order, the Gallery being released from any responsibility in case of unavailability of the Work.
4.1. Bank transfer
Any payment by bank transfer must be understood as payment of the full price of the Work including VAT. The payment of the sums due will be carried out directly with the bank account of the Buyer by using his order number as reference of payment. The bank details of the Gallery's account to which the transfer is to be made will be indicated in the order confirmation e-mail.
Moreover, the payment of the Work will have to intervene within a maximum term of payment of 14 (fourteen) days as from the sending of the electronic mail to the Buyer notifying him the receipt of the order with the order number. If the Buyer fails to do so, the Gallery is entitled to terminate the sale without notice or delay.
4.2. Payment by credit card
Any payment by card must be understood as a payment for the full price of the Work. The payment of the due sums will be done by credit card (Visa, MasterCard, American Express) on a secured website STRIPE guaranteeing the confidentiality and the security of the personal data.
The Buyer receives an order receipt after processing the online payment.
Article 5: Delivery of the Work
The payment of the total amount due, i.e. the price of the work including VAT, activates the reservation of the ordered Work and will start the delivery process.
All orders will be handed in or delivered with the invoice and certificate of authenticity and packaged in protective packaging.
Depending on the delivery method chosen during the reservation process of the Work, the Buyer may:
- Pick up the order directly at the Gallery's premises. By making this choice, the Buyer benefits from a discount of 5% on the Price including VAT of the Work. This rule does not apply to works exposed in the gallery during an exhibition. If the Buyer fails to collect the work within 30 days from the date of payment, the Gallery will be entitled to cancel the sale without any notice or delay, and may, if necessary, put the work back on the "available" status on the website www.arteastgallery-bk.com and, if necessary, refund the amount paid by the Buyer.
- Have the order delivered by a carrier. In case of delivery by a carrier, the following provisions will apply. Due to the provenance of the works (Ukraine, outside the EU), the Gallery will deliver the Work to the address indicated at the time of the order within an average of working 30 days in the Euro zone and rarely exceeding 45 working days. The confirmation of receipt must be signed by the Buyer himself, as a proof in case of a claim by the Buyer. All shipments will be made by a carrier selected by the Gallery with whom the Gallery will sign a delivery note indicating the condition of the Work. The respect of the delivery time and the preservation of the Work during the delivery depend on the carrier. Therefore, no claim for compensation of any kind can be made by the Buyer to the Gallery in case of delayed delivery attributable to the carrier. Likewise, the Gallery shall not be liable in the processing of the Buyer's file, if any delay, failure to deliver and/or damage to the Work during delivery results from force majeure.
Notwithstanding the above, it is understood that in case the Work is subject to an exhibition in the Gallery's premises, the delivery time will be postponed by the remaining duration of the exhibition, as announced on the Gallery's website.
6. Right of return
The Work will be delivered to the delivery address indicated by the Buyer during the ordering process. If the Buyer notices a non-conformity or an apparent defect on the delivered Work, he/she will not sign the delivery note and will return the package to the carrier. The Buyer should immediately report the problem to the Gallery with all the relevant documents by contacting the Gallery at the e-mail address provided during the order process notifying the receipt of payment and the completion of the order. In this case, the Gallery or the carrier, as the case may be, will be responsible for the return costs and the Gallery will, at the Buyer's discretion, exchange as soon as possible the item with a work of equivalent value or refund the Buyer's money.
Article 7: Right of withdrawal
According to § 355(2), 357, 312g(1) BGB (German Civil Code), the Buyer has 14 days from the delivery of the Work to express his right of withdrawal without specifying the reason to the Gallery by e-mail (email@example.com) or by mail and to request exchange with a Work of equivalent value and/or refund. The Buyer can but need not use the form below.
If the Buyer wishes to withdraw from this agreement, the Gallery shall refund all payments received from the Buyer without delay and no later than fourteen days from the day of receiving the notification of withdrawal from this agreement. For this refund, the Gallery will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the Buyer. Under no circumstances will the Buyer be charged for this refund.
The deadline is considered to have been respected if notice is given within 14 days of receipt of the Work. The work must then be returned immediately. The Gallery reserves the right to refuse the refund until the work has been received or proof of delivery has been provided. The work must be returned to the Gallery's office in Kyiv, Ukraine in its original packaging and in perfect condition, within a month. Any damage that may occur during the transport is at the expense of the Buyer. The costs of the return shipment are to be paid by the Buyer. The exchange, depending on availability, or the refund will be made within 14 days from the notification of receipt by the artist of his Work in perfect condition.
Sample Cancellation Form
(If you wish to cancel the contract, please complete and return this form):
To Cornélia Schmidmayr, Goßler Strasse 1, 12161 Berlin, Germany, firstname.lastname@example.org
I hereby revoke the contract concluded by me for the purchase of the following goods.
Buyer 's name
Signature of the Buyer (only in case of paper communication)
Article 8: Guarantees
The Work provided by the Gallery benefits, in accordance with the legal provisions, from:
- The legal guarantee of conformity
- The legal guarantee against hidden defects arising from a defect in material, design, manufacture, affecting the products delivered and making them unfit for use.
The Gallery guarantees that the works presented on the website www.arteastgallery-bk.com comply with their description and with the requirements of the German law. In case of a material error on the part of the site resulting in the delivery of the wrong work to the Buyer, the Buyer may, at his discretion, request an exchange with the correct work, a work of equivalent value, if available, or a refund of the amount paid.
The Gallery shall not be held responsible under any circumstances, except in cases of intent or gross negligence, as well as in cases of injury to life, body and health, without this list being limitative, for:
- the transmission and/or reception of any data and/or information on the Internet
- any malfunction of the Internet preventing the reception and/or the sending of e-mails as well as the taking into account of an order
- the failure of any receiving equipment or communication lines
- Loss of any paper or electronic mail and, more generally, loss of any data
- Delivery problems or damage caused during transport
- The functioning of any software
- The consequences of any virus, computer bug, anomaly, technical failure
- Any damage caused to a Buyer's computer
- Any technical, hardware or software failure of any kind that prevents or limits the ability to place an order or damages a Buyer's system.
Article 9: Intellectual Property
9.1 Intellectual property rights
All visual elements displayed on the website are protected by copyright according to §§ 7, 11, 2(1) Nr.4, UrhG (German Copyright Law). The Buyer may not use, copy, reproduce, modify or distort this work or its elements in any way, including on the Internet, without the prior written permission of the Gallery. The Gallery reserves the right to prosecute any infringement of its intellectual property rights, including criminal prosecution.
9.2 Rights to the Work
The artist is the owner of the copyright (economic and moral rights) of his creation, according to §§ 7, 11, 2(1) Nr.4, UrhG (German Copyright Law). The rights of representation and reproduction of the works on the Gallery's website belong to their authors and can be licensed to the Gallery. Their joint permission is necessary for any exploitation of these rights. The Buyer's rights to the purchased work are limited to the right of private use, excluding any right of representation and reproduction.
Article 10: Force majeure
The Gallery shall not be held responsible, if any delay or failure in the execution of the order is due to force majeure.
Article 11: Applicable law
This contract is governed by German law. In the absence of an amicable agreement concerning its interpretation or execution, the German courts shall have exclusive jurisdiction over any disputes. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract.
Article 12: After-sales service/customer relations
User may contact the Gallery with any questions regarding a Work, artist, project or any other request through the email address email@example.com.