General Terms and Conditions
1. ART4FUTURE is an association within the meaning of Art. 60 ff. SWISS CIVIL CODE. It creates the possibility for artists to exhibit their works of art in a digital framework. The artists can present and sell their artwork on the platform www.art4future.ch. They benefit from a broad network of art professionals. In doing so, they benefit from a broad network of ART4FUTURE and can establish contacts with art enthusiasts and art collectors.
2. The purpose of these general terms and conditions is to define the terms and conditions of sale of the artwork presented on the website of www.art4future.ch and to define the rights and obligations of the parties in this respect.
3. Purchases made via the online platform www.art4future.ch are concluded directly between art collectors (hereinafter referred to as buyers) and artists (hereinafter referred to as sellers). ART4FUTURE is in no way a reseller of the works offered by the sellers via the site.
4. ART4FUTURE exhibits the works for sale on the online platform and acts exclusively accordingly. In this way, ART4FUTURE makes it possible to bring sellers and buyers together. Consequently, ART4FUTURE is not part of the sales contract, which is concluded exclusively between buyer and seller. The artist in turn is the sole seller of the artwork and is solely liable for the obligations arising therefrom. The German version of these GTC is binding.
5. The unrestricted acceptance of the complete, present general terms and conditions is required for the conclusion of the purchase contract by both the seller and the buyer. This acknowledgement is effected by the completed purchase in the online shop. The general terms and conditions can be viewed at any time in the footer of the online shop.
6. The artwork is offered for sale on the website by the seller subject to their availability.
7. Each artwork offered is accompanied by information with details, in particular on medium, size, technique and texture, as well as a photograph.
8. The seller is responsible for providing all information about the work of art truthfully and completely.
9. To order a work, the buyer must select the work of his/her choice, place it in the shopping basket and provide the personal details required for the order (or log in if he/she has a user account). Before confirming the order, the buyer must check the details in the order overview and can correct any errors in the data entered, as well as taking note of the general terms and conditions, the right of withdrawal, the data protection provisions and any shipping costs.
IV Purchase price and methods of payment
10. The purchase price of the art works is listed on the art4future.ch site in the currency specified (CHF) and is exclusive of value added tax and customs duties and, where applicable, included shipping and packaging costs.
11. The various possible shipping methods and the associated costs are indicated in the order overview. The shipping and packaging costs depend on the type of work, its size and weight and the place of delivery.
12. The buyer transfers the full purchase price of the work to ART4FUTURE. Payment shall be made via payment services provided by ART4FUTURE through Shopify: Twint, Post, Visa, Mastercard, PayPal.
13. ART4FUTURE is obliged to forward 5% of the purchase price received to the charitable projects selected by the seller.
14. The transfer of ownership shall take place as soon as the buyer has paid the full purchase price.
V Delivery of the artwork
15. The delivery of the ordered artwork shall be made to the address indicated in the order summary form during the business hours and according to the modalities of the shipping service provider selected by the seller.
16. The buyer must inform himself about the modalities and delivery times implemented by the various shipping service providers.
17. The obligations concerning the delivery of the order, more precisely the observance of the announced deadlines, the quality of the packaging of the artwork as well as its conformity, are the sole responsibility of the seller. ART4FUTURE cannot be held responsible in any way in the event of faulty shipment or other delays in shipment caused by the seller or shipping service provider.
18. The buyer is obliged to check the condition of the artwork upon receipt of the order and to express any reservation in writing and without delay, at the latest, however, within 48 hours, to ART4FUTURE, who will forward it to the seller.
19. The shipping area includes Switzerland and the EU area.
VI Right of withdrawal
20. In accordance with European legislation, the buyer has 14 days from delivery of the artwork to exercise his right of withdrawal against the seller, free of charge and without giving any reason.
21. The buyer shall exercise its right of withdrawal from the seller by sending an e-mail to the following address: email@example.com.
22. ART4FUTURE will then be responsible for the buyer's withdrawal and will refund the purchase price as soon as the work of art has been received by the seller, but within 14 days after the day on which ART4FUTURE has been informed of the buyer's exercise of the right of withdrawal.
23. ART4FUTURE may refuse repayment until the artwork has been returned to the seller or until the buyer has furnished proof that he has returned the artwork, whichever is the earlier (DE L 304/84 Official Journal of the European Union 22.11.2011).
24. The refund refers to the price of the work paid by the buyer.
25. ART4FUTURE reserves the right, at its sole discretion, to neither take back nor refund the costs of artwork returned damaged or soiled by the buyer.
26. The seller is obliged to take back the undamaged artwork and to refund the costs.
VII Legal warranties
27. The seller is obliged to comply with the legal warranties and to implement them.
VIII Intellectual property
28. The seller warrants that it is the author of the artwork sold and that the artwork does not in any way violate any applicable laws, regulations or standards and does not infringe any third party rights.
29. The seller is obliged to protect ART4FUTURE and the purchaser against any action brought by a third party in respect of the artwork sold under the warranty for defect of title.
30. ART4FUTURE is not responsible for incorrectly given data about the artwork.
IX Looted art
31. If it turns out that an artwork is looted art, the seller is responsible for disproving this. He/she shall obtain at his/her own expense expert opinions and expertise which can prove the contrary. ART4FUTURE does not participate in the costs.
X Force majeure
32. A case of force majeure may interrupt the performance of the contract or, if it is final, result in the cancellation of the purchase.
33. Force majeure is expressly considered to be cases which are usually regarded as such by the jurisprudence of the Swiss Federal Court, i.e. an event which is beyond the control of the debtor, which could not be properly foreseen when the contract was concluded and the consequences of which cannot be avoided by taking appropriate measures.
34. The party claiming force majeure shall immediately inform the other party thereof.
XI Data policy
35. For the correct implementation of the GTC, ART4FUTURE collects and stores personal data of the buyer and the seller.
XII Competent court and applicable law
37. In the event of a dispute with ART4FUTURE, the courts at the registered office of ART4FUTURE (Industriestrasse 20, 6060 Sarnen) shall have jurisdiction. These general terms and conditions of use are subject to Swiss law.