Terms and conditions


The last update date: 14.06.2020

These Terms and conditions ("Terms and conditions") describe and govern your access and usage of services, provided by Sole Proprietorship «Natalia Corbe Kunstera Art Gallery» ("Kunstera", "Gallery"), including services for viewing and purchasing original artworks through the web-site of the Gallery www.kunstera.com ("Web-site") or any other service made available by the Gallery (here and after – "Service" or "Services"). The Terms and conditions constitute a binding legal agreement between you and Gallery.

You acknowledge and agree that by, accessing or using the Services, you declare that you have read, understand and agree with these terms. If you don`t accept or do not agree with the Terms and conditions, then you have no right to access and to use the Services.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and conditions.

Modifications to the Terms and conditions

Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. In case of modification, Gallery will post the modification on the Web-site or provide you with notice of the modification. By continuing to access or use the Services, you are indicating that you agree to be bound by the modified Terms and conditions.

Modifications to the Services

Gallery reserves the right to change, modify or discontinue, restrict or block access to the Services, without notice. Gallery may modify or remove any Artworks and information about Artworks and services provided from the Services at any time without notice.

Privacy

See the Privacy Policy of Gallery at https://kunstera.com/policy for information and notices concerning the use of your personal information.

Purchases of artworks

The Artworks are presented on the Web-site with a description enabling you to know their essential characteristics and price. The prices include taxes but do not include shipping and handling charges (unless specifically indicated on the Web-site). If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. Gallery and/or its third party service providers, if any, will collect your billing and shipping information and process your payment. Certain Artworks (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements.

As a Buyer, you may purchase Artworks that are represented on the Services of the Gallery. When you purchase such an Artwork through the Services, you are purchasing the work from the artist, which is described in the description for such work.

In case of purchase, you confirm your choice of Artwork, acknowledge and accept the Terms and conditions herein. The payment for purchases of Artworks must be made within 5 business days from the date of the order.

In the event of confirmation of the availability of all or some of the Artworks ordered by the Buyer and confirmation of receipt of payment by the Gallery, the Artworks are shipped to the Buyer or picked up by the Buyer in the manner agreed by the Gallery and the Buyer.

Payments

Payment of purchases made through the Service may be made by credit card to Gallery which collects the corresponding amount on behalf of the Artist.

In this case you may be asked by our payment methods providers to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information.

The Buyer will be charged the price for the Product purchased plus delivery charges. In the event of availability of Artwork, the Buyer shall be charged within 5 days from when he has confirmed his order.

Payment for purchases made through the Service may also be made by bank transfer to Gallery`s account. The transfer must be made within 5 business days from the date of order.

Security of payments

Gallery uses payment methods provided by Paypal and Stripe Inc., online payment systems.

Gallery has no access to confidential information relating to the payment method that the Customer uses during checkout. Only Stripe Inc. and Paypal have the confidential information which remains inaccessible to third parties.

Although Gallery uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. Gallery is not liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs.

You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account for any such purchase.

Order Cancellations

The Gallery reserves the right to cancel any order for an Artwork placed via the Services if the Gallery determines, in its reasonable discretion, that the item is out of stock or unavailable at the price listed via the Services. If the Gallery cancels an order placed via the Services, you will not be charged for your order.

In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Artwork, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.

Shipping and fees

As the Buyer, you have an option to have the Artwork delivered to your home by indicating a delivery address when placing your order. The Artwork shall be delivered to the address provided by you during your order. Transportation costs will be accepted by the Buyer when confirming his order.

Depending the Buyer's delivery address, different taxation rules and additional charges may apply. The Gallery have no control over these charges and cannot predict their amount. The Buyer is responsible for payment of any such import duties and taxes that are not included.

Disputes

The Buyer has the ability to report, by emailing the Gallery at the address info@kunstera.com, within 21 days from the receipt of any Artwork in case if the Artwork is damaged, doesn`t correspond to the ordered Artwork or not received.

The Gallery and the Buyer should make all the efforts which can be necessary to resolve the dispute with the Buyer amicably.

In case if the declared dispute results as return of the Artwork by the Buyer, the price of the Artwork purchased paid by the Buyer when placing his order will be reimbursed by the Gallery upon the return of the Artwork.

Partial nullity

If one or more paragraphs of these Terms and conditions are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.

Applicable law

These terms of use are subject to Swiss law. Any dispute concerning their interpretation and/or execution shall be relieved by the courts of canton Zurich, Switzerland.
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