conditions

1. Scope of application

1. The General Terms and Conditions of Business (hereinafter referred to as "GTC") shall apply in the respective version current at the time of conclusion of the contract to all business relations between UNART and the customers of the online shop and art agency. 

2. By submitting an order or executing a download, the customer expressly agrees to these General Terms and Conditions. 

3. Terms and conditions of the customer that conflict with or deviate from these general terms and conditions shall not be recognised unless UNART has expressly agreed to them in writing in an individual case.

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2 Conclusion of contract

1. The presentation of the range of products in the online shops does not constitute an offer to conclude a purchase contract with the customer. It is non-binding.

2. The contract is concluded when the UNART.ART accepts the contract offer made with the customer's order by means of the order confirmation by e-mail. This order confirmation describes the essential contents of the order. The customer shall check the order confirmation for obvious spelling and calculation errors and for discrepancies between the order and the confirmation. UNART shall be notified immediately of any discrepancies.

3. If the customer has given an incorrect e-mail address when placing the order and the order confirmation cannot be sent to the customer by UNART, the contract shall be concluded if UNART sends the order confirmation to the customer in another way.

4. If UNART is unable to meet the customer's demand, the customer shall be informed of the unavailability or the rejection of the order instead of the acceptance of the order. Goods that are temporarily unavailable will be noted for the customer, and the customer's order will remain in effect.

5. Products are only sold to end customers and authorised resellers. The contractual relationship for the purchase of shop items is exclusively between UNART and the customer.

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3. Prices

1. Price fluctuations are possible. The price quoted by UNART at the time the customer places the order shall be decisive.

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4. Delivery, shipping costs

1. The UNART shall deliver the goods ordered to the address given by the customer in the order without delay.

2. Delivery shall be made at the rates stated in each individual case. Delivery shall be made at the shipping costs shown in each individual case, which shall be paid by the customer in addition to the price. All delivery periods and delivery dates communicated

in the online shop are non-binding.

3. Deliveries are made only to end customers. The Kunsthaus Zürich reserves the right to limit quantities. 5.

4. In the event of re-delivery due to incorrect address information, the customer shall bear the additional shipping costs incurred.

5. The dispatch of confirmations / invoices shall be at the risk of the customer to the e-mail address provided by the customer. The risk of accidental loss shall pass to the customer upon handover to the shipping company / e-mail provider. No replacement shall be provided.

6. The purchase price and shipping costs are due for payment upon conclusion of the contract.

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8. Retention of title, withdrawal

1. Until receipt of all payments under the contract, the delivered goods shall remain the property of the UNART. In the event of default in payment, the UNART shall be entitled to withdraw from the contract and reclaim the goods.

2. In the event that a supplier fails to deliver the goods ordered despite contractual obligation and the UNART is permanently prevented from performance through no fault of its own, the UNART shall be entitled to withdraw from the contract. The UNART will inform the customer immediately in the event of an impediment to performance and will refund any consideration already paid by the customer.

 

9. Customs duties, value added tax

1. Imports of goods into countries outside Switzerland may be subject to import duties, which shall be borne by the customer. These vary in different customs territories. The customer is responsible for the proper declaration and payment of the necessary customs duties and fees. Import duties do not constitute shipping costs.

2. For deliveries within Switzerland, the price shown includes the applicable statutory value added tax. For exports to other countries, the price shown is the net price excluding VAT.

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9. Recall

1. A return of the artwork is excluded

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10. Warranty and liability for the purchase of goods

1. The buyer shall inspect the goods upon receipt. Any defects must be reported to UNART immediately - max. 5 days after receipt of the goods. If the buyer fails to do so, the goods shall be deemed to have been approved, unless the defects were not recognisable during the usual inspection. If such defects become apparent at a later date, notification must be made immediately after discovery, otherwise the goods shall be deemed to have been approved also in view of these defects.

2. If, at the time of the passing of risk, there is a defect in the goods for which UNART is responsible, UNART may, at its discretion, repair or replace the goods. If the repair or replacement delivery fails, the customer shall be entitled either to withdraw from the contract or to demand a reduction of the purchase price. The liability of UNART, its representatives and its auxiliary persons shall be limited to intent and gross negligence. UNART shall not be liable for indirect damage or loss of profit. Liability under the Product Liability Act remains unaffected.

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11. Rights of use (incl. downloads)

1. All goods offered are intended for private, non-commercial use only. Any other use constitutes an infringement of copyright. The making of copies for the purpose of sale, commercial lending, public broadcasting or passing on or transfer to third parties is prohibited.

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20 Final clauses, applicable law and place of jurisdiction

1. The UNART reserves the right to amend these GTC at any time without giving reasons. Such changes shall not apply to bookings already made. Should individual provisions be or become void or ineffective, this shall not affect the validity of the remainder of the contract. Swiss substantive law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The sole place of performance for delivery, service and payment is the city of Zurich. The place of jurisdiction for all disputes in connection with orders placed by the customer shall be at the registered office of UNART (City of Zurich).