Terms & Conditions
General Terms and Conditions of TheArtists GmbH
The following regulations on the conclusion of contracts apply to orders with TheArtists.net.
The imprint and the privacy statement are part of the general terms and conditions.
The offer is only valid for registered members with login with address and e-mail address.
In the event of a contract 'Purchase Offer' being concluded, a contract shall be concluded with TheArtists GmbH, Forchstrasse 37, 8032 Zürich (Handelsregisteramt Zürich, CH-020.4.048.998-0). Contact details: firstname.lastname@example.org / +41 76 441 5550.
A purchase offer is made by the successful completion of the following procedure.
- Register in the online shop with e-mail address.
- Select the desired artwork by clicking the 'PURCHASE' buttons, i.e. “order for costs”
- Confirm your purchase offer by clicking on the 'Checkout' button.
- Accept the terms and conditions by clicking on them
- Choose the payment method
- Put in the payment data
- Acceptance of your purchase offer and confirmation of purchase by e-mail from email@example.com
Payment is made by credit card (Visa, Mastercard, Amex).
The prices listed in the online shop at the time of ordering apply. The prices, unless otherwise indicated, include shipping, handling and delivery costs. Other conditions apply for large projects, special conditions, remote delivery addresses especially marked artworks and areas outside Switzerland and the EU. Additional fees can apply for deliveries outside these regions. Taxes and import duties and charges for custom clearance are in the responsibility of the buyer. TheArtists has no control over these fees.
We ship works ordered via our online shop against payment with credit card.
Right of withdrawal and revocation
You have the right to cancel this contract within 14 days after you received the confirmation of your order without giving any reason and a right of withdrawal within 7 days (or if another term is applicable and local law demands it) after receipt of the artwork, which is the day on which you or a designated third party and who is not the carrier, have or has taken possession of the goods.
You shall declare your decision to revoke this contract in a clear e-mail or written statement.
The artworks may be returned by you within the period after receipt of the parcel in its original packaging and undamaged. You will be refunded the amount paid after the works have arrived back with the artist. You are responsible for the return and its costs. You will not be charged for the repayment.
Return address is on the delivery note.
Please always enclose the original delivery note.
If the local law provides otherwise in a particular case, this applies.
TheArtists guarantees that each work is an original work or edition by the specified artist and that TheArtists is authorized to sell this work of art.
Any instructions from TheArtists on the handling of the artwork must be observed by the buyer. Defective artworks may be returned directly to the artist. The address can be obtained from firstname.lastname@example.org.
Retention of title; Set-off; Right of retention
(1) TheArtists retains ownership of the purchased artwork until full payment of the purchase price.
(2) You shall only be entitled to the right to set-off if your possible counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
Each purchased work of art is delivered as soon as possible with regards to the packaging and the availability of the artist. In some cases there may be delays. If an artwork has not been delivered within 30 days after full payment has been booked on TheArtists’ account you may cancel the sale. TheArtists only delivers to easily accessible areas. Deliveries cannot be made to post boxes and packing stations. If there is a fault in the delivery address you have given you shall bear the costs for a new delivery.
Before signing the delivery note, check the packaging of the delivered artwork for transport damage. If the artworks were delivered defective, the customer must contact TheArtists GmbH in writing within 24 hours at email@example.com. On the delivery note, the words "Artwork accepted with reservation" must be noted. A photo of the defective artwork or the battered packaging will help us to claim damages.
Swiss law is generally applicable. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreement shall not apply. Place of jurisdiction is Zurich.
If you have any questions or comments please feel free to contact us. We always look for customer oriented solutions if a problem or error should have occurred.
The Artists GmbH
represented by Beat Raeber und Michael Oswald
Tel.: +41 76 441 5550