TERMS AND CONDITIONS

1. Area of application

These General Terms and Conditions apply to all orders placed with BARBARASGALLERY.CH and / or BARBARASONLINEGALLERY.COM and / or LIEBLINGSKUNST.COM and / or ARBONART.COM websites (hereinafter referred to as "BARBARAS GALLERY"). Orders may only be placed on the BARBARASGALLERY.CH website by individual consumers and corporations purchasing artworks. Any resale or distribution opportunity of BARBARAS GALLERY is strictly prohibited. BARBARAS GALLERY may update these Terms and Conditions of Sale at any time. For each order on BARBARAS GALLERY, your acceptance of the current Terms and Conditions of Sale in force at the date of the order will be requested.

2. Intellectual Property

2.1 Originals Only!

We offer originals painted, crafted or created by great artists. You will own the artworks, still all copyright and usage rights for and of the artworks do remain with the artists. By purchasing the original you do not receive the copyright and/or usage rights. Should you wish to use the image of an artwork please contact us for prior consent. Many thanks!

All material on this website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are protected by the exclusive property of BARBARAS GALLERY.

You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on this website. The domain names "BARBARASGALLERY.CH", “BARBARASONLINEGALLERY.COM”, “LIEBLINGSKUNST.COM” and "ARBONART.COM" spelled in minor and / or capital letters is and will remain the exclusive property of BARBARAS GALLERY. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express and agreement in writing of BARBARAS GALLERY is prohibited.

All content and material on this website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are protected. A usage or copy in other electronic, digital, or printed media is prohibited without the clear agreement of BARBARAS GALLERY.

3. Ordering, prices and delivery

3.1 Ordering

All orders placed on this website are subject to be fulfilled as far as the artworks and further products that are offered are still available. A not-yet-in-stock situation of presented artworks does not occur as each artwork is available once. Exceptions may occur in case the artwork is still in progress, in return status or in transition to be newly offered to the store. BARBARAS GALLERY sells and ships securely packaged unframed and framed artworks to any country. BARBARAS GALLERY might sell further artwork related products and services to any country. In any of the placed orders, delivery, customs, and other than VAT charges apply in addition.

With respect to framing, artworks made in pastels are always framed to ensure the quality of the pigments. Framing options are presented for other painting media where seen as enriching and useful. Framing charges apply. For each of the presented artwork framing options if applicable are indicated explicitly. Framing charges are indicated explicitly, too.

If the chosen artwork being product or service is unavailable after ordering, you will be notified in the shopping process as well as informed by email. You will then be able to select another great artwork from BARBARAS GALLERY.

We accept payments made via Bank Transfer and Swipe. Swipe is a trusted payment services provider for customers worldwide and serve you, the artists and us as trusted service provider. Any order is payable in Swiss Francs. You assume the risks (in particular the loss, theft or damage) relating to the delivered products from the date of the delivery. The items will generally be delivered following the indicated delivery terms in the order. An order placed online becomes binding the moment that the customer accepts and confirms the order (by clicking “submit order”). The purchase amount is debited as soon as the order is confirmed.

We reserve the right to cancel deliveries from customers who have not yet paid within the payment processing period.

3.2 Prices

The prices of our artworks include value added tax (“VAT”). Prices, VAT, further products, delivery, customs, and further charges are made in Swiss Francs (CHF). Exceptions occur in case customs and further import charges are being directly invoiced to the customer in the respective country of destination. BARBARAS GALLERY guarantees the price of an artwork for six months after having added the artwork to the catalogue under "Shop the Collection". After a six months price guarantee period, BARBARAS GALLERY reserves the rights to amend at any time and without any previous notice the prices of the artworks on BARBARAS GALLERY websites.

3.3 Invoicing

The invoicing of the artworks is based on the prices as published on BARBARAS GALLERY website. A price may derive from the ordered artwork, ordered further products and services and delivery charges. Prices are posted on the BARBARAS GALLERY websites. The invoicing total is indicated by the time of confirming your order. An overview of delivery charges for local delivery is provided in the Terms of Delivery section. Delivery charges for European and International shipments are explicitly outlined for each of the artwork.

Customs and further charges are subject to the logistics service providers and directly invoiced to the customer. Any order placed on BARBARAS GALLERY websites has to be paid immediately after confirmation of your order.

Please note that for many delivery destinations import duties for artworks might not apply. We recommend to double check with the respective authorities.

4. Of Artists interest

We do offer great artworks - this is not possible without great artists. The artists that choose to publish their works on BARBARAS GALLERY websites receive a fair share of the revenue granted by selling through our marketplace. We do not ask for a pre-listing or sign-up fee.

Unless not indicated differently we pick up the artworks from the artists by ourselves. There are various reasons why we do it this way:

we offer originals only exclusively for you,
we seek the direct contact with the artists,
we do want to check out the artworks by ourselves and see which packaging and delivery means are the most appropriate ones,
we facilitate hereby the collection of all necessary details for presenting the artworks at BARBARAS GALLERY, and more importantly,
handing over your artworks to somebody else feels like handing over something very personal - you want to trust the persons that will take care of it in the next steps of presenting it to the collectors community, and last but not least,
we take the burden of offering, packaging, delivering, invoicing and presenting from the artists' shoulders.

5. Visualization and protection of the artworks

We do publish photographs of the artworks for presenting them online at BARBARAS GALLERY and provide visitors of the websites, collectors and customers with the utmost achievable visualization possible. However, colors might vary due to the electronic medium you use. You still want to use the photographs as a reference to the original.

Great artworks are also sought by those that want to make use of the artworks, the motifs, the arrangement, or simply by making reprints out of the photographs we present. We therefore will use a lightweight water sign in the photographs to at least give upmost protection to the photos. This will not prevent those from doing it, but hopefully slows down the process of trying! In case you encounter misuse of the artwork, please let us know.

6. Returning or exchanging goods

You should check that your shipment is correct on delivery. If there are any discrepancies or problems with your order when the products are delivered to you, you should note the nature of the discrepancy or problem (e.g., open package, damaged goods, etc.) on the delivery note, and sign it. Then you should contact us through our website with reference of order number.

Customers shall have a right to exchange goods for 14 calendar days after receipt. Items purchased at reduced prices cannot be returned.

The artworks must be returned in their original condition and packaging including the original receipt with your returns to the address indicated in the returns form and at the expense of the Sender

7. Confidentiality of details

All of a customer’s personal details are treated confidentially and are not passed on to any third parties or made accessible to them, nor forwarded to other countries. On written request, customers have the right to view, correct or remove details about them which are contained and processed on BARBARAS GALLERY’s customer management system. The details, such as name, address, e-mail address, item, price, quantity, bank account number and details, credit card company, credit card number and expiry date, together with all other details provided by the customer, are collected, handled and utilized for the purpose of processing the order and managing the customer base in line with the provisions of the Swiss Data Protection Act.

An artist's name, location and artworks are made accessible through BARBARAS GALLERY upon a written agreement between the artist and BARBARAS GALLERY. All other of an artist's personal details are treated confidentially and are not passed on to any third parties or made accessible to them, nor forwarded to other countries. On written request, artists have the right to view, correct or remove details about them which are contained and processed through BARBARAS GALLERY. The details, such as address, e-mail address, financial credentials such as obtained revenue through BARBARAS GALLERY, credit card company, credit card number and expiry date, together with all other details provided by the artist, are collected, handled and utilized for the purpose of processing the payment and managing the artist contact database in line with the provisions of the Swiss Data Protection Act.

We, BARBARAS GALLERY, may update these Terms and Conditions of Use and the Privacy Policy at any time. By continuing to use BARBARAS GALLERY following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. We may modify or amend the Privacy Policy at any time as provided in the Privacy Policy.

BARBARAS GALLERY and its website are not intended for use by minors under the age of 18.

8. Customer service

The customer service responds back in normal office hours from 8.00 to 18.00 CET.

9. Linking

BARBARAS GALLERY's website may contain links to third party websites not under the operation or control of BARBARAS GALLERY. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to BARBARAS GALLERY website if expressly authorized in writing by BARBARAS GALLERY.

10. Limitation of Liability

BARBARAS GALLERY shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use BARBARAS GALLERY, even if BARBARAS GALLERY has been advised of the possibility of such damages.

11. Disclaimer

Errors on the website may occur. BARBARAS GALLERY does not guarantee or represent that the website is free from viruses, worms, trojan horses, etc. nor does BARBARAS GALLERY guarantee that the information contained on the website is accurate, complete and up to date. We aim for accuracy and completeness whenever and wherever possible. BARBARAS GALLERY expressly disclaims all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of BARBARASGALLERY.CH website or of its contents intended to an usual use or a specific use, of its quality or lack of infringement to ordinary statement from them.

12. Applicable law

These General Terms and Conditions of Sale shall be governed by and construed in accordance with the Swiss law. Any applicability of the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. The language of these Terms and Conditions is English. All dealings between the customer and BARBARAS GALLERY shall be governed by Swiss law. Arbon, August 2017.