T&Cs

1. Scope of Application and Contracting Parties

These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded via the website domart.gallery (hereinafter "Website") between you as a customer (hereinafter "Customer" or "You") and us:

domart.gallery

Represented by: Dominik Gutzwiller

Mühlemattstrasse 7, Oberwil 4104, Switzerland

Email: art@domart.gallery

(hereinafter "Gallery" or "we")

By placing an order or purchasing an artwork via this Website, you agree to these GTC.

2. Offer and Conclusion of Contract

All presentations of artworks on our Website are non-binding and do not constitute a legally binding offer, but rather an invitation to make an enquiry or place an order.
The contract is concluded as soon as we confirm your order or purchase enquiry in writing by email (Order Confirmation).
As many of the artworks are unique pieces, the contract is subject to the condition subsequent of the artwork's availability. Should an artwork already be sold out, we will inform you immediately; payments already made will be refunded in full.

3. Prices, Currency and Payment Terms

All prices on the Website are in Swiss Francs (CHF).
Unless otherwise stated, prices are exclusive of shipping and transport costs, as well as any customs duties or taxes for deliveries outside Switzerland.
We accept the payment methods specified on the Website (e.g. credit card, bank transfer, TWINT). The purchase price is payable in advance.

4. Shipping, Delivery and Risk of Transport

Artworks are shipped using specialised logistics partners or as an insured parcel. Delivery periods are agreed individually or specified in the Order Confirmation.
Benefit and risk (in particular the risk of damage or loss during transport) pass to the buyer when the goods are handed over to the transport company. On request and at the customer's expense, additional transport insurance can be taken out.
The customer is obliged to inspect the delivered artwork for transport damage immediately upon receipt and to report any such damage in writing to the carrier and the Gallery within 24 hours.

5. Retention of Title

The delivered artwork remains the property of the Gallery (or the arranged artist) until the purchase price has been paid in full. The Gallery is authorised to make a corresponding entry in the retention of title register.

6. Quality of Artworks and Warranty

The artworks offered are artistic works (often unique pieces). Minor variations in structure, tone or quality compared to the representations on screens are due to technical reasons and do not constitute a defect.
The statutory warranty for material defects is excluded to the extent permitted by law. Instead, the Gallery undertakes, at its own discretion, to remedy justified and timely reported defects (which are not attributable to natural wear and tear, ageing or improper handling) by rectification or a reduction in price.

7. Right of Return / Right of Withdrawal

Under Swiss law, there is no statutory right of withdrawal or return for purchases made online.

8. Copyright and Rights of Use

With the purchase of the artwork, you acquire physical ownership of the work. The copyrights remain entirely with the respective artist.
Any reproduction, distribution, commercial use or making available to the public of the artwork (including in digital form) is prohibited without the express written consent of the copyright holder.

9. Limitation of Liability

The Gallery's liability for slight negligence, indirect damages, consequential damages and for the conduct of auxiliary persons is excluded to the fullest extent permitted by law.

10. Final Provisions, Applicable Law and Jurisdiction

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
Contracts between you and the Gallery shall be governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of the Gallery or the place of residence of Dominik Gutzwiller (Oberwil, Switzerland).