Scope

These General Terms and Conditions ("T&Cs") apply to all declarations of will, contracts, and legal transactions or interactions similar to legal transactions of Sunday Gallery with its customer (called "Customer" hereinafter).
These T&Cs apply exclusively. Diverging terms of the Customer will not be acknowledged unless Sunday Gallery has expressly agreed to them in writing in a specific case.

Conclusion of contract

The range of articles on Sunday Gallery's website is non-binding and does not constitute an offer to conclude a purchase contract.
The Customer's order constitutes a binding offer to conclude a purchase contract under the terms stated in these T&Cs. The Customer will subsequently receive an order confirmation from Sunday Gallery by email.
The contract between the Customer and Sunday Gallery is only concluded when the order confirmation has been sent to the Customer.

Delivery

Delivery will be from Germany or Switzerland to the delivery address given by the Customer. Partial deliveries are permitted.
Information about delivery times is non-binding unless a specific delivery date was explicitly promised.
Delivered articles should be checked immediately to make sure that they are correct, complete, and sound. Visible errors or damages should be reported to the shipper immediately after delivery, no later than within 5 days of receipt of the articles. Otherwise, any rights relating to product defects expire. If Sunday Gallery acknowledges the defects as such and if the Customer has returned the article (including signature sticker) intact to the address provided, the Customer will receive a new delivery or additional delivery.

Signature sticker

Sunday Gallery may send the sticker displaying the edition details and the signature of the artist ("signature sticker") to the Customer separately. If the Customer exercises his cancellation right, he must return the unused sticker as well; otherwise, the purchase price will not be refunded. The cancellation right expires if the signature sticker is used on the artwork, the frame, the lamination, or anywhere else.

Prices, shipping costs, payments

The prices valid at the time of the order apply. All price information is understood to be exclusive of VAT and packaging and shipping costs. The order will display these separately. Prices are subject to change.
The Customer will pay any fees or charges related to shipping or payment (e.g. cash on delivery fees, customs duties, etc.).
Sunday Gallery only accepts the payment methods displayed to the Customer during the order process.
As a rule, the purchase price and any shipping costs fall due and payable when the contract is concluded. Sunday Gallery may make delivery of the products dependent on prior payment for the products without stating reasons. If the Customer does not meet his payment obligations, either entirely or in part, 5% interest on arrears will be charged, and Sunday Gallery may withdraw from the contract by means of a written notice, regardless of the agreed delivery date. Sunday Gallery may charge a reminder fee of 20.00 CHF per written payment reminder. The right to claim further damages due to delay, including collection costs, is reserved.

Cancellation right

If the Customer is ordering as a consumer – that is, for a purpose that is not related to his business or freelance professional activities – he may cancel the order within 2 weeks of receipt of the articles without stating reasons either in written form (e.g. letter, fax, email) or by returning the articles. The items must be returned intact and in their original packaging. The Customer will pay the costs thereof.
There is no cancellation right for specially designed or custom-built articles (such as frames that differ from the standard recommendation, etc.) or for simple prints (without frame or lamination), as their fragile nature is not suitable for return shipment.
In case of a valid cancellation, the performances received by either side must be returned and any benefits (e.g. benefits of use) surrendered. If the article has deteriorated in quality, Sunday Gallery may require compensation or refuse to take it back.

Rights to copy of work

By purchasing and paying for a photographic print, the Customer acquires the title to the copy sent to him, which he may re-sell freely.
He does not acquire and is not granted any further rights to the depicted work. The Customer may not reproduce (e.g. by making copies) or lease out the copy of the work or engage in other analogue or digital forms of exploitation. Public exhibition of the purchased copy of the work also requires the agreement of Sunday Gallery.

Warranty

The warranty period is 5 years after delivery of the article. The warranty period for discolourations is 75 years. The warranty does not cover damages or defects caused by improper handling (especially violations of the care instructions sent to the Customer), natural wear and tear, or defective or incorrect use. The Customer particularly acknowledges that environmental influences (such as light) may change the appearance and colour of photographs and that such changes do not fall under the warranty.
Photographs, laminations, and frames may not, either entirely or in part, be subjected to direct sunlight, hung directly above heaters, or be subjected to humidity exceeding the level of normal living areas. Photographs, laminations, and frames are therefore not suited for the outdoors, cellars, bathrooms, or kitchens. Wooden frames and laminations with UV protection film or acrylic glass are very sensitive to scratches and blemishes and may only be touched with gloves or comparable protection. 

Offsetting

The Customer may only offset if and insofar as the counter-claim(s) in question
are not disputed by Sunday Inventory or have been found valid in a final judgement.

Liability

Sunday Gallery's liability for fault on its own part or that of its employees, legal representatives, and agents is limited to intent and gross negligence. Liability for indirect damages and consequential damages that arise due to use, errors, or omissions is excluded insofar as permitted by law.

Data protection

The relevant up-to-date data protection provisions of Sunday Gallery, which are available on the website, apply www.sunday.gallery.

Customer feedback

Sunday Gallery has the right to re-use customer reviews and feedback without restriction, in their entirety or in abbreviated form, and without stating author information.

Amendments/changes to the T&Cs

Sunday Gallery reserves the right to change or amend these T&Cs at any time. The changed or amended T&Cs will be published on the website www.sunday.gallery and become binding at the time of publication.

The Customer's consent is not required for changes or adjustments made solely to remove ambiguities

Address

Vendor and contract partner for the offers on this website:

Sunday Gallery GmbH
Zwinglistrasse 30,
8004 Zürich, Switzerland
Tel.: +41 (0)44 240 10 10
Email: info@sunday.gallery

Final clauses

These T&Cs are governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

If the Customer is a trader, the courts with competence for Sunday Gallery's main office have jurisdiction over all disputes arising from or in connection with this contract. Otherwise, Art. 32 of the Swiss Zivilprozessordnung (Code of Civil Procedure) applies.