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).
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.
Delivery will be from Germany or Switzerland to the delivery address given by the Customer. Partial deliveries are permitted.
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.
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.
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.
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.
The Customer may only offset if and insofar as the counter-claim(s) in question
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.
The relevant up-to-date data protection provisions of Sunday Gallery, which are available on the website, apply www.sunday.gallery.
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
Vendor and contract partner for the offers on this website:
Sunday Gallery GmbH
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.