General terms and conditions on the purchase of art
(as of Jan 2014)
The general terms and conditions define binding rules, which are mandatory for the conclusion of a purchase contract. The following general terms and conditions form the basis of a purchase order and a contract. These are acknowledged by the buyer and accepted as a contractual basis.
§ 1 scope
The version of the general terms and conditions at the time of the order is valid exclusively. Other terms and conditions of the customer are not recognised unless frisina and the customer have specifically made special agreements in writing.
§ 2 conclusion of a contract
A reservation by you on our website does not represent a contract conclusion. With a reservation, we will send you information by email. This email confirms the receipt of your purchase request with us and gives information about the reserved artwork. By means of this mail, you can check the correctness of the order and place the final order. The purchase contract is only concluded when we have received full payment for the artwork. This payment is due 5 working days from the notification of the reservation information, otherwise the order and the corresponding purchase rights will expire. All artworks can only be ordered in limited edition and not in all quantities. The reservation will be maintained for 5 working days after confirmation of the reservation and subsequently deleted from our system if there is no conclusion of a purchase contract.
§ 3 payment
The customer pays the purchase price per invoice details. These will be delivered by email after reservation of the picture.
§ 4 prices
It can be seen in the price lists that the prices of the remaining works are higher per picture sold. The purpose of this pricing is to increase the value of the works as soon as they have been sold. Frisina reserves the right to adjust its prices upwards at its disctretion, in order to achieve an optimum appreciation in value of the artworks. However the prices of the reserved pictures are binding for the duration of the reservation period.
§ 5 VAT
All prices are excl. VAT
§ 6 shipping costs and expenses
Shipping costs, customs clearance expenses and similar expenses are not specified in the sales prices and are paid by the customer. The corresponding invoices of the freight forwarder will be delivered or included without further notification.
§ 7 delivery
Delivery will take place to the delivery address specified by the customer. Delivery usually takes place 3-4 weeks after the conclusion of the purchase contract. The maximum delivery time is three months from receipt of payment. If these deadlines are not met, then the purchaser can withdraw from the contract with refund of any payment already made. Other mutual compensations are not possible.
§ 8 purchase without delivery
The customer can purchase an artwork as pure investment and without the need for a delivery. For this the customer must update the appropriate fields when ordering.
§ 9 defects / complaint period
The customer must check the goods immediately for surface damage and to censure the freight forwarder upon delivery and is entitled not to accept the work. Should obvious damage exist, which cannot be ascribed to surface damage, the customer must raise an objection in writing regarding this within 7 working days after receipt, an email exchange with our email confirmation suffices. The complaint must be sent to the email address firstname.lastname@example.org. If the customer fails to do this, the enforcement of notification of defects for obvious damage of this kind is excluded.
§ 10 cancellation, returns
A revocation is possible only if an artwork was delivered in an imperfect condition. In the case of a valid revocation, the services received on both sides must be returned.
In the case of incorrect delivery and orders, which are caused by the customer, no right of revocation is allowed. In the case of delivery to an address incorrectly specified by the customer, the customer shall be solely liable. The customer may resell the work via our website.
§ 11 authenticity seal
The signature of the artist including authenticity seal will be sent to the customer after expiry of the complaint submission deadline. These shall be affixed behind the artwork in accordance with instructions.
§ 12 reproduction of limited edition
Frisina reserves the right to replace an imperfectly delivered or destroyed artwork and to reproduce with the same edition number, without abusing the scheme of the limited edition. The imperfectly delivered artwork will be disposed of professionally by frisina. A reproduction on the basis of stolen or lost works is however excluded. An increase in the limited edition quantity of the work is also excluded.
§13 liability clause
All pictures are dependent on environmental conditions, so that colors can change and fade in the long run. It should be noted that direct sunlight can lead to excessive heat fluctuations in the house, and hanging pictures over radiators or cleaning with the wrong product, can lead to high humidity, etc and can accelerate the process of change and in this respect no guarantees can be assumed by us. Our pictures are accordingly suited neither for outdoor spaces, basement rooms, bathrooms nor kitchens. Pictures with UV protection foil or acrylic glass and wooden frames are extremely sensitive to scratches and stains. It is recommended to hang them only with suitable gloves, in so doing attention should also be paid to the danger of the works slipping.
Frisina grants the same warranty as its producers grant to it in turn. Usually two years from delivery of the work. During this time the imperfections, which are subject to the statutory warranty, will be improved free of charge. Damage, caused by normal use, inappropriate use and lack of or improper care or storage, are expressly excluded from this warranty.
§ 14 copyrigtht
By purchasing one of our pictures, you purchase only the in rem ownership of the print. No other rights of use are granted without our consent. Any reproduction (copying), distribution, or other analogue or digital exploitation are prohibited. You can resell the work, see "§ 16 resale rights". Renting and making accessible to the public are not permitted without our consent, any liability on the part of frisina is denied in this case.
§ 15 use of your personal details
With the purchase of an artwork, you give us the right to keep your information in our system. We use your information for the processing and delivery of orders including all necessary services.
We use your information to maintain your customer accounts with us, as well as to reproduce content such as shopping cart content. We also use your information to enable third parties performing services on our behalf.
§16 resale right
With the purchase of the artwork you and your subsequent buyers will receive the right to sell the purchased artwork through our website, provided that the work is in impeccable condition. All sale prices are thereby determined by Frisina by using a formula.
§ 17 conditions of resale via our website
If you are selling through our website, Frisina receives a commission of 20% of the final sale price, which is already included in the selling price. The delivery costs or transport costs to our logistics facilities are paid by you. Frisina undertakes to check the works for damage and if necessary at the expense of the seller to reproduce, whereby the rules of the limited editions may not be broken. The sales take place through Frisina. The proceeds will be settled no later than 15 days after the sale of the work to the reseller, i.e. purchaser 1.
§ 18 exclusion from resale right on our website
Should you sell the work that you purchased from us via other channels, then we can provide no further information about its authenticity and the existing sales rights via our website are lost.
§ 19 conditions on resale via frisina website
The Frisina conditions apply for all subsequent buyers and sellers. The rules at the time of the conclusion of the contract are thereby applied.
§ 20 guarantees on the purchase of an artwork from resellers
The warranty periods apply from the first delivery of the work by the first buyer.
§ 21 transport costs on resale
The delivery costs or transport costs are paid by the reseller to our logistics facilities. Transport costs from Frisinas logistics facilities to the address of the next buyer are borne by the latter.
§ 22 sale after sellout of the limited edition
The sale of artworks on our website is guaranteed after selling off all our editions.
§ 23 applicable law
Swiss law applies