General Terms and Conditions

The following General Terms and Conditions (GTC) of BUA Gallery, apply to all orders as well as contracts and are intended to make the art trade between us and the customer fair. With your order you confirm their knowledge and inclusion. The terms and conditions are available on this page and can be accessed and printed at any time.

 

I. Area of application

For BUA Gallery and the orderer the following terms and conditions apply exclusively in their valid version at the time of the order. Deviating conditions of the orderer require the express written agreement of BUA Gallery.

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II. conclusion of contract

Your order is an offer to us to conclude a purchase contract.
After placing your order, you will receive an order confirmation by e-mail, which lists the receipt of the order and the details.
This is merely information that we have received your order. The order confirmation is not an acceptance of your offer.
Only when we ship the ordered product to you, a sales contract is concluded. Please note that no purchase contract is concluded for products that are part of one and the same order if these products are not listed in the shipping documents.

 

III. revocation, returns

The legal right of revocation for online orders of two weeks applies, i.e. you can revoke your order within this period without giving reasons in writing (letter, fax, e-mail) or by returning the goods. To meet the deadline it is sufficient to send the goods to BUA Gallery in time.

If the revocation is effective, the received services are to be returned by both parties. In the event that the received goods were not returned in whole or in part or in a deteriorated condition, you must pay us compensation for the value. This does not apply if the deterioration of the goods is exclusively due to their inspection - as you would have been able to do in a retail store.

If you want to use your right of withdrawal, please handle the goods carefully, so you can also avoid the obligation to pay compensation. It is best to return the goods in the original packaging. The costs for the return are to be paid by the buyer.

 

IIII. delivery

The delivery is made to the address of the buyer, or to the delivery address specified by the buyer. A delivery date is only binding if it has been expressly promised.

Upon receipt of the goods, the Buyer shall immediately inspect them for damage and declare any possible damage to the carrier.
Obvious damages, which are noticed only after the acceptance of the commodity can be reprimanded opposite BUA Gallery within three days. If no complaint is made within this period, the claim for obvious damage is excluded.

IV. Due date, payment and delay

The customer can choose between the following payment options:
Paypal or cash in advance.

V. Set-off, retention

The right of set-off is only valid for the purchaser if a reason for set-off has been acknowledged by BUA Gallery or if such a reason has been legally established. In order to make use of a right of retention, the claim must be based on the same contractual relationship.

 

VI. reservation of proprietary rights

The delivered goods remain the property of BUA Gallery until full and final payment.

 

VII Liability

BUA Gallery is only liable if it itself or one of its vicarious agents has violated an essential contractual obligation in a way that endangers the purpose of the contract or if the damage is due to gross negligence or intent on the part of BUA Gallery or one of its vicarious agents. In case of gross negligence or intentional act, BUA Gallery is only liable for the damage that was reasonably foreseeable at the time of the conclusion of the contract.

The liability due to warranted qualities, in case of personal injury as well as due to mandatory legal regulations, especially the product liability law, remains unaffected.

 

VIII. Warranty, proper handling

BUA Gallery does not assume any warranty for unalterable processes of change, for example in photographs or prints.

For all other cases the legal warranty period of two years applies, it starts with the delivery of the goods. Defects that occur within this period and are subject to the statutory warranty will be repaired free of charge. Damages due to natural wear and tear, improper use and lack of or incorrect care or storage are excluded. See also No. IV.

 

IX. No granting of rights, exhibitions

The purchase of a work only establishes ownership in rem of the item. Rights of use are not granted by the purchase. Resale is permitted, but any reproduction, distribution, rental, making available to the public or other analog or digital exploitation is not permitted.

In individual cases, the consent of the artist concerned may be obtained.

 

X. Collection, processing and use of personal data

We use your data and information for the processing of the order, the delivery of the goods, the provision of services and the processing of payments. We also use your data and information to update our data records and to maintain and service your customer account.

We use their data - only on request - to send our newsletter to inform them about current dates and products.

We will treat your data with care and will not pass it on to third parties.

 

XI. Applicable law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.