The purpose of the SWISS ART VALUE website and its Facebook and Instagram pages (hereafter the "SAV Pages") is to present all types of original works of Swiss authors : paintings, drawings, prints, photographs, etchings etc. (the "Works").
The purpose of these general terms and conditions is to define the conditions of use of the SAV Pages, as well as the conditions of sale and purchase of Works on the SAV Pages.
The acceptance of these general terms and conditions in their entirety is necessary (i) for the offer for sale of a Work on the SAV Pages by its author or any other third party holding legitimate rights to the said Work (hereinafter the "Seller") and (ii) for the purchase of a Work by a user (hereinafter the "Buyer"). This acceptance is materialized by a checkbox in the order form of the Work or upon payment of the invoice.
2. CONTRACTUAL RELATIONSHIP
Sales made through the SAV Pages are made directly between the Buyer and the Seller, who are fully responsible for the performance of their respective obligations.
SWISS ART VALUE is in no way a reseller of the Works offered by the Sellers on the SAV Pages. SWISS ART VALUE acts as a simple intermediary allowing the Sellers and the Buyers to be put in contact with each other thanks to the SAV Pages, and can in no way be held responsible for the non-respect of the obligations by the Seller or the Buyer.
3. OBLIGATIONS OF THE SELLERS
3.1 Sales mandate
If the Seller wishes to propose a Work for sale on the SAV Pages, the Seller must contact SWISS ART VALUE by direct message on the SAV Pages or by email, at the address [to be completed]. SWISS ART VALUE scrupulously studies all the proposals and selects the Works that it wishes to offer for sale.
If your Work is selected by SWISS ART VALUE, you will be invited to sign a sales mandate with SWISS ART VALUE. Within the framework of the sales mandate, the Seller must provide SWISS ART VALUE with the photos and the description of the Work, including in particular information on its author, its date of creation, its dimensions, as well as any other element allowing to confirm the rights on the Work and establish its price of sale. The Seller is solely responsible for the accuracy of the information relating to the Work.
The establishment of the Work's sales price is made by mutual agreement between the Seller and SWISS ART VALUE.
SWISS ART VALUE reserves the right to have the data transmitted by the Seller examined by the experts and committees in charge of the moral rights of the artists.
The Seller undertakes to entrust the Work to SWISS ART VALUE for a minimum period of 6 (six) months. As a guarantee, a deposit of CHF 50.00 is required for each Work. This deposit is returned to the Seller at the time of the sale of the Work, or at the end of the period of 6 (six) months from the signature of the sales mandate. If the Seller wishes to recover the Work before the said period, the deposit of CHF 50 will not be refunded.
3.2 Sale of the Work
The sale of the Work is made on mandate, in the name and on behalf of the Seller. The Seller can, at his choice, either (i) deposit the Work with SWISS ART VALUE, so that the latter takes care of the sale procedure and the shipping of the Work to the Buyer, or (ii) proceed directly to the sale and the shipping of the Work to the Buyer indicated by SWISS ART VALUE.
3.2.1 Storage and shipment of the Work by SWISS ART VALUE
The Seller and SWISS ART VALUE agree on the modalities of the deposit of the Work with SWISS ART VALUE (sending of the Work by post, direct delivery of the Work to SWISS ART VALUE etc.).
SWISS ART VALUE will check the state of the Work and its conformity to the description made available by the Seller. If the Work does not conform to the description or if the Work is damaged, SWISS ART VALUE reserves the right to return the Work to the Seller and to cancel the sales mandate.
In case of interest expressed by a Buyer, SWISS ART VALUE will proceed to the packaging of the work and its shipment to the Buyer.
3.2.2 Sale and direct shipment of the Work by the Seller
In the absence of deposit of the Work with SWISS ART VALUE, the Seller commits himself to proceed to the direct shipment of the Work to the Buyer indicated by SWISS ART VALUE. SWISS ART VALUE will communicate to the Seller the address and the contact details of the Buyer.
The Seller undertakes to take all necessary measures for the proper delivery of the Work to the Buyer, in particular by ensuring that the packaging of the Work is secure and protects the Work in an adequate manner (for example by choosing suitable materials, indicating the mention "fragile" on the packaging etc.). The Seller undertakes to ship the Work as soon as possible, and at the latest, within 3 (three) working days following the confirmation of the purchase and the receipt of the Buyer's contact information from SWISS ART VALUE.
In case of any difficulty related to the shipping and delivery of the Work, the Seller commits himself to immediately inform SWISS ART VALUE.
Finally, the Seller undertakes to set up a tracking mechanism for the package, and to inform SWISS ART VALUE of the time of the actual delivery of the Work to the Buyer.
3.2.3 Price and payment
Upon confirmation of the effective delivery of the Work to the Buyer, SWISS ART VALUE will proceed to the payment of the sales price to the Seller.
SWISS ART VALUE will apply a commission indicated in the sales mandate to the sales price paid to the Seller. If the Work is deposited with SWISS ART VALUE by the Seller, SWISS ART VALUE will charge the Seller the shipping costs for the shipment of the Work to the Buyer.
3.2.4 Seller's Warranties
The Seller guarantees :
- to be the author or the owner of the Work offered for sale on the SAV Pages,
- that the Work does not contravene in any way the laws, regulations and standards in force, and
- that it does not infringe the rights of third parties.
The Seller shall indemnify SWISS ART VALUE and the Buyer against any claim of third parties, including any claim of the Buyers relating to the Work displayed or sold on the SAV Pages.
The Seller expressly authorizes SWISS ART VALUE to reproduce the photographs and images of the Work on the SAV Pages for the purpose of their sale, and this for the duration of the mandate.
The Seller is responsible for the legal guarantees applicable to the sale of works of art, in particular the guarantee of conformity and the guarantee against hidden defects, including conformity defects resulting from the packaging of the Works.
Further to the sale, the Seller transfers to the Buyer the material support of the Work and his rights of representation on the Work. The Seller, if he is the artist of the Work, retains however the moral rights on the Work sold.
4. BUYER'S OBLIGATIONS
4.1 Purchase Proposal
Subject to their availability, the Works displayed on the SAV Pages are offered for sale.
In order to express his interest in a Work, the Buyer must contact SWISS ART VALUE by means of an e-mail or a private message with the reference of the Work he wishes to acquire.
In the event the Work is no longer available, an e-mail informing the Buyer will be sent to him/her within 48 hours, leading to the cancellation of the purchase proposal.
4.2 Payment of the price
The price of the Works is displayed on the SAV Pages in Swiss Francs and includes all taxes. To this price are added any delivery costs, which are to be paid by the Buyer.
The different modes of delivery and the related costs are indicated to the Purchaser at the time of the summary of the order.
The payment of the price of the Work by the Purchaser is made by bank transfer to the account of SWISS ART VALUE or by credit card, thanks to the payment link communicated by SWISS ART VALUE.
The bank details of SWISS ART VALUE are as follows:
Bank: Post Office
IBAN: CH28 0900 0000 1509 0419 1
Account no.: 15-90419-1
20 Chemin Pré-Cartelier
1202 Geneva, Switzerland.
The Buyer will not be debited of any amount before the validation of his order, to be made within 48 hours.
The transfer of property of the Work intervenes after the complete payment of the price of the Work and its reception by the Buyer. In the event of non-payment of the totality of the price of the Work, the sale will be cancelled and the Work can be put back on sale on the SAV Pages.
4.3 Delivery of the Works
The delivery of the ordered Works is made to the address indicated by the Buyer in the order form, during business hours and according to the terms and conditions provided by the delivery service provider. Such delivery will be made by the Seller or possibly by SWISS ART VALUE via a carrier, if the Seller has placed his Work in deposit with the latter.
You will be informed by e-mail of the date of sending of your parcel, which will in any case be given to you in person against signature. If you are absent at the time of delivery, a calling card will allow you to pick up the package at the post office or at the nearest partner relay station, depending on the carrier.
Upon receipt of the Work, the Buyer is required to check its condition, and if necessary, to report any non-conformity of the Work, and this within a maximum of 48 hours from its receipt. This report is to be made to SWISS ART VALUE by e-mail at firstname.lastname@example.org or by private message on the SAV Pages. The Buyer is obliged to document any non-conformity, in particular by taking photos. SWISS ART VALUE will contact the Seller, or if need be, the carrier, who will be obliged to respond for the possible non-conformities reported by the Buyer.
If the Work has not been previously deposited at SWISS ART VALUE, the obligations of delivery, namely the respect of the announced deadlines, the quality of the packaging of the Work, as well as its conformity to the description posted on the SAV Pages are solely the responsibility of the Seller, the liability of SWISS ART VALUE can in no way be engaged in case of any failure of the latter.
The descriptions of the Works on the SAV Pages are made in good faith according to the information received from the Seller. SWISS ART VALUE declines all responsibility in this respect.
The authenticity of the Works, the assignments, the period, the marking as well as the signatures, dates, materials, the quality of the stones, the condition and possible repairs, as well as the dimensions and weight must be verified by the Buyer.
Expert opinions attached to the objects or those requested from experts are only the expression of opinions for which no liability is accepted.
6. INTELLECTUAL PROPERTY
The systems, software, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) exploited by SWISS ART VALUE within the framework of the SAV Pages are protected by intellectual property rights.
Any disassembly, decompilation, extraction, reuse, copy and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of SWISS ART VALUE, or the Sellers if necessary, are strictly prohibited and may be subject to legal action.
SWISS ART VALUE reserves the right to modify at any time the present general terms and conditions.
The users will be informed of these modifications by any useful means or, in any case, through an access to the modified general terms and conditions of sale at the time of any order placement following such modifications.
8. PERSONAL DATA PROTECTION
SWISS ART VALUE collects and stores the personal data of the Buyer and the Seller for the good execution of the present contract.
In application of the Swiss Law, the Buyer and the Seller have a right of access, modification, rectification and deletion of the personal data concerning them processed within the framework of the services of SWISS ART VALUE, as well as the right to oppose to the communication of these data to third parties for justified reasons by sending a request to the following address: email@example.com.
SWISS ART VALUE reserves the right to keep certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus kept will be limited to what is strictly necessary for the exploitation of the service.
SWISS ART VALUE commits itself to put all measures in place in order to best protect confidentiality of the information provided by the Buyer and the Seller.
9. APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale are governed by Swiss law.
Any dispute concerning the validity, interpretation or execution of the present general terms and conditions must be brought before the competent courts of Geneva.