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Galerie Eva Presenhuber Publications
General Terms and Conditions of Sale
These General Terms and Conditions of Sale define the contractual relationship:
Commercial Register of Canton Zurich (UID): CH-109.446.087,
referred to below as “Galerie Eva Presenhuber”;
Any natural or legal person visiting or making a purchase on his own behalf or for a third party, referred to below as “Customer,” on www.presenhuber.com/publications, referred to below as “Site”;
1. CONDITIONS FOR PLACING AN ORDER
Any Customer who places an order in a private capacity on the Site declares that he is above the age of 18 and has the legal capacity or, in the absence thereof, parental authorization enabling him to enter into the contract.
Should these conditions not be respected in accordance with the indications given in the present contract or to settle a possible dispute, Galerie Eva Presenhuber reserves the right to contact the legal guardian of the person concerned directly. Galerie Eva Presenhuber is authorized, in particular, to require the guardian of the Customer to pay for all orders contracted by the Customer concerned.
2. CONCLUSION OF CONTRACT
Information appearing on the Site does not constitute an offer in the legal sense of the term; such an offer is constituted only by the confirmed order placed between the Customer and Galerie Eva Presenhuber.
Every web surfer has access to the General Terms and Conditions of Sale on the Site. Any order placed, therefore, signifies full acceptance without exception and without reservation of the conditions set out in the present contract. The Customer who has made a purchase on the Site, therefore, declares that he is fully cognizant of these terms and conditions and cannot claim otherwise in the event of any dispute.
Galerie Eva Presenhuber will send the Customer an e-mail confirming the order to the electronic address provided during the ordering process. The confirmation e-mail is Galerie Eva Presenhuber’s acceptance of the order and therefore constitutes the contract of sale between the Customer and Galerie Eva Presenhuber, governed by the General Terms and Conditions of Sale set out in the present contract. Galerie Eva Presenhuber will then proceed to process the order in compliance with the clauses set out in the present contract.
3. PRICE POLICY
The prices displayed on the site are expressed in EURO. Taxes applicable in Switzerland will be calculated upon the Customer adding a shipping address in Switzerland or selecting the option “Pick up.” Galerie Eva Presenhuber is not responsible for any customs or import charges the Customer may incur when shipping to an address in a country other than Switzerland. Shipping costs are calculated upon the Customer adding his shipping address in Switzerland, the United States of America, Austria, Belgium, France, Germany, Italy, Netherlands, Spain, or the United Kingdom. Shipping costs will be added to the cost of the goods and presented to the Customer during Checkout.
The price displayed on the Site when the Customer places an order is guaranteed and corresponds to the price of the good which will be invoiced, regardless of any subsequent upward or downward variation in the price and the reasons for such change.
Each publication appearing on the Site is currently available. However, this information is provided for guidance only. In case a publication proves to be unavailable, the Customer will be informed.
5. CONDITIONS OF DELIVERY
5.1 Delivery options
On the Site, the Customer has a choice between the two following delivery options:
– Free local pick-up
Galerie Eva Presenhuber can make the goods available to pick up at Maag Areal, Zahnradstrasse 21, 8005 Zurich, Switzerland.
Free local pick-up enables the Customer to collect an order from the gallery without incurring shipping costs. Once the Customer has been notified that the order is available for collection via e-mail, the Customer may then take possession of the goods within a time frame of three weeks (working days).
Should it prove impossible for the Customer to collect the order within this time frame, the Customer must inform Galerie Eva Presenhuber, via e-mail to email@example.com, at the earliest opportunity to extend, if possible, the pick-up of the goods ordered. Once this time frame of three weeks has expired, and Galerie Eva Presenhuber has received no notification from the Customer, Galerie Eva Presenhuber will consider the contract void and refund the Customer for the goods purchased.
– Delivery via Swiss Post
Galerie Eva Presenhuber will hand over the order to our delivery partners (Swiss Post) within 2-4 working days after the order has been placed and an order confirmation sent to the Customer. Galerie Eva Presenhuber will not process and hand over orders between December 20, 2021, and January 5, 2022.
Galerie Eva Presenhuber uses Swiss A-Post with tracking for all orders to Switzerland, the United States of America, Austria, Belgium, France, Germany, Italy, Netherlands, Spain, and the United Kingdom.
5.2 Shipment and packaging costs
Depending on the country to which an order is dispatched and the delivery option chosen by the Customer during the checkout process, the Customer may have to pay separate shipment and packaging costs over and above the value of the goods ordered.
5.3 Customs duties
Any customs duties and taxes specific to each country, save for deliveries in Switzerland, are the Customer’s responsibility and payable by the Customer over and above the value of the order and the cost of shipment and packaging. According to the law in force in the destination country, customs duties and taxes may be duly collected from the addressee of the parcel even if they are only an intermediary. It is, therefore, the Customer’s responsibility to seek information from the responsible authorities in the destination country, especially in the case of a gift parcel.
6. METHODS OF PAYMENT
Galerie Eva Presenhuber only accepts payments with credit card via Mollie.
7. CONDITIONS AND TIME LIMITS FOR EXERCISING THE RIGHT OF WITHDRAWAL
7.1 Right of withdrawal
Any Customer who has placed an order on the site has the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by you acquires, physical possession of the good.
To exercise the right of withdrawal, the Customer must inform Galerie Eva Presenhuber of their decision to withdraw from this contract via e-mail to firstname.lastname@example.org and include the order number.
7.2 Effects of withdrawal
If the Customer withdraws from this contract within 14 days, Galerie Eva Presenhuber shall reimburse all payments received, including shipping costs (any additional fees are not included). Galerie Eva Presenhuber will withhold reimbursement until the goods have been returned to the following address no later than 14 days from the day on which the Customer communicated withdrawal from the contract.
Galerie Eva Presenhuber
The Customer must bear the direct cost of returning the goods to the above address via a courier of the Customer’s choice with tracking. The goods must be returned in perfect condition and in the original packaging. Galerie Eva Presenhuber is not responsible and will not reimburse the Customer for any goods lost if sent by the Customer without tracking.
8. LEGAL INFORMATION
8.1 License for access to the Site
The Customer is permitted to access and use the Site purely for their own personal purposes and shall not under any circumstances, save with Galerie Eva Presenhuber express written agreement and on pain of legal proceedings, use the Site or any of its contents for commercial purposes or for any other activity which is liable to be prejudicial to us.
8.2 Applicable law
All the clauses set out in the present general terms and conditions of sale, and in all the purchase and sale transactions referred to therein, fall under the sole competence of Swiss courts and will therefore be governed by Swiss law.
8.3 Protection of personal data
Regardless of the nature of the personal data that is collected automatically in Checkout, Galerie Eva Presenhuber endeavors to treat said information in the strictest confidence and to use it solely to process an order(s) and to contact the Customer regarding their order(s).