Terms and conditions
IT IS COMPULSORY TO ACCEPT THE TERMS OF THIS CONTRACT IN THE PURCHASE OF ARTWORK FROM THE VONBEST COLLECTION
This contract is a contract between VonBest®, with intercommunity VAT number DE-202773424, whose business is the gallery VonBest and the virtual gallery www.vonbest.com - alongside other online sales platforms, and the User purchasing artwork as seen in www.vonbest.com
The User accepts and agrees to the Terms and Conditions of this Agreement, and on purchasing a piece of artwork from the webpage www.vonbest.com, acknowledges having read, understood and accepted the General Terms and Conditions of sale of this Agreement.
Internet is the principal means of communication between the Buyer and VonBest, establishing the sale as a Public act through voluntary participation.
VonBest acts as a gallery, representing and selling the artwork of artists that appears for sale on the online sales platform www.vonbest.com. VonBest has been given authorisation by these artists to facilitate the acquisition of their artwork that appears on the VonBest Website, and to sign the terms of agreement. The artwork is sold as separate pieces of art of the collection, having been granted the corresponding rights of operation by the artists, to proceed in accordance with the terms of this contract.
The reproductions of the artwork that appear on the online sales platform are extremely reliable, although there is a possibility that the colors are not exactly the same, that there are very slight variations in the measurements, or that there are tiny distortions in the image.
The Terms and Conditions accepted by the User in the purchase of artwork are as follows:
1- These Terms and Conditions are a Legal Agreement between the User and VonBest
2- The User states and guarantees that:
a) He/she is 18 years old or older and act on behalf of him/herself, in their own name and right, and has the legal capacity and right to contract and bind and, as a consequence, accept the terms and conditions of this contract.
b) He/she will not allow anyone else to use his/her username or password to access the online sales platform www.vonbest.com, and so negotiate in their name
c) He/she will not break the agreements made in this contract
d) The information and data that he/she has provided to the VonBest Website are exact and true, including and without restriction, bank card data and other bank account data.
3-The User understands and accepts that VonBest may, at its own discretion:
a) Trace any possible abuse of their username and password in relation to the VonBest Website or with this Agreement
b) Immediately close down the user’s account if it detects that the User uses or is trying to use automated means to download the contents in violation of the law (including Intellectual Property rights deriving from the artwork that appear in www.vonbest.com)
c) Close down the user’s account, without prior warning, if VonBest finds that there is a breach of this Agreement and/or any abuse with regards to the user’s username or password.
4- The user declares entire acknowledgment of the conditions of purchase and personal data protection relative to the VonBest business, as it appears on their Website www.vonbest.com, and as it is reflected entirely in the following paragraph:
CONDITIONS OF SALE AND PRIVACY POLICY
4.1- Purchase/Reserve:
The order made by the user represents an offer made to VonBest to seal this purchasing contract. On completing an order on www.vonbest.com the user will receive an email, to confirm its receipt, containing detailed information of the purchase. This confirmation does not represent a definite acceptance, as the sale and purchase contract is deemed formalised only when VonBest send the product to the client, together with a confirmation email. Shipment will be carried out on condition “sine qua non” that the stipulated quantity has been paid and received into the VonBest account, using one of the agreed methods.
The Artwork of the VonBest collection can be purchased in the following way:
A) Artwork exhibited in our gallery, overseas exhibitions or art fairs:
Artwork on display at our Eimersleben gallery, overseas exhibitions and fairs can be bought on site.
B) Artwork available online:
If the delivery address is within the European Community, Artwork can be bought by making an immediate purchase on the website www.vonbest.com.
If the delivery destination lies outside of Europe, the user/client needs to send an order form to VonBest by email. The order becomes valid upon receipt of payment into the VonBest account of the corresponding artwork and any other subsequent transport and customs fees. If within one week there is no verification of payment, VonBest will send email correspondence to cancel the order.
C) Artwork not available online: :
If the User/client is interested, a request application form can be completed and sent to VonBest to make the purchase. After verifying availability, and if affirmative, VonBest gives one week to arrange payment by bank transfer. If this does not happen, or there is no proof of receipt within the said one week, VonBest will communicate via email the termination of the order.
Prices of the artwork found in our e-commerce stores include V.A.T. (Value Added Tax). Purchases made by VAT taxpayers (businesses, institutions, organizations…) with EU residency - except Germany - and with VAT number for intra-Community supplies, are exempt from VAT, on condition of sending said document by email to info@vonbest.com. Purchases made by natural or legal persons resident in non-EU countries will be exempt from paying VAT.
Orders to PO Boxes will not be processed.
The purchasing system is subject to the existing legislation of Germany; hence sales transactions are considered to be carried out at the registered office of VonBest, situated at 33 Müggenburg Street, 39343 Eimersleben (Germany).
4.2- Guarantee of Authenticity:
All works of art are sold with a certificate proving its authenticity, signed by the artist, guarantying the artwork to be unique and original. It is also accompanied with the registration number of the artwork, which has been previously registered with the relevant intellectual property registry.
4.3- Return and refund Guarantee:
A) Artwork purchased in our gallery, at a fair or foreign exhibition
Artwork bought from an exhibition, whether on our premises or at an external location such as a fair, a museum, etc., cannot be exchanged or refunded.
Because of this the client agrees to examine the piece of artwork in detail, looking for possible defects, or variations in the fundamental characteristics of the artwork description, before buying it.
If the artwork is purchased within six months after the initial in-situ observation in our gallery, or at a fair or foreign exhibition, it is categorised as “Artwork purchased in our gallery, at a fair or foreign exhibition”
B) Artwork acquired at our online gallery or through the gallery classified as work unavailable online or non-communitarian shipments.
If the User/client wishes to cancel their order, VonBest must be informed as soon as possible, no longer than 6 hours after formalising the order. From this moment on it is probable that the item purchased has started to be transported to its destination, and the shipment cannot be stopped. In this instance, you will be charged transport and return costs.
For clients/users of the European Community who decide on a refund according to the terms specified in VonBest’s General Terms and Conditions, there is a table under the “Terms and shipping rates” link accessible at www.vonbest.com, where shipping costs to be returned to VonBest can be found. In all other cases return shipping costs of refunds to VonBest are the economical-equivalent of the invoiced delivery shipping costs.
The work of art is protected by intellectual property rights, as it relates to articles susceptible to being copied. The User/client and buyer can return the artwork within seven days after its receipt, whilst retaining its original package - not having been opened or damaged - with tags attached, and returning it in perfect condition. In this case transport and return costs, including customs charges and local taxes if abroad, will be the client’s responsibility.
The client also has seven days from the moment of receipt to return an item if shipment error is detected, or if the artwork is damaged. Note: In this case when you open the outer packaging you will see that the artwork is protected by a second transparent wrapper that allows you to see the piece without having to break open the package. You will lose the right to a refund by handling intellectual property artwork susceptible to reproduction, without consent of the legitimate holder of rights, on opening the second package.
VonBest will refund the total amount of the purchase subject to verification that there has been an error on VonBest’s part, and the client has complied with the policy regarding the second packaging previously mentioned. If the return is for another reason or is late, refund costs will not be granted.
If for any reason a return needs to be processed, you must contact VonBest by email to request the address where the return needs to be sent. VonBest reserves the right not to accept the return if the item is not found in the same state in which it was sent.
The refund of each amount will be processed in the same way in which it was paid. Within 24 hours after the refunded item is received, the company will send a confirmation email of receipt. In the event that it is the weekend, and is it therefore not feasible to meet this deadline, a confirmation email will be sent on the first possible working day.
Throughout communication with the consumer as many observations as necessary will be made regarding the order. In this way the company can communicate, if necessary, by reporting on delivery times or other incidences relating to the order.
4.4- Claims:
For whichever type of claims, the user/client can contact VonBest using the email address info@vonbest.com, or by calling the telephone numbers advertised on the online sales platform www.vonbest.com.
4.5- Delivery deadlines and forms:
Once payment of the item is received VonBest is committed to processing the shipment of the item within a minimum of 3 working days. The estimated delivery time is between 2 to 7 working days depending on the destination, on the size of the piece of artwork, and the carrier. Postage will be processed with the artwork completely protected and sent with documentation relevant to the artist and the artwork.
Unless otherwise agreed the delivery will take place at the address given by the client. By means of our personal as well as on the Website of VonBest you will find information about the different types of delivery. This data is probable and recommended. The arrival and delivery dates are neither guaranteed nor fix.
If VonBest observes, during the coordination of this process, that the piece of artwork has been purchased elsewhere at the same time, it will immediately inform the client. In case online purchase the client will be notify by email.
Clarification
1. VonBest will carry out the handling of your order in a maximum of three working days. The time taken for the package to arrive depends on the transportation company according to the destination region.
2. VonBest is not responsible for additional costs or refunds resulting from local consumer taxes, customs taxes, or similar taxes.
3. VonBest is not responsible (and the User/client expressly disclaims VonBest) for possible damage or anything else that may have occurred to the User/client, or consequences, as a result of computer glitches on the internet server that hosts the online sales platform, being something totally beyond their control.
4. In the case of making a claim, the amount claimed cannot in any event exceed the purchase price.
4.6-Terms and shipping costs :
All shipping costs within the European Community are paid for by VonBest, excluding refunds and in cases specified in article 4.3. VonBest does not cover custom duties on arrival of goods or any other taxes or tariffs that might apply as with Aland Islands, Gibraltar, Canary Islands, Channel Islands, French overseas departments, Büsingen, Helgoland, Livigno, Ceuta and Melilla for example.
Shipping costs outside of the European Community are paid for by the client, apart from those cases specified in article 4.3. For more information go to the “Terms and shipping rates” link at www.vonbest.com.
Customs charges or other taxes (duties) are not included in the postage costs of Non-EU countries. The consignee will have to pay in order to receive the merchandise. The intended recipient will be responsible for all import costs and taxes generated at the destination custom offices, whether the merchandise is delivered, even if they do not accept it.
Delivery of the order will be made in the shortest time possible, but given the circumstances in some non-EU countries, the recipient must take into account the import conditions of the destination country, since VonBest is not responsible for this.
VonBest will not be culpable for any effects produced by strikes, war conflict or other unforeseeable circumstances out of its control. VonBest will not be responsible for any delays in customs, or the confiscation of any part of the merchandise by local authorities.
Shipping costs for all exported products are based on weight, dimensions, and destination. Orders over 5Kg, and large or voluminous items are subject to additional transport costs, and delivery time may vary.
In the event that the client purchases numerous works of art, VonBest has the right to deliver them separately, at no additional cost to the client.
In the event that delivery of the merchandise is not possible, because the client cannot be located at the postage address, the client will still be charged the shipping costs.
4.7- Mode of payment:
You can choose from the following options:
A- Credit or debit card (POS virtual)
This is a secured payment that supports credit cards: Visa, Mastercard, American Express, and debit cards: Visa electron, Mastercard Maestro and American Express.
The system will need the card number, expiry date and the security number found on the back of the card. If using Visa, Mastercard or Maestro a direct connection will be made with the bank.
B- Instantly credit transfer order using payment methods DIRECTebanking.com and sofortüberweisung.de
The platform connects during the online purchase directly to the client’s bank to process the transfer. This way the client does not have to disclose any bank details.
This e-Transfer service is only applicable to following countries: United Kingdom, Germany, Austria, Switzerland, Belgium and The Netherlands.
C- GIRO-PAY
The platform connects during the online purchase directly to the client’s bank to process the transfer. This way the client does not have to disclose any bank details.
This e-Transfer service is only applicable to the following German banks: “Postbank”, “Volksbank” and “Sparkasse”.
D- Credit Transfer Prepayment
Following confirmation of the order the client will receive the bank account details into which they must make the payment in advance. For national clients this will be a national bank account, for international clients this will be a European account.
4.8- Anti-spam legislation: :
It is possible that the server which the client uses for his/her email has a strict anti-spam policy and does not accept our emails, something that is out of our control. In this case, the client can always ask for it to be sent by fax or to another email address.
4.9- Privacy Policy:
In compliance with those provisions set out in the Federal German Law for Protection of the Personal Data (BMSG 2000) as well as the European Guidelines 95/46 EG and 2002/58 EG, VonBest informs its Clients and Partners of the existence of a personal automated data file created with data getting from its webpage. Its aim is to process orders and send information regarding artwork offered on its webpage as well as promotional activities and advertising that might be of interest.
In compliance with the Federal German Law for Protection of the Personal Data the user, at any given time, may exercise their right of access, rectification, cancellation and objection by written request sent to the following email address: info@vonbest.com.
VonBest is committed to respecting confidentiality whilst using the data contained on the file, not to share it with third parties, and to comply with its obligation to guard it, and to take all measures to avoid alteration, loss, treatment or non-authorised access to it, in accordance with the security measures for automated personal data files.
Therefore commercial transactions are conducted in a safe-server environment under SSL (Secure Socket Layer) protocol, with all communications delivered in an encrypted 128-bit code, ensuring the highest level of protection.
VonBest has put into practice all legally-required security measures to protect all personal data supplied by the user. However, VonBest cannot guarantee the absolute invulnerability of its security systems, nor can it guarantee the security or inviolability of such data during transmission over the internet.
5- Industrial Property Rights:
VONBEST owns and has all industrial property rights over the mixed trademark VonBest, both on a national and international level. The User pledges not to violate these rights.
©VonBest - All rights reserved
6- Intellectual Property Rights:
All artwork sold through VonBest is protected by intellectual property rights, and has been properly registered at the Intellectual Property Office, with each work of art obtaining a corresponding registration number. VonBest is also the exclusive holder of all Intellectual Property Rights that arise from the design and content of its online sales platform.
6.1- VonBest sells the artists’ work exclusively as unique collection pieces
6.2- The User pledges to respect intellectual property rights that have not been conceded by the artists of the purchased artwork.
6.3- VonBest acts as a Dealer, so that any dispute regarding the violation of the artists’ rights must be resolved between the proprietor of said rights and the buyer of the artwork. Nonetheless, and in agreement with the buyer, in the case of litigation, VonBest or the artist of the purchased artwork can take this agreement to the corresponding administrative or judicial bodies, in defense of their own rights.
6.4. The User understands that the artwork and its images purchased through VonBest are protected by copyright, and therefore any unauthorised use of them will be considered a violation of rights.
6.5- The User must not use the purchased artwork:
a) In public or commercial advertisements for magazines, newspapers or any other form of mechanical or digital printing, or any other type.
b) As a design element on a Webpage, videogame or CD-ROM, or in connection with a Webpage template, or software product for distribution or use by third parties.
c) As part of promotional material, publicity or marketing, including printed adverts, commercial mail, brochures and commercial presentations.
d) In connection with the business or company of the User, or another person, for example in collective identity documents and letterheads.
e) In a telematic presentation (for example with Power Point).
f) As design elements in video, film, or in television programmes
g) To distribute the images of the artwork found on the Webpage www.vonbest.com, either electronically or by hard copies, unless authorised to do so.
h) Authorise a third party to use the artwork, or images of the artwork, for industrial or commercial purposes.
i) To share images of the artwork using a network, on a CD, or any other method of circulation.
j) To use it, under any circumstances, with automated means or methods or programmes to download the images of the artwork found on the VonBest online sales platform.
k) Under any circumstances, use the images of the artwork as part of pornographic material content, or of obscene, immoral, defamatory or illegal content, or in promotion of products or production of material with sensitive contexts or topics, such as mental, or other similar, health problems.
l) The User will not infringe any intellectual property right that, although not present in the previous paragraphs, has not been expressly granted by this purchase and sell operation.
6.6- In no way can VONBEST, its employees, directors, officials, and all VonBest collaborators, be considered responsible for any damage, indirect, special, accidental, economical or consequential, caused as a result of the infringement of intellectual property rights of third parties. In this respect it will ask the artists that it represents to certify that the artwork brought to VonBest to be marketed, is unique and their own. VonBest may be informed of any violation of intellectual property rights, leading to the automatic withdrawal from its Webpage of the artwork in question, and giving any information it considers useful to the person affected.
6.7. The User must defend, compensate and absolve VonBest, its employees, directors and officials, and all VonBest collaborators and each of their successors, of all responsibility of any damage, obligation, and fees (including reasonable lawyer honoraries, and permitted and authorized filing fees and court costs), that arise from any claim a third party presents, in relation to the misuse by the User of intellectual property rights; as well as those arising from the breach by the User of this Agreement.
7- Applicable legislation
The following laws, among others, will be applicable to this contract:
7.1- Guidelines applicable to e-commerce:
German Civil Code, German Telemedia Law of 31.05.2010, German Law for Protection of the Personal Data of 14.08.2009, EU International Commercial Law (CISG) and EU Guideline 2000/31/EG
7.2- Guidelines applicable to Intellectual property:
German Intellectual Property Law of 17.12.2008
7.3- Guidelines of Industrial Property:
German Trademark Law of 04.08.2009
7.4- Other guidelines:
German Antitrust and Unfair Competition Law of 3.03.2010
8. Salvatory clause
This Agreement form the entire agreement made between the User and VonBest with respect to the subject matter. Should any clause of this agreement be invalid or illegal, this shall not affect the validity or legality of the remaining clauses or the agreement as a whole, and the rest of the Agreement will be interpreted strictly for purposes of the parties’ intentions. If VonBest fails to comply with any provision of this Agreement, it shall not be seen as a disclaimer to comply with the provision. The interpretation and the enforcement of this Agreement will be applied according to the applicable laws thereto
9- Jurisdiction clause
The parties irrevocably submit to the exclusive jurisdiction of German Courts for the determination of disputes arising under this contract, expressly waving any other jurisdiction that may apply. It is fixed as an address for the enquiries, communications and notifications for the company VonBest, which features throughout this document, and for the buyer, the same which constitutes the subject of this contract. .
VonBest reserves the right to change, modify and extend the conditions of purchase. The date of the User’s signature on this contract is the electronic date used to mark when the administration was processed.
Version, October 12th, 2011