1. Scope and Contracting Party

These Terms and Conditions apply to all sales of artworks by Robin Roth (hereinafter referred to as the “Artist”) to customers (hereinafter referred to as the “Customer”). The contracting party is Robin Roth.

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2. Offer and Conclusion of Contract

a. The presentation of artworks on the website or in other media does not constitute a legally binding offer, but an invitation to submit a purchase request.

b. A binding purchase contract is concluded once the Artist confirms the order in writing (e.g. by email) or dispatches the artwork.

 

3. Prices and Payment Terms

a. All prices are stated in Swiss francs (CHF), unless otherwise indicated, and do not include shipping costs or applicable taxes, unless expressly stated.

b. Payment is due in full prior to shipment, unless otherwise agreed in writing.

c. The Artist reserves the right to refuse delivery in the event of late or incomplete payment.

 

4. Delivery and Transfer of Risk

a. Delivery is carried out by postal or courier service to the address provided by the Customer.

b. The risk passes to the Customer upon handover of the artwork to the shipping service provider.

c. Delivery times are non-binding unless expressly agreed otherwise.

 

5. Nature of the Artwork

a. All artworks are original works of art. Due to the artistic process, minor variations in color, texture, or appearance may occur and do not constitute defects.

b. Images of artworks on the website may differ slightly from the original due to screen display settings.

 

6. Right of Withdrawal and Returns

a. As artworks are unique and individually created items, returns or exchanges are excluded, unless the artwork is damaged during transport.

b. Any transport damage must be reported to the Artist in writing within 7 days of receipt, including photographic documentation.

 

7. Copyright and Usage Rights

a. The copyright to all artworks remains with the Artist, unless expressly agreed otherwise in writing.

b. The purchase of an artwork does not grant the Customer any reproduction, distribution, or commercial usage rights.

 

8. Liability

a. The Artist shall only be liable for damages caused by intentional or grossly negligent conduct.

b. Liability for slight negligence, consequential damages, or loss of profit is excluded to the extent permitted by law.

 

9. Data Protection

The Artist processes personal data of the Customer exclusively in accordance with applicable data protection laws, in particular Swiss data protection regulations. Personal data is used solely for the purpose of contract performance.

 

10. Governing Law and Jurisdiction

a. These Terms and Conditions are governed by Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

b. The place of jurisdiction shall be Zurich, Switzerland, unless mandatory statutory provisions provide otherwise.

 

11. Severability Clause

Should any provision of these Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original provision.

 

By purchasing an artwork from Robin Roth, the Customer accepts these Terms and Conditions.