GENERAL TERMS AND CONDITIONS

Preamble

We are pleased to see that you are interested in purchasing one or more works of art offered on this website. The following GENERAL TERMS AND CONDITIONS (GTC) apply to all our legal relations. Please read them thoroughly and carefully.

§ 1 Object of Purchase

Object of Purchase is the work of art/are the works of art of your choice, which you have found on our website www.bokeh-art.com. Please note that the presentation on our website only represents a non-binding offer.

We would further like to point out that Bokeh Art uses different presentations of framed artworks on the website, in particular a 3D visualization to help facilitate your choice. In comparison with the end product, this can result in slight deviances of color and texture. Bokeh Art does not assume liability for such deviances.

§ 2 Conclusion of Contract

Your order represents an offer to enter into a sales contract. After placing your order you will receive an e-mail confirming the receipt of your order and listing all the order’s details (order confirmation). This order confirmation does not yet represent our acceptance of your offer. The final sales contract, in fact, is concluded upon receipt of your payment.

Most of our artworks are offered only in limited editions. We therefore reserve the right to reduce the quantity of an order.

§ 3 Complaints, Liability, Right of Return

You are to inspect the delivered artwork immediately upon delivery for the features warranted and for potential evident defects. You may refuse to accept the delivery if there is an obvious defect visible upon first sight (package heavily damaged/open, artwork visible, audible breakage of glass).

In all other cases you are to issue a reservation to the carrier, immediately inspect the delivered good and inform us explicitly and in writing (by e-mail) about the detected defect within two days. We will then contact you in order to determine the further procedure.

After expiry of the aforementioned two-day deadline liability will only be assumed for hidden defects. This will be done so during a period of a maximum of two years.

Neither will liability be assumed for alterations to the artwork due to its natural aging process. This also applies to any damage due to improper storing or treatment. It is important to consider that photographs under acrylic glass and frames are not to be exposed to direct sunlight, nor are they to be hung directly above any heat source and neither may they be exposed to humidity exceeding the level of normal living quarters. Furthermore acrylic glass and frames are both very scratch- and stain-sensitive and should therefore only be handled while wearing gloves or other comparable protection.

Any liability is limited to the amount of the selling price. The liability for any consequential damages is explicitly excluded.

We would like to inform you that the general right of return is excluded for all artworks of Bokeh Art because these works are custom made upon your request and individually finished according to your preferences.

In some exceptional cases you can cancel your order before production has been started. The production starts as soon as the payment has been authorized or received. If you have chosen payment per credit card or paypal, production starts immediately after the payment has been authorized, in which case cancellation of the order is no longer possible. If you have chosen bank payment or invoice, you can cancel your order before we have received the payment. If you would like to cancel your order, please contact us immediately at info@bokeh-art.com or by phone +41 (0) 43 817 80 33 (Monday-Friday 09:00-17:00). Should you have made the payment before the order has been cancelled, we will return the full amount in the case of valid revocation.

§ 4 Delivery

Unless agreed otherwise, the delivery will be made to the buyer's address respectively to the delivery address specified by the buyer. Information concerning the delivery deadline is not binding, unless the date of delivery was explicitly agreed upon. Bokeh Art bares the shipping costs in Switzerland, Germany and Austria.

§ 5 Certificate of Authenticity with Signature

Bokeh Art is entitled to send the certificate of authenticity with the artist’s signature and the edition details separately and deferred. Should the buyer be entitled to return an artwork based on a justified claim and should he already have received the certificate of authenticity, he is to return the certificate with the artwork.

§ 6 Payment

The payment of the purchased artwork/of the purchased artworks, is generally due in advance and payable exclusively by credit card/Paypal/Bank Transfer. The production will get started only after the payment has been received. Upon a justified request, a payment by invoice can be agreed on if a minimum of two orders has been placed in Switzerland and the order amount does not exceed CHF 1'000.

§ 7 Reservation of Proprietary Rights

The delivered artworks remain in the property of Bokeh Art until full and final payment.

§ 8 No Granting of Rights, Exhibitions

The purchase of a photographic print entitles you only to the works’ physical property right (in rem). Rights of use of any kind are not granted. Any reproduction (duplication), distribution, letting, public disclosure or any other analog or digital exploitation is therefore not permitted. You may however resell the print.

The public exhibition of acquired works of art always requires the artist’s prior express consent.

§ 9 Collection, Processing and Use of Personal Data

Data and information that we receive from you helps us personalize and continually improve your shopping experience at Bokeh Art. We use this information not only for the processing of orders, but also for the delivery of goods and the provision of service, as well as the processing of payments (for purchases on invoice also for possible mandatory verifications). The obtained information will not only help us stay in contact with you, but also inform you about your orders, further products, marketing offers or update you via the Bokeh Art newsletter. With your consent we will gladly recommend further products or services that could be of your interest. And last but not least we will also use your information to constantly improve our offer, prevent our website from abuse or help third parties acting on our behalf, enable the implementation of technical, logistical and or other services.

§ 10 Applicable Law, Place of Jurisdiction

Swiss law exclusively applies to this GTC. Mandatory place of jurisdiction is the respective domicile of Bokeh Art.