General Terms and Conditions
VivaArte.online is an online marketplace which showcases works of art created by artists from around the world on the online platform for sale to an international audience.
1. Subject Matter and Scope
Peter Rapp AG, Toggenburgerstrasse 139, CH-9500 Wil, Switzerland, operates an online marketplace for art and art objects under the VivaArte.online brand.
The version of the following General Terms and Conditions valid at the time of the order (hereinafter: GTCs) shall apply to the business relationship between Peter Rapp AG (hereinafter: VivaArte.online or Online Shop) and the customer (hereinafter: Buyer) for any business conducted via the online shop or via any other distribution channel operating under the VivaArte.online brand.
Any differing contractual provisions, also those which the Buyer declares to be applicable upon accepting the contract, shall only apply if and insofar as they have been expressly accepted by VivaArte.online in writing. VivaArte.online reserves the right to change these GTCs at any time.
Any purchases made via VivaArte.online shall be concluded directly between the Buyer and the Seller (artist). VivaArte.online shall not be deemed a reseller under any circumstances. In all cases, VivaArte.online shall act as a broker, bringing together Buyer and Seller. VivaArte.online shall not be party to the purchasing contract, which shall exclusively be concluded by the Buyer and the Seller (artist).
The Buyer shall fully recognise and accept these General Terms and Conditions. The Buyer shall expressly confirm acceptance of these General Terms and Conditions during the electronic order process.
All works / art objects presented on VivaArte.online shall be offered for sale, contingent on actual availability. Detailed information on a work of art as well as photos and additional details shall be provided with each work / art object and shall be accessible to the Buyer.
The Buyer may then place the selected work / art object into the shopping basket and will then be prompted to enter his / her personal details including place of residence and delivery address. Before sending the order, the Buyer will have the opportunity to check the information entered and correct it if necessary. When ordering, the Buyer will be informed about his / her share of the postage, packaging and insurance costs.
If a work is no longer available, the Buyer shall be informed of this fact by VivaArte.online as soon as possible and no later than after 48 hours. In this case, the order will be cancelled.
4. Purchase Price and Payment Options
The purchase prices of all works / art objects are listed in euros on the VivaArte.online website. All payments must be made in euros. Payments in other currencies shall be subject to the express prior approval by VivaArte.online. VivaArte.online charges a lump sum (share of costs) for shipping and comprehensive insurance cover for the work of art. The fees are set according to country or continent and clearly visible on the VivaArte.online website.
Buyers may use any of the payment options listed in the online shop under “Payment Options”.
Payments by credit card are subject to validation and approval by the card issuer. VivaArte.online shall be entitled to transfer the Buyer’s personal data to third parties to the extent necessary for said validation. Should the card issuer deny approval of the payment, we shall not be liable for delayed delivery or non-delivery. If the payment still cannot be completed after 15 days, the Seller shall reserve the right to cancel the order.
If the Buyer fails, or partly fails, to meet payment obligations, all unpaid amounts owed by the Buyer to VivaArte.online under any title shall be payable immediately (in the case of advance payments within 7 calendar days after the 1st reminder), and VivaArte.online shall be entitled to claim them immediately and cease any further deliveries of products to the Buyer.
At the end of the set period for payment, the Buyer shall be in default without further reminder, and shall be liable to penalty interest of 5% p.a. Furthermore, VivaArte.online shall be entitled to invoice a penalty fee of up to 20 euros per reminder as well as additional fees, in particular to cover the costs of any collection procedures. The Buyer agrees that the Seller may transfer the client data to an external collection agency in order to collect any unpaid receivables.
5. Delivery of Works / Art Objects
The Buyer must enter their residential or work address as well as a delivery address with the order. In cooperation with the Seller (artist), VivaArte.online will organise the shipping of the work / art object. VivaArte.online collaborates with qualified and tested shipping companies. However, VivaArte.online does not have any influence on exact deliver times and shall not be liable or responsible for delayed delivery.
Any import duties and customs duties are no case paid for by VivaArte.online or the Seller (artist) and must be paid by the Buyer in all cases.
The Buyer agrees to check the state of the work / art object upon receipt without delay. Any damage or reservation must be reported to VivaArte.online by email immediately and no later than after 48 hours.
6. Right to Return
The Seller grants the Buyer a right to return for a period of 7 days. The 7-day period shall start on the date on which the Buyer receives the order. The following are prerequisites for the right to return: All returned works / art objects must be complete and intact. Certificates and labels as well as any protective sheets are part of the scope of delivery and must also be returned. The works must be properly packaged. VivaArte.online provides detailed packaging guidelines. Returns must be announced to VivaArte.online within the 7-day period under all circumstances. VivaArte.online shall organise the return shipping including insurance.
The refund is the only form of payment made by the Seller in the case of a return. An exchange of the goods is excluded. The refund shall not be made until the Seller has received the returned goods and they have been inspected for quality.
7. Transport Damage
If goods are delivered with obvious transport damage, the Buyer shall immediately inform VivaArte.online of the defect and document the damage by taking photographs. Failure to lodge a formal complaint or to inform VivaArte.online of said defect shall not have any effect on the legal claim and its assertion, in particular as regards warranty rights (see, however, the obligation to provide timely notification of defect).
8. Copyright, Image Rights and Intellectual Property Rights
The Seller (artist) shall guarantee the Buyer that he / she is the creator of the work / art object. The image rights and the moral right shall remain with the artist even after the work has been sold. Any other agreements must always be made between the Seller (artist) and the Buyer in writing.
VivaArte.online’s liability for slight negligence shall be excluded. Liability for assistants shall be completely and explicitly excluded.
VivaArte.online shall, in particular, not be liable for damage which can be attributed to one of the following causes: (i) storage, placing or use of the goods which is improper, contrary to the contract or contrary to law, (ii) use of incompatible replacement parts or accessories, (iii) lack of maintenance and / or improper modification or repair of the goods by the Buyer or a third party, (iv) force majeure, in particular damage from events such as natural disasters, humidity, fall and impact, etc., for which the Seller is not responsible, as well as official orders.
10. Data Protection
VivaArte.online only saves data which are necessary to provide customer service. Personal data is never be passed on to third parties without the Buyer’s knowledge. This excludes data which are necessary for fulfilling orders, processing and checking payments, and conducting credit checks as well as for statistical analysis.
To conclude the order, the Buyer will be asked to enter personal data, including email address and gender. The Buyer must also provide his / her address for the order to be processed. Any other personal data may be given voluntarily. VivaArte.online uses such data for data processing and marketing, e.g. sending newsletters.
10. Applicate Law, Place of Jurisdiction
Swiss law shall apply exclusively. With respect to consumers, this choice of law shall apply only to the extent that the consumer is not deprived of the protection afforded to him / her by the mandatory consumer protection provisions of the state in which he / she has his / her habitual residence. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded. Any disputes arising from or in connection with these General Terms and Conditions shall be subject to the jurisdiction of the competent court in Wil / SG / Switzerland. However, the Seller shall reserve the right to bring an action against a debtor, if necessary, also at the debtor's place of residence.