Terms and conditions

Legal basis for your art purchase

General terms and conditions of Galerie Schwind GmbH, which operates artserver.

1. Scope

The following terms and conditions of Galerie Schwind GmbH apply to all orders placed on our website artserver.de. Our online shop is aimed exclusively at consumers.

A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional (Section 13 of the German Civil Code, BGB). A “business” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of its commercial or self-employed professional activity (Section 14 BGB).

2. Contracting party, conclusion of contract, correction options

By listing products in the online shop we do not make a binding offer to conclude a contract for these items. You may first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button “Buy”. Immediately after submitting the order you will receive a confirmation by email.

The purchase contract is concluded with Galerie Schwind GmbH, represented by managing director Paul Gathof, Springerstraße 5, 04105 Leipzig, Germany.

Consumers are generally entitled to a statutory right of withdrawal.

Information on withdrawal

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Galerie Schwind GmbH, Springerstraße 5, 04105 Leipzig, Germany, info@artserver.de, phone: +49 341 2539880) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

3. Contract language, storage of contract text

The language available for conclusion of the contract is German.
We store the contract text and send you the order data and our terms and conditions in text form.

4. Delivery conditions

In addition to the stated product prices, shipping costs apply. Shipping costs depend on the product and quantity and are calculated at checkout.

Delivery is made exclusively by shipment to the delivery address specified by the customer. Depending on the order, via Deutsche Post, Hermes, Internationale Kunsttransporte Björn Kowalik or GO! Logistik. Collection in person is unfortunately not possible. We do not deliver to parcel locker stations.

5. Payment and prices

The prices stated in the shop are total prices including statutory VAT. Shipping costs are added separately.

Payment methods:

  • Advance payment: Bank details are provided in the order confirmation. Delivery after receipt of payment.
  • Credit card: Your card is charged immediately after the order is placed.
  • PayPal: The payment transaction is processed immediately after the order is placed.

6. Retention of title

The goods remain the property of Galerie Schwind GmbH until payment has been made in full.

7. Transport damage

If goods are delivered with obvious transport damage, please report such damage to the carrier if possible and contact us without delay. Failure to report damage has no effect on your statutory claims. However, it helps us to assert our own claims against the carrier or transport insurer.

8. Warranty and guarantees

Statutory rights for defects apply.

Customer service: You can reach us Tuesday to Friday from 10 a.m. to 6 p.m. and Saturday from 10 a.m. to 2 p.m. on +49 (0) 341 253 98 80 and by email at info@artserver.de.

9. Liability

We are always liable without limitation for claims arising from damage caused by us, our legal representatives or vicarious agents where life, body or health have been injured, where there has been intentional or grossly negligent breach of duty, where a guarantee has been given, and where the scope of the German Product Liability Act applies.

In the event of breach of material contractual obligations (cardinal duties) through slight negligence, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract. Otherwise claims for damages are excluded.

10. Dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Shipping & payment

Shipping costs

Shipping costs depend on the product and quantity and are calculated at checkout. The invoice is issued with delivery and is enclosed with the shipment in paper form.

Payment methods

  • Credit card
  • Advance payment
  • PayPal

Delivery

Delivery of your order usually takes 3–14 business days after receipt of payment. During the winter holidays of Galerie Schwind GmbH no orders can be processed — delays in dispatch may therefore occur. We ship your order via Deutsche Post, Hermes, Internationale Kunsttransporte Björn Kowalik or GO! Logistik.