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AARDEE Gallery

GENERAL TERMS AND CONDITIONS (GTC) OF AARDEE GmbH

Note: This document is a translation of the original German version of "AARDEE GmbH’s Allgemeine Geschäftsbedingungen (AGB)." In the event of any legal dispute or inconsistency, the German version shall prevail.
 

These General Terms and Conditions (GTC) govern all contracts concluded between AARDEE GmbH (hereinafter referred to as "AARDEE") and buyers (hereinafter referred to as "Customer" or "Buyer") regarding the purchase of artworks.

By confirming a purchase contract or using the website, the Buyer agrees to these GTC.

0. Individual Agreements & Contact

If a buyer does not agree with specific provisions of these GTC or wishes to negotiate individual agreements, they may contact AARDEE at info@aardee.ch. AARDEE may, at its sole discretion, grant individual contractual terms, which must be confirmed in writing by both parties.

1. Scope

A purchase contract between the buyer and AARDEE is concluded when the following conditions are met:

  1. The buyer submits a price inquiry via the website or email.

  2. AARDEE provides a binding offer, including price, payment terms, and delivery conditions.

  3. The buyer confirms the offer and signs the purchase contract.

These GTC apply to all of the aforementioned buyer groups unless individual contractual terms have been agreed upon in writing.

AARDEE does not conduct auctions – all sales are made through individual agreements. A purchase contract is only concluded upon written confirmation by both parties. These GTC must be explicitly accepted before the conclusion of the contract.

2. Conclusion of Contract

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner's right to suspend or cancel a member's account; and much, much more.

To learn more about this, check out our article “ Creating a Terms and Conditions Policy “.

3. Payment

The buyer is obligated to make full payment within 10 days of contract conclusion.

3.1 Payment Methods

  • Cash payment (only for personal collection)

  • Bank transfer (SEPA & international transfers)

  • Cryptocurrencies (Bitcoin – BTC, Ethereum – ETH)

3.2 Price Calculation & Conversion for Cryptocurrency Payments

If the buyer opts for payment in Bitcoin (BTC) or Ethereum (ETH), the exact cryptocurrency amount will be determined as follows:

  • The price in CHF or EUR is converted to BTC or ETH on the payment date based on the real-time exchange rate on CoinGecko or Binance.

  • The exchange rate is fixed for 60 minutes, after which an adjustment may be required.

  • Transaction fees (Gas Fees) are borne by the buyer.

  • Payments from anonymous or unverified wallets are not permitted.

  • The purchase price is final, and no refunds or adjustments will be made due to market fluctuations.

3.3 Payment Default & Sanctions

  • After 10 days of non-payment: Payment reminder.

  • After 30 days of non-payment: Late fee of 5% of the purchase price.

  • After 60 days of non-payment: AARDEE may cancel the contract and resell the artwork.

Buyers who repeatedly fail to pay may be excluded from future transactions. AARDEE reserves the right to pursue legal action and claim full damages.

4. Transport, Risk & Storage

4.1 Transport & Delivery

The buyer bears all transport costs, insurance costs, and any applicable customs duties and taxes. Upon request, AARDEE can arrange a transport service provider, but assumes no liability for damages incurred during transport.
 

4.2 Transfer of Risk

The risk of loss or damage to the artwork passes to the buyer upon handover to the transport service provider. According to Article 185(2) of the Swiss Code of Obligations (OR), the risk for a purchased item transfers to the buyer once the goods have been handed over to the carrier.
 

4.3 Storage & Collection

The buyer may personally collect the artwork within 14 days of payment receipt. If the artwork is not collected within 30 days of purchase, a storage fee of 2% of the purchase price per month will apply.

If the artwork remains uncollected for more than 6 months, AARDEE is entitled to resell the artwork without any right to a refund for the original buyer.

5. Transfer of ownership

Ownership of the artwork is transferred to the buyer only after full payment has been received. Prior to full payment, the artwork may not be resold, pledged, or otherwise encumbered.

If the buyer fails to make payment, AARDEE is entitled to resell the artwork without prior consent to cover any incurred losses.

member's account; and much, much more.

 

To learn more about this, check out our article “ Creating a Terms and Conditions Policy “.

6. Authenticity & Attribution

6.1 Authenticity Guarantee

AARDEE sells artworks based on the best available expertise and provenance verification. If a buyer has doubts about the authenticity of a purchased artwork, they must submit written proof within 6 months of purchase, supported by at least two independent expert assessments.

If the artwork is confirmed to be a forgery, it will be returned, and the purchase price will be refunded.

​

6.2 No Guarantee for Attribution

All information regarding provenance and attribution is provided to the best of AARDEE’s knowledge but without guarantee.

AARDEE assumes no liability for changes in market value after the purchase.

 member's account; and much, much more.

7. Export, Import & Customs

The buyer is solely responsible for complying with all export, import, and customs regulations. If an export permit is required, it is the buyer’s responsibility to obtain it.

AARDEE is not liable for delays or costs associated with customs clearance.

8. Terms of Use

8.1 Website Use & Copyright

  • All content on www.aardeegallery.com (images, texts, catalogs) is protected by copyright.

  • Reproduction, distribution, or use of any content without explicit permission is prohibited.

8.2 Data Protection & Personal Data

  • Personal data is processed in compliance with GDPR and Swiss Data Protection Law (DSG).

  • Customer data is not shared with third parties, except where required for transaction processing.

9. Jurisdiction & Applicable Law

Swiss law applies. The exclusive place of jurisdiction for all disputes is the registered seat of AARDEE in the municipality of Muri, Canton Bern, Switzerland.

10. Severability Clause

If any provision of these GTC is found to be invalid, the validity of the remaining provisions shall remain unaffected.

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