TERMS & CONDITIONS

0. Individual Agreements & Contact
If a Buyer does not agree with certain points of these GTC or wishes to make individual agreements, they may contact us at any time at info@aardee.ch. We strive to find a solution together to enable the purchase of an artwork.

​

1. Scope of Application
These GTC apply to all sales of artworks conducted via the website www.aardeegallery.com or through direct contact with AARDEE.

AARDEE sells artworks exclusively directly to Buyers. The Buyers include:

• Private individuals (art lovers, collectors, investors)

• Businesses (hotels, office buildings, galleries, art dealers)

• Institutional buyers (museums, cultural institutions, art foundations)

• Project developers (architects, interior designers, designers)

These GTC apply to all the above-mentioned Buyer groups unless individual contractual conditions have been agreed upon in writing.

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

​

2. Conclusion of Contract
A purchase contract between the Buyer and AARDEE is concluded when the following conditions are met:

• The Buyer submits a price inquiry via the website or by email.

• AARDEE then submits a binding offer including price, payment terms, and delivery conditions.

• The Buyer confirms the offer and signs the purchase contract.

​

2.1 Legal Validity of the Signature
A purchase contract with AARDEE is legally binding if one of the following methods is applied:

​

Electronic signature with qualified certification
AARDEE exclusively accepts qualified electronic signatures (QES) in accordance with the Swiss Federal Act on Electronic Signatures (ZertES).

• The signature is executed via Swisscom Sign or other certification providers recognized by the Swiss Accreditation Service (SAS).

• The Buyer's identity is verified as part of the signing process through an additional verification (e.g., video identification or official identification document).

​

Handwritten signature with return of the original

• The Buyer signs the document by hand and sends the original by post to AARDEE.

• A scanned copy or photo of a handwritten signature is not sufficient and is not legally recognized by AARDEE.

 

Exclusion of Challenges:
An electronic signature (QES) or an original handwritten signature is legally binding and cannot be contested.
AARDEE assumes no burden of proof for the validity of an electronic or handwritten signature, provided one of the above-mentioned methods has been applied.

AARDEE ensures that all contracts are concluded either by physical signature or qualified electronic signature to guarantee legal bindingness and evidentiary value for both contractual parties.

 

3. Payment
The Buyer undertakes to make full payment of the purchase price within 10 days after the conclusion of the contract.

 

3.1 Payment Methods

• Cash payment (only for personal handover)

• Bank transfer (SEPA & international transfers)

• Cryptocurrencies (Bitcoin – BTC, Ethereum – ETH)

 

3.2 Price Calculation & Conversion for Cryptocurrency Payments
If the Buyer chooses to pay in Bitcoin (BTC) or Ethereum (ETH), the exact cryptocurrency amount is determined as follows:

• The conversion rate is based on the daily exchange rate from the platform CoinGecko or Binance.

• The exchange rate is fixed for 60 minutes; thereafter, 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 there is no entitlement to a refund or adjustment due to market changes.

 

3.3 Payment Default & Sanctions

• After 10 days of payment default: Payment reminder

• After 30 days of payment default: Late fee of 5% of the purchase price

• After 60 days of payment default: 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 take legal action against defaulting Buyers and claim full compensation for damages.

 

4. Transport, Risk & Storage

4.1 Transport & Delivery

• The Buyer bears all transport costs, insurance costs, as well as any customs duties and taxes.

• AARDEE can arrange a transport service provider upon request but is not liable for damages during transport.

 

4.2 Transfer of Risk
The risk of loss or damage to the artwork passes to the Buyer upon transfer to the transport service provider. According to Art. 185 para. 2 OR (Swiss Code of Obligations), the risk of a purchased item passes to the Buyer upon dispatch.

 

4.3 Storage & Collection

• The Buyer may personally collect the artwork within 14 days after payment.

• If the artwork is not collected within 30 days after purchase, storage costs of 2% of the purchase price per month will be incurred.

• If the artwork is not collected after 6 months, AARDEE is entitled to resell the artwork without the original Buyer having any right to a refund.

 

5. Transfer of Ownership
Ownership of the artwork transfers to the Buyer only after full payment. Before full payment, the artwork may not be resold, pledged, or otherwise encumbered. If the Buyer fails to pay, AARDEE may resell the artwork without prior consent to cover the incurred losses.

 

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 work after purchase, they must provide written notice within 6 months along with at least two independent expert opinions. If a forgery is proven, the artwork will be taken back and the purchase price refunded.

 

6.2 No Warranty for Attributions
All information regarding provenance and attribution is provided to the best of our knowledge and belief, but without guarantee. AARDEE assumes no liability for market value changes after purchase.

 

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 due to customs clearance.

 

8. Terms of Use

8.1 Website Use & Copyrights
All content of the website www.aardeegallery.com (images, texts, catalogs) is protected by copyright. Use, reproduction, or distribution without express permission is prohibited.

 

8.2 Data Protection & Personal Data
Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the Swiss Data Protection Act (DSG). Customer data will not be shared with third parties unless necessary for the transaction.

 

9. Jurisdiction & Applicable Law
Swiss law applies. The place of jurisdiction for all disputes is the registered office of AARDEE in the municipality of Muri, Canton of Bern, Switzerland.

 

10. Severability Clause
If any provision of these GTC is invalid, the validity of the remaining provisions remains unaffected.

 

11. Disclaimer

The content of this website is maintained with the greatest possible care.

Nevertheless, no liability is assumed for the content.

Printing errors, mistakes, and changes are reserved.

The content is protected by copyright.