GENERAL TERMS AND CONDITIONS OF SALE
Cyrrus Gallery – Contemporary Art
The website cyrrusgallery.com is operated by Cyrrus Gallery – Contemporary Art under the ownership and leadership of Humam Alsalim. Cyrrus Gallery is a virtual art gallery founded in 2012.
Cyrrus Gallery – Contemporary Art (hereinafter “Cyrrus Gallery”), proposes on cyrrusgallery.com (hereinafter “Cyrrus Gallery” or “Site”) to users (hereinafter “Users” or “Buyers”), to acquire from Syrian artists (hereinafter “Artists”), works of art (hereinafter the “Artworks”) offered for sale.
Cyrrus Gallery wishes to offer a collaborative marketplace that allows art lovers to discover the Syrian art scene and buy online original works of art directly from contemporary Syrian artist. Cyrrus Gallery scrupulously selects the Syrian artists presented on the website, hoping to help these talented artists, through the solidarity sale of their artworks, to develop their notoriety and find new collectors through the Web.
These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply to all sales of Artworks made through Cyrrus Gallery between the Artist and the Buyer. They are intended to govern the relations between the Artists and the Buyers of the Artworks. Both parties are considered to accept without restriction or reservation the entirety of the provisions envisaged under these GTCS.
Cyrrus Gallery reserves the right to modify the present GTCS. Any changes will take effect immediately for online Artworks as soon as they are published on the Site.
Art. 1 – Intellectual property
All texts, comments, works, illustrations, artworks, images and videos reproduced or represented on the website cyrrusgallery.com are Cyrrus Gallery sole property, and are strictly reserved under copyright and intellectual property law, for the entire term of protection of these rights and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the utilization for private use, subject to different or even more restrictive provisions of the Code of Intellectual Property, is permitted.
No portion of the Cyrrus Gallery website may be copied, reused, reproduced, distributed, published or used in any other way in analogue or digital form without prior written agreement.
Art. 2 – Liability and guarantees
The use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, or of the translations of the Site in languages other than German and especially those relating to technical performance; response time to view, query or transfer information; and the risks inherent in any connection and transmission over the Internet.
Consequently, in the absence of any breach on its part, neither Cyrrus Gallery can not be held responsible for any damage suffered by a Buyer, including (and without this list being exhaustive):
– loss of information or exploitation, resulting from possible malfunctions, failures, delays or interruptions of access to the Internet;
– the transmission and / or reception of any data and / or information on the Internet;
– consequences of any virus, computer bug, anomaly, technical failure;
– the failure of any receiving equipment or communication lines;
– the loss of any email and, more generally, the loss of any data;
– any damage caused to the computer, PDA or Smartphone etc. of an Internet user who connects to the Site;
– any technical, hardware or software failure of any kind that has prevented or limited the possibility of using the Site or having damaged the system of a user who connects to the Site;
– any obvious failure or error (including technical, hardware, software, price display, translation etc… of any kind, having prevented or limited the possibility of using the Site or misleading a user who connects to the Site;
– indirect damage.
Art. 3 – Conclusion of the sales agreement between the Buyer and the Artist
1) The Artworks are presented on the Site with a description enabling the Buyer to know their essential characteristics.
2) The prices of the artworks are not published on the Site.
3) The Buyer sends to Cyrrus Gallery an email request for pricing information by completing and submitting the online contact form on the Site.
4) The Buyer selects the Artwork (s) he is interested in and mentions the name of the Artist and the reference numbers of the Artwork (s).
5) He confirms his choice and purchase of the Artwork (s) by email to email@example.com, reads and accepts the present GTCS.
6) He proceeds to the payment by Bank Wire Transfer on Cyrrus Gallery’s bank account, mentioning payment purpose: “Cyrrus Gallery, the artist’s name and the reference number of the artwork”.
→ Payment by Bank Wire Transfer: The Buyer waits for the email confirming the availability of the Artwork then proceeds to this operation on the bank account of Cyrrus Gallery as soon as possible, so that the payment is actually received in a delay of 5 working days after receipt of the email confirming the availability of the Artwork. Receipt of the payment within this period is a resolutory condition of the sale.
7) Once the availability of the Artwork (s) is confirmed or overturned by the Artist, an email is sent by Cyrrus Gallery to the Buyer to inform him of the availability or non-availability of the Artwork (s) ordered.
→ In the event of confirmation of the availability of the Artwork (s) by the Artist, the resolutory condition attached to the sales agreement concluded between the Buyer and the Artist is waived:
– The Buyer makes the commitment to proceed to the payment of the Artwork by Bank Wire Transfer;
– The Artist makes a firm commitment to deliver the Artwork (s) within the deadline announced on the descriptive page of the Artwork once Cyrrus Gallery has confirmed receipt of the bank transfer.
→ In the absence of confirmation of the availability of the Artwork (s) within 3 days, or in case of non receipt of the Bank Wire Transfer by Cyrrus Gallery within 5 working days from the date of validation availability, the sales agreement concluded between the Buyer and the Artist is automatically resolved and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited. However, only the sales agreement of the Artwork (s) that is / are not available is concerned by this resolution.
8) In the event of confirmation of the availability of all or part of the Artworks ordered by the Buyer and confirmation of the receipt of the bank transfer by Cyrrus Gallery, the said Artworks shall be are shipped by the Artist.
Art. 4 – Price
The prices of the Artworks are fixed by Cyrrus Gallery in agreement with the Artists. They are mentioned in Euros on the descriptive sheets that the Buyer will request via the online contact form on the Site. The prices DO NOT include shipping costs.
Cyrrus Gallery reserves the right to change at any time, may be up or down, the price of an Artwork.
Art. 5 – Shipping costs
The price is increased by the shipping costs (packing, shipping and insurance) possibly due.
The amount of shipping costs, payable by the Buyer, will be sent by the Artist to Cyrrus Gallery and indicated to the Buyer by Cyrrus Gallery by email notification after the validation of the order. They are calculated on the basis of a fee schedule that changes according to the size and weight of the Artwork ordered, as well as the shipping and delivery address.
The shipping costs may seem expensive: they respond to the best security/quality/price standards in this field. Cyrrus Gallery and the Artists work with the best shipping providers on the market.
Orders with an international delivery request must be formally confirmed by Cyrrus Gallery. In any case, the responsibility of Cyrrus Gallery can not be sought in cases this expedition proves impossible, but Cyrrus Gallery naturally undertakes to make every effort to make the Artwork available to the Buyer. Buyers are invited to read the international delivery conditions by requesting them to Cyrrus Gallery via the contact form before validating their order.
Art. 6 – Customs duties
In case of order to a destination outside of Europe, customs duties or other local taxes or taxing duties or State taxes are likely to be payable. These rights and obligations are the responsibility of the Buyer and are his sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies.
Unfortunately, it is impossible for Cyrrus Gallery to keep Buyers informed in real time of customs policy developments in each country to which the Artworks are shipped. In order to know about the taxation applicable to works of art imported into the country of destination, the Buyer is invited to contact the competent customs authorities.
Art. 7 – Payment
The price charged to the customer is the price indicated on the order confirmation.
Payments for purchases are made by Bank Wire Transfer to Cyrrus Gallery’s account, in mentioning as payment purpose: “Cyrrus Gallery, the name of the artist and the reference number of the artwork”. The bank transfer must be made within 5 working days from the date of validation of the availability of the Artwork (s) by the Artist (s). Cyrrus Gallery cashes the amount corresponding to the name and on behalf of the Artist.
The Buyer will be charged the price of the Artwork purchased only once the Artist has validated the availability of the Artwork. In case of unavailability of the Artwork, the Buyer will not be charged and its payment will be canceled. In case of availability validated by the Artist, the Buyer will be charged with a delay of 5 days from the moment he has validated his order. The shipping costs are accepted by the Buyer at the time of the validation of order and the availability of the Artwork by the Artist.
The order validated by the Buyer will be considered effective only when the concerned bank agency has given its agreement. In case of refusal of said bank agency the order will be automatically canceled and the Buyer notified by email.
Art. 8 – Shipping or withdrawal methods
Shipping of the Artwork by the Artist, under the monitoring of Cyrrus Gallery
It is the sole responsibility of the Buyer to ensure that the information he provides to Cyrrus Gallery for this purpose is and remains correct and that it will allow him to receive the Artworks he buys on the Site.
The Artist, provided that he has validated the availability of the Artwork and that Cyrrus Gallery has notified him of the receipt of payment, is responsible for packaging the Artwork in quality packaging and making it available to a shipping provider. This provision must be applied within the time indicated on the Artwork sheet from the date of confirmation of availability of the Artwork ordered or the date of receipt of the bank transfer.
The Artwork is delivered to the address indicated by the Buyer when placing his order and should be delivered no later than 7 working days – for a national delivery – after confirmation of the availability of the Artwork to the shipping company by the Artist. The shipping delay may vary depending on the chosen shipping provider.
Cyrrus Gallery undertakes to send to the Buyer the name of the shipping provider which has taken charge of the transport of the Artwork as well as the parcel number, in order to allow the Buyer to follow the status of his order on the shipping provider’s website, provided that the latter offers a parcel tracking service.
The transport of the Artworks is at the risk of the Artist under the monitoring of Cyrrus Gallery.
Art. 9 – Right of withdrawal
9.1 – Meaning
In accordance with the legal provisions in force, as part of a purchase made from a professional artist established in the European Economic Area (EEA) (Member States of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he himself is a national of the EEA-zone, has a period of 14 days from the receipt of the Artworks ordered, either personally, or from a third party designated to receive the parcel, to exercise his right of withdrawal with Cyrrus Gallery, without having to justify motives or to pay a penalty.
For any purchase made from an Artist who is not a member of the European Economic Area (EEA) or if the Buyer is not himself a national of EEA-zone this right of withdrawal is NOT applicable.
The Buyer unambiguously exercises his right of withdrawal directly with Cyrrus Gallery:
– by sending an email via the contact form on the Site
– by returning by email the withdrawal form sent to him at: firstname.lastname@example.org
Any disputes are settled directly between the Buyer and Cyrrus Gallery.
9.2 – Reshipment of the Artwork
This clause is NOT applicable for a Buyer who is not a member of the European Economic Area (EEA), or a purchase from an Artist who is not himself a national of EEA-zone.
Return shipping costs are fully borne by the Buyer.
The Artwork must be returned in perfect condition, in its original packaging and shipped in identical conditions to those sent to the address provided by Cyrrus Gallery by return email, no later than fourteen days after the communication of the decision to withdraw from this contract.
9.3 – Refund
This clause is NOT applicable for a Buyer who is not a member of the European Economic Area (EEA), or a purchase from an Artist who is not himself a national of EEA-zone.
In the event of exercise of the right of withdrawal within the aforementioned deadlines, Cyrrus Gallery undertakes to refund all the payments collected, except the expenses of delivery. Also the additional shipping costs will remain the responsibility of the Buyer, if he has chosen on his own a personalized delivery method, at a price higher than that proposed by Cyrrus Gallery.
The refund will be made no later than fourteen days after receipt of the returned Artwork, or fourteen days after receipt of proof of reshipment, communicated by email. By default, the refund is made by the same means of payment as the one used for the original transaction, unless the Buyer expressly requests a refund by a different means that does not entail any additional costs.
Art. 10 – Disputes and litigations
Art. 10 is NOT applicable for a Buyer who is not a member of the European Economic Area (EEA), or a purchase from an Artist who is not himself a national of EEA-zone.
The Buyer undertakes, upon receipt, to unpack and check the condition of the Artwork in the presence of the carrier and to make any reservations he deems useful to the latter, in writing and without delay, and at the latest within 48 hours by email. Any delivery that has not been subject to reservations communicated to the shipping py by registered letter with acknowledgment of receipt within 3 days of receipt, in accordance with the Commercial Code, and whose copy will be sent simultaneously to Cyrrus Gallery, will be considered accepted by the customer.
If Cyrrus Gallery is seized of a dispute concerning the information communicated by the Artist on the Site (technical creation, date of creation, serial number in a limited edition…), Cyrrus Gallery communicates the grievances to the Artist, who demonstrates accountability for results. The Artist shall make best efforts to amicably resolve the dispute with the Buyer.
Depending on the case, the declared dispute will result either in the return of the Artwork ordered at the costs of the Buyer and the refund of the Buyer by the Artist or only the partial or total refund of the Buyer.
In case of return of the Artwork by the Buyer, the Artist will reimburse the Buyer for the price of the Artwork, but the return shipping costs will be fully borne by the Buyer.
Art. 11 – Personal data
The Buyer is informed that all the data collected as part of the Cyrrus Gallery service when placing orders are processed by Cyrrus Gallery solely for the purpose of processing said orders.
The agreements concluded on the Site (data relating to the order and GTCS in force on the date of the order) are archived for a duration of 10 years. The Buyer can access the archived contracts by sending a request by email. The information and data of the Buyers relating to the delivery are transmitted by Cyrrus Gallery to the Artists for the sole purpose of allowing them to ship the Artworks ordered. They can not under any circumstances be used for other purposes. The Artists undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders. In case of difficulty concerning the processing of these data, the Artist addresses directly to Cyrrus Gallery.
Art. 12 – Assignment of copyright
The Artist assigns to the Buyer, without limitation of duration, the support of the Artwork purchased on the Site, as well as all the property rights attached to it, namely the right of representation and reproduction, in accordance with the provisions of the Intellectual Property Code. The purchaser may thus exhibit the Artwork in any place of his choice, present it to the public, including to a delocalized public, assign it, lend it or rent it.
The Artist however retains his moral rights to the Artwork. The nullity of the sale automatically entails the nullity of the transfer of property rights: the Buyer who makes the choice to retract his purchase undertakes to remove any reproduction of the Artwork to which he would have consented and to return to the Artist any revenues derived from the exploitation of the Artwork before the cancellation of the present agreement.
Art. 13 – No granting of rights
By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by law. However, the Buyer can resell the print.
Art. 14 – Partial invalidity
If one or more stipulations of the present GTCS are considered invalid or declared as such under a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their strength and all their scope.
Art. 15 – Applicable law
These General Terms and Conditions of Sale are subject to German law. Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the German courts.
Art. 16 – Alternative Dispute Resolution
Online Dispute Resolution in compliance with Section 14, Paragraph 1 of the Online Dispute Resolution Regulation
The European Commission provides a platform for Online Dispute Resolution platform (ODR platform).The ODR platform is a web-based platform developed by the European Commission. Its objective is to help consumers and traders resolve their contractual disputes about online purchases of goods and services out-of-court at a low cost in a simple and fast way.