General Terms & Conditions of Sale
Fondation Beyeler Shop –Terms & Conditions
1. Scope of application & validity
- These terms and conditions apply to all business conducted between the Beyeler Museum AG shop (hereinafter called "the Fondation Beyeler Shop") and the customer (hereinafter the "customer" or "you"), in the version in force at the time the contract of sale is concluded.
- By placing an order or executing a download, the customer expressly accepts these terms and conditions.
- These terms and conditions shall have exclusive validity. Conditions stipulated by the customer that conflict with or deviate from these Terms & Conditions shall not apply, except in individual cases where the Fondation Beyeler Shop has agreed to these in writing.
2. Online registration
- To place an order it is first necessary to register as a customer with the Fondation Beyeler Shop. Multiple registrations under different names and/or addresses are not authorized. Once the registration process has been successfully completed, the customer is authorized by the Fondation Beyeler Shop to access the online store.
- This authorization can be revoked by the Fondation Beyeler Shop at any time, however. In this event, the Fondation Beyeler Shop is entitled to block and delete the user name and corresponding password.
3. Conclusion of a contract of sale
- The presentation by the Fondation Beyeler Shop of its product range is non-binding. It does not constitute an offer to conclude a contract of sale with the customer.
- The contract of sale is concluded when the Fondation Beyeler Shop accepts, by means of its order confirmation by email, the contractual offer that is made with the customer's order. This order confirmation describes the essential contents of the order. The customer shall check the order confirmation for obvious misspellings, miscalculations or discrepancies between the order and the confirmation. The Fondation Beyeler Shop must be notified immediately of any discrepancies.
- If the customer has given an incorrect e-mail address in connection with his order and the Fondation Beyeler Shop's confirmation cannot be delivered to him, the contract will come into effect if the Fondation Beyeler Shop sends the customer its order confirmation by another channel.
- If the Fondation Beyeler Shop is unable to fulfill the customer's order, the customer will not receive an order confirmation but will be informed of the unavailability of the goods ordered or that the order has been declined. Goods that are temporarily out of stock will be reserved for the customer and the customer's order will remain open. The Fondation Beyeler Shop will advise the customer separately if necessary of possible errors in the product details given on the website and offer the customer a corresponding alternative.
4. Prices and minimum orders
- Prices may fluctuate. The definitive price shall be that given at the time the order is placed in accordance with Section 3 Paragraph 2 of these terms and conditions.
- The minimum order value is CHF 20. Orders whose value falls short of the minimum order value shall automatically attract a surcharge, representing the difference between the actual order value and the minimum order value. This surcharge does not apply to downloads.
5. Delivery and shipping rates
- The Fondation Beyeler Shop will ship the ordered goods promptly to the address given by the customer in the order. The Fondation Beyeler Shop is entitled to dispatch part shipments and deliver partial services provided that it is reasonable to do so from the customer's point of view. In the case of part shipments by the Fondation Beyeler Shop, the additional carriage costs will be borne by this latter.
- Orders will be shipped at the rates indicated for each individual order. Deliveries within Switzerland and to the Principality of Liechtenstein are free of charge. Exceptions are Art Editions, where carriage costs apply, as advised on the corresponding product description page.
- All delivery periods or delivery dates communicated by the Fondation Beyeler Shop are non-binding.
- Orders shall only be delivered to final customers. The Fondation Beyeler Shop reserves the right to impose restrictions on quantities.
- If an order has to be re-delivered because the customer has given an incorrect address, the additional shipping costs will be borne by the customer.
6. Customs duty, value added tax
- Goods shipped to countries outside Switzerland may incur import duties, which are payable by the customer. These import duties vary from one customs area to another. The customer is responsible for the proper payment of the necessary customs duties and other charges. Import duties do not fall under the heading of shipping costs.
- For deliveries within Switzerland, the price displayed includes Swiss value-added tax at the rate currently in force. In the case of exports to other countries, the price displayed is the net price without value-added tax.
7. Due date and payment terms, late payment
- The purchase price is due upon conclusion of the contract. In the case of late payment, the Fondation Beyeler Shop is entitled to demand interest of 5% p.a.
- The purchase price can be paid via Saferpay with the following credit cards: VISA, Eurocard/Mastercard, and American Express.
- The currency used for orders and invoices is CHF.
8. Reservation of title, withdrawal
- Delivered goods remain the property of the Fondation Beyeler Shop until all payments arising out of the contract have been settled in full. The Fondation Beyeler Shop is entitled to withdraw from the contract in the case of late payment and to demand the return of the goods.
- If, despite a contractual obligation, a supplier does not supply an ordered item to the Fondation Beyeler Shop so that the Fondation Beyeler Shop, through no fault of its own, is permanently unable to deliver it, the Fondation Beyeler Shop is entitled to withdraw. The Fondation Beyeler Shop will immediately inform the customer if it cannot supply an item and will immediately refund him any amounts already paid.
9. Right to cancel the contract
- The customer has the right to cancel his order within 14 days of the goods being received by the intended recipient, without having to give a reason. The customer may do so in writing, on another permanent data support, by e-mail (firstname.lastname@example.org) or by returning the goods concerned.
Goods should be returned promptly before the expiry of the 14-day cancellation period to:
Fondation Beyeler Shop
Beyeler Museum AG
- The customer's right to cancel an order does not apply to deliveries of the following:
- perishable goods;
- goods which in view of their nature cannot be returned (e.g. e-books, downloads etc.);
- newspapers, periodicals, illustrated magazines, annuals and calendars;
- DVDs, CDs, e-book readers, videos, music cassettes and software, unless these are returned unused, with their seals unbroken, and in their original packaging;
- items made to the customer's specifications, and items specially procured for the customer from outside Switzerland, as indicated on the corresponding webshop page.
- Should the customer send back an order where no right of cancellation exists, the costs of returning the item to the customer shall be borne by this latter.
- Upon cancellation of an order, the customer is obliged to return the goods received. If the customer is unable to return the goods wholly or in part, or only in a used or impaired state, the customer cancelling the order shall compensate the Fondation Beyeler Shop for the corresponding depreciation in value. If the customer has already paid for the order, the Fondation Beyeler Shop reserves the right to deduct the depreciation in value from the refund amount. In individual cases the depreciation in value may be equal to the original selling price.
- The customer shall bear the costs and risk of returning the goods, except where the goods delivered do not correspond to those ordered.
- The Fondation Beyeler Shop shall exercise its right of retention until the goods have been returned in full.
10. Offsetting, right of retention
Offsetting is permissible only if your claim has been legally established or recognized. The right of retention exists only insofar as your counterclaim derives from the same contractual relationship.
11. Warranty, liability
- The buyer shall check the goods upon receipt. He must inform the Fondation Beyeler Shop immediately of any defects. Failure to do so constitutes acceptance of the goods, except in the case of defects that were not visible in the course of normal inspection. If such defects come to light at a later date, the customer must inform the Fondation Beyeler Shop as soon as he discovers them; if not, the goods will be considered to have been accepted by the customer even with these defects.
- If, at the time of the passing of risk, an item has a defect for which the Fondation Beyeler Shop can be held responsible, the seller can either offer to repair or to replace the item. If the defect cannot be rectified or the item replaced, the customer is entitled to withdraw from the contract or demand a reduction in the original selling price.
- The liability of the Fondation Beyeler Shop, its representatives and its assistants is limited to gross negligence and malicious intent. The Fondation Beyeler Shop accepts no liability for indirect damage or lost profit. Its liability under product liability rules remains unaffected.
12. Place of supply
Fondation Beyeler Shop
Beyeler Museum AG
13. Data protection
- The data necessary for processing and executing customer orders shall be stored under strict observation of the statutory provisions currently in force and shall only be passed on to other companies for the processing and executing of orders. All personal data will be treated as confidential. The Fondation Beyeler Shop reserves the right to transmit personal data for the purposes of credit checking within the framework of an exchange of data with companies associated with the Fondation Beyeler Shop.
- After login, Fondation Beyeler Shop customers can access and edit their personal data in the secure area of the homepage. More information about our Data Protection policy can be found on the Fondation Beyeler Shop website.
14. Rights of use (incl. downloads)
- All goods offered by the Fondation Beyeler Shop are intended solely for your private, non-commercial use. Any other use represents an infringement of copyright. Making copies for the purposes of resale, commercial hire, public broadcasting, or for forwarding or transfer to third parties is prohibited.
- When purchasing music from our product range, customers are only granted the rights of use detailed in the corresponding product description, e.g. the right to download a title, the right to stream, to play on a PC, burn onto a CD or transfer to a portable player.
Choice of law and jurisdiction
Swiss law is applicable, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The court of jurisdiction for all claims connected with your order is Basel-Stadt.
Riehen, 25. Oktober 2012