Terms of sales

These General Terms and Conditions of Sale define the contractual relationship:

Between

Fondation Centre d’Art Contemporain Genève
Fondation de droit privée, située au 10, rue des Vieux-Grenadiers, 1205 Genève
referred to below as « We »; for the account of www.centre.ch, online bookshop of Centre d’Art Contemporain Genève, referred to below as the «Site»;
PARTY OF THE FIRST PART;

And

Any natural or legal person visiting, or making a purchase on the site, on his own behalf or for a third party, referred to below as «You»;
PARTY OF THE SECOND PART
.

  1. Conditions for placing an order
    1. Any person who places an order in a private capacity on the site declares that he is above the age of 18 and has the legal capacity or, in the absence thereof, parental authorisation enabling him to enter into the contract. 



      Should these conditions not have been respected pursuant to the indications given in the present contract and in order to settle a possible dispute, we reserve the right to contact the legal guardian of the person concerned directly. We will therefore be authorized, in particular, to require that guardian to pay for all orders contracted by the person concerned.

  2. Phases in the conclusion of the contract
    1. Information appearing on the site does not constitute an offer in the legal sense of the term; such an offer is constituted only by the order placed between you and us.
    2. Every web surfer is able to read the General Terms and Conditions of Sales on the site. Any order placed therefore signifies your full acceptance without exception and without reservation of the conditions set out in the present contract. The latter are moreover notified to you during the procedure for validation of every order as the registration of your order is subject to their acceptance. Every person who has made a purchase on the site therefore declares that he is fully cognizant with these terms and conditions and cannot claim otherwise in the event of any dispute.
      As amendments may be made, the General Terms and Conditions of Sale in force at the time when each order is placed are understood to be binding.
      In the event of a disagreement, an amicable settlement will be sought and if it cannot be reached, any dispute of any nature whatsoever will always fall within the sole competence of the courts on the territory of which Centre d’Art Contemporain Genève is domiciled and will therefore be governed by Swiss law.
  3. Price policy
    1. The prices displayed on the site are expressed in Swiss francs [CHF], inclusive of all taxes applicable in Switzerland, but excluding carriage and packing costs. Calculated depending on the place to which your order is to be delivered, Europe or to a country outside Europe, these costs will be billed to you over and above the cost of the articles you ordered.
  4. Availability and shipping
    1. Each article reference appearing on the site mentions the availability of the work concerned and the time limit within which it may be dispatched to you. However, this information is provided for guidance only, they cannot be guaranteed because they depend on our stock limits. However, despite all the precautions that we are able to take with our suppliers to obtain the most accurate possible information as to the availability of the articles which we offer to you, it may happen that one such article which is thought to be available at the time when your order is placed proves in fact to be unavailable, in which case we will of course inform you:
      Should the article be temporarily out of stock, we will consider your order to remain valid until we are in a position to satisfy it.
      In the event of permanent non-availability of the articles making up your order, we would in effect be obliged to cancel the order.
    2. Orders are sent within 2/3 working days, from the reception of the payment, by regular mail (delivery times depend on the location); please contact us if you wish it to be delivered in priority.
    3. Customs duties
      Any customs duties and taxes specific to each country, save for deliveries in Switzerland, are your responsibility and payable by you over and above the value of your order and the cost of carriage and packaging. According to the law in force in the destination country of your order, they may be duly collected from the addressee of the parcel even if you are only an intermediary. It is therefore your responsibility to seek information from the responsible authorities in your country or in the country to which your order is to be delivered, especially in the case of a gift parcel.
  5. Methods of payment
    1. Payment of orders is made by credit card (stripe) or bank transfer (on request). Orders are shipped only after receipt of payment.
  6. Conditions and time limits for exercising the right of withdrawal
    1. Pursuant to Swiss law, any person who has placed an order on the site benefits from a period of 7 [calendar] days to exercise his right of withdrawal from the date of acceptance of the contract of sale, in this instance the date of validation of your shopping basket and confirmation by e-mail of the fact that we have duly received your order and intend to process it.
    2. Should your application for withdrawal not satisfy the conditions set out in this contract, we would be entitled to require you to settle in full the price of the article[s] ordered by you.
  7. Legal information
    1. Legal indications
      The site is the online bookshop of Société Payot SA. If you have any remarks or questions about the bookshop, you may contact us by sending an e-mail info@centre.ch or by writing to the following postal address:

      Centre d’Art Contemporain Genève
      
Rue des Vieux.Grenadiers 10

      1205 Genève 

    2. Licence for access to the site
      You are permitted to access and use the site purely for your own personal purposes and shall not under any circumstances, save with our express written agreement and on pain of legal proceedings, use it and any of its contents for commercial purposes or for any other activity which is liable to be prejudicial to us.
    3. Applicable right
      All the clauses set out in the present general terms and conditions of sale, and in all the purchase and sale transactions referred to therein, are governed by Swiss law.

    4. Liability
      We undertake to do everything possible to ensure the best possible quality of service in accordance with the work carried out by all the Centre’s staff. However, We shall not be liable for any delay in the delivery of ordered items – We shall not be liable for any direct or indirect damages that may result from access to or use of the Site or any of its components, nor shall We be liable for any failure to access or use it.
      You are also solely responsible for ordering an item that does not comply with the legislation of the country of delivery or is prohibited on its territory, and as such We cannot be held responsible.
    5. Protection of personal data
      Whatever the nature of the personal data concerning You of which We are led to take note, either that We are entitled to ask You within the framework of the present contract, or that We collect them in an automated way, We undertake to make every effort to treat them with the strictest confidentiality, to ensure their protection and to make rigorous use of them only to execute Your requests or to improve the services likely to be offered to You on the Site.
      You can however at any time exercise Your right of access, rectification or opposition to these data from Your customer account or by writing to Us at the address info@centre.ch.
    6. Copyright and credits
      The design, form, title and all contents of the Site are the strict property of the Centre d’Art Contemporain Genève.
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