Terms of use

coGalleries Terms of Service

as of: 1 June 2016

1. Application

(1) coGalleries GmbH („coGalleries“) provides a service for purchasing original artwork through this website („Services“), available at www.cogalleries.com (the „Site“). The following terms and conditions govern your access to and the use of our Services and Site and apply to the legal relationship between coGalleries and you (the „Terms“). By accessing, using, registering with this Site or purchasing any product, good, piece of art (the „Artwork“) you acknowledge and agree that you have read, understood and agreed to our Terms.

(2) coGalleries reserves the right to modify, discontinue or terminate the Site or Services. Futhermore, coGalleries reserves the right to modify the Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and update the „as of:“ date. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you agree to be bound by the new modified Terms.

2. Purchase

(1) You may place orders and purchase Artwork that is listed on our Site’s online shop, subject to the condition if you only act as a consumer and not as a commercial entrepreneur or within the scope of an activity as a self-employed person. You acknowledge that prices do not include shipping and handling charges or applicable taxes, if any, for which you are responsible and which will be separately identified on your receipt.

(2) coGalleries allows third party that have crafted, created or produced the Artwork (the „Artist(s)“) to list and sell their Artwork at the Site. While coGalleries undertakes to facilitate the sale of Artwork by Artist, coGalleries is not the seller of the Artwork. Accordingly, the contract formed at the completion of a sale for the Artist is solely between purchaser and Artist. coGalleries is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the Artist’s agent. The Artist is responsible for the sale of the products and for dealing with any purchaser’s claims or any other issue arising out of or in connection with the sales contract.

(3) The presentation of Artwork at our Site does not constitute a binding offer for the sale of certain items. After executing the button ,,Buy Artwork” the Artwork selected by you will be displayed for review, whereas subject to necessary changes, you can execute the button ,,Buy Artwork Now” and submit a legally binding offer.

(4) coGalleries or third party service providers will collect your billing and shipping information and process your payment. The Artist identified on the listing of the Artwork will ship the purchased work directly to you. A sale contract is not yet concluded by the submission of your order. First you will receive from us a confirmation of receipt of your order by e-mail; this confirmation is not yet a legally binding acceptance of your order.

(5) coGalleries reserves the right to not accept the order, in particular, if the Artwork ordered by in its free discretion. The sales contract for a product you ordered shall not be concluded until you have received from us another e-mail with the invoice for the item, or implied by performance of the delivery through coGalleries.

3. Prices and shipping costs

(1) The purchase prices of the products are determined by the price tags in the online shop at the time of the order. Unless marked otherwise, all prices in our online shop are provided in EUR and are gross prices including the applicable VAT. To the extent shipping costs and possible custom fees apply they will be added and must be borne by you.

(2) Payments may only be made via our payment provider Strip via a valid credit card (MasterCard, Visa) or by Paypal. The purchase price shall be due immediately upon conclusion of the purchase contract. Your credit card/Paypal account will be charged at the time your order is accepted by coGalleries.

(3) You may not offset counterclaims against our claims. The products will remain the Artist’s property until complete payment of the purchase price.

4. Delivery

(1) Delivery periods and delivery deadlines are provided in the course of the ordering process.

(2) In the absence of any instruction by you, shipment is made using a reasonable method of shipment in the usual manner of packaging. coGalleries retains the right to partial shipments, if this is reasonable.

5. Right of withdrawal

(1) If you are a private consumer and have purchased via our Site an Artwork that are delivered in one delivery, the instruction on the right of withdrawal set out in Annex 1 to these Terms applies. If you are a private consumer and have purchased via our Site several items of Artwork that are delivered in partial deliveries, the instruction on the right of withdrawal set out in Annex 2 to these Terms applies.

(2) To make use of your right of withdrawal you may use the model withdrawal form set out in Annex 3 to these Terms.

(3) The direct cost of returning of the Artwork shall be borne by you.

6. Liability

(1) coGalleries’ liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows: (i) coGalleries shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) coGalleries shall not be liable due to a slightly negligent breach of any other duty of care applicable.

(2) The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent coGalleries has assumed a specific guarantee. Sec. 5 (1) and (2) shall apply accordingly to coGalleries liability for futile expenses.

7. Privacy policy

We comply with our privacy policy that you can access at any time at www.cogalleries.com/privacypolicy For information and notices concerning coGalleries’ collection, storage and use of your personal information.

8. Contact

If you have any questions, comments or complaints as well as other notifications regarding your purchases, please send them to us by letter, fax, telephone or e-mail using the contact details specified as follows:

coGalleries GmbH
Herzbergstr. 40-43
Haus 4 / 1 Etage
10365 Berlin

www.cogalleries.com
info@cogalleries.com
0049 (0)178 1421848
HRB 177130 B / Amtsgericht Charlottenburg
VAT: DE306543104
Geschäftsführer: Robin Resch, M.A.

9. Applicable law and venue

German law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or special assets under public law, exclusive venue for any and all disputes arising from or in connection with this agreement shall be Berlin, Germany. This shall also apply if you do not have a general venue in Germany or if you relocate your place of residence or habitual place of abode to a location outside Germany, or in case your place of residence or habitual place of abode is not known at the time the proceedings are brought in the courts. Arbitration proceedings shall be excluded.

Annex 1

If you are a consumer and have purchased at the Site Artwork that is delivered in one delivery, the following instruction on the right of withdrawal applies:
______________________________________
Instruction on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Artwork. To exercise the right of withdrawal, you must inform [coGalleries contact information] of your decision to withdraw from this contract by an unambigous statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Artwork back or you have supplied evidence of having sent back the Artwork, whichever is the earliest.

You shall send back the Artwork or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Artwork before the period of 14 days has expired. You will have to bear the direct cost of returning the Artwork. You are only liable for any diminished value of the Artwork resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Artwork.

Annex 2

If you are a consumer and have purchased in the online shop several products that are delivered in partial deliveries, the following instruction on the right of withdrawal applies:
______________________________________

Instruction on the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Artwork.

To exercise the right of withdrawal, you must inform info@cogalleries.com, coGalleries GmbH, Herzbergstr. 40-43, Haus 4 / 1 Etage, 10365 Berlin, Germany of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Artwork back or you have supplied evidence of having sent back the Artwork, whichever is the earliest.

You shall send back the Artwork or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Artwork before the period of 14 days has expired. You will have to bear the direct cost of returning the Artwork. You are only liable for any diminished value of the Artwork resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Artwork.

Annex 3

To make use of your right to withdraw you may use the following model form, but it is not obligatory.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To info@cogalleries.com, coGalleries GmbH, Herzbergstr. 40-43, Haus 4 / 1 Etage, 10365 Berlin, Germany

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the
following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.