Terms and conditions
General terms and conditions of sale and delivery of Magdalena Stark ART gallery
1. Scope of application
These Terms and Conditions shall apply exclusively to all contractual relationships between Magdalena Stark ART gallery and its customers, unless agreed otherwise expressly and in writing in the individual contracts. These Terms and Conditions replace all previous versions.
Upon placement of an order, the customer accepts these Terms and Conditions of Magdalena Stark ART gallery. General Terms of Purchase or other General Terms of the customer differing from, contradicting or supplementing these Terms and Conditions are not binding for Magdalena Stark ART gallery, even if Magdalena Stark ART gallery does not expressly contradict.
2. Offers and conclusion of contract
All offers made by RAFKA are non-binding.
Only orders confirmed to the customer in writing by means of letter, fax or e-mail (order confirmation) shall be binding for Magdalena Stark ART gallery. The written order confirmation shall be examined by the customer immediately upon receipt and any deviations from the original order shall be immediately notified to Magdalena Stark ART gallery in writing. Order confirmations by Magdalena Stark ART gallery, which have not been examined and any possible deviations notified to Magdalena Stark ART gallery in good time, shall be deemed as approved by the customer and shall govern exclusively the delivery of products by Magdalena Stark ART gallery. Special demands of the customer, e.g. regarding packaging, delivery or quality, shall be repeated in each order.
3. Prices and terms of payment
Unless agreed otherwise expressly and in writing, all prices of Magdalena Stark ART gallery shall be deemed to apply DELIVERED DUTY PAID (DDP) according to Incoterms (ICC official rules for the interpretation of trade terms, version January 1, 2011), exclusive of the applicable statutory value added tax (VAT). Loaned packaging will be charged at the time of delivery and credited after its return.
Unless agreed otherwise in writing, all prices are in Swiss Francs (CHF) and shall be payable by the customer to Magdalena Stark ART gallery in Swiss Francs.
All prices are based on the prevailing cost factors at the time of the conclusion of the contract (exchange rates, prices for raw materials, transport costs, taxes, custom duties, etc.). Substantial changes in the cost factors beyond the control of Magdalena Stark ART gallery shall entitle Magdalena Stark ART gallery to withdraw from the contract up until the time of delivery or to present a new offer to the customer. An increase in any cost factor by more than 3% since the conclusion of the contract shall be deemed substantial.
Unless agreed otherwise expressly and in writing, all invoices of Magdalena Stark ART gallery shall be payable net within 30 days since the date of the invoice. The customer's obligation of payment is deemed to be fulfilled if the bank or postal account of Magdalena Stark ART gallery has been credited with the full amount of the invoice. After the due date of payment, the customer is automatically considered to be in arrears. Interest for late payment at a rate of 6% p.a. on any overdue balance shall be charged to the customer.
Due dates of payment shall also be adhered to if delivery to the customer or acceptance of the goods by the customer is delayed or made impossible for any reason beyond the control of Magdalena Stark ART gallery. In case of establishing a new business connection, or if the customer is in arrears with earlier payments, or if Magdalena Stark ART gallery has serious reasons to doubt the customer's solvency, Magdalena Stark ART gallery shall be entitled to make the delivery of ordered goods conditional on payment in advance or the lodging of security. In these cases, Magdalena Stark ART gallery shall also be entitled to withdraw any extensions of periods for payment.
4. Delivery and risk assumption
Unless agreed otherwise expressly and in writing, all deliveries by Magdalena Stark ART gallery shall be DELIVERED DUTY PAID (DDP) pursuant to Incoterms. If necessary, import licences are to be obtained by the customer at the customer's own expense.
Unless agreed otherwise expressly and in writing, all delivery dates are non-binding. In the event of late delivery, the customer shall send Magdalena Stark ART gallery a reminder. Appropriate packaging and the mode of delivery are at Magdalena Stark ART gallery's discretion. Additional expenditure caused by special demands of the customer regarding packaging or delivery (e.g. express or special delivery, provision of products at short notice) will be charged to the customer separately and on a time and material basis. If ordered products are not collected by the customer in accordance with the delivery date, Magdalena Stark ART gallery is entitled, at its sole discretion, to waive subsequent delivery or, after the third day following the collection date, levy a surcharge (storage costs, handling costs etc.). If Magdalena Stark ART gallery waives subsequent delivery, it shall be entitled to claim compensation for damages resulting from the non-delivery or to withdraw from the contract.
If the customer is in arrears with earlier payments, Magdalena Stark ART gallery is entitled to suspend the delivery of ordered products until all due obligations of the customer are fulfilled.
5. Force majeure
Delays, stoppages and / or the impossibility of performance by Magdalena Stark ART gallery