General Terms and Conditions of Use

The Terms and Conditions of Use apply to the use of our website. Our website is maintained by Into.Gallery, based in Berlin, Germany.
The Terms and Conditions of Use apply to all those who use this site and compliance with the rules set out herein is mandatory. Refusal to accept the rules set out in these terms will prevent you from contracting the services offered here.

Acceptance

This instrument establishes obligations to be observed by Users and Into.Gallery from the moment of accepting the established conditions of use.
The General Terms and Conditions of Use of the Site will be made available in German and English.
By using the platform, the User fully accepts the established conditions of use and undertakes to observe them under the risk of applicable penalties.
Acceptance of these Terms and Conditions of Use is essential for access to and utilization of the services offered by Into.Gallery. Non-agreement with the provisions of this instrument will result in the non-usage of the site.

User Access

All available technical solutions will be utilized to ensure that the User has access to the platform 24 (twenty-four) hours a day, 7 (seven) days a week. However, in order to gain access to the website, it is necessary to create an account with it.
Access to the website will not be granted to individuals under the age of 18 (eighteen).
When creating an account on the website, the User must provide complete, up-to-date, and valid information, and it is their sole responsibility to keep this information updated. The data provided for account creation must be truthful.
The User must maintain the confidentiality of their registration details and access password, assuming full responsibility for any use made with them.
The User must provide a valid email address, through which the website will conduct all necessary communications.
The User shall ensure that their equipment is compatible with the technical characteristics necessary for the use of the platform and its products or services.
The User may request the cancellation of their registration with the website at any time. The cancellation should be carried out as promptly as possible.
By accepting the Privacy Policy Terms, the User expressly authorizes the platform to collect, use, store, share, or utilize the information derived from the use of the website’s service and any platforms, including all information provided by the User when registering or updating their account, as well as other information explicitly described in the Privacy Policy.
The services provided by Into.Gallery can be accessed on mobile devices. When using them, the User must ensure that they comply with traffic laws or any other laws that guarantee their safety and the safety of others.

The Object

Into.Gallery acts as an intermediary between Users and Artists located all over the world, enabling them to browse the site and acquire their works of art through an online marketplace. In addition, Into.Gallery allows Users to access 3D exhibitions, watch videos, read articles and interviews.
The purchase of artworks is intermediated by Into.Gallery. The artwork will be sent as agreed between the User and the Artist.
The purchase of the artwork will be made by selecting the piece, which must be added to your shopping basket. Once the User has verified that the selected piece is the one they wish to purchase, they must click on the order button. If there is any discrepancy with the product purchased, the User must inform Into.Gallery. Immediately after the order has been dispatched, you will receive another confirmation by e-mail.
The contract concluded, details of the product purchased and the Terms and Conditions of Use of the Website will be sent to the User via their registered e-mail address in English or German. For security reasons, the text of the contract cannot be accessed via the website once the goods have been purchased.

Purchase of the Artwork

The Artist will send the artwork(s) sold to the User using the same materials, finishes and information mentioned in the description of each artwork offered by the site.
Into Gallery does not guarantee exact reproduction. Colours and details may vary, since the selection of pieces will be made by displaying them in a virtual environment, using the User’s computer, and therefore may not accurately reflect the actual colours or materials of the work. To obtain more precise information about the artwork of interest, we recommend that the User contact Into.Gallery via the enquiry form located next to the chosen artwork or by sending an email to [email protected].

Delivery of the Artwork

Into.Gallery uses a delivery service (DHL).
The cost of delivering an artwork will depend on its dimensions, weight, place of origin and place of delivery. The respective costs are indicated when summarising the order, prior to check-out.
Delivery times may vary according to the individual artist. We ask for your understanding that delivery times may vary for some artworks due to detailed and painstaking manufacturing processes. Information on delivery times can be found in the specific details of each artwork.
Artworks will be delivered to the address provided on the order form, within business hours and in accordance with the terms and conditions set by the designated carrier. The User must be aware of and agree to the terms and conditions of delivery established by the carriers of the artworks. If a package is not accepted, Into.Gallery will charge a fee for the expenses incurred.
It is important to remember that customs or import duties applicable to deliveries of goods outside the country of origin are the sole responsibility of the User. Each country has its own specific rules and tariffs for importing works of art. We recommend that the User contact the competent authorities in their country to obtain precise information on these fees, since Into.Gallery has no control over the regulations established by international laws.

Payment

The payment methods available on the site are: credit card (American Express / MasterCard / Visa), Paypal and Apple Pay.
PayPal may offer other payment options to registered Users, selected according to its own criteria. Into.Gallery has no control over the availability of these additional payment options. For more information, please consult your PayPal account.
The price of artworks is displayed on the Into.Gallery website in two different currencies (euro and dollar) and includes all taxes, with the exception of delivery and packaging costs, where applicable.
The Artists reserve the right to make deliveries upon advance payment.
The artworks delivered remain the property of the Artist until full payment has been made.

Return Policy

Beginning of the return policy
The User has the right to withdraw from this contract within 14 (fourteen) days without giving any reason, from the date on which the User or a third party authorised by the User, other than the carrier, has received the artwork.
Notice of cancellation must be given through the channels provided (Into.Gallery, Barsekowstrasse 5, 12167 Berlin, telephone 491786047410, [email protected]), by means of a clear and objective statement (e.g. a letter or e-mail) of your decision to cancel this contract.
The User may use the model cancellation form for this purpose, but this is not obligatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of cancellation
Cancellation will result in reimbursement of all expenses incurred by the User, including delivery costs (with the exception of additional costs arising from the choice other than the standard one offered by Into.Gallery), within fourteen days of the day on which we receive notification of your cancellation of this contract.
The payment method used by the User at the time of purchase will be used for the refund, unless expressly agreed otherwise. The User shall not be held liable for payment arising from the costs of the operation used for the refund.
The artwork must be returned to the artist’s address within 14 (fourteen) days from the date of notification by the User.
The return must include the original packaging, including the certificate of authenticity received with the order. If the original packaging is no longer suitable for transport, the User must choose suitable packaging.
The User must handle the works with care while they are in their possession to avoid damage and depreciation in value.
The User shall indemnify for any loss of value of the artwork resulting from unnecessary handling to check the condition, properties of the piece.
Artworks that have been damaged, soiled, stretched, cut or altered in any way after purchase by the User will not be accepted or refunded.
Into.Gallery has the right to refuse to refund the User until the actual return of the piece or proof of return, whichever comes first.
End of return policy
Here you can find the cancellation form in the pdf version.

Exclusion of the right of cancellation
Pursuant to the German Civil Code (BGB), Section 312g (2) no right of cancellation shall apply, inter alia, to contracts for the delivery of goods which are not pre-manufactured and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the Buyer’s personal needs, and shall expire prematurely for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Transport Damage

Damage to parts caused by the carrier must be reported to the carrier and Into.Gallery immediately.
Damage reported to Into.Gallery will help it in its own claim against the carrier. If the User chooses not to do so, there will be no legal consequences.

Warranty

In the event of a faulty part, Into.Gallery is responsible for delivering a new part or arranging for it to be repaired. If the repair does not remedy the defect or if the new parts are also defective, the User may return the goods for a refund of the full purchase price or keep the goods and reduce the purchase price.
It is essential to emphasise that the guarantee does not cover damage resulting from improper use, lack of maintenance or incorrect storage by the User. To preserve the quality of the artwork, it is necessary to avoid direct exposure to sunlight, not to place them on heaters and to avoid excessive humidity that exceeds the levels found in a normal living room. In addition, it is highly recommended that you handle the artwork using gloves or any other suitable protection in order to avoid scratches or stains.

There is no grant of rights

No copyright is granted when you purchase a work of art. When you buy a work of art, you are only acquiring its material property. Please note that no other rights are granted or implied in this transaction. Reproduction (copying), distribution, rental, public display or any other analogue or digital use of the artwork is strictly prohibited unless expressly permitted by law. It is essential that the User respects these legal restrictions, as violating them may result in prosecution, both criminally and civilly. However, the User has the right to resell the artwork.

Intellectual Property

All content on this website, including text, graphics, user interfaces, visual interfaces, photographs, illustrations, videos, trademarks, and logos, is owned by, controlled by, or licensed to Into.Gallery and is protected by trade dress, copyright, patent, trademark, and other intellectual property laws. © 2023, Into.Gallery. All rights reserved.

Privacy Policy

All information relating to the protection of the User’s personal data is detailed in Into.Gallery’s privacy policy. Our Privacy Policy is incorporated into and considered part of these Terms. It is important that you take the time to read it, as it contains Terms that apply to you.

Miscellaneous

There are no additional provisions to these Terms. Any amendment or addendum hereto must be made in writing.
The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If any provision of these Terms is or becomes invalid, the remaining provisions shall remain valid. In place of the invalid provision, the one agreed by the parties for the same purpose shall apply.
The same principle applies in the event of gaps.
If the User identifies any content that could be considered contrary to the law or the contract, they must report it to Into.Gallery using the form provided by the website.
In the event of any queries about the Terms and Conditions of Use of the Site, the User may send them to the e-mail address [email protected].
Into.Gallery reserves the right to change these Terms at any time. The new provisions will apply to future events.

Disputes

The European Commission provides an online platform for dispute resolution (OS), accessible at http://ec.europa.eu/consumers/odr/. Into.Gallery will endeavour to resolve conflicts amicably.
Into.Gallery does not undertake to participate in arbitration proceedings or to offer Users this possibility.

Applicable Law

These Terms are subject to German law. The Berlin District Court shall have exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms.
German law will be used in the event of a dispute arising from a contract concluded outside German territory. Into Gallery does not guarantee that its services are appropriate or available in international territory.
If the User is located in international territory, the User must agree and guarantee that his/her access to the Into.Gallery website and use of its services complies with all applicable local, state, national and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

Effective Date
These Terms enter into force on 07 July 2023.

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