These General Terms and Conditions (hereinafter "Terms") apply in conjunction with the Buyer Terms.
The Terms apply to all sales of Products made through the Service between the Saguaro Gallery and the Buyer. They are intended to govern the relationship between the Saguaro Gallery and the Buyers of Products. The relationships between the Buyers and Saguaro Gallery are governed by the Buyer Terms.
1- Conclusion of the sales contract between the Buyer and the Vendor
1) The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
2) The Buyer selects the Artwork(s) he wishes to purchase.
3) He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. He chooses his payment method: credit card or bank transfer to Saguaro Gallery's account. If he chooses to pay by credit card, he immediately proceeds to payment. If he chooses to pay by bank transfer, he processes the transaction as soon as possible so that payment is actually received in Saguaro Gallery's bank account within 5 business days.
4) The Buyer receives an email confirmation that states that the order has been accepted. However, the sale contract between the Buyer and Saguaro Gallery shall be subject to the condition that the Product is available and the transfer has been received if the Buyer has chosen this method of payment.
5) The Vendor is informed by Saguaro Gallery each time an Artwork he posted was subject of an order.
6) The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 5 days of receipt of the information referred to in paragraph 5). In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
7) Once the availability of the Product(s) is confirmed or denied by the Vendor, an email is sent by Saguaro Gallery to the Buyer to inform him.
8) In the event of confirmation of availability of the Product(s) by Saguaro Gallery, the condition subsequent tied to the sales contract between the Buyer and Saguaro Gallery is lifted; Saguaro Gallery agrees to deliver the Products or make them available at the point of sale within the period specified once Saguaro Gallery confirms receipt of payment.
In the absence of confirmation of availability of the Product(s) within the period referred to in point 6), or non-receipt of payment by Saguaro Gallery within 5 business days from the date of order, the contract between the Buyer and Saguaro Gallery is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged.
However, only the contract for the sale of unavailable Products falls within this resolution.
In the event of confirmation of the availability of all or some of the Products ordered by the Buyer and confirmation of receipt of payment by Saguaro Gallery if the Buyer chose this method of payment, the Products are shipped by Saguaro Gallery or picked up by the Buyer in the manner laid down in Article 4.
2- Price and payment
The purchase price of the Product is determined by Saguaro Gallery. It is stated in Euros on the description, incl. tax, but excluding shipping costs that will be specified during the shopping cart confirmation. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible to check with the relevant authorities.
The Buyer will be charged the price for the Product purchased plus delivery charges once Saguaro Gallery has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled. In the event that availability is confirmed by Saguaro Gallery, the Buyer shall be charged after a delay of 5 days from when he has confirmed his order.
Payment for purchases made through the Service may also be made by bank transfer into Saguaro Gallery's account. The transfer must be made within 5 business days from the date of order.
3- Security of payments
Saguaro Gallery has chosen powerful and strict tools in terms of securing payment methods. Saguaro Gallery has adopted as a payment method the Stripe System, using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
Saguaro Gallery has, in no event, access to confidential information relating to the payment method that the Customer uses during checkout. That is why the Customer's bank details will be requested for each new order. In fact, only Stripe has the confidential information which remains inaccessible to third parties.
Although Saguaro Gallery uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. Saguaro Gallery cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4- Shipping methods and fees
4.1 Shipping from the Vendor to the Buyer's home
The Buyer has the option to have the Artwork delivered to his home by indicating so when placing his order. The Artwork shall be delivered to the address provided by the Buyer during his order. Saguaro Gallery is in charge of packing the Artwork and making it available to a carrier. Transportation costs will be accepted by the Buyer when confirming his shopping cart.
Depending the Buyer's delivery address, different taxation rules and additional charges may apply. If the Buyer is shipping items from outside of his territory, he may need to pay import duties upon receipt of the products. We have any control over these charges and we cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
Saguaro Gallery agrees to make the Artwork ordered available to the carrier in the time indicated on the Artwork's form from the date of confirmation of availability of the Product ordered or the date of receipt of the transfer if the Buyer has chosen this method of payment; Saguaro Gallery makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered no later than 7 business days after confirmation that the Product has been made available to the carrier by Saguaro Gallery, the period varying depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he gives to Saguaro Gallery for this purpose is and shall remain correct and that they will unable him to receive the Product that he bought on the Site.
Saguaro Gallery agrees to provide the name of the carrier dealing with the transport of the Product to the Buyer as well as the number of the package. This allows the Buyer to track the status of its order on the carrier's website, provided that the carrier offers a package tracking service.
4.2 Withdrawal by the Buyer from the Saguaro Gallery's point of sale
The Buyer may also pick up the Artwork(s) ordered on the Site directly at the Saguaro Gallery's outlet.
The Buyer indicates, for each Artwork, the delivery method (Home delivery or Pick-up by the buyer) he chooses while confirming his order on the Site.
In the event of a withdrawal from the Saguaro Gallery's point of sale, the Buyer will not be required to pay the shipping costs.
Once the Buyer has placed his order, provided that the Artwork is available and that Saguaro Gallery confirmed the good reception of payment if the Buyer has chosen this method of payment, Saguaro Gallery makes the Artwork ordered available to the Buyer within a period specified in the sales Ad and indicated in the details of the Artwork.
Saguaro Gallery shall specify when the Artwork is available to the Buyer at the outlet. The Buyer will then receive an email notice from Saguaro Gallery.
The Buyer has 15 days from receipt of the aforementioned email to collect the Artwork at the address specified by Saguaro Gallery.
Saguaro Gallery will deliver the Artwork, the invoice and certificate of authenticity to the Buyer after verifying the identity of the latter.
5- Right of cancellation
In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.
For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is also applicable.
The Buyer exercises his/her right of withdrawal directly from Saguaro Gallery by sending an email to: firstname.lastname@example.org. Saguaro Gallery will then notify the Seller via email. Saguaro Gallery will manage the return of the work and will bear the cost of returns. If the Buyer returns the work him/herself, before waiting for Saguaro Gallery’s instructions regarding the management of the return, he/she will not be able to claim reimbursement of delivery costs. The Buyer will therefore, have full responsibility of the shipment costs and any potential damage to the work upon its arrival. The refunds of Saguaro Gallery to the Buyer are made once notified good reception of the work. The work must be returned in perfect condition by the Buyer and in its original packaging (or equivalent).
6- Litigation - Disputes
Saguaro Gallery undertakes to deliver a quality service to Buyers.
In this regard, any Buyer has the ability to report, by emailing Saguaro Gallery at the address email@example.com, within 21 days from the receipt of any Artwork, any claim concerning the Artworks ordered, following the hereafter criteria:
Product not received: the Product has not been received by the Buyer
Non-compliant Product: the received Product does not correspond to the ordered Product
Damaged Product: the received Product is damaged or broken.
Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement of the Buyer by Saguaro Gallery or only in the reimbursement, total or partial, of the Buyer.
In case of return of the Artwork by the Buyer, Saguaro Gallery will be responsible for organizing the return of the Work and for taking all the costs to be borne by it.
In this case the price of the Product(s) purchased and the shipping costs paid by the Buyer when placing his order will be reimbursed by Saguaro Gallery once notified the receipt of the Artwork.
As a complement to Article 6 of the Buyer Terms and Article 8 of the Vendor Terms, the Buyer and Saguaro Gallery are advised that all data collected through the Service when placing orders is processed by Saguaro Gallery for processing purposes of the orders. The Buyer's information and data relating to the delivery are collected for the sole purpose of enabling them to ship the ordered Artworks. They cannot, under any circumstances, be used for other purposes. The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders.
8- Partial nullity
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
9- Applicable law