Terms & Conditions
1. GENERAL PROVISIONS
1.1. These Terms & Conditions (“Terms”) govern the sale of limited-edition artworks created using various generative software tools (each an "Artwork") via the online store ("Store") available on www.hre-art.com ("Website") operated by Katarzyna Karlen, Neuwilerstrasse 44, 4104 Oberwil, Switzerland (sole proprietorship), HRÈ, (“Seller”) to the customer ("Customer").
1.2. The Customer represents and warrants having the full right, power, and authority to enter into and comply with the Terms.
1.3. The Seller offers its products to Customers within EU, EEA, Switzerland, and UK.
1.4. By placing an order for a given Artwork, the Customer confirms acceptance of these Terms in full.
2. NATURE OF THE ARTWORKS AND CREATIVE PROCESS
2.1. The subject of sale consists of original Artworks created in Switzerland, offered as fine art prints, available exclusively in the formats, displayed on the Store.
2.2. All Artworks are created through an original, multi-stage, hybrid generative process, combining various digital tools and the Seller’s individual artistic decisions.
2.3. The Seller is the sole author of all Artworks and holds full copyright and intellectual property rights thereto.
2.4. Any resemblance to existing persons, artworks, places, or visual forms is purely coincidental and unintentional, resulting from the inherent nature of generative creative processes.
2.5. HRÈ retains all rights, titles, and interests to its intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights in the Artworks or any part of it. The purchase of an Artwork does not constitute a transfer of any Intellectual Property Rights to the Customer and the Customer solely acquires only the ownership of the Artwork.
3. LIMITED EDITIONS
3.1. All Artworks are issued as strictly limited editions of 15 prints.
3.2. Each print is individually numbered and accompanied by a certificate of authenticity.
3.3. No additional prints will be produced beyond the stated edition.
3.4. Once an edition is sold out, the Artwork will no longer be available for purchase.
3.5. The artist reserves the right to withdraw any artwork from sale at any time without prior notice. Unsold prints may be removed from availability at the artist's direction. Such withdrawal does not affect affect the integrity or total size of the edition.
4. FRAMING AND TECHNICAL SPECIFICATIONS
4.1. Each Artwork is offered framed with:
· museum-grade glass providing approximately 92% UV protection,
· handcrafted genuine wood frames, available in black (oak wood) or white (linden wood).
4.2. Custom framing options (alternative colors or wood types) may be available upon prior written request and individual agreement with the Seller via email contact or as otherwise documented in text form.
5. VISUALIZATIONS AND PRINT VARIATIONS
5.1. All images displayed on the Store or the Website are illustrative visualizations only. The appearance of an Artwork in real space may vary notably depending on the dimentions, proportions, wall color, lighting conditions and layout of the interior in which it is displayed.
5.2. Due to the natural characteristics of fine art printing, paper materials, and production processes, the final Artwork may differ slightly and subtly from on-screen representations, including minor variations in:
· contrast,
· brightness,
· grain structure,
5.3. Such variations are inherent to the medium and do not constitute a defect. The Customer hereby acknowledges and accepts such potential variations.
6. ORDERS AND CONTRACT CONCLUSION
6.1. By placing an order via the Store the Customer submits a binding offer to purchase the selected Artwork(s) under these Terms.
6.2. A sales contract is concluded once the Seller explicitly confirms the Customer’s order by electronic means.
6.3. We reserve the right to limit the quantity of artworks purchased per order.
6.4. The Seller reserves the right to refuse or cancel an order at its sole discretion, and notably in cases of technical errors, artwork unavailability, or incorrect Customer information. In the event of non-acceptance or cancellation of an order, the Seller shall inform the Customer without undue delay and refund any payments already made.
7. PRICES AND PAYMENT
7.1. Unless explicitly stated otherwise, all prices for Artwork are stated in CHF and refer to the purchase price of the Artwork only. For deliveries within Switzerland, no import duties or customs charges apply.
7.2. Shipping costs are displayed separately during checkout.
7.3. Import duties, VAT, customs charges, and any related fees imposed by the destination country are the responsibility of the Customer and are not included in the purchase price.
These charges are determined by local authorities and may vary depending on the destination country, the value of the shipment, and applicable regulations. For deliveries within Europe, import VAT typically ranges from approximately 17% to 27% of the declared value, though actual amounts may differ. The Seller has no control over these charges and cannot predict their exact amount. Customers are informed during checkout that additional import duties and taxes may apply and are payable upon delivery to the carrier or local customs authorities.
7.4. The Customer shall pay the purchase price for the selected Artwork(s) and the related shipping costs as indicated on the Store at via the payment methods made available by the Seller. All fees are payable in advance upon checkout. The Seller reserves the right to suspend the delivery of the Artwork until full payment. In case of a suspension, the Customer remains liable for all charges and fees incurred during the suspension period (if any).
8. PRODUCTION, DELIVERY AND LEAD TIME
8.1. Each Artwork is produced individually following the Customer’s order. The production process includes fine art printing, manual framing, and final quality control.
8.2. Due to the artisanal and multi-stage nature of this process, and unless otherwise displayed on the Store, the standard order fulfillment time is approximately five (5) to seven (7) weeks from the date of order confirmation. Indicated fulfillment time are not guaranteed and constitute indicative and non-binding timeline.
8.3. Artworks are packaged with appropriate care, reflecting their artistic and material value, in accordance with standard practices.
8.4. The Artwork remains the property of the Seller until full payment of the purchase price and any additional costs has been received.
9. SHIPPING & RISK
9.1. Unless otherwise explicitly agreed by the Seller, Artworks are shipped to EU, EEA, Switzerland, and UK only.
9.2. Risk of loss or damages transfers to the Customer upon handover to the shipping carrier. For international deliveries, FCA Incoterms 2020 apply.
9.3. Customers shall inspect the package and the Artwork immediately upon delivery and report visible damage or defects (incl. physical defect in the Artwork) within 48 hours. Failure to notify the Seller in text form of any damage or defects within this period shall be deemed acceptance of the Artwork.
10. RIGHT OF WITHDRAWAL (RETURNS)
10.1. Customers located in the EU and EEA and UK have a 14-day statutory right of withdrawal in accordance with applicable law. The Seller grants a 14-day contractual right of withdrawal to Customers located in Switzerland. The Customer shall declare its withdrawal within 14 days of receipt of the Artwork in text form to the Seller. The consumer may use the Return Request Form available on the website under the section "Return Policy". The Customer shall return the relevant Artwork within 14 days of declaring withdrawal.
10.2. For Customers that are not considered as consumers under applicable law, the Seller may, at its sole discretion, and subject to a formal confirmation, accept the return of an Artwork after its delivery.
10.3. Returns are accepted where the conditions in 10.1 or 10.2 above are fulfilled. The Customer is requested to return the Artwork in its original or equivalent protective packaging and to ensure the Artwork and frame are kept intact during return transport. For consumers exercising their statutory right of withdrawal under section 10.1, any damage, signs of handling beyond what is necessary to assess the Artwork, inadequate packaging, or other diminished value may result in a deduction from the refund in accordance with applicable law and section 11 below, but shall not affect the Customer's right to return the Artwork itself.
10.4. To the extent possible under applicable law, the Seller assumes no liability
for damage occurring during return transport.
10.5. The cost of return shipping is borne by the Customer.
10.6. Custom made offers, including those with specially commissioned frames, are non returnable, unless confirmed explicitly by the Seller under 10.2 above.
11. REFUNDS
11.1. Refunds for returns under section 10 above, or for damaged or defective Artworks under section 9.3 above are issued only after inspection and approval, and in any case within the timeframe required by applicable law.
11.2. Refunds apply exclusively to the value of the Artwork, less any applicable deductions, including but not limited to deductions for diminished value. For Customers that are not considered as consumers under applicable law, or that are consumers located in Switzerland, original shipping and delivery costs are excluded from any refund and remain payable by the Customer. For Customers that are consumers located in the EU, UK and EEA, original standard shipping and delivery costs are refunded in accordance with applicable law.
11.3. Except where prohibited by applicable law, or otherwise set forth under these Terms, custom made offers, including those with specially commissioned frames, are non refundable.
11.4. Import duties, VAT, customs charges, clearance fees, and any similar taxes imposed by the destination country are non-refundable. These charges are collected by local authorities and are not part of the purchase price. Any such costs incurred during the return shipment are also the responsibility of the Customer.
12. LIABILITY, WARRANTY, AND FORCE MAJEURE
12.1. The Seller is fully liable to the Customer for damages resulting from the Seller's gross negligence or wilful misconduct. In all other cases, the Seller's liability under the Terms is excluded to the maximum extent permitted under applicable law.
12.2. To the maximum extent permitted under applicable law, all warranties related to the Artwork are excluded.
12.3. Neither party shall be liable for any failure to perform its obligations under these Terms (other than payment obligations) caused by circumstances beyond the partie's reasonable control (force majeure). The affected party shall notify the other party as soon as reasonably practicable of the occurrence of a force majeure event and shall use reasonable efforts to mitigate the effects of such event. The time for performance of such obligations shall be extended for the period during which performance is prevented due to the force majeure event.
13. RIGHTS OF THE SELLER
13.1. The Seller may amend the Terms, including the fees, from time to time at its sole discretion by publishing an updated version of the Terms on the Website. The Customer should check the Terms before each order.
13.2. The Seller may subcontract third parties for all its obligations under these Terms but is liable to the Customer for its subcontractors to the extent set forth in these Terms.
14. CONTACT AND NOTICES
Unless written form is explicitly required, notices can be made in text form, and are to be sent to the following contact addresses:
- to Seller's attention to: contact@hre-art.com
- to Customer's attention: to the last communicated or available address or email, or in the Services.
15. GOVERNING LAW AND JURISDICTION
These Terms and all contracts concluded hereunder are governed by substantive Swiss law (excl. CISG) and subject to the exclusive jurisdiction of the ordinary at the seat of the Seller. Statutory rules applicable for consumers are reserved.