Terms of Service

Last updated: January 5, 2025

1. Introduction and Acceptance of Terms

Welcome to BCK Art Gallery ("we," "us," "our," or "BCK Art"). These Terms of Service ("Terms") govern your access to and use of our website bckart.com (the "Website") and the purchase of artworks through our online platform (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Service.

BCK Art Gallery is operated from Switzerland and is governed by Swiss law.

2. Definitions

"Artwork" refers to any original art, limited edition print, sculpture, or other artistic work offered for sale on our Website.
"User," "You," "Your" refers to any individual or entity accessing or using our Service.
"Purchase" refers to the transaction of buying an Artwork through our Website.
"Order" refers to your request to purchase one or more Artworks.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our Service and make purchases. By using our Service, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

While browsing our Website does not require an account, certain features (such as saving wishlist items) may use browser session storage. You are responsible for:

Maintaining the security of your browser and device
All activities that occur under your session
Notifying us immediately of any unauthorized use

5. Artwork Listings and Descriptions

5.1 Accuracy of Information

We strive to provide accurate descriptions, measurements, conditions, and images of all Artworks. However:

Colors may vary slightly due to screen settings and photography
Measurements are approximate and may have minor variations
Artwork condition is described to the best of our knowledge

5.2 Availability

All Artworks are subject to availability. We reserve the right to:

Limit quantities of any Artwork
Discontinue any Artwork at any time
Refuse orders for any Artwork

5.3 Pricing

All prices are listed in Swiss Francs (CHF) and other supported currencies. Prices:

Are subject to change without notice
Do not include shipping costs, taxes, or import duties (unless stated)
Are binding at the time of order confirmation

5.4 Limited Editions

For limited edition Artworks:

Edition numbers and signatures are as described in the listing
Certificates of Authenticity are provided when available
Provenance information is disclosed when known

6. Ordering Process

6.1 Placing an Order

To place an order:

Add desired Artworks to your shopping cart
Review your order and proceed to checkout
Provide accurate shipping and billing information
Select your preferred payment method
Review and confirm your order

6.2 Order Confirmation

After you place an order, you will receive an order confirmation email. This email:

Confirms receipt of your order
Does NOT constitute acceptance of your order
Is followed by a separate order acceptance email once we verify availability and payment

6.3 Order Acceptance

We reserve the right to:

Accept or decline any order for any reason
Verify payment information before processing orders
Request additional information or documentation
Cancel orders if Artwork is no longer available

A binding contract is formed only when we send you an order acceptance email and charge your payment method.

7. Payment

7.1 Payment Methods

We accept the following payment methods:

Credit Cards: Visa, Mastercard, American Express (processed via Stripe)
Digital Wallets: Apple Pay, Google Pay (processed via Stripe)
Cryptocurrency: Bitcoin (BTC), Ethereum (ETH), USDT, USDC (processed via NOWPayments)

7.2 Payment Processing

- Card payments are processed securely by Stripe, a PCI DSS Level 1 certified payment processor
- Cryptocurrency payments are processed by NOWPayments
- We do not store your full credit card information on our servers
- Payment is charged when your order is accepted

7.3 Payment Security

All payment transactions are encrypted using SSL/TLS technology. For your security:

Never share your payment information via email
Ensure you are on our official website (https://bckart.com) before entering payment details
Review your statements regularly for unauthorized charges

7.4 Failed Payments

If your payment fails:

We will notify you by email
Your order may be cancelled if payment is not resolved within 48 hours
The Artwork may be made available to other buyers

8. Shipping and Delivery

8.1 Shipping Costs

Shipping costs are calculated based on:

Artwork size and weight
Destination country and address
Selected shipping method

Shipping costs are displayed at checkout before you complete your purchase.

8.2 Shipping Methods

We offer various shipping options:

Standard Shipping: 7-14 business days
Express Shipping: 3-5 business days
Premium Shipping: 1-3 business days (for select regions)

8.3 Processing Time

Orders are typically processed within 2-3 business days. Larger or more delicate Artworks may require additional preparation time for secure packaging.

8.4 Packaging

All Artworks are:

Professionally packaged with protective materials
Insured during transit
Shipped in sturdy, weather-resistant packaging

8.5 International Shipping

For international orders:

You are responsible for all customs duties, taxes, and import fees
Delivery times may vary due to customs clearance
We provide all necessary customs documentation
Some countries may have restrictions on importing artworks

8.6 Tracking

Once your order ships, you will receive:

Shipping confirmation email with tracking number
Carrier information and estimated delivery date
Ability to track your shipment online

8.7 Delivery Issues

If you experience delivery problems:

Contact us immediately at arts@bckart.com
We will work with the carrier to resolve the issue
Refunds or replacements are provided for lost or damaged shipments

9. Returns and Refunds

Please refer to our detailed Returns & Refunds Policy for complete information on:

Return eligibility and time frames
Return process and procedures
Refund processing times
Non-returnable items
Damaged or defective Artworks

10. Authenticity and Condition

10.1 Authenticity Guarantee

We guarantee the authenticity of all Artworks sold on our platform:

All Artworks are sourced directly from artists, official galleries, or verified dealers
Certificates of Authenticity are provided when available
Provenance documentation is included for significant works
If authenticity is questioned, we will work to resolve the matter or accept returns

10.2 Condition Reports

Condition is described accurately in each listing. If you require additional information or high-resolution images, please contact us before purchasing.

11. Intellectual Property Rights

11.1 Artwork Copyright

When you purchase an Artwork:

You acquire ownership of the physical Artwork
You do NOT acquire copyright or reproduction rights unless explicitly stated
Copyright remains with the artist or copyright holder
You may not reproduce, distribute, or publicly display the Artwork without permission

11.2 Website Content

All content on our Website, including:

Text, images, graphics, logos, and designs
Software, code, and functionality
Photographs of Artworks
Artist biographies and descriptions

is owned by BCK Art Gallery or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, or distribute this content without our written permission.

12. User Conduct

You agree NOT to:

Use the Service for any illegal or unauthorized purpose
Violate any laws in your jurisdiction
Infringe on intellectual property rights
Transmit viruses, malware, or harmful code
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any part of the Service
Use automated tools (bots, scrapers) without permission
Impersonate another person or entity
Engage in fraudulent activities

13. Limitation of Liability

To the fullest extent permitted by applicable law:

BCK Art Gallery shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability for any claim shall not exceed the amount you paid for the specific Artwork in question
We are not liable for delays or failures due to circumstances beyond our reasonable control (force majeure)
We do not guarantee uninterrupted or error-free operation of the Website

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

14. Disclaimers

THE SERVICE AND ALL ARTWORKS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Warranties regarding availability, reliability, or accuracy of the Service
Warranties that defects will be corrected

15. Indemnification

You agree to indemnify, defend, and hold harmless BCK Art Gallery, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Your breach of any representations or warranties

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

16.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Switzerland.

16.3 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us at arts@bckart.com to attempt to resolve the dispute informally.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last updated" date.

Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

For material changes, we may provide additional notice (such as email notification).

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Returns & Refunds Policy, constitute the entire agreement between you and BCK Art Gallery regarding the Service.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of BCK Art Gallery.

21. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

22. Contact Information

If you have any questions about these Terms of Service, please contact us:

BCK Art Gallery
Email: arts@bckart.com
Contact Form: Contact Page

23. Consumer Rights

These Terms do not affect any statutory rights you may have as a consumer under applicable consumer protection laws. If you are a consumer in the EU or Switzerland, you have additional rights under consumer protection legislation.