LECHBINSKA
 
LEGAL
Terms and Conditions
These terms and conditions ("Terms and Conditions") set out the legal terms that apply to your use of our website https://lechbinska.gallery and all its subdomains (the “Website” and the other services that we provide (the "Services")).

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Website and the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean Lechbinska Gallery or an Lechbinska GmbH affiliate. Where we refer to "you" or "your" we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. We recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

1. About us
We are Lechbinska GmbH, and we operate the Website. We are a company registered in Switzerland and our registered office is at Mühlebachstrasse 12, CH-8008 Zürich. Our registered company number is Company No. CH-020.4.075.828-5, UID - CHE-355.746.808.

Please note that in the context of these Terms and Conditions, “we” can also relate to a legal entity, acting as an affiliate of https://lechbinska.gallery, which is endowed with all rights over the Website and/or Services, and which will be directly specified below, where appropriate.

2. Our services
The Services we offer allow you to access the Website, read the description of the artworks and purchase the works of art, by making an advance payment to our bank account.

When we accept payments for the pre-ordered works of art, we act on behalf of Lechbinska GmbH.

As part of the Services, we also provide some ancillary services such as arranging delivery of the works of art and providing you with customer service assistance. To use the Services, you must be over 18 years of age. By placing an order on the Website, you agree to receive:
  • Emails/push notifications or text messages (SMS) and instant messaging, which we can send you to inform you about the status of your order, in case your order was edited or canceled, or in other cases affecting fulfillment of your order.
  • Text messages (SMS) are sent to the mobile phone number, specified by you.
  • Calls to the mobile phone number, specified by you, offering to rate the quality of our service. These text messages and calls can come either from us or from third parties, which we can engage from time to time to perform our obligations according to these Terms and Conditions.

3. Our liability to you in relation to the Services
If in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for:
  • Death or personal injury caused by our negligence.
  • Fraud or fraudulent misrepresentation.
  • Any other liability which cannot be limited by law.

4. The products
We attempt to be as accurate as possible in the description of the works of art displayed on the Website. However, we cannot guarantee that all details are always accurate, complete or error-free. The images of the watches on the Website are for illustrative purposes only, and although we attempt to display the colors of the dial, strap, case, etc. accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.

We do not offer flawed works of art. If a work of art you have ordered is not as described, is flawed or of a lower quality, you can return it to us and after a proper examination of this work of art, you will receive a full refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

Under Switzerland law, as well as under any other law, regulating relationships of the parties within the sales contract of works of art, where appropriate, as a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.

5. Orders, prices, and payment
Your order for the works of art/goods is subject to these Terms and Conditions which are incorporated into the contract between you and us.

To order the works of art you must be over 18 years of age. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age and that there are sufficient funds in the account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the size and materials, etc.).

An indispensable condition for placing an order is a formation of agency agreement between you and us for the provision of services related to shipping and sales of the works of art. We are entitled to entrust an actual performance of our shipping obligations to a third-party delivery service, specified on the Website, or otherwise, at our discretion.

(a) Formation of the contract
When you place an order, you will receive an email confirming receipt of your order.

(b) Pricing and availability
Whilst we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, in rare cases, there may be cases where errors occur. If we discover an error in the price of any watch that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be treated as canceled. If you cancel and you have already paid for the watch, you will receive a full refund as soon as possible.
  • The price to be paid for a product (which includes VAT) will be the price quoted on our Site when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
  • Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
  • The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
  • If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  • Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mispricing we may end the contract, refund you any sums you have paid and require the returns of any goods provided to you.

(c) Payment
We can accept payment for watches in the following ways: bank transfer, cryptocurrency, card. After the payment you will find information about your purchase in your personal account.
We reserve the right to cancel your order in a case:
  • We discover that you do not meet the requirement established by these Terms & Regulations, i.e., you are under 18 years of age.
  • We discover that there are some errors in the specifications or price of the artwork you ordered.

6. Shipping
If required, Lechbinska GmbH offers to transport the object at the buyer's expense.
Please contact for this:
Tibbett+Britten Unique AG
Freight West
P.O. Box
8058 Zurich-Airport
Phone: +41 44 804 20 00
Fax: +41 44 804 20 09
E-mail: info@tbunique.ch

  • Delivery costs are not included in the prices and will be charged in addition.
  • Depending on your delivery address, different taxation rules and additional charges may apply and you may need to pay import duties upon receipt of the products.
  • You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.
  • Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. Otherwise, you will be responsible for refunding these import duties.

7. Returns Policy
Depending on where you live, you have a legal right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 («DSR»).

For further information on canceling your order under the DSR, please contact Us through the e-mail (info@lechbinska.gallery) section.

8. Our Website
This section sets out the rules that apply to your use of the Website (whether you use it to order watches or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

(a) Access to the Website
The Website is made available free of charge, and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.

(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website:
  • In any way that breaches any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
  • To cause harm, annoyance, inconvenience, or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

(c) Linking
We are happy for you to link to the Website, but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(d) Our liability in relation to the Website
We may update or change the Website or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties, or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Website, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising because of our supply of the Services to you.

9. Privacy Policy
We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

10. Intellectual property, software, and content
We are the owner or the licensee of all intellectual property rights on the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights on the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights, and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilize parts of the Website or the Content. You must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g., our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks, and images of third-party products, services, and/or locations featured on the Website are in no way associated, linked, or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
Proprietary Rights

All the Content such as images, data, contents, graphics, forms, artworks, photographs, functional components, video clips, audio clips, and documentation belong to Lechbinska GmbH as well as are strongly protected by Copyright.

Copyrighted materials can be used for non-commercial educational purposes in accordance with the following conditions:
(1) the content may only be used for teaching, scholarship, research, criticism, commentary, and news reporting;
(2) You must give credit and make a citation to the author and source of the content.

Artist Intellectual Property Rights
In order to protect the artists’ creativity, Lechbinska GmbH respects the intellectual property rights held by artists, their estates, and other rights holders. Accordingly, reproduction or redistribution of the Content or any part of the Content is strictly prohibited.
3D exhibition ReporLechbinskation

Lechbinska GmbH provides a 3D exhibition (Online Viewing Room) powered by Artland. The Content in the Online Viewing Room is only for informational purposes. Therefore, not only reproduction and redistribution of the Content in the Online Viewing Room but also downloading material for any commercial use and non-commercial use are strictly prohibited.

11. Other important information
Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in acting, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

12. Governing Law and Jurisdiction
Anything related to your order, use of the Websites, or these Terms and Conditions are governed by Switzerland law, regarding the cases when Lechbinska GmbH is the company providing the services.

The courts of Switzerland shall have exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions, under the condition that Lechbinska GmbH is a party to such a dispute or claim.

If you choose to access the Services from outside Switzerland, you do so on your own initiative and you are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of laws.

Approved Terms & Conditions
01.09.2022, Zürich