About

Site Terms Of Use

1. Introduction 
a. Thank you for visiting our website, www.peterkilchmann.com (the “Site”). This Site is operated by Galerie Peter Kilchmann AG, a company incorporated in Zurich, Switzerland with company number CHE-114.868.413 and having its registered office at Zahnradstrasse 21, 8005 Zürich (“Galerie Peter Kilchmann”, “we,” “us” or “our”).
b. These Site Terms of Use (“Terms”) (together with the documents expressly referred to in them) provide information about us and the legal terms and conditions which apply to your access and use of our Site and on which Products (“Products”) listed on our Site are sold to you.
c. Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
d. During your use of the Site our Privacy Policy.
e. These Terms, and any further contract between us, are available only in the English language. So far as applicable law permits, no other languages will apply.

2. Variation 
a. We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. Galerie Peter Kilchmann AG provides you with access to and use of the Site subject to your compliance with the Terms.
b. No changes to these Terms are valid or have any effect unless agreed by us in writing.
c. Nothing in these Terms affect your statutory rights (see section 5.c for more details).
d. These Terms were most recently updated on 3 March 2019.

3. Site use and accessibility
The Site is for your personal and non-commercial use only. Please contact us using the email address below if you are a business use and would like a copy of our terms for business users.

a. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms or any documents expressly referred to on it, or any applicable law.
b. Galerie Peter Kilchmann AG is committed to providing a website that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Site and in doing so aim to adhere to many of the available accessibility standards and guidelines.
c. Whilst we are continually seeking out solutions that will bring all areas of the Site up to the same level of overall accessibility, in the meantime, should you experience any difficulty in accessing the Site, please don’t hesitate to contact us on info@peterkilchmann.com


4. Ownership, use and intellectual property rights
a. All copyright, trade marks, domain names, design rights, database rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site including all content and applications located on the Site shall remain vested in Galerie Peter Kilchmann AG or its licensors. All such rights are reserved.
b. You may retrieve and display the content on the Site on a device screen and print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the Site without written permission from Galerie Peter Kilchmann AG.
c. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
d. The use or reproduction of any Galerie Peter Kilchmann AG trade marks appearing on the Site is strictly prohibited unless you have our prior written permission.
e. Please contact info@peterkilchmann.com in relation to any queries or requests regarding materials on the Site. 

5. Accuracy of information and availability of the Site
a. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
b. We may suspend or terminate operation of the Site at any time as we see fit.
c. You may have certain legal rights when using the Site (These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015.
d. Content is provided for your general information purposes only and to inform you about us and our products, news, features, services and other websites that may be of interest.
e. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.  

7. Hyperlinks and third party sites
a. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

 8. Submitting information to the Site
a. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions“). While we value your feedback, you agree not to send any Unwanted Submissions.

b. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

9. Other important terms
a. We may transfer rights and obligations under these Terms to another organisation. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these Terms.

b. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

10. Events beyond our control
a. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

11. Rights of third parties
a. No one other than a party to these Terms has any right to enforce any of these Terms.

12. Our responsibility for loss or damage suffered by you
a. Whether you are a consumer or a business user:
i. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
ii. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you.

b. If you are a business user:
i. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
ii. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 1. use of, or inability to use, our Site; or 2. use of or reliance on any content displayed on our Site.
iii. In particular, we will not be liable for: 1. loss of profits, sales, business, or revenue; 2. business interruption; 3. loss of anticipated savings; 4. loss of business opportunity, goodwill or reputation; or 5. any indirect or consequential loss or damage.

c. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Please contact us using the email address below if you are a business user and would like a copy of our terms for business users.

13. Severability
a. To the extent that applicable law permits, each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14. Disputes 
a. We will try to resolve any disputes with you quickly and efficiently.
b. If you are unhappy with us please contact us as soon as possible.
c. If you and we cannot resolve a dispute using our complaint handling procedure, we will:i. let you know that we cannot settle the dispute with you; and  ii. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal here.
d. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
e. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

1. Introduction
1.1. We appreciate you visiting our website www.peterkilchmann.com (the “Site“), operated by Galerie Peter Kilchmann AG (“Galerie Peter Kilchmann “, “we,” “us” or “our” being interpreted accordingly). We are committed to protecting your privacy and we have created this policy (“Privacy Policy“) to let you know what to expect when you interact with us on the Site, use our services or order products (collectively the “Services”).

1.2. This Privacy Policy may be updated from time to time and we will notify you of any material changes by posting the new Privacy Policy on the Site. We recommend you consult this Privacy Policy regularly for any changes.

2. Legal obligations
2.1. We collect and process your Personal Data in accordance with applicable laws that regulate data protection and privacy. This includes, without limitation, the Data Protection Act 1998 and from 25 May 2018 the EU General Data Protection Regulation (2016/679).

3. Information we collect from you
3.1. We may collect the following information from you: first name(s) and last name, email address, postal address, phone number, IP address, location data and information regarding your use of our Site and purchases you have made from it.

3.2. Such personal information is referred to in this Policy as ‘Personal Data’.

3.3. If you choose not to provide Personal Data, we may not be able to comply with a request for information or provide you with our Services.

3.4. We may collect the information you give in various ways, for example, if you:
– fill in forms on our Site;
– place an order on our Site;
– correspond with us with queries, comments, complaints or problems regarding the Site;
– enter a competition, promotion or complete a survey; and
– browse our Site (please see ‘Cookies’ section below).

 4. How we may use your Personal Data
4.1. We may use your Personal Data for the following purposes:
– Direct marketing: to provide you, or permit any member of our group (see paragraph 5.1 below for further details), to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, we will contact you by electronic means only if you have consented to this. If you do not want us to use your Personal Data in this way, or to pass your details on to other members of our group for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form or registration form);

– Website operation and improvement: to ensure that content from our Site is presented in the most effective manner for you and for your device, which may involve troubleshooting, data analysis, testing, research, statistical and survey purposes;

– Administration purposes: to administer our Site, for internal operations and to notify you about changes to our Service;

– Data combining: to assess and improve the effectiveness of the content of our electronic marketing emails, we may combine data on the emails you have been sent and whether you have clicked links within those emails.

5. Disclosure of Your Information
5.1. We will not sell or lease your personal information to third parties. We will not disclose Personal Data to third parties without you knowing about it. The exceptions are:
– For sales and marketing purposes only, any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

– Where we need assistance of third party data processors, acting under our instructions, who assist us in the performance of a contract we enter with you (e.g. payment processor, suppliers and sub-contractor);

– analytics and search engine providers that assist us in the improvement and optimization of our Site by analyzing how the Site is used and the path users take before making a purchase;

– in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;

– if Galerie Peter Kilchmann AG or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and

– if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of and other agreements; or to protect our rights, property, or safety or that of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

6. International transfers
6.1. Your Personal Data may be processed by staff operating at a destination outside the European Economic Area (“EEA”) who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with applicable law and this Privacy Policy.

6.2. We have also contracted with third party providers who may transfer your Personal Data to the United States, including:
– We use Directmail (“Directmail “) to process newsletter subscriber data and to deliver some of our ecommerce services. When you sign up to receive newsletter updates from us, your Personal Data is transferred to and processed by Directmail.

.3. Directmail signed up to the EU-US Privacy Shield Framework in the United States which means that it is committed to protecting Personal Data to standards that are equivalent to EU legal principles for data protection and we shall aim to ensure that your data is treated to the same security standards you would expect in your own country. For more information about this:
– you can read Directmail’s Privacy Policy here: https://www.directmail.com/privacypolicy/

6.3. Any other transfers of your Personal Data for processing will either be subject to a European Commission approved contract, designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your Personal Data, or confirmation from the third party that they are signed up to the EU-US Privacy Shield Framework.

7. Links to other websites
8.1. Our Site may contain links to other websites of interest. However, once you have used these links to leave our Site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites because such websites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.

8. Cookies
8.1. Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer, laptop or mobile media device’s hard drive for record-keeping purposes.

8.2. We use session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Galerie Peter Kilchmann AG users and web traffic routing on the Site.

8.3. We also make use of persistent cookies which stay on your computer, laptop or mobile media device after you have gone offline. Persistent cookies can be found in your browser’s cookies folder and remain there after you have gone offline.

8.4. We do not link the information we store in cookies to any personally identifiable information provided by users.

8.5. We may collect personal information about how you use the Site including traffic data, location data, weblogs, other communication data, and the resources that you access or use.

8.6. You may refuse to accept cookies by activating the settings on your browser which allows you to refuse the setting of cookies. You can learn how to do this by accessing the ‘Help’ function on your browser. However, if you select this setting, you may be unable to access certain parts of the Site or discover that you have a reduced functionality whilst using the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Site.

8.7. Please be aware that if you visit our Site after clicking a link on another website, you should note that we do not have any control over the cookies used by the operator of that website.

8.8. For more information on cookies please visit the Information Commissioner’s Office (ICO) cookies information page here.

9. Your rights
9.1. In accordance with your legal rights under applicable law, you can request information about the Personal Data that we hold about you, what we use that Personal Data for and who it may be disclosed to.

9.2. You can also request that we:
– correct Personal Data that we hold about you which is inaccurate or incomplete;
– erase your Personal Data for marketing purposes (see ‘Direct marketing’ above).

9.3. All of these requests may be forwarded on to a third party provider who is involved in the processing of your Personal Data.

9.4. If you would like to exercise any of the rights set out above, please write to our data protection contact at the email address in the ‘Contact’ section below. Where applicable law allows, we may request a fee to cover our administrative expenses in responding and may also require further information to verify your identity or locate the specific information you seek before we can respond in full.

9.5 If you wish to update your preferences or unsubscribe from newsletter communications, you can do so via the links found at the bottom of the relevant communication, or in the ‘Your Account’ area of the Site if you have created an account.

9.6. If you are not satisfied with our response or believe we are processing your Personal Data other than in accordance with applicable law you can complain to the Information Commissioner’s Office (ICO) in the United Kingdom.

10. Retention period
We will retain certain Personal Data in respect of financial transactions for as long as the law requires us to for tax or accounting purposes (which in the CH may be up to 10 years after a particular transaction). In respect of the holding of Personal Data for direct marketing purposes, we will retain this data for a limited period in line with recommendations of the ICO and other competent regulatory authorities.

11. Contact
If you have further queries or requests relating to how we use Personal Data, please email us info@peterkilchmann.com 

Cookie Policy

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer, laptop or mobile media device’s hard drive for record-keeping purposes.

We use session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Galerie Peter Kilchmann AG and web traffic routing on the Site. We also make use of persistent cookies which stay on your computer, laptop or mobile media device after you have gone offline. Persistent cookies can be found in your browser’s cookies folder and remain there after you have gone offline.

We do not link the information we store in cookies to any personally identifiable information provided by users.

We may collect personal information about how you use the Site including traffic data, location data, weblogs, other communication data, and the resources that you access or use.

You may refuse to accept cookies by activating the settings on your browser which allows you to refuse the setting of cookies. You can learn how to do this by accessing the ‘Help’ function on your browser. However, if you select this setting, you may be unable to access certain parts of the Site or discover that you have a reduced functionality whilst using the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Site.

Please be aware that if you visit our Site after clicking a link on another website, you should note that we do have any control over the cookies used by the operator of that website.

For more information on cookies please visit the Information Commissioner’s Office (ICO) cookies information page here.