General Terms and Conditions (GTC)

1. Scope

1.1 These General Terms and Conditions, in the version valid at the time of the order, apply to all orders placed via the online shop tribal.art.

1.2 The provider is:

Jean David, St. Jakobs-Strasse 59, 4052 Basel, Switzerland, Email: info@tribal.art

(hereinafter referred to as "we", "tribal.art" or "provider")

1.3 This webshop offers catalogues and books on African art as well as complementary African objects, textiles and carpets to customers in Switzerland, the EU and worldwide.

1.4 By submitting an order, the customer agrees to these terms and conditions. Any differing terms and conditions of the customer will not be recognised unless we have expressly agreed to them in writing.

2. Customer account

2.1 Orders can be placed with a customer account ("My Account") or as a guest.

2.2 We may block or delete a customer account if there is reasonable suspicion of misuse.

3. Conclusion of contract

3.1 The presentation of the products in the shop is not a binding offer, but an invitation to place an order.

3.2 By clicking the "Place order" button, the customer submits a binding offer. Before submitting the order, all entries in the shopping cart and at checkout can be reviewed and corrected. The customer will immediately receive an automatic order confirmation by email; this documents the receipt of the order.

3.3 The purchase contract is concluded when we accept the order by sending an order confirmation via e-mail, but at the latest upon dispatch of the goods or upon debiting of the payment.

3.4 If we are unable to accept an order – for example, because a single item (e.g., a specific auction catalogue, an antique book, or a carpet) has already been sold – we will inform the customer immediately and fully refund any payments already made.

3.5 We store the contract text. Customers receive these terms and conditions, including the withdrawal policy, with the order confirmation via email; the current version is also available at any time at tribal.art/terms-conditions/.

4. Products, condition and descriptions

4.1 Many of the books, auction catalogues, objects, and carpets offered are used, antique, or unique items. The condition (e.g., "New," "Used," "Antique") is described in the product description to the best of our knowledge.

4.2 Minor variations in colour, patina, or pattern may occur in antique and used items, as well as in textiles and carpets, due to material or presentation limitations. These do not constitute a defect.

4.3 Information regarding origin, age, or cultural affiliation is based on our professional assessment and – where available – on expert opinions. Absolute scientific certainty cannot be guaranteed in every case. We will gladly provide existing expert opinions or provenance information upon request.

5. Prices

5.1 The price in Swiss francs (CHF) displayed in the shop at the time of ordering is decisive. The contract and invoice currency is exclusively CHF.

5.2 We are not subject to VAT; therefore, the prices quoted do not include Swiss VAT and none is shown.

5.3 Prices do not include shipping costs. These depend on weight, size, and destination country and are displayed at checkout before order completion.

6. Delivery

6.1 The delivery time is usually 2–5 working days within Switzerland and 5–14 working days to the EU and other countries, calculated from the conclusion of the contract.

6.2 In the event of redelivery due to incorrect address information, the customer shall bear the additional shipping costs.

6.3 We are entitled to make partial deliveries, provided these are reasonable for the customer; we will bear any additional postage costs incurred.

6.4 The risk passes to the customer upon delivery of the goods. We request that any transport damage be reported within seven days of receipt and that the packaging be retained until the matter has been resolved.

7. Customs duties, import taxes, cultural goods

7.1 For deliveries outside of Switzerland, customs duties, import VAT, and customs clearance fees may apply, depending on the destination country. These are not included in the purchase price or shipping costs and must be paid by the customer directly to the carrier or the relevant authority.

7.2 Certain African art objects, textiles, or carpets may be subject to import and export restrictions (e.g., cultural heritage protection, species protection/CITES for certain natural materials). Customers are responsible for informing themselves about the regulations applicable in the destination country before purchasing. We will provide existing certificates of origin and authenticity upon request, but we do not guarantee importability into a specific country.

8. Payment

8.1 The purchase price is due upon ordering.

8.2 Payment is processed via the payment service provider Stripe using credit card, debit card, Apple Pay, or Google Pay. Stripe's terms of service also apply.

9. Right of withdrawal

9.1 The customer has the right to withdraw from the purchase contract within 14 days from the day on which they or a third party designated by them received the goods, without giving any reason. We grant this right even where Swiss law does not recognise a statutory right of withdrawal.

9.2 To exercise your right of withdrawal, a clear declaration is sufficient (e.g., by email to info@tribal.art or by letter to tribal.art, Jean David, St. Jakobs-Strasse 59, 4052 Basel, Switzerland). The model withdrawal form below may be used, but is not mandatory. Timely dispatch of the declaration is sufficient to meet the deadline.

9.3 The right of withdrawal does not apply to goods that have been procured according to the individual wishes of the customer or that have been specially purchased abroad for them and are marked as such in the product description.

9.4 Consequences of Withdrawal: We will refund all payments received, including the costs of standard delivery, within 14 days of receiving your withdrawal notice, using the same payment method used for the order. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

9.5 The goods must be returned immediately, but no later than 14 days after notification of withdrawal, to the address specified in clause 12. The customer bears the costs and risk of return shipping (including any import duties), unless the delivered goods do not correspond to the order.

9.6 The customer is liable for any loss in value of the goods only if this is due to handling that is not necessary for checking the condition, properties and functionality.

Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and return it.)

To: tribal.art, Jean David, St. Jakobs-Strasse 59, 4052 Basel, Switzerland, Email: info@tribal.art

I/We hereby revoke () the one from me/us () concluded contract for the purchase of the following goods (*):

Ordered on () / received on ():

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for notifications on paper):

Date:

(*) Delete as appropriate.

10. Warranty

10.1 We ask customers to inspect the goods upon receipt and to inform us promptly of any recognizable defects.

10.2 If a defect is present upon delivery, we will repair or replace the goods. If this fails or is impossible, the customer may withdraw from the contract or reduce the purchase price.

10.3 The warranty period is two years from receipt of the goods, and one year for used and antique items.

10.4 Condition details expressly stated in the product description (e.g. for antique books, objects or carpets) do not constitute a defect if the delivered goods correspond to this description.

10.5 We are only liable for information regarding the origin, authenticity, dating or value of art objects, carpets or antique works if this information is expressly marked as a binding assurance.

10.6 For consumers residing in the EU, the mandatory statutory warranty rights of their country of residence remain reserved.

11. Liability

11.1 Our liability, as well as that of our agents, is limited to intent and gross negligence. We are not liable for indirect damages, consequential damages, or lost profits.

11.2 Liability for damages resulting from injury to life, body or health, liability under the Product Liability Act and liability for breach of essential contractual obligations shall remain unaffected, insofar as it may not be limited by law.

12. Return and contact address

tribal.art Jean David St. Jakobs-Strasse 59 4052 Basel Switzerland E-Mail: info@tribal.art

13. Data Protection

Information on the processing of personal data can be found in our privacy policy at tribal.art/impressum-datenschutz/.

14. Usage rights

If images, text excerpts, or other copyrighted content are provided with a product, these are intended solely for the private, non-commercial use of the customer. Any further use, in particular reproduction, public display, or distribution for commercial purposes, requires our express consent.

15. Language

The contract language is German. Translations of these terms and conditions and the website are for informational purposes only. In case of discrepancies, the German version shall prevail.

16. Changes to the Terms and Conditions

We may amend these terms and conditions with future effect. For contracts already concluded, the version valid at the time of the order applies.

17. Applicable Law and Jurisdiction

17.1 Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which consumers have their habitual residence remain unaffected.

17.2 The place of jurisdiction is Basel-Stadt, Switzerland. Mandatory statutory places of jurisdiction, in particular for consumers, remain reserved.

18. Final Provisions

Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

Basel, September 23, 2026