Last updated 14 November 2016
(1) These Terms and Conditions apply to the free use of our website (hereinafter referred to as ARTITIOUS) and to all agreements concluded with you as our user (hereinafter referred to as “User”, “Artist”, “Seller” or “Purchaser”) via ARTITIOUS. The Terms and Conditions apply to entrepreneurs as defined in Section 14 of the German Civil Code (BGB) (“Entrepreneur”) as well as to consumers as defined in Section 13 BGB (“Consumer”). These Terms and Conditions do not apply to purchase contracts concluded on-site at a physical space of ARTITIOUS.
Our website is operated by Wurlitzer Architekten GmbH under the registered trademark ARTITIOUS ® , a german limited liability company with its registered office at Hermann-Löns-Strasse 12, 91413 Neustadt a.d. Aisch, Germany, managing director: Gudrun Wurlitzer, Registration number: AG Fürth (Bay) HRB 8753,
ARTITIOUS / Wurlitzer Architekten GmbH
(in the following: ARTITIOUS)
(2) By using the website of ARTITIOUS (currently available at artitious.com) you are agreeing to these Terms and Conditions and are hereby entering into a contract with ARTITIOUS. This contract is subject to the law of the Federal Republic of Germany. These Terms are the only terms that apply. We will not accept general contractual clauses, which deviate from these.
Communication with you or the provision of services by us will not implicate acceptance of any deviating general contractual clauses.
Please print out these terms as we will not store older contractual terms for you.
To use our services you must have full legal capacity and be at least 18 years old.
(3) These Terms and Conditions apply, unless an alternating clause has been explicitly made, irrespective of whether you are consumer, entrepreneur or merchant.
(1) ARTITIOUS is an Internet platform which allows artists to upload content to an ‘artist profile’ and also to post news. All participating artists are selected by our board of art experts, the ARTITIOUS Content Board.
(See Artist Terms and Conditions)
(2) Collectors, curators, writers and galleries can register and thus have the possibility to comment on artist’s profiles or posts.
Writers can register to post their own reviews concerning artists on ARTITIOUS.
(3) ARTITIOUS enables galleries and artists without a gallery to sell artworks via ARTITIOUS. For this purpose the gallery or the artist can upload images and descriptions of artworks onto the platform. The artworks have to be created by artists who are on the ARTITIOUS website.
(See Sales of Artworks § 12 and Seller Terms and Conditions, § 26-31)
ARTITIOUS holds in high esteem the work of galleries and therefore urges artists who are represented by a gallery not to perform personal sales on ARTITIOUS, except with consent from their gallery.
(4) ARTITIOUS enables Users/Visitors to buy artworks from galleries or artists via ARTITIOUS.
(See Sales of Artworks § 12 and Purchaser Terms and Conditions, § 13-25)
(5) In any sale or purchase of artwork ARTITIOUS is never a contract partner. ARTITIOUS only provides the platform that makes these transactions possible.
(See Sales of Artworks § 12 and Seller Terms and Conditions , § 26-31 and Purchaser Terms and Conditions, § 13–25)
(5) ARTITIOUS reserves the right, at its sole discretion, to modify, discontinue or terminate the site or services or to modify these Terms and Conditions, at any time and without prior notice.
(1) All intellectual property rights of context on ARTITIOUS (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by ARTITIOUS or the participating artists or galleries. You acknowledge that you do not acquire any ownership rights by uploading or downloading any information, accessing the website or using the services.
(2) Users shall not be permitted to unreasonably overload the technical infrastructure of ARTITIOUS.
(3) Users may not block, overwrite or modify any contents generated by ARTITIOUS or disrupt the ARTITIOUS website in any other way.
(4) The contents stored on the ARTITIOUS website may not be copied or disseminated or otherwise used or reproduced without the previous consent of the legal owner. This shall also apply to copying using “robot/crawler” search engine technologies or other automatic mechanisms.
(5) ARTITIOUS shall be entitled to block users’ accounts, if it is suspected that a user account is being used in a fraudulent manner or misused in other ways. ARTITIOUS will notify the user of the blocking, if the purpose of the blocking is not jeopardised by the notification.
(6) Our website includes links to external sites, which may include links to further sites. We are not responsible for the content of these sites or for anything provided by them.
We will communicate with you electronically by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically are legally binding, unless applicable laws require a different form of communication.
(1) ARTITIOUS strives to always ensure that the website is available to users without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Further, access to the ARTITIOUS website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. ARTITIOUS strives to limit the duration and frequency of these temporary interruptions.
(2) ARTITIOUS shall be liable for damage only in the event of intent and gross negligence on the part of ARTITIOUS or one of its vicarious agents. If ARTITIOUS or one of its vicarious agents breaches a fundamental contractual obligation in a manner that endangers the purpose of the contract, liability shall be limited to the typical damage that ARTITIOUS could reasonably foresee at the time of entering into the contract, unless the breach of obligation is intentional or grossly negligent.
(3) ARTITIOUS shall not be liable under section for lack of economic success, loss of profits and indirect losses.
(4) The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of ARTITIOUS.
(5) Any liability of ARTITIOUS for guarantees given and claims under the Sale Liability Act shall remain unaffected.
(6) ARTITIOUS is not liable for any false information found on the site. In regards to journal postings, event postings, comments and replies, ARTITIOUS holds no liability for the accuracy of information given. ARTITIOUS holds no liability over event activities, or what happens therein.
(7) While we do our best to ensure safety for all users, ARTITIOUS is not liable for any content. The report to ARTITIOUS of harmful postings, events, comments and replies are the responsibility of the user. We cannot be held responsible for any user-generated content. You use ARTITIOUS at your own risk.
(1) ARTITIOUS retains the right to select which applicants are granted profile on our website. Once an application is submitted, ARTITIOUS will review it within a reasonable amount of time. Only professional artists will be granted a publication on ARTITIOUS, which includes the possibilities to upload content and create posts.
ARTITIOUS retains the right to determine if an applicant is of a high enough calibre to be featured on the site. If an application is denied, ARTITIOUS does not have to give an explanation for its decision. Applicants can re-apply after a reasonable amount of time.
(2) Unless otherwise specified, the contract shall remain open-ended until terminated by either the user or by ARTITIOUS.
(3) If you breach any of these Terms and Conditions, ARTITIOUS has the right to suspend or disable your account, at its sole discretion and without prior notice to you. ARTITIOUS reserves the right to revoke your access to the site and its services with or without cause.
(1) The participating artist is hereby informed that for the publication of the provided photo-material a transfer of rights is required. The participating artist hereby confirms that they has the rights to the supplied photographs, and that they irrevocably authorizes the unlimited and unrestricted publication of these unaffected by time or location. You acknowledge and agree that the foregoing image/license rights are granted on a royalty-free basis.
Artists who’s image rights are handled by VG-Bildkunst have to inform them about the transferal of the rights to ARTITIOUS.
The photographer retains full ownership rights of the image.
(2) The participating artist hereby confirms that no rights of third parties are harmed through the uploaded photos of objects or locations.
The agreement keeps its validity if the website changes its name or holding.
In case of publication(s) the participating artist will not make any claims against ARTITIOUS or third parties (for example publishing company, provider, Webmaster).
Both contract parties are entitled to store the image material without any limitation in time and location, modified or unmodified and in physical or digital form.
The participating artist/writer/subscriber is obligated to provide the necessary data completely and correctly and to provide notification of changes without delay. This applies, in particular, to address details and the email address.
The artist/writer/subscriber shall ensure that his or her domain(s) and content on ARTITIOUS do not breach statutory regulations or third party rights.
The artist/writer/subscriber agrees not to upload any content to ARTITIOUS or post comments that are of an extremist nature, content that is pornographic, violent or that glorifies violence, racist, discriminatory, harmful to minors or seditious, nor content that incites criminal activity or instructs such acts. This also applies to content made available via hyperlinks or other links that the artist provides to sites of third parties.
As an artist/writer/subscriber of ARTITIOUS, you agree to the following safety terms:
A breach of any of these safety terms is just cause for your account to be disabled.
As participating artist, it is your responsibility to report inappropriate content. Upon receiving an valid report, we will evaluate the situation and take action within a reasonable amount of time. If the report is deemed not valid or otherwise unnecessary, we maintain the right to dismiss the report.
The participating artist shall compensate ARTITIOUS for all damage arising from a breach of the foregoing provisions where the artist is responsible for the breach. The compensation shall also comprise the costs of any necessary legal defence. ARTITIOUS shall inform you without delay if a third party assert such claims against them and shall give you the opportunity to respond.
(1) If you submit artworks or digital works to ARTITIOUS, you hereby grant ARTITIOUS a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, reproduce, distribute, perform ¬publicity and publicly display copies of the artwork or digital work via artitious.com, and access to view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the artworks or digital works in any form, medium or technology now known or later developed for the purpose of promoting ARTITIOUS. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis.
(2) Transaction Restrictions
If you are gallery or an artist and have submitted a listing for an artwork to the ARTITIOUS website and have been contacted by another user with respect to purchasing either of the foregoing, you may not sell such artworks independently of ARTITIOUS. If ARTITIOUS is notified of such a transaction, ARTITIOUS may decide to delete the account of the artist and/or gallery in this case.
You understand and agree that ARTITIOUS displays artworks as they are without editing. However, because individual computer monitors may display colours differently, ARTITIOUS is not responsible for the colour accuracy of any artworks, digital works or printed works displayed on the website, and disclaims all liability in this regard.
These Terms and Conditions are valid together with the Sellers Terms and Conditions which you will have to sign during the buying process.
As a (registered) user you may purchase artworks that are listed on ARTITIOUS. When you purchase such an artwork, you are not purchasing the work from ARTITIOUS, but from the seller (the gallery, the artist or another person commissioned by them). ARTITIOUS only grants third parties the possibility to offer artworks on artitious.com and is neither a buyer nor a seller of these artworks. Your contract will always be with the seller. ARTITIOUS is not a contract partner and not responsible for the transaction of the sale and any complaints.
Although ARTITIOUS is not the seller, we provide insurance to all purchases via our platform. It fully covers damages occurring on the transport from ‘nail to nail’ and also the transport back to the seller if an artwork is returned as described in §23.
(1) The presentation and promotion of available artworks on the website does not represent a formalized offer and the prices are subject to change before a binding offer has been made.
(2) With the consignment of an order through ARTITIOUS by clicking the “buy” button you declare a legally binding acceptance of offer.
(3) You will be given an opportunity to edit your information, check information thoroughly especially information about your delivery address since after this step it cannot be changed.
(4) ARTITIOUS will confirm the admission instantly, by sending an email. In such an email there will not yet be a declaration of acceptance, unless it explains not only the confirmation of admission but also, explicitly, the acceptance.
If the customer pays with PayPal the transaction will be carried out straight away. If the customer opts to pay by bank transfer they will receive an order information, after which the money transfer has to be executed right away in order to arrive at ARTITIOUS within a set period of 7 days.
(6) A purchase agreement only comes into existence once we mandate the shipping of the product with our distribution partner and you receive a confirmation of this via email (in the following: delivery confirmation).
(7) In addition to your cancellation right according to § 16 you may cancel your order anytime before consignation of the associated delivery confirmation.
(9) ARTITIOUS will collect your billing and pass it on to the seller and to the shipping company. ARTITIOUS will process your payment and pass the amount to the seller, deducting our commission, transport and insurance costs.
(10) The purchased artwork will be shipped directly to you. The Terms and Conditions of ARTITIOUS return policy apply to any artworks that you purchase through ARTITIOUS.
(1) As a consumer, you have the right to withdraw in accordance with the following policy:
You have the right to withdraw from your contract of purchase within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract relating to multiple goods ordered by you in one order and delivered separately, the period shall begin on the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal you must inform us (ARTITIOUS / Wurlitzer Architekten GmbH, Mohrenstrasse 61, 10117 Berlin, Germany, telephone no. +49 30 280 96 154, e-mail firstname.lastname@example.org) of your decision to withdraw your contract or by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. We will pass the information on to the seller (gallery / artist).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back. You shall send back the artwork to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the artwork.
You are only liable for any diminished value of the artworks resulting from the handling other than what is necessary to keep the nature, characteristics and surfaces of the artworks.
End of information on right of withdrawal.
(3) Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract. ARTITIOUS will pass it on to the seller)
-To ARTITIOUS / Wurlitzer Architekten GmbH, Mohrenstrasse 61, 10117 Berlin, Germany telephone no.+49 30 280 96 154, e-mail email@example.com
–I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
–Ordered on (*)/received on (*)
–Name of purchaser(s)
–Address of purchaser(s)
–Signature of purchaser(s) (only if this form is notified on paper),
(*) Delete as appropriate.
(1)The purchaser must pay for all shipping and handling which is conditional on the order’s value, weight dimensions and shipping destination.
(2) The listed prices are final for customers from and within the European Union. In case of other countries, they may not include all taxes, especially import taxes and import VAT which will be charged separately by the art transportation firm and you will receive an extra receipt for them.
(3) The shipping cost and VAT will be added to an artworks listing and become available once you have entered a delivery address. Please note, that in case of hard to reach destinations within Germany such as islands or areas close to borders a higher transportation price might be required by the seller, also for transportation to destinations outside of Germany or where the pick up location is outside Germany a higher rate may apply.
(4) When you purchase artworks via ARTITIOUS you agree to pay the amount via bank transfer or Paypal to the account specified by ARTITIOUS (on the website or via email).
(5) Purchase price, along with shipping and handling charges are immediately payable, without deduction.
(6) As soon as ARTITIOUS has received the payment, the artwork will be shipped.
It will take about 10 to 14 days, and in some cases up to 30 days, until the artwork arrives at your destination. If you wish express transportation, please advise the seller. This will cause extra costs which you will have to pay in advance.
The goods shall remain the property of the seller until the purchase price is paid in full.
Shipment takes place worldwide.
If your order is to be sent by more than one transport, it may be the case that you receive a separate delivery confirmation email for each transport. In this instance a separate purchase agreement will come into existence for each of the products.
The purchaser will be contacted by our transportation firm in terms of the delivery date.
If the artwork cannot be delivered out of various reasons, like absence of the purchaser, too narrow doors or staircases, the purchaser is liable for the resulting costs.
IMPORTANT: Check the artwork immediately in presence of the courier when delivered for possible damages as described in § 22.
All artworks have to be handled with greatest care. Don’t touch them with your bare hands, but use special gloves which we provide, or something equally protecting.
Please consider carefully in which condition the artwork is placed; environments that contain high levels of humidity and sunlight are not advised. Changes that occur to the artwork due to exposure to natural elements and the passing of time are not considered defects.
Similarly any damages sustained through inappropriate handling after an artwork has been received are not considered to be a fault of the artwork. Artworks may be fragile and must be handled with the upmost care.
Check the artwork immediately when delivered in presence of the courier for possible damages. In case you find a damage, please act as follows:
(a) – Keep the original packaging!
(b) – Take photos of damaged artwork and packaging. Please email these photos immediately to firstname.lastname@example.org
(c) – Within five days of your artwork delivery date, please email email@example.com to give us your order information for the artwork return.
We will pass on all information to our insurance broker and the seller who will contact you.
(1) The Terms and Conditions of ARTITIOUS current Return Policy apply to any artworks that are sold or purchased via ARTITIOUS.
(a) From the date you receive an artwork you have fourteen (14) days to inform ARTITIOUS about your desire to return it. Contact us by email at firstname.lastname@example.org using the withdrawal form, found at § 15. Or by phone, on +49 30 280 96 154, between 9-18 Monday to Sunday and a member of the ARTITIOUS team will assist you. You can return the work without telling us a reason, but we are happy if you give us a hint.
(b) Repackage the artwork professionally, using the original packaging materials used by the seller. If you have disposed the packaging utilise a packaging that is of the same quality.
(c) Arrange to send the packaged artwork directly to the seller using the art transportation company recommended by us or another a trustworthy art transportation company. All shipping details must be provided to ARTITIOUS via email at email@example.com. You will be responsible for all return shipping costs.
Additional shipping fees may apply for international returns and also have to be paid by the purchaser.
(d) ARTITIOUS requires the successful return of the good as proof that the buyer has complied correctly with our artwork return policy. Once we are informed of the return by the gallery or the artist , ARTITIOUS will return the full amount to the purchaser (artwork cost, VAT and original shipping cost)
(3) Neither ARTITIOUS nor the seller is responsible for undelivered returns.
ARTITIOUS reserves the right to cancel any order for an artwork or digital work placed on our website if ARTITIOUS determines, in its sole discretion, that the item is mispriced, damaged, already sold, or otherwise unavailable. If ARTITIOUS cancels an order, ARTITIOUS will send you an email confirmation of the cancellation and you will not be charged for your order.
digital works or printed works displayed on the website, and disclaims all liability in this regard.
The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/.
(1) As a registered seller you may upload artworks on ARTITIOUS in order to sell them. When you sell an artwork, you are the sole contractor with the purchaser. ARTITIOUS only grants you (‘third parties’) the possibility to offer artworks on artitious.com and is neither a buyer nor seller of these artworks. Your contract will always be with the buyer. ARTITIOUS is not a contract partner and not responsible for the transaction of the sale and any complaints.
(2) As between you and us, ARTITIOUS will not be deemed as the seller of the artworks that are purchased via artitious.com, but as a platform that implements transition between galleries, artists and buyers on a commission basis as agreed upon via email between ARTITIOUS and the gallery or artist selling artwork via ARTITIOUS.
(3) Once a gallery decides to make an artwork available on ARTITIOUS it must remain on the site for 14 days before the gallery can remove it. After this period has elapsed It is up to the discretion of the gallery how long an artwork remains on the platform. During the period an artwork is available on ARTITIOUS it cannot be sold outside of the platform.
(1) Once a sale of artworks or digital works via artitious.com has occurred, ARTITIOUS will credit your account in an amount to be determined in accordance with ARTITIOUS commission terms at time of purchase.
(2) The commission from galleries is 15%. In rare cases when an artists without a gallery is granted access to selling the commission is 35% of the net price. The commission is due when a sale occurs.
(3) Subject to ARTITIOUS receipt of confirmation of delivery to the purchaser, ARTITIOUS will credit the seller’s account with the corresponding payment – deducting the commission and the insurance fee – following the expiration of the return period.
(1) Prices of the artworks and additional charges
Prices for shipping are calculated on ARTITIOUS once the customer has entered their delivery address. In cases where the delivery address is not with regular transport routes of our courier partner, TANDEM, the shipping amount will be calculated for each individual delivery. The customer must submit a request and we will respond with a shipping amount as soon as possible.
ARTITIOUS works with TANDEM and their partners at ICEFAT in order to perform quality shipping worldwide.
(2) Insurances are contributed by ARTITIOUS and will be added to the price automatically during the “buy” process.
Applicable taxes for which you are responsible and which will be separately identified on the buyers receipt, will be added automatically to the price as soon as the buyer has entered his address. Nevertheless ARTITIOUS is not responsible for the correctness of these taxes and the seller must check their accuracy.
As a seller you must be aware that if your amount of sales to a different European country exceeds a certain sum (threshold), (see VAT & Sale Tax), all sales above must be taxed in the country of destination.
(4) ARTITIOUS provides overall insurance to all purchases via our platform. They cover insurance from ‘nail to nail’ and also the transport back to the seller in case of artwork returns as described in §18.
The seller will commission an art transportation firm to ship the purchased artwork directly to the address given by the buyer. ARTITIOUS provides a special transportation firm which must be used and which supplies and executes also the packaging.
The Terms and Conditions of ARTITIOUS current Return Policy, which is pointed out in the Purchasers Terms, apply to any artworks that are sold or purchased via ARTITIOUS.
Please read carefully in Purchaser Terms and Conditions § 10.
You agree to comply with the terms and conditions of ARTITIOUS return policy, at time of purchase, that are applicable to any artworks sold via ARTITIOUS.
The Terms and Conditions of ARTITIOUS current Damaged Artworks policy, which is pointed out in the Purchasers Terms, apply to any artworks that are sold or purchased via ARTITIOUS.
Please read carefully in Purchaser Terms and Conditions § 11.
You agree to comply with the terms and conditions of ARTITIOUS Damaged Artworks policy, at time of purchase, that are applicable to any artworks sold via ARTITIOUS.
You are the sole and exclusive owner of all artworks you make available on ARTITIOUS or you are commissioned to do so by an artist you represent. Similarly, you are either the sole and exclusive owner of all digital works you upload to ARTITIOUS or you have all rights, licenses, consents and releases that are necessary to grant to ARTITIOUS the rights to such digital works as understood under these terms; and neither the artworks nor digital works that you make available through artitious.com nor ARTITIOUS use and exploitation thereof as expressed under these terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, other intellectual property rights, rights of publicity or privacy or result in the violation of any applicable law.
You are the creator and the sole and exclusive owner of all artworks you make available on ARTITIOUS. Similarly, you are either the sole and exclusive owner of all digital works you make available on ARTITIOUS or you have all rights, licenses, consents and releases that are necessary to grant to ARTITIOUS the rights in such digital works as contemplated under these terms; and neither the artworks nor digital works that you make available through artitious.com nor ARTITIOUS use and exploitation thereof as expressed under these terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(1) These Sellers Terms and Conditions represent – together with our General Terms and Conditions – the entire agreement between you and us in relation to the use of our website and our services.
(2) The law of the Federal Republic of Germany applies under the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply for Consumers with regard to such mandatory consumer rights, which – according to the law applicable if this clause would not exists (which is in general the law of Consumer’s primary residence) – are legally compulsory and cannot be waived by parties‘ agreement.
Exclusive venue for any and all disputes with regard to this contract is Berlin, provided the parties of the contract are merchants or Customer has no place of general jurisdiction in Germany or in another member state of the European Union or its permanent or habitual residence is transferred abroad after entry into force of these Terms and Conditions or permanent or habitual residence is not known at the time the action is filed.
If individual provisions of these Terms and Conditions become ineffective in full or in part, the contract will remain otherwise effective. If we fail to enforce any of our rights, that does not result in a waiver of such rights.
You may not transfer or assign any or all of your rights or obligations under any contract with us.
All notices given by you to us must be given in writing to the address set out in the imprint of the website. We may give notice to you at either the email or postal address you provided us when contacting us.
If you have any questions about these Terms, please contact ARTITIOUS at firstname.lastname@example.org. We will respond to all inquiries