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Terms and Conditions Artwork Sales
GENERAL TERMS AND CONDITIONS FOR SELLERS
Last updated 14 September 2021
1.1 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, ‘Artist, ‘User’, ‘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 under the trademark ARTITIOUS by Wurlitzer Architekten GmbH, a German limited liability company with its registered office at Hermann-Löns-Strasse 12, 91413 Neustadt a.d. Aisch, Germany, managing director: Ruth Gudrun Wurlitzer, Registration number: AG Fürth (Bay) HRB 8753,
ARTITIOUS / Wurlitzer Architekten GmbH
(in the following: ARTITIOUS)
1.2 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.
1.3 These Terms and Conditions apply, unless an alternating clause has been explicitly made, irrespective of whether you are consumer, entrepreneur or merchant.
2.1 ARTITIOUS is an internet platform which allows private sellers, art dealers and artists (‘User’) to submit artworks for sale and buy artworks. (See Sales of Artworks § 13, Seller Terms and Conditions §13-20 and Purchaser Terms and Conditions § 21-35).
2.2 ARTITIOUS has a special division to display and sell works of art. Artists (‘User’) can register and thus have the possibility to sell artworks. These artwork section is open to everyone for purchases who visits the website.
2.3 For the purpose of the sale, the artist (“user”) may send an e-mail with images and descriptions of artworks to Artitious or upload the relevant data via the mask provided for this purpose. The artwork can then be published if accepted. It can be removed by Artitious at any time, but not before the 30-day exclusivity on the platform has expired (Sh. § 13.3). Our experts will consult in all concerns if desired, Phone +49 30 2 79 79 442.
2.4 In any sale or purchase of artwork ARTITIOUS is never a contract partner. ARTITIOUS only provides the platform that makes these transactions possible.
2.5 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.
2.6 ARTITIOUS sends out newsletters at irregular intervals.
3.1 All intellectual property rights of context on ARTITIOUS (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by ARTITIOUS or the participating parties (art dealers, galleries, artists). You acknowledge that you do not acquire any ownership rights by uploading or downloading any information, accessing the website or using the services.
3.2 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.
3.3 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 jeopardized by the notification.
3.4 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.
6.1 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.
6.2 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.
6.3 ARTITIOUS shall not be liable for lack of economic success, loss of profits and indirect losses.
6.4 The limitations of liability shall apply mutatis mutandis to employees, representatives and subcontractors of ARTITIOUS.
6.5 Any liability of ARTITIOUS for guarantees given and claims under the Sale Liability Act shall remain unaffected.
6.6 ARTITIOUS is not liable for any false information found on the site.
6.7 While we do our best to ensure safety for all users, ARTITIOUS is not liable for any content. We cannot be held responsible for any user-generated content. You use ARTITIOUS at your own risk.
7.1 The participating seller/user is hereby informed that for the publication of the provided photo-material a transfer of rights is required. The participating seller/user 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.
The photographer retains full ownership rights of the image.
7.2 The participating seller/user 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 seller/user 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 (‘user’) 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 user shall ensure that his or her content on ARTITIOUS do not breach statutory regulations or third party rights.
The artist (‘user’) agrees not to offer any content on ARTITIOUS that is 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.
ARTITIOUS acts along to the German Anti-Money Laundering Act.
Each seller and purchaser is identified before the the transaction is permitted. We point out that it is strictly forbidden to transfer unclean money via ARTITIOUS and will inquire in case of doubt.
It is strictly forbidden to offer counterfeit or stolen artworks on ARTITIOUS. To prevent fake users, ARTITIOUS allows only trusted galleries on its website. The user account can be cancelled by ARTITIOUS at any time.
The participating artist (‘user’) shall compensate ARTITIOUS for all damage arising from a breach of the foregoing provisions where the private seller/user 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.
12.1 If you submit artworks 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. If you want to refrain from any publication, you must inform ARTITIOUS.
13.1 As a registered and approved seller you may offer 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.
13.2 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 sellers and buyers on a commission basis as agreed upon via acceptance of these Terms and Conditions between ARTITIOUS and the gallery/art dealer selling artwork via ARTITIOUS.
13.3 Once a seller decides to make an artwork available on ARTITIOUS it must remain for sale on the site exclusively for 30 days before the seller can remove it. After this period has elapsed It is up to the discretion of the seller how long an artwork remains on the platform.
13.4 Transaction Restrictions If you are an artist (‘user’) 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 refrain from working again with the artist (‘user’) in this case.
14.1 Only contemporary art shall be sold on ARTITIOUS. Contemporary art is the art of today, produced in the late 20th century or in the 21st century.
14.2 The description of the artworks must be truthful. This includes the description of any defects. The seller is liable for inaccurate or incorrect information. Insofar ARTITIOUS leaves the description of the goods to the seller for review before publishing the offer.
14.3 The seller shall set a market price. ARTITIOUS reserves the right to reject artworks with non-market-based price expectations or to discuss the price at which the artworks can be offered.
14.4 Bidding on artworks Sellers have the opportunity to solicit offers for the artwork they have put up for sale. This is not an auction process, just an option of pricing. The seller can wait for a period before accepting an offer. Bidding is stopped when the artwork has reached a price accepted by the seller. The submission of a bid is binding for the purchase of the artwork if the seller accepts the bid.
14.5 Colour 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.
Artworks over 100000 $ can be inspected on demand by the buyer or their deputy in a viewing room which can be provided by our courier partners worldwide, or at the gallery if desired. The return policy of 14 days in case of purchases from a commercial dealer/gallery starts from the day of the first viewing. Eventual transport costs for the viewing shall be split between seller and buyer, unless otherwise agreed via ARTITIOUS. The agreement has to be made in written form.
Artworks under 100000 $ are delivered directly to the purchaser and must be inspected in presence of the courier.
16.1 Once a sale of artworks via artitious.com has occurred, ARTITIOUS will credit your account in an amount to be determined in accordance with ARTITIOUS commission/operational fee terms at time of purchase.
16.2 ARTITIOUS takes the following operational fees for the completed sale for artworks:
• 40% for all artworks
The fee is of the net price. It is is due when a sale occurs.
16.3 Subject to ARTITIOUS receipt of confirmation of delivery and inspection by the purchaser, ARTITIOUS will credit the seller’s account with the corresponding payment – deducting the commission and money transfer costs – following the expiration of the return period. (See Purchaser Terms and Conditions §26)
17.1 Artitious prepares the invoices on behalf of the seller and sends them to the buyer.
17.2 The prices for shipping and insurance are calculated either by the artist themselves or after consultation with Artitious, and then sent by ARTITIOUS to the buyer for confirmation.
Applicable taxes for which you are responsible and which will be separately identified on the buyers receipt, will be added – if due – 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.
17.4 Artists can send or deliver their works themselves, if there are buyers nearby. It must be agreed with Artitious who will take over the shipping
17.5 Artitious works with their preferred transport partners in order to perform quality shipping worldwide.
The Terms and Conditions of ARTITIOUS’s 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 §20.
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’s 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 §19.
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 or commissioner of all artworks you make available on ARTITIOUS and you have all rights, licenses, consents and releases that are necessary to grant to ARTITIOUS the rights to sell and to publish the artworks. You confirm that the artworks that you make available through ARTITIOUS.com use and exploitation thereof as expressed under these terms will not 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.
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 or member 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 (gallery/art dealer/seller/user 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.
22.1 The purchaser must pay for all shipping and handling which is conditional on the order’s value, weight dimensions and shipping destination.
22.2 The prices Artitious indicates in its confirmation to the buyer 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.
22.3 The VAT, if due, will be calculated according to your entered a delivery address. It will be added to your bill which ARTITIOUS issues in the name of the seller. The gallery will calculate the transport costs separately. ARTITIOUS communicates them to the buyer, who can then confirm the purchase.
22.4 When you purchase artworks via ARTITIOUS you agree to pay the amount via our indicated payment options to the account specified by ARTITIOUS (on the website or via email).
22.5 Purchase price, along with shipping and handling charges are immediately payable, without deduction.
22.6 As soon as ARTITIOUS has received the payment, the optional viewing of the artwork (for artworks from 100000 $ upwards, as described in §15) or the shipping (for artworks under 100000 $) will be arranged. The shipping will take about 10 to 14 days, and in some cases up to 30 days, to China up to 60 days until the artwork arrives at your destination. If you wish express transportation, please advise ARTITIOUS. This will cause extra costs which you will have to pay in advance.
22.7 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. The costs for the transfer charged by the bank or PayPal must be paid by the buyer.
22.8 ARTITIOUS will process your payment and pass the amount to the seller, deducting our operational fee.
22.9 Bidding on artworks Sellers have the opportunity to solicit offers for the artwork they have put up for sale. This is not an auction process, just an option of pricing. The seller can wait for a period before accepting an offer. Bidding is stopped when the artwork has reached a price accepted by the seller. The submission of a bid is binding for the purchase of the artwork if the seller accepts the bid.
23.1 The paid amount will be kept safe at ARTITIOUS until the artwork has been approved by the buyer either after inspection in a viewing room or in presence of the courier at the buyer’s destination. After the granted withdrawal period (See §26) is over the payment is released to the seller.
The goods shall remain the property of the seller until the purchase price is paid in full.
25.1 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.
25.2 With the consignment of an order through ARTITIOUS by clicking the ‘buy’ button you declare a legally binding acceptance of offer.
25.3 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.
25.4 ARTITIOUS will confirm the approval of your purchase request immediately by e-mail. This e-mail does not mean a declaration of acceptance, unless it explains not only the admission confirmation, but also the acceptance.
25.5 A purchase agreement only comes into existence once the shipping of the artwork is arranged and you receive a confirmation of this via email (in the following: delivery confirmation).
25.6 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..
25.7 In addition to your cancellation right according to § 26 you may cancel your order at any time before consignation of the associated delivery confirmation.
26.1 If the offer comes from a commercial dealer, gallery or self-marketing artist, you as a buyer have the right to withdraw from your contract of purchase without giving any reason.
a) after 14 days from the inspection day for artworks at a value from 100000 $ upwards
b) after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the artwork between 10000 $ and 100000 $.
c) after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the artwork between 5000 $ and 10000 $.
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 2 79 79 444, 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.
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.
26.2 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.
Transport costs to the viewing room and back have to be split between you and the seller unless otherwise agreed in advance via ARTITIOUS in written form.
Fees for the money transfer have to be paid by you.
If the artwork was already delivered to you, we will withhold reimbursement until the seller has received the artwork back.
The deadline is met if the transport firm picks up the artwork before the above set period has expired. You will have to pay all costs 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.
For handling of artwork returns see §32.
End of information on right of withdrawal.
26.3 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 2 79 79 444, 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.
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 § 31.
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 §32. It will be calculated once the transaction is determined. If buyer has their own insurance, please indicate in the shopping cart.
All artworks have to be handled with greatest care. You must be aware that they are irretrievable goods. 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 utmost 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 and the seller who will contact you.
32.1 Art is not a consumer good and all acting persons have a high responsibility to handle it safely to keep away any danger. For this reason, we cannot leave the choice of the shipper to our customers, but require using our certified transport companies.
You shall send back the artwork by using our designated transport firm or an equally safe shipper without undue delay and in any event not later than
a) after 7 days for artworks between 10000 $ and under 100000 $ from the day on which you communicate your withdrawal from this contract to us.
b) after 14 days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the artwork between 5000 $ and 10000 $.
Artworks over 100000$ are treated differently, as pointed out in §15. They are then directly returned from the viewing room to the seller.
(a) Contact us by email at firstname.lastname@example.org using the withdrawal form, found at §26. Or by phone, on +49 30 2 79 79 442, between 9-18 Monday to Friday (Central European Time) 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) We will send you the courier to handle packing and transport. You will be responsible for all return shipping costs.
(c) 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 seller, ARTITIOUS will return the full amount to the purchaser (artwork cost, VAT and original shipping cost)
32.3 Neither ARTITIOUS nor the seller is responsible for undelivered returns.
32.4 The buyer bears the costs for the return shipment.
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.
The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at http://ec.europa.eu/consumers/odr/.
35.1 Deviating business terms and conditions of customer shall not form part of the contract even if ARTITIOUS does not expressly dispute their validity.
35.2 Customer may only offset against claims of ARTITIOUS or assert a right of retention if its counterclaim is undisputed, a legal title exists or the counterclaim is synallagmatic in proportion to the respective claim in question.
35.3 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.
35.4 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.
35.5 If individual provisions of this Terms and Conditions are or become ineffective and/or contradict legal provisions, the effectiveness of the remaining Terms and Conditions shall not be affected thereby.
If you have any questions about these Terms, please contact ARTITIOUS at email@example.com. We will respond to all inquiries.