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Terms and Conditions Gallery Sales
GENERAL TERMS AND CONDITIONS FOR PURCHASERS
Last updated 8 December 2020
1.1 These Terms and Conditions apply to the free use of our website (hereinafter referred to as ARTCRATER) and to all agreements concluded with you as our user (hereinafter referred to as, ‘Gallery, ‘User’, ‘Seller’ or ‘Purchaser’) via ARTCRATER. 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 ARTCRATER.
Our website is operated under the trademark ARTCRATER 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,
Postal Address: ARTCRATER / Wurlitzer Architekten GmbH Mohrenstrasse 61 10117 Berlin Germany (in the following: ARTCRATER)
1.2 By using the website of ARTCRATER (currently available at artcrater.com) you are agreeing to these Terms and Conditions and are hereby entering into a contract with ARTCRATER. 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 ARTCRATER is an internet platform which allows private sellers, art dealers and galleries (‘User’) to submit artworks for sale and buy artworks . (See Sales of Artworks § 12, Seller Terms and Conditions §13-20 and Purchaser Terms and Conditions § 21-35).
2.2 ARTCRATER has a special division for Galleries to display and sell works of art and these terms are especially for this division which runs besides the ‘Private Sales’ division. Galleries (‘User’) can register and thus have the possibility to sell artworks. While only members can buy in the “Private Sales” section, the “Gallery Sales” section is open to everyone for purchases who visits the website.
2.3 In any sale or purchase of artwork ARTCRATER is never a contract partner. ARTCRATER only provides the platform that makes these transactions possible.
2.4 ARTCRATER 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.
2.5 ARTCRATER sends out newsletters at irregular intervals. In the “Private Sales” area, these are exclusively for our members. ARTCRATER will expand the recipient list for the “Gallery Sales” area.
3.1 All intellectual property rights of context on ARTCRATER (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by ARTCRATER 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 ARTCRATER 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 ARTCRATER 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. ARTCRATER 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 ARTCRATER 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 ARTCRATER website can be occasionally interrupted or restricted to allow maintenance and servicing to be carried out or to introduce new facilities. ARTCRATER strives to limit the duration and frequency of these temporary interruptions.
6.2 ARTCRATER shall be liable for damage only in the event of intent and gross negligence on the part of ARTCRATER or one of its vicarious agents. If ARTCRATER 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 ARTCRATER could reasonably foresee at the time of entering into the contract, unless the breach of obligation is intentional or grossly negligent.
6.3 ARTCRATER 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 ARTCRATER.
6.5 Any liability of ARTCRATER for guarantees given and claims under the Sale Liability Act shall remain unaffected.
6.6 ARTCRATER is not liable for any false information found on the site.
6.7 While we do our best to ensure safety for all users, ARTCRATER is not liable for any content. We cannot be held responsible for any user-generated content. You use ARTCRATER at your own risk.
The agreement keeps its validity if the website changes its name or holding.
ARTCRATER 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 ARTCRATER and will inquire in case of doubt.
It is strictly forbidden to offer counterfeit or stolen artworks on ARTCRATER.
As a registered user or member you may purchase artworks that are listed on ARTCRATER. When you purchase such an artwork, you are not purchasing the work from ARTCRATER, but from the seller (gallery/art dealer/artist or another person commissioned by them). ARTCRATER only grants third parties the possibility to offer artworks on artcrater.com and is neither a buyer nor a seller of these artworks. Your contract will always be with the seller. ARTCRATER is not a contract partner and not responsible for the transaction of the sale and any complaints.
10.1 The purchaser must pay for all shipping and handling which is conditional on the order’s value, weight dimensions and shipping destination.
10.2 The prices Artcrater 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.
10.3 The VAT, if due, will be calculated according to your entered a delivery address. It will be added to your bill which ARTCRATER issues in the name of the seller. Artcrater or the artist will calculate the transport costs separately. ARTCRATER communicates them to the buyer, who can then confirm the purchase.
10.4 When you purchase artworks via ARTCRATER you agree to pay the amount via our indicated payment options to the account specified by ARTCRATER (on the website or via email).
10.5 Purchase price, along with shipping and handling charges are immediately payable, without deduction.
10.6 As soon as ARTCRATER 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 ARTCRATER. This will cause extra costs which you will have to pay in advance.
10.7 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 ARTCRATER within a set period of 7 days. The costs for the transfer charged by the bank or PayPal must be paid by the buyer.
10.8 ARTCRATER will process your payment and pass the amount to the seller, deducting our operational fee.
10.9 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.
11.1 The paid amount will be kept safe at ARTCRATER 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 §14) 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.
13.1 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.
13.2 With the consignment of an order through ARTCRATER by clicking the ‘buy’ button you declare a legally binding acceptance of offer.
13.3 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.
13.4 ARTCRATER 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.
13.5 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).
13.6 The purchased artwork will be shipped directly to you. The Terms and Conditions of ARTCRATER return policy apply to any artworks that you purchase through ARTCRATER.
13.7 In addition to your cancellation right according to § 14 you may cancel your order at any time before consignation of the associated delivery confirmation.
14.1 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 (ARTCRATER / Wurlitzer Architekten GmbH, Mohrenstrasse 61, 10117 Berlin, Germany, telephone no. +49 30 2 79 79 444, e-mail email@example.com) 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.
14.2 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 ARTCRATER 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 §20.
End of information on right of withdrawal.
14.3 Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract. ARTCRATER will pass it on to the seller)
-To ARTCRATER / Wurlitzer Architekten GmbH, Mohrenstrasse 61, 10117 Berlin, Germany telephone no.+49 30 2 79 79 444, e-mail firstname.lastname@example.org
–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 § 19.
Although ARTCRATER 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 §20. 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 email@example.com
(c) – Within five days of your artwork delivery date, please email firstname.lastname@example.org 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.
20.1 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 §14. They are then directly returned from the viewing room to the seller.
(a) Contact us by email at email@example.com using the withdrawal form, found at §14. Or by phone, on +49 30 2 79 79 444, between 9-18 Monday to Friday (Central European Time) and a member of the ARTCRATER 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) ARTCRATER 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, ARTCRATER will return the full amount to the purchaser (artwork cost, VAT and original shipping cost)
20.3 Neither ARTCRATER nor the seller is responsible for undelivered returns.
20.4 The buyer bears the costs for the return shipment.
ARTCRATER reserves the right to cancel any order for an artwork or digital work placed on our website if ARTCRATER determines, in its sole discretion, that the item is mispriced, damaged, already sold, or otherwise unavailable. If ARTCRATER cancels an order, ARTCRATER 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/.
23.1 Deviating business terms and conditions of customer shall not form part of the contract even if ARTCRATER does not expressly dispute their validity.
23.2 Customer may only offset against claims of ARTCRATER 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.
23.3 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.
23.4 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.
23.5 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 ARTCRATER at firstname.lastname@example.org. We will respond to all inquiries