Our General Terms and Conditions for Galleries

1 . Scope

These General Terms and Conditions are binding for the whole business activities of the Gallery. Conditions of purchase contrary to these General Terms and Conditions do not apply. The buyer confirms by his signature that he has taken note of the General Terms and Conditions.

2. Purchase prices

The purchase prices are indicated in Euros. They include the value added tax applicable in each case. For artworks of the 20th century the gallery shall pay a fee to provide compensation pursuant to the legal droit de suite (Section 26 of the German Copyright Act) and make contributions to the Social Security Insurance for Artists which are also included in the purchase price.

3. Value Added Tax Reimbursement

(3.1) Third countries outside the EU: In accordance with the legal provisions, exports to third countries outside the EU internal market are exempt from value added tax. In case the buyer himself takes the purchase object with him abroad, he has to offer security to the amount of the value added tax, which will be reimbursed as soon he presents the export receipt to the Gallery.

(3.2) EU internal market: In case the buyer is an entrepreneur according to value-added-tax law who legitimately uses his VAT-ID Number that has been assigned to him by his home country in the EU, delivery remains exempt from value added tax if the delivery is subject to turnover tax in the Buyer's state. However, the buyer has to provide a security to the amount of the value added tax which will be reimbursed as soon as the VAT-ID Number is transmitted correctly to the Gallery. If the VAT-ID Number subsequently turns out to be wrong, the Gallery is entitled to rescind from the sales contract.

4. Terms of payment

The purchase price becomes due with the invoicing without any deductions. In case of non-cash payments (cheque, bank transfer, etc.) the Buyer shall bear the costs of the cheque- etc. cashing in.

5. Surrender and reservation of title

(5.1) The Buyer is only entitled to request the surrender of the purchase object upon payment of the total sum of the purchase price.

(5.2) The transfer of the ownership of the sold object happens on the condition precedent in the purchase contract of the complete payment of the purchase price. The Gallery is entitled to rescind from the sales contract if the Buyer defaults on payment of the purchase price. If the purchase object is already surrendered to the Buyer before complete payment of the purchase price, in contrary to clause 5.1 of these General Terms and Conditions, the Buyer is obliged to handle the purchase object carefully and to protect it against damages or loss until the transfer of the ownership.

6. Offset and retention

The Buyer may offset against the Gallery only with claims that are undisputed or against which no legal recourse is possible. Rights of retention of the Buyer are excluded, as far as they are not based on the same contractual relationship.

7. Delay

(7.1) Debtor’s delay: In case the Buyer is in default with the payment of the purchase price or with an instalment payment, the Gallery shall be entitled and upon request of the artist obliged to indicate to the artist the name and address of the Buyer. In case of a default of the Buyer with the payment of the purchase price the default interest rate for the year amounts to five percentage points above the base lending rate or eight percentage points above the base lending rate, if the Buyer carried out the purchase in the framework of the performance of his commercial or self-employed activity. The Gallery may assert claims for a further damage. With the beginning of the delay the Gallery can demand that all instalment payments which are still outstanding shall be due immediately.

(7.2) Default in acceptance: The Buyer defaults if he does not pick up the purchase object within the contractually agreed period or 30 days after an offer of performance by the Gallery. After the beginning of the delay the Gallery shall be entitled to insure and store the purchase object at Buyer’s risk and cost (§ 304 of the German Civil Code).

(7.3) Extension: If a debtor’s delay or a default in acceptance arises on the side of the Buyer, the Gallery shall be entitled to rescind from the sales contract on the condition that the Gallery sets an adequate extension. In this case the Gallery may, apart from the rights prescribed by law, also calculate its claim for damages in such a way that the Buyer has to compensate for the possible deficit in the proceeds in case of a new sale. The Buyer cannot claim for a possible surplus in the proceeds.

8. Shipment of the object of purchase

A shipment of the purchase object shall only happen upon written instruction by the Buyer. The risk of damage or loss of the purchase object during shipment is borne by the Buyer if he intends to make use of the purchase object in the framework of his commercial or self-employed activities. In case the value of the purchase object is higher than 150 €, the Gallery shall take out an insurance for the shipment at the Buyer’s cost. The Gallery may decide on the type and the means of shipment at its own careful discretion and does not assume obligation for choosing the fastest and cheapest way of shipment.

9. Returns

Returns to the Gallery are carried out at the sender’s costs and risks. In case of return of the purchase object for the purpose of supplementary performance, the Gallery shall bear the costs for the return (§ 439 Abs. 2 of the German Civil Code), unless the purchase of not newly made work is involved and the customer intends to make use of the purchased object within the framework of his commercial or self-employed professional activities. Unjustified returns will not be accepted. Returns following this are carried out at the sender’s costs and risks.

10. Liability

(10.1) Explanations regarding the art object: Descriptions of artworks in catalogues, brochures etc. include no guarantee by the Gallery with regard to the characteristics of the object of purchase. If the customer intends to use the bought object within the framework of his commercial or self-employed professional activities and if the object of purchase is not a newly manufactured artwork, the Gallery does not assume any liability for the completeness and correctness of the explanations regarding the art object included in catalogues, brochures etc., as far as the Gallery has not necessarily known the incorrectness or incompleteness.

(10.2) Commission business: If the Gallery sells in the function of a commission agent, warranty claims are excluded, if the customer intends to use the bought object in the framework of his commercial or self-employed professional activities and if the bought object is not a newly manufactured artwork. This also applies to forged objects, unless the Gallery ought to have been aware of the forgery of this art work. Before the purchase the buyer has the possibility to convince himself personally and, if necessary, by the assistance of an expert, of the contractually agreed condition and the originality of the object of purchase. In case there is a warranty case for which Gallery is not liable according to the previous provision, the Gallery shall cede possible claims against the principal to the buyer. In such cases the Gallery, however, has the option to take back the object purchased and to refund the purchase price.

(10.3) Liability: For all damages caused intentionally or grossly negligent by the Gallery or its legal representatives or vicarious agents, the Gallery shall be unlimitedly liable. For damages resulting from the injury of body, life or health which are based on a negligent or intentional breach of duty of the Gallery or its legal representatives or vicarious agents, the Gallery shall also be unlimitedly liable, regardless of the degree of fault. The Gallery shall only be liable for damage caused by the Gallery or its legal representatives or vicarious agents due to slight negligence, if the Gallery, its legal representatives or vicarious agents committed a breach of a contractually relevant duty and duties with regard to which the contract partner regularly relies and may rely on the adherence to these duties). In this case the liability of the Gallery is limited to the contract-typical, foreseeable damage. Apart from this, the liability of the Gallery is excluded.

(10.4) Warranty: If the delivered artwork is faulty, the buyer may only claim damages because of this fault after two supplementary performances have failed and according to the limitation of liability in clause.

(10.5) of these General Terms and Conditions. If the customer intends to used the purchased object in the framework of his commercial or self-employed professional activities, he may at first request supplementary performance, only after two supplementary performances have failed the customer may withdraw from the contract or reduce the purchase price as well as claim damages according to the limitation of liability in clause 10.3 of these General Terms and Conditions.

(10.6) Limitation: Claims for damages which are based on a fault of the artwork become time-barred one year at the latest after the statutory beginning of the limitation period, as far as the claims are not based on intent of the Gallery. If the buyer intends to the use the object of purchase within the framework of his commercial or self-employed professional activities, the claims for damages regarding the delivered artwork which are not based on intent of the Gallery shall become time-barred six months after the statutory beginning of the limitation period if the object is not a newly manufactured artwork. Other claims because of a fault of the delivered artwork which is not based on intention of the Gallery become time-barred within one year, calculated from the statutory beginning of the limitation period if the purchased object is not a newly manufactured artwork. If the buyer intends to use the purchased object within the framework of his commercial or self-employed professional activities these claims become time-barred, as far as they are not based on intent of the Gallery, within six months from the statutory beginning of the limitation period if the purchased object is not a newly manufactured artwork, and within one year from the statutory beginning of the limitation period if the purchased object is a newly manufactured artwork. The exclusion of claims for damages does not refer to cases of § 309 No. 7 German Civil Code (breaches of life, body, health and liability for gross fault).

11. Applicable law

For all legal relationships between the Gallery and the buyer the Law of the Federal Republic of Germany shall exclusively apply. The rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12. Final provisions

(12.1) For the interpretation of the General Terms and Conditions the German version shall always prevail.

(12.2) Place of performance and jurisdiction for businesspeople, legal persons under public law and fund assets or for artificial persons of public law are the Gallery’s headquarters. The same rule applies if the customer does not have a general place of jurisdiction in the home country. In case one or more provision of these contract provision should be or become ineffective, the effectivity of the remaining provision shall remain unaffected.