Terms & Conditions

General Terms and Conditions for the use of the internet platform GART

Preamble

(A) These general terms and conditions (“GTC”) define the terms and conditions for access to and use of the website www.gart.gallery (the “Platform”) as well as the use of the services and applications of the Platform and of GART (these services including the offering of Artworks on the Platform as well as the sale and purchase transactions between the Seller and the Buyer together the “Services”).

(B) The Platform provides a marketplace for paintings, drawings, photographs, sculptures and other works of art (“Artworks”) and links galleries and artists with art lovers and buyers. The Platform allows galleries and artists (“Sellers”), after registration, to upload Artworks for sale and other users, after registration, to buy such Artworks (“Buyers”). Potential Sellers and Buyers are hereinafter also referred to as “Users”.

(C) To use the Services, Users accept and agree to comply with these GTC.

(D) The Platform focuses on contemporary Artworks from countries in Central, East and South Europe as well as Central Asia and the Caucasus region (geographies which GART calls “East of the West”). The mission of the Platform is to make the outstanding and diverse art from East of the West accessible to a global audience.

(E) The Platform is operated by GART GbR („GART“), a civil law partnership under German law with head office in Berlin.

1. Description of Services

1.1. The Platform provides registered Users with the technical means to offer Artworks for sale, view Artworks, conclude sale and purchase transactions, execute the payment and organise delivery of the Artworks.

1.2. The Platform also provides the legal framework for the sale and purchase of Artworks which mainly consists of (i) these GTC for all Users, (ii) a separate agency contract between the individual Sellers and GART and (iii) a sale and purchase contract between the respective Seller and Buyer which is contained in the terms and conditions of these GTC (“Sale and Purchase Contract”).

1.3. GART does not offer any Artworks for sale and does not become a contract party for the Sale and Purchase Contracts of Artworks. GART acts as a middleman operating a Platform allowing Sellers and Buyers to connect. The Sale and Purchase Contracts for Artworks are only concluded directly between the Users of the Platform with GART acting as representative of the Seller as further described in these GTC, in particular section 5.

1.4. The payment is executed via a certified payment service provider suggested by GART.

1.5. For the uploaded offers of Artworks including all information in relation thereto only the Users having uploaded the respective Artworks are responsible; GART has insofar no responsibility.

2. Access to Services

2.1.  The use of the Platform for offering, selling or purchasing Artworks requires the registration of the User with the Platform.

2.2. The registration is done by the User opening and GART activating a User account. Activating the user account with the Platform creates a contract for the use of the Platform Services between the User and Gart and the User agrees to and undertakes to comply with these GTC.

2.3. Registration and activation of the User account requires identification of the User by the payment service provider in accordance with applicable money laundering laws and will be confirmed by the payment service provider to GART and to the User once the money laundering checks have been successfully carried out. The registration and verification is free of charge for the User.

2.4. The use of the Platform is only permitted for natural persons with unlimited legal capacity, legal persons and partnerships. The registration of legal persons or partnerships may only be effected by persons with lawful power of representation which has to be evidenced.

2.5. All data required for the registration have to be complete and accurate. In case of a change of relevant data the User shall update the data in the User account accordingly.

2.6. The User shall keep the access code confidential and protect access to its User account. The User shall inform GART without undue delay if there are indications that the User account has been used by a third party.

2.7. A User account may only be used by the relevant User and is not transferable to another User.

2.8. The Platform reserves the right to delete User accounts if they have been inactive for  more than 12 months.

3. Cost of Services

3.1. Buyers may use the Platform and the Services free of charge.

3.2. Sellers remunerate GART for the Services with fees agreed in the relevant agency contract.

3.3. For buying an Artwork the Buyer pays to the Seller the purchase price agreed in the sales contract for the relevant Artwork and certain ancillary costs such as shipping, taxes and customs duties. Details of the purchase price are set out in section 6 below.

4. Upload of Artworks and related information

4.1. The Seller may supply to the Platform pictures and descriptions of the Artworks the Seller offers and information on the respective artists (“Art Information”). GART will upload the Art Information to the Platform.

4.2. In order to be able to upload Art Information a Seller has to enter into an agency agreement with GART. The agency agreement will be sent to a potential Seller upon request which has to be made to contact@gart.gallery. The Art Information may only relate to the uploaded Artworks and the respective artists, advertisement for other works or artists or organisations is not permitted.

4.3. After general review by GART the Art Information will be released and be visible for Users of the Platform.

4.4. The Platform enables Users to search based on certain criteria on the Website. The Seller shall not manipulate the search results by inputting incorrect search criteria for an Artwork or artist.

4.5. The Art Information will not be verified by GART and is based upon information provided by the Seller. The Art Information is for the Platform third party contents in the meaning of section 8 paragraph 1 German Telemedia Act. The legal responsibility for the contents of the Art Information rests with the Seller who has uploaded the Art Information to the Platform.

4.6. The Seller grants GART for the Art Information uploaded to the Platform a worldwide use right. GART is authorised to use the Art Information to prepare advertisement materials and to change the Art Information technically to allow a display at end devices.

4.7. The Seller is responsible for the Art Information uploaded to the Platform, that the information is correct, does not violate rights of third parties and complies with law. The uploading of Art Information and other data that violates youth protection laws, laws of decency, laws against libel and any other laws as well as uploading of racist, obscene, politically or religiously extreme data is not permitted.

4.8. After an Artwork has been sold, GART shall be entitled to continue to use the Art Information on the Platform and add the information that this Artwork has been sold via the Services of the Platform.

4.9. Users (other than the respective Seller itself) must not block or change Art Information or other information uploaded by Sellers or GART or otherwise disturb the operation of the Platform.

4.10. GART is entitled but not obliged to delete Art Information at any time and without giving reasons, in particular if the Art Information is incorrect or violates any laws..

5. Conclusion of Sales and Purchase Contract between Seller and Buyer

5.1. Principle

As set out in section 1, the Sale and Purchase Contract for Artworks is concluded only between Seller and Buyer. The Platform only enables them to connect with one another but is not party to the Sale and Purchase Contract.

5.2. Order by Buyer

5.2.1. To order an Artwork, the Buyer has to select the Artwork, place it in the cart and identify via a User account or provide the necessary personal information.

5.2.2. Before validating the order the Buyer has to check the information appearing on the order summary including the ancillary costs.

5.2.3. The Buyer confirms the Artwork selected for purchase, the total purchase price, the unconditional acceptance of the GTC and the payment method by clicking a box (“tick the box”-process) in the order form during the check-out process.

5.2.4. Following completion of the check-out process by the Buyer, the Buyer receives an email from GART confirming receipt of the order.

5.2.5. The Buyer is bound by his order for three (3) days.

5.3. Availability check

5.3.1. The Artworks offered on the Platform are offered subject to their availability. Thus, after the order has been placed by the Buyer, GART will check with the Seller whether the Artwork is available. The Artwork shall be designated on the Website as reserved.

5.3.2. The Seller agrees to confirm and/or deny the availability of the Artwork ordered by the Buyer within three (3) days of receipt of the request from GART. If the Seller does not respond to GART within the three (3) days the Artwork is deemed to be no longer available.

5.4. Conclusion of Sale and Purchase Contract between Seller and Buyer

5.4.1. If GART has received confirmation from the Seller that the Artwork is still available and the Seller is willing to sell, GART will confirm this to the Buyer on behalf of the Seller, this confirmation shall be the acceptance of the purchase order of the Buyer by the Seller and upon receipt of confirmation by the Buyer the Sale and Purchase Contract between Seller and Buyer shall be concluded. GART will then instruct the payment service provider to collect the relevant purchase price from Buyer according to the chosen payment method.

5.4.2. If the selected Artwork is (deemed) no longer available GART will inform the Buyer by sending an email on behalf of the Seller, rejecting the Buyer’s order. Then no sale and purchase agreement for the Artwork is entered into and no money of the Buyer will be blocked or collected.

5.4.3. In case of an order of the Buyer is rejected neither Seller nor Buyer shall have any claims against each other or against GART.

5.5. Payment process

The payment process is set out in more details in section 8 below.

5.6. Transfer of title to Artwork

The transfer of ownership title in the Artwork happens if the entire purchase price has been paid by the Buyer and is credited to the Seller’s account.

6. Purchase price, terms of payment

6.1. The purchase price for the Artwork is determined by the Seller. It is set in the amount and currency indicated on the Platform.

6.2. The purchase price indicated for the Artwork does not include costs for shipping from the Seller to the Buyer and also not taxes such as sales tax, VAT of import taxes and customs duties (if applicable) which all have to be borne by the Buyer.

6.3. The costs for shipping depend on the type of the artwork, dimensions, weight and location of Seller and Buyer. The shipping costs are calculated during the shopping cart confirmation and specified in the order summary on the Platform.

6.4. The payment of the purchase price plus shipping costs by the Buyer to the Seller is made via the payment services available on the Platform. Any payments are processed by the payment service provider as set out in section 8 below.

6.5. If Seller or Buyer requests GART to send the invoice in paper form GART will invoice a fee of EUR 10 per invoice.

7. Taxes and customs duties

7.1. It depends on the location of the Buyer whether and which taxes, including sales tax, VAT and import taxes, as well as customs duties are payable for the purchase of Artworks. It is the responsibility of the Buyer to establish which taxes and customs duties have to be paid and what the applicable processes are. Neither the Seller nor GART are able to establish these requirements, amounts and processes.

7.2. If taxes such as sales tax, VAT of import taxes and customs duties are payable the payment obligation and processes with the competent bodies are the responsibility of the Buyer and the costs have to be borne by the Buyer.

8. Processing of payment

8.1. GART has implemented clear processes with a certified payment service operator to ensure that the payments of the Buyer are secure and received by the relevant recipients. GART has in no event access to the confidential information relating to the payment that the Buyers uses during check-out. Although GART uses encrypted security software, the security of information and payments transmitted via the internet or email cannot be guaranteed. GART cannot be held liable for damages resulting from the use of electronic means of communication, including damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties and transmission of viruses.

8.2. GART has entered into a contractual arrangement with a payment service provider according to which the payment service provider will process the payments. GART is responsible for the contractual relationship with the payment service provider.

8.3. The Buyer can choose among different payment methods. If the Buyer chooses to pay by credit card, the payment is immediately processed. If the Buyer chooses to pay by bank transfer, the Buyer shall wire the money as soon as possible so that it is received in the indicated bank account within 5 business days at the latest.

8.4. The payment service provider is responsible for processing (i) the payment of the purchase price between Buyer and Seller, (ii) the payment of the fee to GART and (iii) the payment of the shipping costs to the shipper.

8.5. The processing of the payments works as follows: (i) the Buyer pays the purchase price and the shipping costs to the escrow account of the payment service provider (the payment being processed by the payment service provider according to the payment method chosen by the Buyer), (ii) after expiry of the 14 day period for withdrawal by the Buyer (see section 12 below) the payment service provider pays the purchase price less the shipping costs and less the fee for GART, to the Seller and the shipping costs to the shipper and the fee to GART.

9. Shipping, delivery

9.1. The Seller is responsible for shipping the Artwork to the Buyer.

9.2. GART offers on the Platform the services of certain shipping companies which the Seller and the Buyer can use for shipping. The terms and conditions of the shipping are those of the selected shipping company which the Users accept.

9.3. The Seller is responsible for proper packaging of the Artwork and handing over the packaged Artwork to the shipping company, including agreeing the date and conditions of hand-over to the shipping company.

9.4. The Buyer shall inform themselves about the procedures and delivery schedules of the shipping companies. Compliance with all obligations regarding the delivery of the Artwork is the sole responsibility of the Buyer. GART is in no case liable for failure of the Buyer to comply with the terms and conditions of the shipping company.

9.5. The Seller shall provide to GART, who will forward to the Buyer, the name of the shipping company as well as the tracking number.

9.6. The delivery of the Artwork is made to the address provided in the order form.

9.7. The Buyer has to check the condition of the Artwork as soon as the delivery is made. If the Buyer has any reservations about the condition of the Artwork he has to give notice to GART immediately and in writing with detailed description and photographic evidence, at the latest within 48 hours from delivery. GART will transfer the message to the Seller. If the packaging of the Artwork is damaged the Buyer shall together with the representative of the shipping company describe any damage to the Artwork. The Buyer may not bring any claim that the Artwork is damaged after the 48 hours from delivery have expired.

10. Colour, resemblance

GART does not guarantee and is not responsible for the colour accuracy of any Artwork displayed on the Platform and disclaims all liability in this regard.

11. Right of withdrawal of Buyer

11.1. The Buyer has a right to withdraw from the Sale and Purchase Contract within 14 days from the day of delivery of the Artwork, without any reasons or cost.

11.2. At conclusion of a sales contract the respective Seller has to inform the Buyer about the existence of the right to withdraw. The Seller may use the form of notice of right of withdrawal provided by the Platform.

11.3. The Buyer may use the right of withdrawal by sending an email to GART under the following address: contact@gart.gallery. GART will then notify the Seller and organise the refund process of the purchase price once the Artwork has been properly returned to the Seller.

11.4. In case of a withdrawal from the Sale and Purchase Contract the Buyer has to return the Artwork in the same condition as it was received by the Buyer, the Buyer is responsible for the proper packaging of the Artwork and the Buyer has to bear the return shipping costs.

11.5. If taxes and customs duties were paid by the Buyer they will not be refunded by the Seller or by GART. The Buyer also has to bear any taxes and customs duties as a result of the return of the Artwork.

11.6. Artwork has to be returned by the Buyer in perfect condition and in its original or equivalent packaging. Returned Artworks that are damaged or dirtied by the Buyer shall not be accepted nor refunded.

12. Representations and warranties

12.1. The Seller represents and warrants to the Buyer and to GART

12.1.1. that the Artwork which is shipped is the Artwork ordered;

12.1.2. that the Artwork is in good condition;

12.1.3. that the Art Information is correct,

12.1.4. that the Seller has the right to dispose of the title to the Artwork and that the Artwork is free of rights of third parties.

12.2. GART

12.2.1. does not give any representations and warranties relating to the Artworks;

12.2.2. does not take any responsibility for the correctness and completeness of the Art Information;

12.2.3. does not warrant the identity and integrity of the Users.

13. Use of User data, data protection

13.1. GART collects and retains certain personal data of the Users to ensure proper execution of the GTC and any sales contracts. This data is essential to the management of the User’s account and access to the Services. The data will also be stored for security purposes, in order to comply with legal obligations and to enable GART to improve and personalise the Services offered to and information sent to the Users.

13.2. The User agrees that GART may use the data provided by the User for advertisement purposes. Users are likely to receive offers from GART and from our partners, depending on the choices made when the User created or amended its User account.

13.3. The Platform is also designed to be attentive to the needs of Users. Cookies are used to improve the personalised service intended for the Users.

13.4. The Buyer agrees that the contact information may be passed on to the Seller and vice versa.

13.5. The personal data of the User will be deleted no later than six months after the cancellation of the User account. GART reserves the right to retain certain data in order to comply with legal obligations of information storage for executed business transactions.

13.6. Details of the use of data by the Platform are set out in GART’s Data Protection.

13.7. Limitation of liability of GART

13.8. All Art Information on the Platform is based on information provided by the Sellers. GART has not verified this Art Information and bears no liability for its correctness.

13.9. GART is not liable for the contents of links on the Platform:

13.10. GART is not liable for the technical availability of the Platform. GART may disable the Platform, in particular if this is required for technical maintenance, improvements or security measures.

13.11. Otherwise, GART is liable for intentional and grossly negligent acts of GART, its legal representatives, senior employees and other agents according to statutory law. The same applies to mandatory strict liability as well as claims under the German Product Liability Act or by a culpable damage to life, body or health.

13.12. The liability of GART for indirect losses, consequential losses, loss of profit, loss of information is excluded.

13.13. Furthermore, the liability of GART for interruptions of access to the internet, transmission or receipt of data via the internet, consequences of any virus, computer bug, technical defect, loss of data and hardware or software defects that may have prevented or limited the ability to use the Platform is excluded.

13.14. Further liability of GART is excluded. To the extent the liability of GART is excluded this also applies to the liability of its shareholders, employees and agents.

14. Indemnity

14.1. The User indemnifies GART against all claims which third parties may bring against GART based on violation of their rights by Art Information or other data from the User or by a User’s use of the Services if such violation has been determined by a court.

14.2. In case of a claim by the third party against GART the relevant User shall make available to GART without undue delay all information required for the review of and defence against the claim.

15. Force majeure

In case of force majeure the execution of the sales contract may be suspended for the duration of the force majeure or cancelled.

16. Rights of GART

16.1. GART is entitled to use cookies for the use of the Platform.

16.2. GART is entitled to make advertisements for the Platform using the Artworks and Art Information.

16.3. GART is entitled to delete Artworks or Art Information or a User account at discretion and will do so in particular if there are reasons to believe that there are issues with data or sales or the suspicion of violation of legal rights.

17. Intellectual property rights

17.1. All rights to the Platform and its design are the intellectual property right of GART, all rights to Artworks and Art Information are the intellectual property of the respective artist and/or the gallery representing the artist. Any use or copying of such intellectual property may only be made regarding the Platform with the prior written consent of GART and regarding the Artworks and Art Information with the prior written consent of the artist and/or the gallery representing the artist.

17.2. Any reproduction or modification or adaptation in whole or in part of the contents or design of the Platform and/or all or part of the elements that appear on the Platform is prohibited.

18. Termination

18.1. A User may terminate the use contract for the Platform and its User account at any time by sending an email to the following address: contact@gart.gallery

18.2. GART may terminate the use contract for the Platform and the User account at any time without giving reasons with a one month notice period.

18.3. In case a User materially violates these terms and conditions or other rights and obligations in connection with the use of the Platform, GART may terminate the use contract for the Platform and the User account with immediate effect.

18.4. A termination of the use contract for the Platform and the User account does not have any effect on contracts already concluded.

19. Modification of terms and conditions

19.1. GART reserves the right to amend these terms and conditions at any time without giving reasons.

19.2. By uploading new Artworks or new Art Information or by entering into a new sales contract the User accepts the terms and conditions in its amended form.

20. Miscellaneous

20.1. GART may also use third parties to fulfil its obligations under the use contract.

20.2. General terms and conditions of the User do not apply.

21. Applicable law

The GTC and any claims arising thereunder are governed by German law with the exclusion of the rules of conflict of laws and the UN Convention on the International Sale of Goods.

22. Jurisdiction

For Users which are merchants in the meaning of the German Commercial Code the exclusive place of jurisdiction shall be Berlin. For Users which are private end consumers the jurisdiction shall be the place of residence of the respective User.

General Terms and Conditions for the use of the internet platform GART

Preamble

(A) These general terms and conditions (“GTC”) define the terms and conditions for access to and use of the website www.gart.gallery (the “Platform”) as well as the use of the services and applications of the Platform and of GART (these services including the offering of Artworks on the Platform as well as the sale and purchase transactions between the Seller and the Buyer together the “Services”).

(B) The Platform provides a marketplace for paintings, drawings, photographs, sculptures and other works of art (“Artworks”) and links galleries and artists with art lovers and buyers. The Platform allows galleries and artists (“Sellers”), after registration, to upload Artworks for sale and other users, after registration, to buy such Artworks (“Buyers”). Potential Sellers and Buyers are hereinafter also referred to as “Users”.

(C) To use the Services, Users accept and agree to comply with these GTC.

(D) The Platform focuses on contemporary Artworks from countries in Central, East and South Europe as well as Central Asia and the Caucasus region (geographies which GART calls “East of the West”). The mission of the Platform is to make the outstanding and diverse art from East of the West accessible to a global audience.

(E) The Platform is operated by GART GbR („GART“), a civil law partnership under German law with head office in Berlin.

1. Description of Services

1.1. The Platform provides registered Users with the technical means to offer Artworks for sale, view Artworks, conclude sale and purchase transactions, execute the payment and organise delivery of the Artworks.

1.2. The Platform also provides the legal framework for the sale and purchase of Artworks which mainly consists of (i) these GTC for all Users, (ii) a separate agency contract between the individual Sellers and GART and (iii) a sale and purchase contract between the respective Seller and Buyer which is contained in the terms and conditions of these GTC (“Sale and Purchase Contract”).

1.3. GART does not offer any Artworks for sale and does not become a contract party for the Sale and Purchase Contracts of Artworks. GART acts as a middleman operating a Platform allowing Sellers and Buyers to connect. The Sale and Purchase Contracts for Artworks are only concluded directly between the Users of the Platform with GART acting as representative of the Seller as further described in these GTC, in particular section 5.

1.4. The payment is executed via a certified payment service provider suggested by GART.

1.5. For the uploaded offers of Artworks including all information in relation thereto only the Users having uploaded the respective Artworks are responsible; GART has insofar no responsibility.

2. Access to Services

2.1.  The use of the Platform for offering, selling or purchasing Artworks requires the registration of the User with the Platform.

2.2. The registration is done by the User opening and GART activating a User account. Activating the user account with the Platform creates a contract for the use of the Platform Services between the User and Gart and the User agrees to and undertakes to comply with these GTC.

2.3. Registration and activation of the User account requires identification of the User by the payment service provider in accordance with applicable money laundering laws and will be confirmed by the payment service provider to GART and to the User once the money laundering checks have been successfully carried out. The registration and verification is free of charge for the User.

2.4. The use of the Platform is only permitted for natural persons with unlimited legal capacity, legal persons and partnerships. The registration of legal persons or partnerships may only be effected by persons with lawful power of representation which has to be evidenced.

2.5. All data required for the registration have to be complete and accurate. In case of a change of relevant data the User shall update the data in the User account accordingly.

2.6. The User shall keep the access code confidential and protect access to its User account. The User shall inform GART without undue delay if there are indications that the User account has been used by a third party.

2.7. A User account may only be used by the relevant User and is not transferable to another User.

2.8. The Platform reserves the right to delete User accounts if they have been inactive for  more than 12 months.

3. Cost of Services

3.1. Buyers may use the Platform and the Services free of charge.

3.2. Sellers remunerate GART for the Services with fees agreed in the relevant agency contract.

3.3. For buying an Artwork the Buyer pays to the Seller the purchase price agreed in the sales contract for the relevant Artwork and certain ancillary costs such as shipping, taxes and customs duties. Details of the purchase price are set out in section 6 below.

4. Upload of Artworks and related information

4.1. The Seller may supply to the Platform pictures and descriptions of the Artworks the Seller offers and information on the respective artists (“Art Information”). GART will upload the Art Information to the Platform.

4.2. In order to be able to upload Art Information a Seller has to enter into an agency agreement with GART. The agency agreement will be sent to a potential Seller upon request which has to be made to contact@gart.gallery. The Art Information may only relate to the uploaded Artworks and the respective artists, advertisement for other works or artists or organisations is not permitted.

4.3. After general review by GART the Art Information will be released and be visible for Users of the Platform.

4.4. The Platform enables Users to search based on certain criteria on the Website. The Seller shall not manipulate the search results by inputting incorrect search criteria for an Artwork or artist.

4.5. The Art Information will not be verified by GART and is based upon information provided by the Seller. The Art Information is for the Platform third party contents in the meaning of section 8 paragraph 1 German Telemedia Act. The legal responsibility for the contents of the Art Information rests with the Seller who has uploaded the Art Information to the Platform.

4.6. The Seller grants GART for the Art Information uploaded to the Platform a worldwide use right. GART is authorised to use the Art Information to prepare advertisement materials and to change the Art Information technically to allow a display at end devices.

4.7. The Seller is responsible for the Art Information uploaded to the Platform, that the information is correct, does not violate rights of third parties and complies with law. The uploading of Art Information and other data that violates youth protection laws, laws of decency, laws against libel and any other laws as well as uploading of racist, obscene, politically or religiously extreme data is not permitted.

4.8. After an Artwork has been sold, GART shall be entitled to continue to use the Art Information on the Platform and add the information that this Artwork has been sold via the Services of the Platform.

4.9. Users (other than the respective Seller itself) must not block or change Art Information or other information uploaded by Sellers or GART or otherwise disturb the operation of the Platform.

4.10. GART is entitled but not obliged to delete Art Information at any time and without giving reasons, in particular if the Art Information is incorrect or violates any laws..

5. Conclusion of Sales and Purchase Contract between Seller and Buyer

5.1. Principle

As set out in section 1, the Sale and Purchase Contract for Artworks is concluded only between Seller and Buyer. The Platform only enables them to connect with one another but is not party to the Sale and Purchase Contract.

5.2. Order by Buyer

5.2.1. To order an Artwork, the Buyer has to select the Artwork, place it in the cart and identify via a User account or provide the necessary personal information.

5.2.2. Before validating the order the Buyer has to check the information appearing on the order summary including the ancillary costs.

5.2.3. The Buyer confirms the Artwork selected for purchase, the total purchase price, the unconditional acceptance of the GTC and the payment method by clicking a box (“tick the box”-process) in the order form during the check-out process.

5.2.4. Following completion of the check-out process by the Buyer, the Buyer receives an email from GART confirming receipt of the order.

5.2.5. The Buyer is bound by his order for three (3) days.

5.3. Availability check

5.3.1. The Artworks offered on the Platform are offered subject to their availability. Thus, after the order has been placed by the Buyer, GART will check with the Seller whether the Artwork is available. The Artwork shall be designated on the Website as reserved.

5.3.2. The Seller agrees to confirm and/or deny the availability of the Artwork ordered by the Buyer within three (3) days of receipt of the request from GART. If the Seller does not respond to GART within the three (3) days the Artwork is deemed to be no longer available.

5.4. Conclusion of Sale and Purchase Contract between Seller and Buyer

5.4.1. If GART has received confirmation from the Seller that the Artwork is still available and the Seller is willing to sell, GART will confirm this to the Buyer on behalf of the Seller, this confirmation shall be the acceptance of the purchase order of the Buyer by the Seller and upon receipt of confirmation by the Buyer the Sale and Purchase Contract between Seller and Buyer shall be concluded. GART will then instruct the payment service provider to collect the relevant purchase price from Buyer according to the chosen payment method.

5.4.2. If the selected Artwork is (deemed) no longer available GART will inform the Buyer by sending an email on behalf of the Seller, rejecting the Buyer’s order. Then no sale and purchase agreement for the Artwork is entered into and no money of the Buyer will be blocked or collected.

5.4.3. In case of an order of the Buyer is rejected neither Seller nor Buyer shall have any claims against each other or against GART.

5.5. Payment process

The payment process is set out in more details in section 8 below.

5.6. Transfer of title to Artwork

The transfer of ownership title in the Artwork happens if the entire purchase price has been paid by the Buyer and is credited to the Seller’s account.

6. Purchase price, terms of payment

6.1. The purchase price for the Artwork is determined by the Seller. It is set in the amount and currency indicated on the Platform.

6.2. The purchase price indicated for the Artwork does not include costs for shipping from the Seller to the Buyer and also not taxes such as sales tax, VAT of import taxes and customs duties (if applicable) which all have to be borne by the Buyer.

6.3. The costs for shipping depend on the type of the artwork, dimensions, weight and location of Seller and Buyer. The shipping costs are calculated during the shopping cart confirmation and specified in the order summary on the Platform.

6.4. The payment of the purchase price plus shipping costs by the Buyer to the Seller is made via the payment services available on the Platform. Any payments are processed by the payment service provider as set out in section 8 below.

6.5. If Seller or Buyer requests GART to send the invoice in paper form GART will invoice a fee of EUR 10 per invoice.

7. Taxes and customs duties

7.1. It depends on the location of the Buyer whether and which taxes, including sales tax, VAT and import taxes, as well as customs duties are payable for the purchase of Artworks. It is the responsibility of the Buyer to establish which taxes and customs duties have to be paid and what the applicable processes are. Neither the Seller nor GART are able to establish these requirements, amounts and processes.

7.2. If taxes such as sales tax, VAT of import taxes and customs duties are payable the payment obligation and processes with the competent bodies are the responsibility of the Buyer and the costs have to be borne by the Buyer.

8. Processing of payment

8.1. GART has implemented clear processes with a certified payment service operator to ensure that the payments of the Buyer are secure and received by the relevant recipients. GART has in no event access to the confidential information relating to the payment that the Buyers uses during check-out. Although GART uses encrypted security software, the security of information and payments transmitted via the internet or email cannot be guaranteed. GART cannot be held liable for damages resulting from the use of electronic means of communication, including damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties and transmission of viruses.

8.2. GART has entered into a contractual arrangement with a payment service provider according to which the payment service provider will process the payments. GART is responsible for the contractual relationship with the payment service provider.

8.3. The Buyer can choose among different payment methods. If the Buyer chooses to pay by credit card, the payment is immediately processed. If the Buyer chooses to pay by bank transfer, the Buyer shall wire the money as soon as possible so that it is received in the indicated bank account within 5 business days at the latest.

8.4. The payment service provider is responsible for processing (i) the payment of the purchase price between Buyer and Seller, (ii) the payment of the fee to GART and (iii) the payment of the shipping costs to the shipper.

8.5. The processing of the payments works as follows: (i) the Buyer pays the purchase price and the shipping costs to the escrow account of the payment service provider (the payment being processed by the payment service provider according to the payment method chosen by the Buyer), (ii) after expiry of the 14 day period for withdrawal by the Buyer (see section 12 below) the payment service provider pays the purchase price less the shipping costs and less the fee for GART, to the Seller and the shipping costs to the shipper and the fee to GART.

9. Shipping, delivery

9.1. The Seller is responsible for shipping the Artwork to the Buyer.

9.2. GART offers on the Platform the services of certain shipping companies which the Seller and the Buyer can use for shipping. The terms and conditions of the shipping are those of the selected shipping company which the Users accept.

9.3. The Seller is responsible for proper packaging of the Artwork and handing over the packaged Artwork to the shipping company, including agreeing the date and conditions of hand-over to the shipping company.

9.4. The Buyer shall inform themselves about the procedures and delivery schedules of the shipping companies. Compliance with all obligations regarding the delivery of the Artwork is the sole responsibility of the Buyer. GART is in no case liable for failure of the Buyer to comply with the terms and conditions of the shipping company.

9.5. The Seller shall provide to GART, who will forward to the Buyer, the name of the shipping company as well as the tracking number.

9.6. The delivery of the Artwork is made to the address provided in the order form.

9.7. The Buyer has to check the condition of the Artwork as soon as the delivery is made. If the Buyer has any reservations about the condition of the Artwork he has to give notice to GART immediately and in writing with detailed description and photographic evidence, at the latest within 48 hours from delivery. GART will transfer the message to the Seller. If the packaging of the Artwork is damaged the Buyer shall together with the representative of the shipping company describe any damage to the Artwork. The Buyer may not bring any claim that the Artwork is damaged after the 48 hours from delivery have expired.

10. Colour, resemblance

GART does not guarantee and is not responsible for the colour accuracy of any Artwork displayed on the Platform and disclaims all liability in this regard.

11. Right of withdrawal of Buyer

11.1. The Buyer has a right to withdraw from the Sale and Purchase Contract within 14 days from the day of delivery of the Artwork, without any reasons or cost.

11.2. At conclusion of a sales contract the respective Seller has to inform the Buyer about the existence of the right to withdraw. The Seller may use the form of notice of right of withdrawal provided by the Platform.

11.3. The Buyer may use the right of withdrawal by sending an email to GART under the following address: contact@gart.gallery. GART will then notify the Seller and organise the refund process of the purchase price once the Artwork has been properly returned to the Seller.

11.4. In case of a withdrawal from the Sale and Purchase Contract the Buyer has to return the Artwork in the same condition as it was received by the Buyer, the Buyer is responsible for the proper packaging of the Artwork and the Buyer has to bear the return shipping costs.

11.5. If taxes and customs duties were paid by the Buyer they will not be refunded by the Seller or by GART. The Buyer also has to bear any taxes and customs duties as a result of the return of the Artwork.

11.6. Artwork has to be returned by the Buyer in perfect condition and in its original or equivalent packaging. Returned Artworks that are damaged or dirtied by the Buyer shall not be accepted nor refunded.

12. Representations and warranties

12.1. The Seller represents and warrants to the Buyer and to GART

12.1.1. that the Artwork which is shipped is the Artwork ordered;

12.1.2. that the Artwork is in good condition;

12.1.3. that the Art Information is correct,

12.1.4. that the Seller has the right to dispose of the title to the Artwork and that the Artwork is free of rights of third parties.

12.2. GART

12.2.1. does not give any representations and warranties relating to the Artworks;

12.2.2. does not take any responsibility for the correctness and completeness of the Art Information;

12.2.3. does not warrant the identity and integrity of the Users.

13. Use of User data, data protection

13.1. GART collects and retains certain personal data of the Users to ensure proper execution of the GTC and any sales contracts. This data is essential to the management of the User’s account and access to the Services. The data will also be stored for security purposes, in order to comply with legal obligations and to enable GART to improve and personalise the Services offered to and information sent to the Users.

13.2. The User agrees that GART may use the data provided by the User for advertisement purposes. Users are likely to receive offers from GART and from our partners, depending on the choices made when the User created or amended its User account.

13.3. The Platform is also designed to be attentive to the needs of Users. Cookies are used to improve the personalised service intended for the Users.

13.4. The Buyer agrees that the contact information may be passed on to the Seller and vice versa.

13.5. The personal data of the User will be deleted no later than six months after the cancellation of the User account. GART reserves the right to retain certain data in order to comply with legal obligations of information storage for executed business transactions.

13.6. Details of the use of data by the Platform are set out in GART’s Data Protection.

13.7. Limitation of liability of GART

13.8. All Art Information on the Platform is based on information provided by the Sellers. GART has not verified this Art Information and bears no liability for its correctness.

13.9. GART is not liable for the contents of links on the Platform:

13.10. GART is not liable for the technical availability of the Platform. GART may disable the Platform, in particular if this is required for technical maintenance, improvements or security measures.

13.11. Otherwise, GART is liable for intentional and grossly negligent acts of GART, its legal representatives, senior employees and other agents according to statutory law. The same applies to mandatory strict liability as well as claims under the German Product Liability Act or by a culpable damage to life, body or health.

13.12. The liability of GART for indirect losses, consequential losses, loss of profit, loss of information is excluded.

13.13. Furthermore, the liability of GART for interruptions of access to the internet, transmission or receipt of data via the internet, consequences of any virus, computer bug, technical defect, loss of data and hardware or software defects that may have prevented or limited the ability to use the Platform is excluded.

13.14. Further liability of GART is excluded. To the extent the liability of GART is excluded this also applies to the liability of its shareholders, employees and agents.

14. Indemnity

14.1. The User indemnifies GART against all claims which third parties may bring against GART based on violation of their rights by Art Information or other data from the User or by a User’s use of the Services if such violation has been determined by a court.

14.2. In case of a claim by the third party against GART the relevant User shall make available to GART without undue delay all information required for the review of and defence against the claim.

15. Force majeure

In case of force majeure the execution of the sales contract may be suspended for the duration of the force majeure or cancelled.

16. Rights of GART

16.1. GART is entitled to use cookies for the use of the Platform.

16.2. GART is entitled to make advertisements for the Platform using the Artworks and Art Information.

16.3. GART is entitled to delete Artworks or Art Information or a User account at discretion and will do so in particular if there are reasons to believe that there are issues with data or sales or the suspicion of violation of legal rights.

17. Intellectual property rights

17.1. All rights to the Platform and its design are the intellectual property right of GART, all rights to Artworks and Art Information are the intellectual property of the respective artist and/or the gallery representing the artist. Any use or copying of such intellectual property may only be made regarding the Platform with the prior written consent of GART and regarding the Artworks and Art Information with the prior written consent of the artist and/or the gallery representing the artist.

17.2. Any reproduction or modification or adaptation in whole or in part of the contents or design of the Platform and/or all or part of the elements that appear on the Platform is prohibited.

18. Termination

18.1. A User may terminate the use contract for the Platform and its User account at any time by sending an email to the following address: contact@gart.gallery

18.2. GART may terminate the use contract for the Platform and the User account at any time without giving reasons with a one month notice period.

18.3. In case a User materially violates these terms and conditions or other rights and obligations in connection with the use of the Platform, GART may terminate the use contract for the Platform and the User account with immediate effect.

18.4. A termination of the use contract for the Platform and the User account does not have any effect on contracts already concluded.

19. Modification of terms and conditions

19.1. GART reserves the right to amend these terms and conditions at any time without giving reasons.

19.2. By uploading new Artworks or new Art Information or by entering into a new sales contract the User accepts the terms and conditions in its amended form.

20. Miscellaneous

20.1. GART may also use third parties to fulfil its obligations under the use contract.

20.2. General terms and conditions of the User do not apply.

21. Applicable law

The GTC and any claims arising thereunder are governed by German law with the exclusion of the rules of conflict of laws and the UN Convention on the International Sale of Goods.

22. Jurisdiction

For Users which are merchants in the meaning of the German Commercial Code the exclusive place of jurisdiction shall be Berlin. For Users which are private end consumers the jurisdiction shall be the place of residence of the respective User.