Privacy policy

1. Scope
These general terms and conditions are binding for all business dealings of the gallery. Conflicting purchasing terms do not apply. By signing, the buyer confirms that they have read the terms.

2. Purchase prices
Purchase prices are stated in euros and include the applicable VAT. For artworks, the gallery pays a levy covering the statutory artist’s resale right (§ 26 UrhG) and artists’ social insurance; this levy is also included in the purchase price.

3. VAT refunds
(3.1) Third countries outside the EU: Under statutory provisions, exports to third countries outside the EU internal market are exempt from VAT. If a buyer personally takes the purchased item abroad, they must provide security equal to the VAT, which is refunded once they submit proof of export and purchaser status to the gallery.

(3.2) EU internal market: If the buyer is a business for VAT purposes and legitimately uses the VAT identification number issued by their EU country of residence, the supply remains VAT-exempt insofar as the acquisition is subject to acquisition tax in the buyer’s country. The buyer must nevertheless provide security equal to the VAT, which is refunded once the correct VAT identification number is received by the gallery. If that number subsequently proves incorrect, the gallery may withdraw from the purchase contract.

4. Payment terms
The purchase price is due upon invoicing without deductions. For non-cash payments (cheque, bank transfer, etc.), the buyer bears the costs of clearing the cheque or other payment.

5. Delivery and retention of title
(5.1) The buyer may demand delivery of the purchased item only against full payment of the purchase price.

(5.2) Ownership of the sold item transfers subject to the condition precedent of full payment. The gallery may withdraw from the contract if the buyer defaults on payment. If, contrary to clause 5.1, the item is delivered before full payment, the buyer must handle it carefully and protect it from damage or loss until ownership transfers.

6. Set-off and retention
The buyer may set off claims against the gallery only if those claims are undisputed or established by a final judgment. The buyer’s rights of retention are excluded unless they arise from the same contractual relationship.

7. Default
(7.1) Payment default: If the buyer defaults on payment of the purchase price or an instalment, the gallery is entitled, and obliged at the artist’s request, to disclose the buyer’s name and address to the artist. Annual default interest is five percentage points above the base rate, or eight percentage points above it if the purchase was made in the course of the buyer’s business or self-employed professional activity. The gallery may claim further damages. Upon default, the gallery may declare all outstanding instalments immediately due.

(7.2) Default in acceptance: The buyer is in default if they do not collect the item within the contractually agreed period or within 30 days after an offer of performance by the gallery. The gallery may then insure and store the item at the buyer’s risk and expense (§ 304 BGB).

(7.3) Additional period: If the buyer defaults on payment or acceptance, the gallery may withdraw from the contract after granting a reasonable additional period. In addition to its statutory rights, the gallery may calculate damages by requiring the buyer to make good any shortfall from a resale. The buyer has no claim to any surplus.

8. Shipping the purchased item
The item is shipped only on the buyer’s written instructions. The risk of damage or loss during shipping is borne by the buyer if they intend to use the item in their business or self-employed professional activity. If the item’s value exceeds €150, the gallery insures the shipment at the buyer’s expense. The gallery may choose the shipping method and means at its own reasonable discretion and is not obliged to choose the fastest or least expensive option.

9. Returns
Returns to the gallery are at the sender’s expense and risk. For returns for remedial performance, the gallery bears the return costs (§ 439(2) BGB), unless the purchase concerns a work that was not newly created and the customer intends to use it in their business or self-employed professional activity. Unjustified returns will not be accepted. The sender bears the costs and risk of the subsequent return shipment.

10. Liability
(10.1) Information about the artwork: Descriptions in catalogues, brochures, etc. do not constitute a guarantee of the item’s qualities. If the customer intends to use the item in their business or self-employed professional activity and it is not a newly created work, the gallery is not liable for the completeness or accuracy of such information unless it knew or ought to have known that the information was incorrect or incomplete.

(10.2) Commission sales: When the gallery sells on commission, warranty claims for defects are excluded if the customer intends to use the item in their business or self-employed professional activity and it is not a newly created work. This also applies to forgeries unless the gallery ought to have known of the lack of authenticity. Before the sale, the buyer may inspect conformity with the contract and authenticity personally and, where appropriate, with expert assistance. Where a warranty case arises for which the gallery is not liable under this provision, the gallery assigns any claims against its principal to the buyer. Alternatively, the gallery may choose to take back the item and refund the purchase price.

(10.3) Liability: The gallery is liable without limitation for damage caused intentionally or through gross negligence by the gallery, its legal representatives or agents. It is also liable without limitation for injury to life, body or health caused by an intentional or negligent breach of duty by those persons, regardless of the degree of fault. For damage caused through slight negligence, the gallery is liable only where the gallery, its corporate bodies or agents breach an essential contractual duty. In that case, liability is limited to foreseeable damage typical of the contract. All other liability is excluded.

(10.4) Warranty: If the delivered work is defective, the buyer may claim damages only after two unsuccessful attempts at remedial performance and subject to the liability restrictions in clause 10.3. If the customer intends to use the item in their business or self-employed professional activity, they may initially demand only remedial performance. Only after two unsuccessful attempts may they withdraw from the contract, reduce the purchase price or claim damages subject to clause 10.3 of these general terms and conditions.

(10.6) Limitation periods: Claims for damages based on defects in the work become time-barred no later than one year after the statutory limitation period begins, except for claims based on intent by the gallery. If the buyer intends to use the item in their business or self-employed professional activity, claims for damages due to defects become time-barred six months after the statutory period begins, unless based on intent or concerning a newly created work. Other claims due to defects not based on intent become time-barred within one year after the statutory period begins, unless they concern a newly created work. The exclusion of claims for damages does not cover cases under § 309 No. 7 BGB.

11. Applicable law
The legal relationship between the gallery and the buyer is governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

12. Final provisions
(12.1) The German version governs the interpretation of these terms. (12.2) For merchants, legal persons under public law and special funds under public law, the place of performance and jurisdiction is the gallery’s registered office. The same applies if the customer has no general place of jurisdiction in Germany. If any provision of these terms is or becomes invalid, the remaining provisions remain effective.