General Terms and Conditions
§1 General Provisions
1. Artsation GmbH, Infanteriestraße 19, House 2, D - 80797 Munich operates an online sales platform for works of art at www.artsation.com. As the provider and owner of the platform, Artsation GmbH is also the contracting partner of such legal entities and individuals that want to buy articles at such platform.
Artsation GmbH will sell the works of art as commission agent in its own name and for the account of the offering gallery. Any items owned by Artsation GmbH are specifically marked.
2. Any and all contractual relationships between Artsation GmbH and its customers are exclusively subject to the general terms and conditions of Artsation GmbH. Any diverging terms and conditions of the customers or the respective galleries shall not be applicable.
3. The customer is obliged to truly and completely fill in the order form (name, address, etc.). Any damage resulting from false statements made by the customer in this regard shall be made good by him/her.
4. In the event any provision of these Terms and Conditions is held to be or becomes invalid, the validity of the remaining provisions hereof shall not be affected thereby.
§2 Conclusion of the Contract
1. The works of art (paintings, art prints, digital prints, post cards, posters, photographs, limited objets d'art) listed by Artsation GmbH in the internet or in any other media shall not be deemed to be an offer for sale but only an invitation to customers to submit a purchaser order (so-called "invitatio ad offerendum"). The purchase orders may be submitted online by means of the order forms provided by Artsation GmbH.
2. A customer's purchase order shall be deemed to be accepted by immediate delivery, i.e. handing over of the articles by the gallery to the shipper/ carrier/ post office.
3. The text of the contract will not be saved separately by Artsation GmbH. The order data will be disclosed in the confirmation sent to the customer by e-mail. The General Terms and Conditions as applicable from time to time may be retrieved and downloaded at www.artsation.com.
4. Any purchase order from a customer will only be accepted at the prices and terms applicable at this point in time. All prices include legal VAT (currently 7% or 19% in Germany) and are net of any shipping charges.
5. Artsation GmbH does not give any warranty that the articles offered on the website are available at all times. In the event one or several articles are not available, Artsation GmbH will notify its customers thereof as soon as possible. If a customer has already made payment for the articles, Artsation GmbH will pay back the respective amount without undue delay.
§3 Right of Revocation
1. We offer our clients the following withdrawal periods, which depend on the legal provisions of the country in which the customer has his habitual residence: 7 working days revocation period applies to consumers based in Austria, Bulgaria, France, Ireland, Lithuania, Luxembourg, Netherlands, Slovakia, Spain and the United Kingdom; 8 business days: Hungary; 10 days: Poland, 10 days: Greece, Italy and Romania; 14 days: Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Portugal, Sweden, Latvia, 15 days Malta and Slovenia. There is currently no statutory right of withdrawal for distance sales to consumers from Switzerland.
To observe the revocation period it is sufficient to send off the revocation or dispatch the product in time.
2. You may exercise your right of revocation in writing or by means of other permanent data media, by e-mail or by returning the articles. Please address the revocation to:
D - 80797 Munich
3. Upon due revocation, you are no longer bound by the contract entered into with Artsation GmbH. Artsation GmbH will refund any purchase price already paid. You are only obliged to return the articles.
4. Any charges for returning the articles shall be borne by the customer if the price of the articles to be returned does not exceed an amount of EUR 40.00 or, in case the price exceeds EUR 40.00, if the articles have not yet been paid at the time of revocation. If the price of the articles to be returned exceeds an amount of EUR 40.00 and if the articles have already been paid at the time of revocation, Artsation GmbH will refund the charges after receipt of the articles by credit transfer. Please send any returns sufficiently stamped to the address set forth above, otherwise, the articles cannot be taken back. If framed pictures or complaints are to be returned, please contact us in advance by telephone.
5. Custom-made articles (e.g. digital prints, limited objets d'art and pictures on stretcher bars) can generally not be returned or exchanged.
6. If the customer exercises the withdrawal and sends the goods back in conformance to the contract, the purchase price refund will be made immediately by the Artsation GmbH, at the latest within 30 days of return.
1. Artsation GmbH does not accept any liability for minor deviations of the delivered article. In case of works of art (paintings, art prints, digital prints, post cards, posters, photographs, limited objets d'art) as well as other printed products, minor deviations from the samples as regards colours, format and quality of the paper, canvass or surface cannot fully be avoided for manufacturing and typographic reasons. Such deviations do not justify a notice of defects.
2. The materials used for the products sold by Artsation GmbH are in line with industry standards. Any liability for the prints, colours, materials, light resistance, etc. may only be accepted on the basis of average resistance.
3. In case of wrong deliveries and obvious defects, the customer has to give notice thereof within a period of eight days after delivery of the articles.
4. Any information published in the catalogue or in the respective internet presentation is based on scientific findings which have been published by the date of the sale or are otherwise in the public domain; it is, in principle, not part of the agreed specification and includes no guarantee as to such specification. Artsation GmbH reserves the right to amend any information about the offered works of art.
5. All information about the authorship, technique or signature of the work of art shall, however, be deemed to be part of the specification agreed with the customer. Artsation GmbH does not give a special guarantee giving rise to further rights (Sections 443, 477 of the German Civil Code (BGB)); furthermore, this agreement on the specification does also not constitute a liability stricter than the liability provided for by law (Section 276(1) BGB). Specifications other than authorship, technique or signature of the work of art are not contractually agreed upon even if the work of art is exposed for advertising purposes. This applies accordingly to any illustrations published on the website. Such illustrations shall only provide an indication of the work of art to interested persons and are neither part of the agreed specification nor do they constitute a guarantee as to such specification. Artsation GmbH shall, however, not be liable if the information about authorship, technique or signature provided in the catalogue was in accordance with current knowledge at the time of the sale and if Artsation GmbH was not ought to know any facts to the contrary at this point in time.
6. Further claims against Artsation GmbH for any defects of title, for the defects of quality as finally settled in clause 1 and 2 as well as for other legal reasons shall be excluded. This, however, shall not apply to any claims for damages based on wilful or grossly negligent actions taken by Artsation GmbH or the breach of material contractual duties or caused by an injury to life or health.
7. Warranty claims, if any, have to be asserted within a period of one year. The limitation period shall commence on the day the customer obtains possession of the articles.
8. Upon the delivery of the work of art, the risk of accidental loss or accidental deterioration of the work of art shall pass to the customer.
1. The articles sold by Artsation GmbH are protected by copyright all over the world. The customer shall not be entitled to produce, reproduce or sell the articles of Artsation GmbH by himself/herself or have them sold by a third party.
§6 Retention of Title
1. Until payment in full, Artsation GmbH retains title to the articles.
2. If the customer sells articles of Artsation GmbH which are subject to a retention of title, the retention of title has to be transferred accordingly. Should the customer sell the work of art before he/she has settled all amounts payable to Artsation GmbH, the customer hereby assigns all claims arising from such re-sale to Artsation GmbH, which accepts the assignment.
3. In the event that third parties take hold of articles of Artsation GmbH which are subject to a retention of title, the customer has to notify Artsation GmbH thereof without undue delay.
4. Any transfer of articles which are subject to a retention of title by way of pledge, security or otherwise shall only be permissible with the prior approval of Artsation GmbH.
5. If the customer does not make payment after a reminder in case of a breach of contract, including but not limited to a delay in payment, the customer has to return any articles of Artsation GmbH which are subject to a retention of title. The cost for return shipping shall be borne by the customer.
6. The customer may offset payments to Artsation GmbH only with undisputed claims or claims recognised by declaratory judgement.
1. Payments are to be made either by credit card or in advance. Details are provided on our website.
2. Payments to Artsation GmbH shall be made in Euro. If payments are made in a foreign currency, any exchange loss shall be borne by the customer. Any taxes, costs and charges incurring in connection with the payment (including the bank charges to be paid by Artsation GmbH) shall also be borne by the customer.
3. The following payment methods are accepted: MASTERCARD, VISA, AMERICAN EXPRESS, PayPal, bank transfer.
4.The Artsation GmbH has an advanced secure server software, GEO TRUST SSL encryption, which protects your credit card data during transmission from eavesdropping and tampering. Your personal information will be encrypted through digital security systems transmit to us. Our site is protected by technical measures against damage, destruction, or unauthorized access. We will protect the transmission of your data with a secure SSL (Secure Socket Layer) GEO TRUST ensures that your personal information, including credit card and account information is transmitted securely over the Internet. The data is encrypted so that they are readable only by the payment system.
§8 Shipping methods, shipping costs and delivery times
1. Shipping methods and delivery costs
Shipping options through shipping partners of artsation GmbH
If you would like to use the services of one of artsation GmbH's shipping partners, you will get offers by at least one of our partners 1-2 working days after your purchase. Should none of the offers suit your taste for whatever reason, you can always assign your own shipping partner at any time.
Due to the diversities of shipping regulations, distances, possible custom fees and/or size of the purchased items please understand that prices can vary greatly, thus each shipping offer has to be individual.
Shipping through a shipping partner of your choice
Should you be familiar with art transportation and already work with your own logistic partner, you can always choose to handle shipment with your own shipper. In this case we will provide you and/or your shipping partner with the necessary information concerning the local pickup, times etc. to assure a quick and swift handling.
2. Shipping and Insurance
The goods are insured during transport against theft and accidental damage. Once you have taken your delivery receipt and confirmed by your signature, the insurance cover expires.
The artwork is ready to ship usually within 14 days after receipt of full payment and agreeing to the terms of delivery. Mailboxes are not supplied.
§9 Data Protection
§10 Place of Performance, Place of Jurisdiction, Miscellaneous
1. If the customer is a merchant within the meaning of the German Commercial Code (HGB), the place of performance and place of jurisdiction shall be Munich, Germany.
2. This shall also apply if the customer is not a merchant registered with the commercial register (Handelsregister) as merchant and not subject to the jurisdiction of Germany.
3. If the General Terms and Conditions are available in several languages, the German version shall prevail in each case.
4. The laws of the Federal Republic of Germany shall apply without giving effect to the UN Sales Convention.
5. In the event any provision of these General Terms and Conditions is held to be or becomes invalid or unenforceable, the validity of the remaining provisions hereof shall not be affected thereby. In lieu of the invalid or unenforceable provision, the parties shall agree upon such valid and enforceable provision which most closely corresponds to the intended purpose of the invalid or unenforceable provision.
03 May 2013