General Terms and Conditions – Extracts
1. Scope of application
These General Terms and Conditions govern all business transactions conducted by the gallery.
2. Purchase prices and resale royalty
All purchase prices for artworks are stated in Euros. Prices may, however, be agreed in another currency on an
individual basis. Where a sale is subject to the statutory artist's resale royalty, the gallery shall pay the royalty
and any related contributions to the artists' social security scheme as required by law. These charges shall not be
borne by the buyer.
3. Terms of payment
The purchase price is payable without deduction upon receipt of the invoice and on the agreed due date. The
customer shall provide any declarations and information required for the processing of payment. The gallery
accepts payment by bank transfer to their account with Deutsche Bank in Berlin. It cannot accept payment from
third parties or any person or company other than the buyer.
4. Delivery and retention of title
The purchased object will be delivered to the buyer upon payment of the purchase price. Title to the object shall
not pass to the buyer until the purchase price has been paid in full.
5. Default in payment
If the buyer is in default with payment of the purchase price or any instalment thereof, the gallery shall be
entitled to charge default interest. Default interest shall be charged at a rate of five percentage points above the
applicable base interest rate per annum. The gallery reserves the right to claim further damages and to withdraw
from the contract of sale.
6. Shipment
Shipment of the purchased object shall only take place upon written instruction from the buyer. The risk of loss
or damage during shipment shall pass to the buyer.
For export deliveries to countries outside the European Union, additional costs may arise. Such costs shall be
borne by the buyer and may include import duties, taxes or customs charges ("import tax", „duty“ or „tariff").
7. Warranty and liability
The gallery guarantees the authenticity of the artworks sold and accepts unlimited liability with respect to their
authenticity and authorship. Except for this guarantee of authenticity, the gallery gives no warranty regarding the
condition or state of preservation of the artworks. In particular, catalogue descriptions, sales previews and similar
materials are prepared to the best of the gallery's knowledge and belief, but shall not constitute a contractual
warranty. Liability for material defects is excluded with respect to buyers who are not consumers unless the
gallery has acted with gross negligence.
The gallery is not liable for any damage or failure due to force majeure, including natural disasters, pandemics,
war, terrorism and cybercrime. Claims for damages shall become time-barred in accordance with the applicable
statutory limitation periods, unless such claims arise from intentional misconduct on the part of the gallery.
8. Applicable law
All legal relationships between the gallery and the buyer shall be governed exclusively by the laws of the Federal
Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG)
shall not apply.
9. Final provisions
In the event of discrepancies in interpretation, the German version of these Terms and Conditions shall prevail.
Place of performance and jurisdiction shall be Berlin. This shall also apply if the customer does not have a
general place of jurisdiction in Germany. Should any provision of these Terms and Conditions be or become
invalid, the validity of the remaining provisions shall remain unaffected.