Terms and Conditions

I. General

a) These Terms and Conditions apply to all present and future business relationships of the Seller.

b) Consumers within the meaning of these Terms and Conditions are natural persons who enter into a business relationship with the Seller without such activity being attributable to a commercial or professional purpose. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or legally capable partnerships who enter into a business relationship with the Seller in the exercise of their commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.

c) Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract, even if known, unless their validity is expressly confirmed in writing.

II. Conclusion of Contract

Offers made by the Seller are non-binding. Delivery remains subject to availability. By placing an order, the Customer declares a binding intention to purchase the ordered goods. The Seller may accept this contractual offer within two weeks of receipt. Acceptance may be declared either in writing by order confirmation or by delivery of the goods to the Customer.

III. Payment

a) The quoted purchase price is binding. If the buyer is a consumer, the price quoted by the Seller includes statutory VAT. If the buyer is an entrepreneur, the quoted price is exclusive of statutory VAT. If taxation is applied according to § 25a UStG (margin taxation), VAT will not be itemized on the invoice. If the Customer requests shipping, he shall in all cases bear the shipping costs and any insurance or similar charges.

b) The Customer undertakes to pay the purchase price within 10 days after receipt of the goods. After this period, the Customer is in default. During default, consumers must pay interest on their monetary debt at 5 percentage points above the base interest rate. Entrepreneurs must pay interest at 8 percentage points above the base interest rate. The Seller reserves the right to prove and claim higher damages caused by delay against entrepreneurs.

c) The Customer shall only have the right to offset if his counterclaims have been legally established or acknowledged by the Seller. The Customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.

d) Objections to invoices must be made in writing and no later than eight days after receipt.

IV. Delivery

a) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery; in the case of a sale involving shipment, upon delivery of the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the buyer is a consumer, the risk shall not pass until delivery of the goods to the buyer, even in the case of shipment.

b) Delivery is deemed to have taken place if the Customer is in default of acceptance.

c) Delivery periods stated by the Seller are non-binding. If a delivery period is exceeded by more than six weeks, the Customer has the right to set a reasonable grace period. After expiry of this period, both contracting parties may withdraw from the contract by written declaration.

d) Cases of force majeure—defined as circumstances and incidents that cannot be prevented with the diligence of proper business management—suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If such delays exceed six weeks, both parties are entitled to withdraw from the contract with regard to the affected scope of performance. Other claims do not exist.

V. Default of Acceptance

If the Customer is in default of acceptance of the offered performance for longer than one month, he must pay storage costs. The Seller may also use a forwarding agent for storage. Instead of claiming actual costs, the Seller may demand flat-rate storage costs of €5 per day, but not exceeding 10% of the purchase price.

VI. Retention of Title

a) Goods sold to entrepreneurs remain the property of the Seller until full payment of all claims arising from the business relationship with the entrepreneur, in particular payment of the purchase price including ancillary costs as well as claims from other contracts, and in the case of payment by bill of exchange or check until they have been honored.

b) Goods sold to consumers remain the property of the Seller until full payment of all claims existing at the time of conclusion of the contract, in particular the purchase price including ancillary costs, and in the case of payment by bill of exchange or check until they have been honored.

c) If the retention of title leads to over-collateralization, the Seller is prepared to limit the security to 150% of its claims.

d) Retention of title also extends to products resulting from the processing, mixing, or combination of delivered goods at their full value, with the Seller deemed to be the manufacturer. If the ownership rights of third parties remain in effect after processing, mixing, or combination, the Seller shall acquire co-ownership in proportion to the invoice values.

e) In the event of resale or processing of goods subject to retention of title, the entrepreneur hereby assigns in advance the resulting claims to the Seller. The entrepreneur is authorized to collect these claims until revocation or suspension of payments to the Seller. Assignment of these claims for collection purposes in factoring is not permitted unless the factor simultaneously undertakes to pay the Seller’s share directly to the Seller as long as claims exist.

f) The Customer may not pledge goods subject to retention of title or assign them as security. Any change of location and interventions by third parties, in particular seizures, must be reported to the Seller immediately in writing, enclosing the seizure protocol in the case of seizures.

g) The Customer must grant the Seller access to goods subject to retention of title after reasonable prior notice. The Customer is obliged to treat the goods with care and carry out any necessary maintenance work at his own expense.

h) The Seller is entitled, in the event of the Customer’s breach of contract, in particular in case of default of payment or breach of the obligations under paragraphs f) and g), to withdraw from the contract and demand the return of the goods.

VII. Warranty

a) Information regarding age, origin, and authenticity of antiques and art objects does not constitute a warranty of quality within the meaning of § 434 BGB, but is provided as non-binding information. No guarantees in the legal sense are granted.

b) If the buyer is an entrepreneur, antiques and art objects are sold “as seen” or “as they could have been seen.” The Seller assumes no liability for open or hidden defects.

c) If the buyer is a consumer, statutory warranty rights apply. The consumer may initially choose between repair or replacement. However, the Seller may refuse the type of remedy chosen if it is only possible at disproportionate cost. If rectification fails, the consumer may demand a reduction in price or rescission of the contract. In the case of minor defects, however, there is no right of rescission.

d) Consumers must notify the Seller in writing of obvious defects within two months of discovery. If notification is omitted, warranty rights expire two months after discovery of the defect. This does not apply in the event of fraudulent intent by the Seller. The burden of proof regarding the time of discovery rests with the consumer. For used goods, particularly antiques and art objects, the consumer bears the burden of proof for defects.

e) If the buyer withdraws from the contract due to defects after failed rectification, no claim for damages exists in addition. If the buyer claims damages after failed rectification, the goods remain with the buyer, provided this is reasonable. Damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if the Seller acted fraudulently.

f) For consumers, the limitation period for warranty claims is two years from delivery. For used goods, the limitation period is one year. This does not apply if the consumer failed to notify the Seller of a defect in time (see d)).

VIII. Limitation of Liability

a) In cases of slight negligence, the Seller’s liability is limited to the foreseeable, contract-typical, direct average damage. This also applies to slight negligence by the Seller’s legal representatives or agents. The Seller shall not be liable to entrepreneurs for slight negligence in the breach of insignificant contractual obligations.

b) The above limitations of liability do not affect potential claims under the Product Liability Act. Furthermore, they do not apply to damages resulting from injury to life, body, or health attributable to the Seller.

c) Claims for damages due to defects become time-barred one year after delivery of the goods. This does not apply if the Seller is accused of fraudulent intent.

IX. Final Provisions

a) German law shall apply. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. This also applies if the Customer has no general place of jurisdiction in Germany or if residence or usual place of abode is unknown at the time of legal action.

b) Should individual provisions of this contract, including these Terms and Conditions, be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that most closely reflects the intended economic purpose.

X. Packaging and Shipping

a) All artworks displayed on the website are shown for presentation purposes only. No sales contracts are concluded via the website.

b) Packaging, shipping, insurance, and any related costs are arranged individually with the Customer. Unless otherwise agreed, these costs and risks are borne by the Customer.

c) The Seller will ensure professional packaging and, upon request, assist the Customer in organizing transport and insurance.