General terms and conditions

This is the English version of our German legal texts. It applies to contracts concluded in English.

§ 1 Scope

These terms apply to all contracts initiated via artsuremberlin.de between Artsürem A.Ş., Oğulbey Mahallesi, Oğulbey Küme Evleri No: 571, Gölbaşı, Ankara, Turkey (“Artsürem”, “we”) and our customers for the sale of works of art. A consumer is any natural person who buys predominantly for private purposes; a business customer is any natural or legal person or partnership with legal capacity that buys in the course of its trade, business or profession.

§ 2 Conclusion of contract

The presentation of the works on the website is not a binding offer. In response to your enquiry, we will send you an offer by email stating the price, shipping costs, delivery method and acceptance period. The contract is concluded when you accept this offer by email within that period. Until the acceptance period expires, we are bound by our offer and reserve the work for you.

The contract languages are German and English. You receive the contract text (offer, acceptance and these terms) by email; we store it in accordance with the statutory retention obligations.

§ 3 Prices and import charges

The works are delivered from Turkey, i.e. from outside the EU. The offer price does not include Turkish VAT (tax-exempt export). The delivery terms are DAP (Incoterms® 2020); the place of destination is the agreed delivery address. On import into the EU, you are the importer. You bear the import VAT, any customs duties and the carrier’s customs clearance fees. For paintings, drawings, original prints and original sculptures, import VAT is currently 7% and there is normally no customs duty. Ceramic objects that are not classified as original sculpture for customs purposes may be subject to 19% import VAT and possibly customs duty. Your offer states the rates that apply to your work and the expected amount.

§ 4 Payment

Payment is made by bank transfer in euros to the account stated in the offer, before shipping or before the personal handover. With a personal handover, we can advance the import VAT for you on request; you reimburse us against the customs receipt.

§ 5 Delivery and transfer of risk

We deliver to Germany and, by arrangement, to other EU countries. Depending on the format, we send the work insured by courier or specialist fine art shipper, or hand it over in person in Berlin (see Shipping and delivery). Your offer states the expected delivery time.

For consumers, the risk of accidental loss and deterioration passes on handover of the work. For business customers, it passes in accordance with the DAP delivery terms (Incoterms® 2020), i.e. as soon as the work is placed at their disposal at the place of destination ready for unloading, or on handover in the case of a personal handover.

§ 6 Retention of title

The work remains our property until payment has been made in full.

§ 7 Right of withdrawal

Consumers have a right of withdrawal for distance contracts and off-premises contracts as set out in the withdrawal policy. There is no right of withdrawal for works made specifically to your specifications (commissioned works) (§ 312g(2) no. 1 BGB).

§ 8 Authenticity, condition and defects

Every work comes with a certificate of authenticity issued by Artsürem. We describe the condition of the work in our offer and will send detailed photos on request. Depending on the screen and lighting, the images on the website cannot always reproduce colours and surfaces exactly; the description of the work in our offer is decisive. The statutory rights in respect of defects apply.

§ 9 Copyright

The purchase of a work does not transfer any rights of use or reproduction; these remain with the artists or their legal successors.

§ 10 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract; otherwise, liability for slight negligence is excluded.

§ 11 Applicable law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Ankara; we may also sue you at your general place of jurisdiction.

§ 12 Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.