Terms of sale

§ 1 Scope and seller

(1) These terms apply to the purchase of works from the founding collection (Collection Brigitte Weiss). The offer states which works belong to it (“Seller: Oliver Weiss, private individual”).

(2) The seller is Oliver Weiss as a private individual. His address is given in the offer and on the invoice. The website artloved.com is operated by MASSIVE MEDIA PTE. LTD.; the buyer's sole contracting party is Oliver Weiss.

(3) Anything the offer expressly regulates differently takes precedence over these terms.

§ 2 Offer and conclusion of the contract

(1) Prices on the website and replies to enquiries are not yet an offer. The seller makes an offer by email; it states the work, the price and a deadline (usually 14 days).

(2) The purchase is concluded when the buyer accepts the offer by email within the deadline. The seller confirms the purchase and sends the invoice with bank details.

(3) Subject to prior sale. If the work has already been sold or reserved for someone else when the offer is accepted, no purchase is concluded. The seller informs the buyer without delay and immediately refunds any payment already made.

§ 3 Prices and costs

(1) Prices are final prices in euros. No VAT is charged because the seller sells privately.

(2) Packing and insured shipping are included in the price, also abroad.

(3) For delivery to a country outside the EU, the buyer pays the import charges of his or her country (customs duty, import VAT).

(4) A trade-in is not part of this purchase. Artloved can buy works of the buyer or take them on consignment separately, under a contract of its own.

§ 4 Payment and reservation

(1) The buyer pays by bank transfer within 7 days of the conclusion of the contract to the account given on the invoice. The amount in euros is decisive; conversions in the offer are for guidance only. Each party bears the fees of its own bank.

(2) The work is reserved for the buyer until payment is received.

(3) If the buyer does not pay on time, the seller may set a further period of 7 days and withdraw from the contract once it has expired.

§ 5 Shipping, collection, risk

(1) The seller ships within 10 working days of receiving payment, professionally packed and insured for the purchase price. If export requires a licence (§ 10), this period is extended by the duration of the procedure.

(2) By arrangement, the buyer can also collect the work.

(3) The seller bears the risk of loss and damage until the buyer has received the work.

(4) The buyer checks the delivery on arrival and reports visible transport damage with photos, if possible within 3 days. This makes settling with the insurer easier; the buyer's rights do not depend on it.

§ 6 Right of return

(1) The buyer may return the work within 14 days of receipt without giving reasons. An email to the seller is sufficient.

(2) The seller arranges and pays for the insured return shipment. The buyer repacks the work in the original packaging or equally securely.

(3) The work must come back in the condition in which it was delivered: not framed or reframed, not cleaned or restored. The buyer is liable for damage for which he or she is responsible.

(4) The seller refunds the purchase price within 14 days of receiving the work, to the account from which payment was made.

(5) The seller grants the right of return voluntarily. Any statutory right of withdrawal that applies in an individual case remains unaffected.

§ 7 Authenticity guarantee

(1) The seller guarantees that the work is by the artist named in the offer. If the offer qualifies the attribution (for example “attributed” or “unsigned”), the guarantee applies only to that extent.

(2) The guarantee applies for 3 years from receipt. If within this period the buyer proves, by a written opinion of the author of the catalogue raisonné, the artist or the estate, or a publicly appointed and sworn expert, that the attribution is incorrect, the seller takes the work back. He refunds the full purchase price and the reasonable cost of the opinion and pays for the return shipment.

(3) This requires that the work comes back in the condition in which it was delivered and free of third-party rights.

(4) The rights under § 8 remain unaffected.

§ 8 Description, condition and defects

(1) The works are used, many of them over 50 years old; signs of age are part of them. The description and photos in the offer are decisive for the condition. On request, the seller sends further photos and a condition report before the purchase.

(2) The seller warrants that the work matches the description in the offer: artist, title, year, technique, dimensions and the condition described.

(3) Beyond this, liability for material defects is excluded. This does not apply in the case of fraud (including fraudulent concealment), to the authenticity guarantee (§ 7) or to liability under § 9.

§ 9 Liability

(1) The seller is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.

(2) In the case of slight negligence, he is liable only if he breaches an essential contractual obligation, and only for the foreseeable, typical damage. Essential obligations are those whose fulfilment makes the contract possible in the first place and on which the buyer may rely.

§ 10 Export, sanctions, identity

(1) If exporting the work requires a licence (cultural goods), the seller applies for it. If it is refused, either party may withdraw from the contract; the seller refunds any payment in full.

(2) The seller does not sell to persons or bodies subject to EU sanctions, nor works over €300 for delivery to or use in Russia or Belarus. By accepting the offer, the buyer undertakes not to pass the work on to those countries.

(3) For a purchase price of €10,000 or more, the buyer shows a valid photo ID before shipping; companies also provide a register extract. The seller records only the type and date of the check and deletes any copy afterwards.

(4) If there are concrete indications of a breach of sanctions, money laundering or fraud before shipping, the seller may withdraw from the contract. He refunds any payment in full.

§ 11 Ownership, copyright, data protection

(1) The work remains the property of the seller until payment has been made in full.

(2) The buyer acquires ownership of the work, not the copyright. The buyer may exhibit the work; reproductions for other purposes require the consent of the rights holders.

(3) After the sale, Artloved may continue to show the work as “sold”, with photo, description and provenance, without the buyer's name.

(4) To handle the purchase, the seller processes name, address, email address, payment and shipping details (Art. 6(1)(b) GDPR). Details are in the privacy policy on artloved.com.

§ 12 Law and language

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The German text is binding; the English version is for information.