Terms and conditions of artistsauctions

Owner and operator of this website is Halina Szalc Kurfürstenstr.31 - D-53115 Bonn.

§ 01 → Basic informations to online auctions at artistsauctions.

The company artistsauctions provides the service platform artistsauctions.de for artists auctions as surface and market place for interested and registered users for sales against highest bid and is not party to the sales contract. There are no contracts whatsoever with the owner of artistsauctions platform. This is solely a matter between the seller and buyer! The correct execution of the contract is exclusively the responsibility of these two parties and is not controlled by the auction operators of artistsauctions. Artistsauctions has no influence on the quality, safety and legality of the articles offered, on the truth and accuracy of the offers or the right of sellers to sell the items offered, as well the ability of buyers to buy them. Each seller is responsible for his offers.

The company artistsauctions and thus also the auction platform artistsauctions.de assumes no liability for the auctions or bids, for the smooth execution of the purchase contracts, as well as for all information of the users, also concerning their identity and their address. Before shipping goods or paying funds, the user must verify the identity of the partner. The purchase itself is exclusively concluded between the users directly. All agreements regarding a warranty, damages and other contract handling such as shipping, terms of payment, etc., are to be made directly between the parties themselves. From the respective seller are accordingly required notices in the offers, clear and understandable for the buyer. We also strongly recommend this to offer the interested parties a purchase security: for Example Treuhand. In general, all sellers at artistsauctions are directly and independently responsible for the delivery of sold articles according to the respective legal provisions.

artistsauctions assumes no responsibility if offers or bids can not be processed due to technical problems. No warranty is made for the system clock, so the auction period and the end of an auction may be extended or shortened. artistsauctions reserves the right to change the website at any time and without giving reasons or to discontinue this service entirely or partially. For damages, which members or third parties could develop due to the unavailability of the web pages or for other reasons, no liability is assumed. This means that the services of artistsauctions and the auction platform artistsauctions are granted without any guarantee or assurance, also in terms of the availability and quality of the website, as well as in the course of execution.

Attention! Each member commits itself with his registration for the acknowledgment of the terms and conditions of artistsauctions as well as with his actions on the auction platform according to these terms and conditions. The user agrees also expressly, to follow in his actions the Specifications of the Terms as well as the generally valid laws. In the case of any violations of the law by users, the company artistsauctions is obligated and entitled to transfer the registration data to the investigating authorities.

§ 02 → Registration and Privacy

By registering as a member and user of the auction platform artistsauctions, the new member agrees to the terms and conditions and is bound by them. It is not possible to register without the consent of the terms and conditions. A claim for registration and use does not exist. Registration is free of charge. The seller logs in with a username and password, and he gives his email address, full name, telephone number and his address at artistsauctions platform. The buyer logs in with a username, password and email address. After logging in, the seller can put his item on the platform and the buyer can buy an item at the highest bid. The user name may not be a mail or web address, violate any trademark or naming rights and may not offend against common decency. The user account is not transferable, as well as abusive ownership of multiple user accounts is prohibited. In case of violation, we reserve the banishment from the Platform artistsauctions, even in case of false personal information.

Privacy at artistsauctions is a special concern to us. The data protection is based on European and generally applicable relevant legislation. All personal data provided by the users during registration are used with their consent and only for the administrative purposes of the operating company artistsauctions in connection with the registration at artistsauctions. The user data will only be passed on to third parties on the basis of legal requirements, if it is necessary for the purpose of contract execution between the members, or in case of loss of the sellers address by the buyer. The transfer of personal data by artistauctions to third parties for advertising purposes or the like does not take place. By agreeing to these Terms and Conditions, Members expressly agree to our privacy policy.

By registering with artistsauctions, the user assures that he is at least 18 years old and legally competent to sell or to buy works of art. Thus, the user assures that he is entitled to purchase the unlocked offers in the auction platform artistsauctions or to offer works of art. However, there is no entitlement to purchase and use. Every registered user can be blocked or excluded by artistsauctions, for example in the case of violations of these terms and conditions as well as generally applicable law. Sellers will also be banned for counterfeit information on the item and due to wrong specification of category. By participating in the auctions, either by posting articles or by bidding on foreign auctions, the user expressly agrees to these terms and conditions and all conditions and guidelines listed therein. Furthermore, the user undertakes to behave correctly in his actions and activities on this auction platform artistsauctions and to comply with the applicable laws.

§ 03 → Fee and cost calculation at artistsauctions

Access to the auction platform artistsauctions.de is available free of charge. No fees will be charged for registering as a member, service and administration of the membership. Likewise the bidding of all offered articles is free of charge. This means that the buyer will not be charged any fees for the use and correct completion of auctions via the platform by the auction house artistsauctions. The seller will be charged fees for posting items on the artistsauctions platform. The costs for the hiring fees selected by the provider are based on the currently valid fee and cost overview. There will be no flat-rate service fee, and no percentage graduation fee charged if the item offered has been successfully and legally sold. A detailed fee schedule can be found, clearly arranged and always up-to-date, in the fee table. In addition, 1, - Euro will be charged per photo. In case of in many countries statutory 14-day right of withdrawal by the buyer, without reason for complaint of the seller, the already paid fees will be not refunded. The same applies to other cases in which the purchase contract is reversed. The auction costs (the hiring fees plus fees for photos) are due in full and payable immediately after posting the offer on the artistsauctions platform and after receiving an email with the artistauctions account details. At the latest three days after receipt of payment on the artistauctions account, the auction will be activated for the selected object. For deposits, please always specify the item number and the username. The auction fees are to be paid by the seller even if it should not be possible to deliver the item offered after the auction ends, if the buyer of an auction does not accept the article acquired thereby or does not pay the agreed purchase price, so that the purchase can not be carried out. Fees once paid will not be refunded. For unsold articels and auctions that have been manually stopt by the seller prior to expiration, the seller will not be refunded the paid hiring fees. Invoices for the paid fees are issued only at the request of the user.

Invoice requests are to be made by e-mail stating the fees paid, date, amount, username, item number, and the name and address of the seller.

§ 04 → Use of the auction platform artistsauctions

Each article placed for auction must be classified in the appropriate category and described correctly and in detail. Essential features and flaws of the offered article that could reduce the value must be given truthfully. The direct article description may refer exclusively to the offered article. The vita of the artist and the description of the work of art or article must be presented in the recognizable detached parts. Auction offers with external advertising links or advertising notices as well as requests or offers to lead to other or competing websites are not permitted. All texts and advices for the auction offers on the auction platform artistsauctions must refer exclusively to the offer. They may not include any e-mail addresses, website notices, direct links, telephone numbers and references to your own or competing homepages.

Also, it is not allowed to use auctions and offers without or without a clear title or text for the article to be used for other purposes, e.g. as a placeholder. Furthermore, it is not permitted to offer or request the exchange of member data in an auction or in the description text. Also, offers of an intermediate sale as well as direct purchase or sales offers of any kind are not permitted in the description text and cause the deletion of the offers. Repeated GTC violations of this kind can also lead to the blocking of the respective member's account. Through the contact seller link, each logged-in buyer has the opportunity to ask the seller questions regarding the item offered. The questions and answers are not displayed publicly, the communication takes place exclusively between the buyer and the seller. The questions and also the answers must refer exclusively to the offered article. Furthermore, the exchange as well as the indication of member data is not allowed. Intermediate sales as well as direct purchase or sales offers of any kind are not permitted here and lead to the deletion of offers and blocking of the accounts of the member concerned. All questions and answers can be checked by artistsauctions and, if necessary, deleted in whole or in part in the event of misuse.

All articles, which offend against legal regulations or the good customs, may not be offered or sold. Even auction offers with tips, hints, direct or indirect snowball systems as well as general auction offers, which can not be regarded as art objects, are not permitted. Likewise are not allowed: Offers with explosives, ammunition or weapons of any kind, also no articles with propaganda of unconstitutional organizations, sedition, representation of violence or with incitement to racial hatred. Furthermore, no articles may be offered and sold that violate trademark and copyright laws, such as Pirated copies, duplications of any kind etc. The same applies to pictures, photographs or the like for which the seller has no rights of use, even here for those who violate legal regulations or public morals. Likewise, it is not allowed to perform any kind of gambling or to make auction offers lucky or profit dependent.

The auction platform artistsauctions has an integrated and currently largely automated auction of articles. Via the link contact seller, the buyer can conduct a dialogue with the seller that is necessary for the transaction. When using the link contact seller, it must be ensured that this is intended solely for the purpose of selling the auction article.

§ 05 → Contract conclusion by highest bid

After the end of an auction, a sales contract is concluded between the seller and the buyer with the current highest bid according to the law of the respective country of residence of the seller, if no other law has been agreed between seller and buyer. Other conditions as well as tips worth knowing must be included in the item description for detailed information from the seller to all interested buyers. The seller agrees to sell the goods to the highest bidder as offered in the item description. Likewise, the buyer undertakes, in the case of a surcharge at his highest bid for the purchase and payment of the purchased goods, according to the item description. We recommend in all inherited and transmitted data as well as their representation to control errors, because the auction house can not take over any guarantee for possibly incorrect representations. Seller and buyer regulate the subsequent processing, the payment as well as the dispatch among themselves. All necessary data for a purchase can ask the buyer before his first bid on an article at the seller through the link contact seller. In case of a purchase of the article in the auction, both parties will be notified by artistsauctions by e-mail after the end of the auction. Non-auctioned items are removed immediately by the artistsauctions platform and the seller will be notified by artistsauctions about the absence of bids for the article. To stop the auction is possibly, when the seller remove his article from the artistauctions platform by simply "deleting" his article. Due to legal regulations in some countries of residence there is the possibility of a right of withdrawal of a closed purchase contract after the successful completion of the auction. All aborted transactions after the end of the auction and any problems arising will be settled directly between the seller and the bidder.

We point out once again that business transactions on the Internet always carry certain risks. For the correctness of the information in all auctions and offers we assume no warranty. Therefore, contact the seller or buyer prior to transferring the money or before shipping the items sold, by e-mail, telephone or in person, for your own safety. On prepayment and safety concerns to the seller, we recommend a delivery by cash on delivery or the purchase through a trustee service.

For particularly serious violations, such as unsuccessful complaints, may lead to the blocking and expulsion of the member concerned.

The terms of use for this auction platform artistsauctions listed in the terms and conditions can be changed by the operating company artistsauctions at any time, even without giving reasons. Should this be the case, a two-week advance notice will announce the entry into force of new terms of use, the corresponding requirement and the making of changes on the artistsauctions Platform website.

The member's consent to a required change is required. Changes will be considered accepted if the existing members do not submit notice of cancellation before posting a new article to artistsauctions and by accepting terms and conditions of the auction platform artistsauctions when registering and logging in new users.

§ 06 → Exemption of claims and exclusion of liability

Each user of the artistsauctions platform exempts the operating company artistsauctions from all claims asserted by other users, or third parties, against artistsauctions regarding the infringement of their rights or legal violations based on the offers and contents submitted by the user to the artistsauctions platform. In this regard, the user alone assumes all resulting costs of a necessary legal defense and all resulting court and legal fees.

Furthermore, artistauctions assumes no liability or responsibility for the content of the pages entered. The same applies to all links, which are on the pages of artistsauctions and lead to further offers. Also, no liability for any damage occurring through the use of the artistsauctions platform, or their unavailability, for whatever reason, taken over.

§ 07 → Termination of membership in artistsauctions

Each registered member, ie user of artistsauctions can cancel his membership at any time by withdrawing his registration. In the case of a termination of the membership, however, a deletion of the user account can take place at the earliest 90 days after the last action taken and can only be done by artistauctions. Artistsauctions also reserves the right to send a written warning to any member in the event of a breach of the terms of use or against legal regulations, against rights of third parties, or for reasons which are not justified. Artistsauctions also reserves the right to withdraw the application or suspend ongoing auctions against maximum bid temporarily or indefinitely, or terminate them altogether. Furthermore, artistauctions is entitled to use information which members have deposited on the artistsauctions website within the meaning of § 2 or to remove it at any time.

§ 08 → General and Jurisdiction

If there are provisions in these Terms and Conditions that are not legally valid, in whole or in part or because of different, country-specific legislation, these do not affect all other provisions. Furthermore, these do not affect the validity of these terms and conditions not altogether. The place of jurisdiction for all disputes with artistsauctions is the headquarters of the company artistsauctions. All legal relationships between artistsauctions and the users are subject to German law.

We have no links to other sites on our website artistsauctions on the internet. For all other links, which were deposited by the users on the Platform artistsauctions on their own applies: artistsauctions expressly declares that we have no influence on the design and content of the linked pages. Therefore we dissociate ourselves hereby expressly from all contents of all linked sides on our homepage and make ourselves these contents NOT own. If you are a victim of a "dialer trap", we can not be held responsible for it or even for compensation. If such a case occurs, we ask you to inform us immediately, so that we can delete this link immediately, or block this user of our platform. Using the programs and tools are at your own risk. If you have problems with the software please contact us. If anyone considers this information page as legally questionable, we hereby ask him to inform us immediately for the purpose of the fastest possible correction.