Terms & Conditions

1. 1. These terms and conditions apply to the use of the website www.avrianart.gallery ("platform"), which is operated by Avrian Art Gallery GmbH ("operator") and connects art lovers internationally.

   2. Among other things, the platform enables registered users ("users") to conclude contracts for purchasing and selling works of art in their own name. At no time does the operator become a party to the purchase contract between the users. The users are solely responsible for the legally valid conclusion and the contractually compliant processing, and the fulfillment of the contracts concluded among themselves. The operator assumes no responsibility in this regard and is not liable for breach of contract between users.

   3. These General Terms and Conditions regulate the contractual relationship between the operator and the user. Deviating contractual conditions of the users do not apply.

   4. The operator is entitled to change these terms and conditions at any time. In this case, registered users will be informed in advance. The new terms and conditions usually come into force one month after publication. If the user does not agree with the content of the new terms and conditions, he may no longer use the services of the platform when the new terms and conditions come into force, and the operator is entitled to block the user account of the concerned user and delete it irretrievably (including all content contained therein).

   5. For non-registered users of the platform ("visitors"), these General Terms and Conditions apply accordingly. They can use the freely accessible part of the platform by acknowledging the valid General Terms and Conditions. Registration is required to use the paid services.

   6. The current terms and conditions can be accessed at General Terms & Conditions. The current privacy policy can be accessed at Privacy Policy.

1. 1. The purchase and sale of works of art requires prior registration.

   2. Any user can apply for registration with the operator. The operator is entitled to examine the application and finally decide on the conclusion of the contract. This can be done through automated processes. A rejection of the application is at the discretion of the operator. In particular, the user has no legal entitlement to approval, justification for rejection, or re-examination.

   3. The contract between the operator and the user comes into effect when the operator accepts the registration application.

   4. Only one user account is permitted per user. In addition to his personal data, the user can also enter his works, products, and services in the user account and present and offer them on the platform. This can be done anonymously to other users.

   5. Each party can terminate the contract of use in text form without notice. At the end of the contract, the right to use the platform and the user account expires, and financial obligations become due immediately. In particular, the operator reserves the right to discontinue or change the platform anytime.

   6. The user's data will be deleted upon termination unless statutory storage and proof obligations exist.

   7. If the operator has indications that a user has violated legal regulations, it is entitled to restrict or cancel the user's ability to use the website and the user account and to block or delete content that violates the law. Violations by users may be prosecuted under civil or criminal law. In this case, the operator reserves all rights and claims against the offending user.

1. 1. The user undertakes to use the platform in accordance with the GTC and applicable law.

   2. The user agrees to,

• • • before every transaction, i.e., every purchase and sale of works of art, to check and update his stored data that is necessary for identification;

    • ensure that he has the necessary rights for the content uploaded and works offered via his user account on the platform, and these do not (i) violate the rights of third parties (in particular, property, intellectual property, and personal rights), (ii) contrary to good morals and/or (iii) are not violent, pornographic, fraudulent, discriminatory, defamatory, or in any way illegal;

    • ensure that his user account is not accessible to third parties. If the user has doubts about the confidentiality of his user account, he is obliged to notify the operator;

    • not to sell his works multiple times
      
      
      

    • Newly uploaded works are to be offered exclusively on the platform for the period until they are sold, but up to a maximum of 12 months from the date of their first publication on the platform, and may not be sold elsewhere during this period.

3. The user will not commit any criminal offenses via the platform, including any crimes of honor and offenses against the personal freedom of other users.

1. 1. Unless otherwise agreed between the parties, the operator's price list published on the platform applies. The operator may adjust the prices to the current market and price developments. Unless otherwise indicated, these prices are final prices.

   2. The operator's claim to commission arises when the user concludes a purchase contract. The parties to the purchase contract are obliged to transmit the purchase price to the operator truthfully, and the commission is to be paid by the buyer.

   3. In the event of non-payment despite default, the operator is entitled, at its discretion, to block the user account until payment has been made. The user will not receive any compensation for this.

1. 1. The sales contract is concluded solely between the users of the platform. The operator does not become a contractual partner of the purchase contract.

   2. The platform users can negotiate the purchase price by specifying the respective asking price. The contract is concluded when both parties have indicated the same asking price and confirmed their intention to buy by clicking the "Buy/sell now" button. The purchase price negotiated in this way includes the operator's commission.

   3. The earlier mouse click represents the offer, the later mouse click represents the acceptance.

   4. Users commit to each transaction

• • • to provide the operator with truthful information about the transaction, i.e., in particular, the negotiated price. The final price also includes any VAT that may be due. Packaging and shipping costs are not included in this price;

    • to use the shipping and payment methods provided by the operator to process the contract.

    • The seller shall fill out and enclose an authenticity certificate with the work of art via the template of the platform.

5. The purchase price, including transport costs, is due immediately and must be paid to the operator. After a period of 2 weeks from receipt of the goods by the buyer, this will be paid to the artist after deduction of the operator's commission. The buyer bears the transport costs.

1. 1. All content accessible on the platform (text, image, video and audio data, graphics, program code, concepts, etc.) is legally protected, unless explicitly stated otherwise. The operator or third parties own all rights to this content. If third parties hold the rights, they have granted the operator corresponding rights of use.

   2. The operator grants the user the necessary rights of use for the contractual use of the platform for the duration of the contract, to the required extent and in the form of a non-exclusive, non-transferable, revocable, and personal license for the intended use.

   3. By submitting content to the platform, the user grants the operator a non-exclusive, unrestricted, irrevocable, transferable, sublicensable, and free right to use the respective content for the purpose of publication on the platform and on other online and offline media. In particular, the operator is entitled, but not obliged, to use, publish and, to the extent required for the aforementioned purposes, edit this content for the fulfillment of the contract as well as for marketing and communication purposes.

   4. Suppose the user or visitor does not have the corresponding intellectual property rights. In that case, copying, downloading, distributing, selling, renting, publishing, and saving platform content is not permitted without the explicit and prior consent of the operator.

   5. If the rights of third parties are violated, the user must refrain from infringing activities, even if there is only reasonable suspicion, at the operator's request. Otherwise, the operator is entitled to block the infringing content and the user account.

1. 1. The operator is not liable for the behavior of its users, especially if they infringe the rights of third parties or act in breach of trust towards other users.

   2. Insofar as the operator has suffered damage due to illegal or contractual behavior by the user, this must be replaced by the user concerned.

   3. The operator assumes no liability for the effectiveness or correctness of the forms made available for contract processing between users.

   4. The limitation of liability does not apply to intentional or grossly negligent breaches of duty or injury to life, body, or health.

   5. The operator does not guarantee that the website will be accessible at all times. The operator is not liable for technical failures.

The sum insured for the work of art is equal to the purchase price.

1. 1. A set-off by the user against counterclaims that are not recognized by the operator or have not been legally established is excluded.

   2. The user may not transfer any rights and obligations arising from the legal relationship between the user and the operator to third parties (including Customer Affiliates) without the operator's prior, express, and written consent.

   3. Should provisions of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions should nevertheless remain effective. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.

   4. Changes or additions to these GTC must be in writing. This also applies to the above written reservation. An electronic procedure provided by the operator is equivalent to this formal requirement.

1. 1. These General Terms and Conditions and the contractual relationships on which they are based are exclusively subject to German law, to the exclusion of conflict-of-law norms and the UN Sales Convention.

   2. The exclusive place of jurisdiction is the headquarters of the operator, unless mandatory law provides for another place of jurisdiction.

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an e-mail). You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

If you revoke this contract, we have to repay all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and, at the latest, within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may only refund once we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods to us or hand them over to us immediately and, in any case, no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

Please check here our Return & Refund Policy

Avrian Art Gallery GmbH

Mauerkircherstraße 11

81679 Munich

Germany

Email: hello@avrianart.gallery

Managing Director:

Charles Goettmann

Entry in the register court: district of Munich

HRB 279220

Sales tax identification number § 27a UStG

143/117/09926

Charles Goettmann is responsible for the editorial content of the website.

The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/

We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.