General Terms and conditions (GTC)
General Terms and conditions (GTC)
1.1 In principle, this website serves exclusively as a free platform for the information of art collectors, artists and cultural institutions through ArtExpert, ArtExpert I Network. ArtExpertI Network is a volunteering information and administration system to inform independently collectors, artists, gallerists and all those who are involved in the artmarket; the system supports as well its contributors and involved clients. The Website does not constitute an offer in a legal sense. These GTC are binding to regulate the framework conditions between the Webuser and ArtExpert, its experts, all authorized contributors and volunteers and the terms and conditions are binding for agreements made in the case of an order. These also apply in particular to fiduciary agreements and any kind of brokerage agreement.
1.1 The use of web information is free. A usable scope of services includes consultancy, concepts, documentation, own investigations and cooperations in the field of art history, archeology and architecture, as well as related tasks (for example art management, private wealth management, foundation consultancy, marketing, journalism). Information and offers on this website are non-binding. Services do not require a written order, but will be realized basically with the claim of written, verbal or other media information to ArtExpertI Network (in the following also ArtExpert). ArtExpert reserves the right to change specifications without prior notice for the future. In this case the client has the right for the future to terminate the contract; Processes already in progress must then be billed immediately according to the old version. Both parties agree to settle withinin a period of 4 weeks. Thereafter, the changed new conditions are accepted; this also applies to tacit toleration. The user must inform before contacting, corresponding information can be requested additionally. The new terms supersede any previous posting or statement of our GTC relating to this site . We encourage you for periodically review our website to understand the current terms and changes that have been made to you. By using this website for the first time, you agree to be bound by such changes. ArtExpert commits to indicate the date of a change regularly following this text. By using our website or using our services in any way or through for third parties, you acknowledge that you have read and understood our Terms and Conditions, and that you are bound by them to the exclusion of all other conditions. If the site contains offers, the acceptance is expressly limited to these conditions. Unless you agree to all terms and conditions of this agreement, you have no right to use or further claim the services and other services of ArtExpert I Network and its experts
2. Costs, Fees and Expenses
The use of services (for example, advice, expert opinions) is made only on the basis of costs, fee and expenses. In individual cases, additionally a percentage fee of the value or turnover between the parties may be agreedby written contract. Experts of ArtExpert I Network at their discretion will perform the services. ArtExpert provides only the necessary communication platform as a contact frame free of charge. Billing always takes place only as a forwarded claim of the expert (s) or directly through the latter. However, invoices can also be created as an integral part of ArtExpert cost accounting without specification. The fee of an expert for a personal, telephonic or email-based initial consultancy (without the need to travel) until 2 hours is at least EUR 250, -, each additional hour 120 EUR; all amounts net plus costs. In case of domestic bills, the applicable statutory VAT will be charged. For this remuneration, a first oral assessment of the presented problem can and will be given. Particularly responsible work, measured by the expenditure or the value or value creation, as well as consultancy in a transnational context are calculated with a higher, individual rate. For necessary travel, a basic fee is agreed only on the basis of daily rates. Expert appraisals, research, reports and documentation will be charged according to time. In case of research, to determine an unsafe or hitherto unknown work of art, a surcharge is agreed, which shall be determined individually. For complex issues and difficult meeting effort, written letter can agree a fee. In any case, travel expenses of the expert for round trip (flat rate per distance kilometer EUR 0.50, or by arrangement), hotel accommodation (with proof, alternatively flat rate EUR 180 / person / night) hast o be paid by the client. Additional services by assistants will be charged separately per hour with EUR 75. As far as trainees are involved, all internal costs are by ArtExpert or the experts themselves. Simple photographic works (digital) for documentation are included in the fee. Materials are calculated according to actual costs incurred. If necessary, studio recordings are charged, plus necessary data processing at cost. Other services are flat rate. Forensic investigations with scientific methods will be made according to current fee and cost rates, which can be requested in advance. If it will be necessary to proof client’s desired idea, ArteExpert I Network hast he right to ask the opinion for an authentication of an external expert who has a so-called sovereign opinion. Costs have to paid or refund directly without extra-charge with.
3. Rights and Obligations
3.1. The user or client undertakes not to make false or misleading statements about his person and in particular not to register under a false identity.
In case of non-compliance, he assumes full liability for any consequences.
3.2 ArtExpert I Network and its involved experts are not bound by instructions and are personally obliged to provide information to the client in the context of a personal client relationship. Other regulations will require an additional written agreement. All services are only for the personal information of the client. The statements are statements de lege artis and best belief and are based on the prevailing state of knowledge and science at the time of processing. Overall, they reflect the opinion of the respective author. They are no guarantees in a legal sense. The same applies to status reports and other information in an oral or written form.
3.3. ArtExpert I Network and the expert as contractor –side does not rule out that other experts may come to different conclusions. The client accepts that neither ArtExpert nor its experts and freelancers are obliged to discuss the statement with the client or third party after submission of the statement. Insofar as information is to be provided within the scope of desired or sovereign inquiries, the client undertakes to bear any costs incurred for this purpose. For certificates, confirmations or oral statements of third parties (artists, estate administrators, respective experts, collectors, dealers) the exhibitors are liable independently, insofar as reference is made to them. The state of preservation is not mentioned consistently in texts, so that missing information also does not constitute a conditional agreement.
4. Storage and Liability
4.1 The transfer and the whereabouts of works of art, antiques and documents is only at the discretion of the client upon request. Delivery and provision are always at the expense and risk of the client, unless otherwise expressly agreed in writing.
4.2 ArtExpert is entitled to independently store art in depots or restoration studios; for each work of art and day with a stated value of up to EUR 100,000, at least EUR 5 net are agreed. If a higher value is claimed by the client or proven by ArtExpert, the amount increases pro rata, but only up to a maximum of 2.5% of the claimed or proven value per annum. In case of a claimed or proven insignificant value, a monthly flat rate can be agreed, from 30 EUR net up per artwork. Insurance fee under existing collective insurance policies may but must not be included. I all other cases the client is responsible to hold himself an all risks insurance. This also applies to any necessary additional security arrangements. In no case ArtExpert, experts resp. authorized employees will be responsible in the absence of intentional liability despite proper storage; this applies in particular to any kind of loss.
4.3 Unless otherwise agreed and proven before the event of damage, both parties agree that only the material value shall be considered in case of loss or damage. Upon termination of the contractual relationship or in case of non-fulfillment of the contract by the client, the contractor is released from a duty to keep records and assumes no liability except in the case of intent. Insofar as a liability should be determined, it is agreed that the sum of liability is limited to a maximum of the value determined in advance after written expert examination and submission of the original documents. Insofar as the client should claim further liability, in particular a specific value, this remains reserved for an individual written framework agreement or an additional written individual agreement. In any case, the client is subject to proof in relation to the claimed value. Insofar as further costs arise in the course of storage (for example, special security preparations, transport, insurance), these have to be paid by the client in the course of normal business transactions or in the amount of the proven costs. ArtExpert I Network reserves the right, however, to refuse such an order, if a transfer of liability is desired.
4.4. The client declares that he has the legal ownership of the delivered items. Insofar as the client acts as a trustee or vicarious agent, he assumes joint and several liabilities with his trustor or client. Insofar as claims of third parties should exist, these have completely be declared when the order is placed. An omission or untrue information must be borne by the client. ArtExpert I Network and the expert as contractor side or any ivolved third party of ArtExpert is released from any obligations resulting from missing or untrue information. Until the settlement of all claims, a right of retention of the contractor is expressly considered assured and agreed between the parties. In the case of a reciprocal obligation arising from a reciprocal contract, the plea of the unfounded contract shall be valid until the lawful settlement. This applies to all variants of a joint contractual agreement and amicable additions.
4.5 In case of late payment by the client, interest amounting is due to 1% of the total amount per month. In addition, in this case, compensation of 0.4% / month of the value declared by the Client and / or its agents will be charged for the storage of ArtExpert or at a third party place may be charged. Alternatively, ArtExpert may claim compensation for outstanding claims after 30 days beyond the payment period for non-fulfillment oft he contract. Accordingly, the client or his representative confirms that all objects and documents handed over to ArtExpert I Network or to experts or employers involved in the processing will be collateral for the right of all costs, fees and expenses (travel expenses, storage costs, external fees and expenses and any other amount), which ArtExpert or its vicarious agents are entitled to serve, with the consequence that access to it can be denied until the complete payment has been received. The client also acknowledges that this security may result also to the loss of ownership of his claimed property. Insofar as the client does not indicate the readiness and possibility for compensation of the claim, ArtExpert is entitled at the place of objects at least after 90 days, to sell freehand or alternatively via auction all items for the amount of the declared value, insofar as it is congruent with the current common and documented value. The highest bid will be asumed within an offer period of 14 days. If a value is neither confirmed by the contractor nor proven beyond any doubt by the client or third party until the moment of sale, the price deviates only from the material value, as far as no higher price can be achieved locally. Alternatively, the contractor may assign his claims to a third party against the transfer of the artworks with all rights and obligations. The customer expressly waives the objection to the aforementioned agreements in a manner analogous to the Civil Code at the clients domicile. The defaulting client is responsible for a reduction in revenue and the costs of this procedure, a surplus will be refunded.
5. Foundation Consultancy
5.1 Advice for foundations, founders, donors and benefactors is exclusively based on the valid national foundation law.
5.2 Consultancy and services in the field of foundation and support of foundations by the experts of ArtExpert is subject to a fee. For general advice on donations and donations to charitable foundations, a fee and cost claim arises. Also in the case of support by ArtExpert free of charge activities, the present General Terms and Conditions have to be recognized by the client. In case of advising donors and benefactors for donations to charitable foundations, remuneration and costs may be waived in individual cases. Any other service outside actual contributions is subject to a charge.
6. Fine Art Brokerage
6.1 The negotiation of high-quality art and collections in context of so-called goodwill will be done exclusively as a consulting service against fee claim and reimbursement of all necessary costs. ArtExpert and experts will not act as dealer.
6.2. ArtExpert provides advice for all placement orders. Insofar as the authenticity is confirmed, this is based on the submission of documents from third party. ArtExpert may undertake in individual cases the verification of the seller information and can do professional examination of the object in context of client’s instruction. The liability for obviously deficient own statements of authorship at the time of negotiation is taken up to the amount of claimed fees. Any further liability of ArtExpert is expressly excluded. In addition, the owner of the artwork in question has to compensate the client of ArtExpert for obviously incorrect authenticition information at the time of the negotiation by providing refund or reduction of the purchase price. In case of obviously own fault by ArtExpert in a justified and unquestioning case, ArtExpert will advise and support the settlement between seller and buyer free of charge, without any legal claim. An incorrect statement of authenification is presumed if at least two recognized experts for the oeuvre can provide scientific proof by written appraisal that the offered artist does not descend the artwork in question. ArtExpert is not liable, however, if information about authorship was in line with the general state of knowledge at the time of purchase, no other facts had to be known on that deadline and dissenting lectures merely reflect the opinion of third parties.
6.3 ArtExpert is entitled to a flat-rate claim to the time expended, but at least a fee equal to 20% of the sales value - payable to ArtExpert resp. the authoritative underwriter. From this regulation can be deviated only by written agreement.
6.4 Unless otherwise agreed, the purchaser shall likewise be entitled to compensation on the basis of time and costs for services, which have led to the conclusion of a contract. A flat rate of 10% of the purchase price is at least accepted by the client in question.
6.5 The remuneration must be summarily settled with at least 30% of the claim, if by the contracting party, e.g. also in the capacity as trustor, an execution of the mediation is prevented or in fact suppressed. In written agreement both parties can deviate from this lump sum.
6.6 There are no claims for compensation in case of direct offers from ArtExpert and in case of general inquiries by the client. However, expenses incurred as a result of the necessary processing of a specific request are generally subject to a fee within the framework of the present fee and cost rates. However, a corresponding calculation is not required if a placement order is fulfilled or can be counted.
6.7 If ArtExpert makes a buy / sell recommendation, the offer will be sent or communicated to the client or his representative only on the condition that the source and client protection is equally guaranteed by both the provider and the addressee. Disclosure of offers and / or further action to the exclusion or circumvention of ArtExpert, as an intermediary is not permitted. In case of a breach of this provision, the party breaching the contract waives the plea and assures compensation at first request of 50% above the respective remuneration claim, but at least in the amount of 20% of the offered value, unless nothing else is agreed within written contract. This regulation also applies to all follow-up matters in the period up to 5 years after
the first claim became known. In this respect, the party breaching the contract undertakes irrevocably, in analogy to the Civil Code, to make immediate payment without objection to the preliminary proceedings.
6.8 ArtExpert is authorized, but not obliged, to act on behalf of the Buyer and / or Seller by the respective authorized employee or underwriter and to accept and forward funds. For this activity and the maintenance of fiduciary accounts, the ordering party will be charged in each case with a fee of 0.5% of the pending amount, but at least EUR 150.
6.9 ArtExpert is entitled to use the advice and support of lawyers and notaries. As a rule, costs incurred for this situation are not charged further, as far as fees are paid immediately upon placement or proof of successful negotiation. In case of default of payment ArtExpert is entitled to claim such law costs aftera periode of 14 days. Claims can be assigned. For all information and details of the seller or the buyer they are liable independently. The respective underwriter of ArtExpert assumes responsibility for its own.
7. Achievements Art in construction, Design and Architecture
7.1. Services and compensation Services for conception, planning and design of art in construction and architecture are carried out in free artistic execution and in step-by-step consultancy with the client. Simple corrections and an additional draft by arrangement will not be charged additionally. Further variants are made by arrangement and are always chargeable. Deviating from the aforementioned ArtExpert fee regulation, the responsible executor, designer and/or engineer is entitled to apply the fee rules of the architects – at least analogous to the current fee regulations in Germany for architects and engineers (HOAI). Insofar as services in the area of conception, planning and design for art in architecture, design or construction take place, HOAI additionally forms the basis of the calculation in Germany; an overpayment does not take place.
The same applies to all other national and international activities, as far as no other fee regulations or written agreement exist.
Architectural services - also with the support of vicarious agents - carried out in-house exclusively analogous to the current fee structure in Germany for architects and engineers (HOAI) for the performance phases 1-3 HOAI; further services are provided by independent intermediaries or in cooperation independently by external providers (for example engineering offices).
An unauthorized use of information and data to third parties is not permitted and fully indemnifiable. In the case of an authorized exploitation of information on third parties, which are based in whole or in part on the services offered by ArtExpert, an additional fee of 10% applies, with media utilization of 20% of the proceeds or value of the utilization, but at least a 50% supplement to the total fee assumed already agreed by the client. In the case of unauthorized exploitation, regardless of legal remedies, the client will explicitly grant and pay a doubling of the remuneration.
It is agreed between the client and ArtExpert that ArtExpert and the respective designer or architect are released from any liability in case of nonintentional damage as a result of their comments; other claims are reserved in accordance with statutory provisions. All fees and expenses are subject to a covering advance payment at the beginning of the work, unless otherwise agreed. A non-timely receipt puts the client in default. ArtExpert is entitled in this case to discontinue the services and to pay compensation amounting to at least 35% of the agreed fee or the fee to be charged according to HOAI as compensation for the loss. For further provision of services, comprehensive instalment payments must be guaranteed. Payments are due and payable at the time of invoicing. The general terms and conditions of contract also have additional validity for individual regulations. If such an individual agreement is not feasible, since it is modified or impeded by the client, the services already provided will be governed in any case at least by the present fee and expense regulation; other claims remain reserved.
8. Publishing services
8.1 ArtExpert I Network provide through ist contributors, volunteers and third party specialists main publishing services for artists, collectors, gallerists, museums and art fairs.
8.2 Services include concept, writing, design and printing of books, catalogues and posters in cooperation with specialised partners at very reasonably prices.
8.3 In order to make serious offers, an offer fee will be charged, which is always refundable in case of an order to or via ArtExpert.
9. Copyrights and Data Protection
9.1 Contents of all offers are subject to the copyright of ArtExpert and the respective author. The contracting parties undertake to treat all exchanged data confidentially and not to make it accessible to third parties.
9.2 The European data protection laws apply in their current form. Absolute confidentiality between ArtExpert and client is agreed upon and guaranteed in the course of contact between the parties. Unauthorized disclosure of information to third parties by the client is not permitted and has legal consequences.
9.3 Confidential information for the purposes of the agreement shall include all technical and non-technical information, including undisclosed trade secrets, drawings, models, developments, know-how, software programs and correspondence relating to past, current or future services of the parties or persons or companies affiliated with the parties, in particular information relating to research, experimental work, design, financial information and communications from third parties, which are communicated orally or in writing to one party (receiving party) by the other party (communicating party), regardless of whether they are marked as confidential or not. The recipient party is obliged to keep the confidential information in a way that unauthorized access by third parties is excluded. The receiving party is obliged not to use confidential information for other purposes than the purpose of the contract without the prior written consent of the communicating party or to make it accessible to third parties. Any publication to the media requires the prior written consent of the respective other party.
9.4 Reproduction of the confidential information by the recipient party is only permitted if it is absolutely necessary for the purpose of the contract. In this case, the receiving party shall ensure that the confidential information continues to be identifiable as confidential documents after the reproduction and is treated as such. The duty to maintain confidentiality does not exist if, on the basis of official or statutory orders, a communication of the confidential information to third parties (in particular to courts) is ordered. The receiving party bears the burden of proof in advance that the above exemptions are or will be fulfilled.
9.5 In case of an administrative or statutory order, the receiving party is obliged to inform the communicating party of the order without undue delay before disclosing the confidential information and to take all necessary steps to prevent the disclosure of the confidential information in whole or in part. In the event of disclosure on a legal basis, the recipient party is also obliged to ensure that confidential information is only disclosed if absolutely necessary.
10. Information and return obligations
10.1. At the request of the notifying party, the receiving party is obliged to return or demonstrably destroy all written confidential information. Information on data files should be deleted if the data file cannot be returned. The return obligation extends to any copies. The recipient party has no right of retention with regard to this information.
10.2 All documents and materials, in particular documents, drawings, models, programs and data files, which were available by the receiving party shall remain the property of the notifying party. The receiving party does not acquire any rights to confidential information unless it is expressly agreed in writing.
11. Service promise
11.1 ArtExpert with all authorized independent experts and other employees provide services to the best of their knowledge and belief. The experts are independent in their decisions. In appraisals, consultations and placements, they represent their opinion according to the current state of knowledge. Information is not considered as assured property.
11.2 Insofar as a so-called attribution authority of third party exists in individual case, ArtExpert is entitled to take appropriate steps to obtain this opinion. The expert opinion of ArtExpert is not bound by instructions in judgment. Restrictions in the procedure by the client are at the expense of the latter and must be confirmed written.
11.3 Art historical appreciations and value assessments are made on the basis of factual representations. Adding, omitting or changing information can influence statements.
11.4 The experts and underwriters of ArtExpert personally assume liability for intentional actions with immediate damage. Further liability for direct or indirect damage is excluded. Services do not include independent legal or tax advisory activities. Insofar as art and tax law issues are touched upon, the matter is treated purely from the point of view of the art expert or cultural manager on the basis of legislation. If necessary and desired, the advise of specialized lawyers or tax consultants of ArtExpert network will be used, or ArtExpert can give advise to law and tax consultants of the client.
12. Basis for the conclusion of a contract
12.1 Opportunity to take notice of the General Terms and Conditions (GTC) is given by contacting via Internet and / or e-mail or by viewing a printout to the client. When contacting a user via Internet or by e-mail for the purpose of placing an order, the acknowledgment and acceptance of these Terms and Conditions is bindingly confirmed. In addition, the announcement of the website or email address on documents requires the opportunity to view the GTC. In all other cases, reading GTC as a printed matter can be requested before using any service. Management of ArtExpert I Network and its web information platform is generally voluntary. A business activity is only concluded with the authorized expert on the basis of the GTC in respective specific case. Acknowledgment of General Terms and Conditions (GTC) is absolutely assumed to be binding for the client in the case of any contact.
12.2 If any provision is wholly or partially invalid, both parties shall act within the meaning of this provision, the validity of the remaining GTC will be unaffected. Unless there is no other written agreement, these GTC are the basis of every commission to ArtExpert I Network.
13.1 ArtExpert was founded 1981 at the same time in Athens, Thessaloniki and Cologne as a network of art esxperts. Unless otherwise specified, ArtExpert's coordination office is in Thessaloniki. Jurisdiction is at the current location of ArtExpert’ contract or the involved expert, unless another place is agreed explicitly and by mutual agreement. International offices are, unless expressly agreed otherwise, independent representative and voluntary branches.
13.2 The legally underwriter is responsible.
14. General Copyright
14.1 All services are subject to the copyright of ArtExpert and the authors and may not be used without the written permission of ArtExpert.
14.2 Copyright for all contributions, designs, images and words are at ArtExpert I Network and the authors. ArtExpert, ArtExpert Network and artexpert.de are copyrighted word marks. All rights reserved.
14.3 Reprint, inclusion in online services and Internet and duplication on data files are only allowed with the prior written permission of ArtExpert.
14.4 External images are used exclusively in context of reporting or a mediation offer, the copyright remains with the authors. We apologize for wrong entries; if indicated, a correction will be made as soon as possible. A liability for this cannot be accepted.
14.5 The addresses included are recommendations for which no liability can be accepted. From the lack of certain addresses can not be concluded that the contact is not recommended. International and European laws protect the data collection.
14.6 All Persons named on this website hereby object to any commercial use and disclosure of their data.
15. Severability clause, Effectiveness
15.1 The General Terms and Conditions (GTC) serve to achieve the objective agreed between the client and ArtExpertI Network resp. the underwriter. Unless otherwise agreed, the function of ArtExpert is to provide expert advice. Works of art can be kept for a fee.
15.2 The contracting parties agree in addition: Should individual provisions of this contract be ineffective or unenforceable or become ineffective or impracticable after the conclusion of the contract, the validity of the remaining remainder of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
15.3 Offsets against claims of artexpert, artexpert I network can only be done with undisputed or legally established counterclaims.
15.4 Provisions of these GTC are ineffective if they unduly prejudice the contracting party.
16. Content of online offer, Disclaimer
16.1 ArtExpert has done all information on this website to the best of knowledge and belief. ArtExpert assumes no responsibility for the actuality, correctness, completeness or quality of the provided information. Liability claims against ArtExpert and its representatives, which refer to material or immaterial nature, caused by the use or non-use of the provided information or by the use of incorrect and incomplete information, are excluded in principle, unless a willful or grossly negligent is obviously. All offers are non-binding. ArtExpert expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice, or to discontinue publication temporarily or permanently. For this case the estimated user or client has to control a possible change of GTC before using the website or contacting ArtExpert I Network or contributors.
16.2. In case of direct or indirect references to external websites ("links"), which are beyond the scope of responsibility of ArtExpert, a liability obligation would only come into force when ArtExpert has demonstrably knowledge of the contents and it would be technically possible and reasonable, to prevent the use in case of illegal content. ArtExpert therefore expressly declares that at the time of linking the respective linked pages were free of illegal content. ArtExpert has no influence on the current and future design and content of the linked pages. Therefore, ArtExpert dissociates from all contents of all links and linked sites, which were changed after the link was setting. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or disuse of such information, the provider of the refered page will be liable, not ArtExpert.
Note: Last update on 2019-03-07 / pm
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