Terms of sale

This page is a skeleton. Selling art to private buyers in Germany and the EU brings distance-selling duties, a statutory right of withdrawal, and warranty rules that must be stated accurately. Have these drafted or reviewed by a lawyer before publication.

Contracting party

to be completed — the selling entity, matching the imprint.

Conclusion of contract

to be completed — how an enquiry becomes an offer and when a contract comes into being. On this site works are sold on enquiry rather than by an order button, which changes the analysis.

Prices and payment

to be completed — currency, VAT treatment, and whether the margin scheme for works of art applies.

Right of withdrawal

to be completed — the statutory withdrawal notice and model withdrawal form for consumers, in the prescribed wording.

Delivery, transfer of risk and insurance

to be completed — shipping, packing, transit insurance and when risk passes.

Editions, condition and warranty

to be completed — what is warranted about edition size, numbering, authorship and condition, and the statutory warranty period.

Provenance and due diligence

to be completed — identity checks and record keeping under the German Money Laundering Act, which applies to art dealers and intermediaries above the statutory thresholds.