Terms & Conditions

Updated: 7 October 2022.

By submitting your artwork via the official submission form to Art Auction 9 Open Call you agree to the following terms and conditions: 

§ 1 CONDITIONAL BUSINESS

The open call is open to artists based in Germany only. The artist and Weserhalle enter into a contract of sale subject to a condition precedent for the works of art selected by them. The condition precedent is the resale of the artwork by Weserhalle (third party sale) throughout the duration of the Art Auction from date 03/12/21 Explanation: “Condition precedent” means that the purchase between you and Weserhalle will be once we have sold your work of art. Until then it remains the artist’s property. Weserhalle takes 50% of the purchase price as commission.

§ 2 SUBMITTING ARTWORK 

The artist guarantees that the information that you have entered in the submission form is correct to the best of your knowledge. If the work is chosen based on wrongly submitted information in the submission form Weserhalle has the right to reject the work for the auction. 

§ 3 OBLIGATIONS OF THE ARTIST

The artist warrants to Weserhalle that the work of art is free of material defects. In particular, the artist shall ensure that the artist is the unrestricted owner of the work of art, that the artist is the producer of the work of art and that the work of art does not violate any rights of third parties (e.g. copyrights, personal rights). The artist shall be liable to Weserhalle in accordance with the statutory provisions of the law on the sale of goods.

The artist shall provide Weserhalle with a complete and accurate description of the essential characteristics of the commissioned goods for the sale. This is at least information on: Author, title, year, technique, dimensions, signature, dating as well as other designations and numbering (in the case of editioned objects). 

In case of the work being a print, work on paper or any other material that needs framing for correct presentation, it is the responsibility of the artist to take care of the framing. The costs for framing are carried by the artist.

§ 4 TRANSPORT  

Once the work is chosen the artist is responsible for the delivery (execution, costs and risk) to Weserhalle until an agreed upon date before the start of the auction. Any assumption of the costs of delivery by Weserhalle does not release the artist from the artist’s responsibility for the delivery. The commissioned goods shall remain the property of the artist even after delivery (until sold by Weserhalle  in accordance with the terms and conditions). Weserhalle will store the commissioned goods carefully and marked as third party property and protect them from damage and loss.

Weserhalle will insure the works for the duration of the auction and the physical presentation in the space. The artist is responsible to pick up the work at least 5 business days after the auction has finished if not agreed upon differently. If the artist fails to pick up the work in the agreed upon time Weserhalle remains the rights to organise transport to the studio. The artist will carry the costs for this delivery. 

§ 5  GRANTING OF RIGHTS

The artist hereby grants Weserhalle the right to produce at its own expense images of the works in digital as well as in physical form and to use them for the purpose of promoting the artist, their work works and Weserhalle on all outlets (social media networks, website, posters, flyers, catalogue, flyers etc.) 

§ 6 PRESENTATION OF ARTWORKS 

The artworks will be presented and put up for auction during the duration of the Art Auction 03/12/21 on the website of Weserhalle. There will be a physical presentation in the space of Weserhalle. It is not ensured that the work will be visible physically throughout the entire duration of the auction but only during a partial time. There will be a social media presentation of all work included. It is not ensured that the work will remain visible on these platform once the auction has concluded. 

The description of the artwork will be based on the information provided by the artist (see § 3). Weserhalle may suspend the presentation of the respective artwork if it does not fulfill the information given in the submission form or is not free of material defects (see § 1 and § 3). The artist shall provide Weserhalle with information about them (and, if applicable, photographic material) for the purpose of publishing a short portrait. The parties shall create the short portrait by mutual agreement. It serves the purpose of advertising. 

The artist needs to deliver all material (framing, pedestal, etc.) to present the artwork in the physical space in a timely manner. This also includes framing in case the submitted work is a print, work on paper or something similar. (See § 3)

The works will be insured by Weserhalle for the duration of the auction (See § 4) 

 § 7 PRICE DETERMINATION AND SALES 

The artist has to state an estimated value and a starting bid in the submission form. The starting bid can be renegotiated by Weserhalle. 

The purchase price results from the highest bidding price of the auction. The purchase price does not include transport to the client and does not include VAT. Weserhalle gets 50% of the final purchase price as commission (See § 1) 

In case the work is not sold throughout the auction Weserhalle is allowed to offer it to clients for the estimated value price for an additional 8 weeks after the auction.