Terms & Conditions

By submitting your artwork via the submission form ‘Weserhalle: Open Call’ you agree to the following terms and conditions.

§1 CONDITIONAL BUSINESS

Each artist is allowed to submit a maximum of one artwork. 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. Explanation: A “condition precedent” means that the purchase between you and Weserhalle will only occur once we have sold your work of art. Until then, it remains the artist’s property.

§2 SUBMITTING ARTWORK

The artist guarantees that the information entered in the submission form is correct to the best of their knowledge. If the work is chosen based on incorrectly submitted information in the submission form, Weserhalle has the right to reject the work for the auction. To complete the application process, a fee of €5 is required.

§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 they are the unrestricted owner of the work of art, 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 sale. This information should include the author, title, year, technique, dimensions, signature, dating, as well as other designations and numbering (in the case of editioned objects).

If the work is 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 to be borne by the artist.

§4 TRANSPORT

Selected artists are responsible for the delivery (execution, costs, and risk) to Weserhalle, located at Weserstraße 46, Berlin 12045, until June 17th. Any assumption of the costs of delivery by Weserhalle does not release the artist from their 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, 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 for picking up the work at least 5 business days after the auction has finished. If the artist fails to do so in the agreed-upon time, Weserhalle reserves the right to organize transport to the studio, with the artist bearing 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 physical form and to use them for the purpose of promoting the artist, their works, and Weserhalle on all outlets, including social media networks, the website, posters, flyers, catalog, etc.

§6 PRESENTATION OF ARTWORKS

The artworks will be presented and put up for auction on the Weserhalle website during the duration of the auction. There will also be a physical presentation in the space of Weserhalle. It is not guaranteed 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, but it is not guaranteed that the work will remain visible on these platforms 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 themselves (and, if applicable, photographic material) for the purpose of publishing a short portrait. The parties shall create the short portrait by mutual agreement, serving 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 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 must 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 receives 50% of the final purchase price as commission (See §1).

If the work is not sold during the auction, Weserhalle is permitted to offer it to clients for the estimated value price for an additional 8 weeks after the auction. If Weserhalle chooses not to offer the work for an additional period, or once this period has ended without a sale, the artist is responsible for arranging the collection of the work from Weserhalle.