Terms Of Conditions - PARARTGON

1. Scope of application

1. PARARTGON (Isestraße 37, 20144 Hamburg, Germany) is the operator of the PARARTGON online mediation platform for artworks (hereinafter referred to as "company"). The following "general platform conditions'' apply to the free use of the platform and are directed to buyers and sellers of artworks. 

2. The company offers its services to any interested consumer (hereinafter referred to as "user”). The offered services differ between users offering artworks for sale (hereinafter referred to as "sellers”) and potential buyers of said artworks (hereinafter referred to as "buyers”).

3. The general platform conditions can be called up and printed out for the duration of the contract in the currently valid version at https://parartgon.com/cms/view/2.

2. Conclusion of the contract

1. Sending the online registration constitutes a legally binding offer to conclude a contract with the company. The user will be informed by email about the receipt of his registration request. However, this does not constitute a contract of use with the seller. The seller must activate his user account by clicking on the activation link. The seller's user account will only be activated by PARARTGON after the activation. A contract of use is not concluded until the user account is activated by PARARTGON.

3. Service description

1. The company offers registered users the technical possibility to contact buyers via the platform (clause 5).

2. The company itself does not offer any articles for sale on the platform. The advertisements of the sellers that can be called up on the platform do not represent a legally binding offer of sale for the conclusion of a sales contract, but merely a non-binding invitation to submit offers of sale to the seller.

3. Any contractual relationships shall be established exclusively between the company and the user. The fulfillment of contracts initiated via the platform also takes place exclusively between the company and the users.

4. Registration, user account and user data

1. Registration as a seller is only permitted to persons of unrestricted legal capacity. In particular, minors are not allowed to register. The company decides about the possibility of registration after an application from the seller.

2. Registration as a buyer is only permitted to persons of unrestricted legal capacity. In particular, minors are not allowed to register. The company will not require proof that a person is of unrestricted legal capacity and does not assume liability if users make untrue claims in this regard.

3. The company reserves the right to reject sellers during the application process for inclusion in the offer.

4. For registration it is necessary to provide a current email address and password. The email address and password also serve as login data. Only one user account can be created with the same email address. The email address is also used for communication with the company and is authoritative for all contract-relevant correspondence between the company and the seller.

5. The password must be kept secret and access to the user account must be carefully secured. Users are obliged to inform the company without undue delay if there are indications that a user account has been misused by third parties.

6. The seller user account is highly personal. The seller is not allowed to transfer the profile to a third person without the explicit consent of the company. The seller is also not authorized to allow third parties to access his user account using his login data without the express consent of the company.

7. The seller is basically liable for all activities that take place using his user account. The seller is not liable if he is not responsible for the misuse of his user account because there is no violation of his obligation of executive care.

5. Use of the platform

1. In order to avoid sales that are initiated within the platform PARARTGON and reach a conclusion outside the platform, the company enables the buyer to contact the seller, whereby the company intercepts the messages and establishes a contact with the respective seller.

2. In case a buyer makes an offer for an artwork that is not available anymore, because the seller has sold the artwork through a different sales channel without updating its availability on the platform PARARTGON, the company will refund the full retail price to the buyer. This process will happen within 7 business days after the company has received the notification that the artwork is no longer available by the seller. 

3. The company may change the use of the platform or individual functions or the extent to which individual functions can be used at any time.

6. General obligations of the seller

1. After the transmission of a purchase order by the company the seller is obliged to handle the delivery of the purchased artwork to the buyer. The company will inform the seller of the buyer's delivery address for this purpose. The company does not take any responsibility for the shipment of the artwork (clause 8). Any legal relations in relation to the shipment of the goods are exclusively between the seller and the carrier selected by him.

2. The seller is responsible for ensuring the shipment and safe arrival of the purchased artwork (PARARTGON points out that it may be advisable to take out delivery insurance).

3. The seller provides information on his PARARTGON profile whether he accepts a possible return and who then has to bear the costs of the return, if applicable. In addition, the seller decides on the period in which a work of art may be returned.

4. The seller is obligated, should he have already sold posted artworks through other channels, to correct the inventory on his PARARTGON profile without undue delay. In case of so-called "double purchases'', the seller is obliged to pay for the resulting costs (such as transaction fees).

5. The seller is not allowed to send messages with advertising content via the platform without the consent of the recipient (especially: spam messages).

6. If there are any disturbances in the use of the platform or its functionalities, the seller will inform the company of these disturbances without undue delay. The same applies if the seller becomes aware of sales offers or content published by third parties that obviously violate applicable law or the rights of third parties.

7. Further legal relationship between the seller and the company is regulated by a separate contract ("user agreement") concluded between both parties, which is concluded with each seller before starting sales activities.

7. Duration of contract, termination, blocking

1. The user agreement is concluded for an indefinite period of time and can be terminated at any time with immediate effect.

2. This does not affect the right of the parties to terminate the contractual relationship by extraordinary termination for good cause. For the company an important reason, which entitles to terminate this contract without notice, exists if the seller persistently violates his obligations from section 4.3 or 4.4 of this contract. Furthermore, the company reserves the right to remove the seller from the platform without notice in case of repeated violations of section 6 of the GTC.

3. If there is an important reason that is entitled to termination without notice, the company can also order the blocking of access to the user account instead of termination at its own discretion. The company can also order a blocking if the seller has not used the login data for a period of at least one year.

4. Termination will result in the seller not having access to his user account.

5. A termination by the company is considered to be legally effective, among other things, if the seller is notified according to the email address provided by the seller. Cancellations by the user must be made in text form or by using the corresponding function to delete the user account on the platform.

8. Warranty and liability

1. The company strives to offer a trouble-free operation of the platform on a permanent basis. This is naturally limited to services over which the company has an influence. However, the user acknowledges that a complete uninterrupted availability of the platform is not technically feasible. In particular, the company is at liberty to restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and due to other events beyond its control.

2. The compan does not, in principle, pre-screen the content and sales offers posted on the platform. The company can therefore not be held responsible for the correctness, accuracy, reliability, up-to-dateness, appropriateness and/or completeness of the information and sales offers available on the platform. There is also no claim for the absence of defects of posted contents and offers for sale.

3. The company is not liable for slightly negligent violation of obligations that are not essential contractual obligations, i.e. obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the user may regularly rely.

4. As far as legally permissible, liability for slightly negligent breaches of duty concerning the provision of the platform PARARTGON or its contents is excluded.

5. For damages caused by authorized auxiliary persons, in particular partners, the above limitations of liability apply analogously. The company is not liable for actions of users or other third parties. Such third parties also do not act as vicarious agents of the company. Liability for indirect and consequential damages is - as far as legally permissible - excluded.

6. The company’s liability for intent, gross negligence, personal injury and according to mandatory legal regulations remains unaffected by the above limitations of liability.

9. Data protection

1. PARARTGONs privacy policy (https://parartgon.com/cms/view/3) applies to data protection.

10. Indemnity claim

1. The seller indemnifies the company and its employees or agents from all claims of third parties, in the case of claims for alleged or actual infringements and/or violation of rights of third parties, which are asserted in connection with the use of the platform or services of the company by the user.

2. The user agrees to reimburse the company for all costs, if any, incurred by the company as a result of the third party claim. Reimbursable costs also include the costs of an appropriate legal prosecution and legal defense, which the company should incur to defend itself against third party claims. In this case the company will inform the affected user about legal defense measures to be taken without undue delay.

11. Cancellation policy

1. The user of the platform has the right to revoke the usage contract with the company within 14 days after conclusion without giving reasons.

2. In order to effectively exercise the right of revocation, it is necessary for the user to make a clear declaration to the company about the decision to revoke the contract.

3. The declaration of revocation can be sent, among other things, via the contact form on the website or to the company's email: sales@parartgon.com.

12. Final provisions

1. The user of the platform has the right to revoke the user agreement with the company within 14 days after conclusion without giving reasons.

2. In order to effectively exercise the right of revocation, it is necessary for the user to make a clear declaration to the company about the decision to revoke the contract.

3. The declaration of withdrawal can be sent, among other things, via the contact form on the website or to the company's email: sales@parartgon.com.

4. Should one or more provisions of the contract be or become invalid, this will not affect the validity of the remaining provisions.

5. The law of the Federal Republic of Germany applies.

6. The company will inform the user in text form about changes to these conditions without having to send or otherwise communicate the changed conditions in detail or the new version of the conditions as a whole; it is sufficient to inform the user about the fact of the change as such as well as a link to the changed general platform conditions. If the user does not object to the change in text form within 14 days after notification of the change, this is considered as agreement with the change; the company will point this out in the change notifications.

7. The company is entitled to transfer this usage contract including all additional agreements with all rights and obligations to a company of its choice. In case of transfer of this contract to another company, the user has a special right of termination, which must be asserted in writing within 14 days after notification by the company. The company will separately point out to the user in the notification the significance of his behavior.

8. The place of jurisdiction for all disputes arising from and in connection with this contract, regardless of the legal basis, is - if and insofar as the user is a merchant - Hamburg (Germany).