1. TERMS OF SALE.

This sale is subject to the Terms of Use (“Terms”) detailed below. The Terms apply to the sale invoiced above and comprise the entire agreement for the purchase of the Artwork invoiced above, be it an original painting or a print.

 

2. CONDITION.

The buyer is purchasing the Artwork in its present condition.

 

3. TRANSFER OF OWNERSHIP.

Title to the Artwork passes directly from the seller to the buyer.

 

4. INTELLECTUAL PROPERTY AND MORAL RIGHTS.

No intellectual property rights in the Artwork (including, without limitation, any copyright or related rights) shall be acquired or transferred as a result of the purchase of the Artwork hereunder. If such rights are sought, the buyer should contact the relevant intellectual property owner, i.e., the artist.

 

Further, the artist retains all moral rights in the artwork. The Artist hereby asserts his right to be identified as the creator of the Artwork.

 

 

5. SHIPMENT.

Within five (5) days of the date listed above, the shipment of the Artwork will be initiated.

 

6. FINAL SALES.

ALL SALES ARE FINAL. Upon receipt of the Artwork, it is the buyer’s responsibility to inspect it. If the Artwork is damaged, the buyer must inform the Artist, via email at ateliergerns@gmail.com, within five (5) days of receipt of the Artwork at the address provided by the Buyer. 

 

7. RESALE RESTRICTIONS.

You, your heirs, and your assigns are strictly prohibited from reselling the Artwork within one (1) year of the date of this invoice. If you seek to resell the Artwork, you must first receive permission from the Artist to do so. If you do not receive permission for resale, you agree to grant the artist first right of refusal to repurchase the Artwork at the original sale price.

 

8. RESALE ROYALTY.

Upon resale of the Artwork, the Artist shall receive five percent (5%) of the total sales price (“Resale Royalty Payment”). If you choose not to the resell the Artwork via a marketplace, you shall pay the Resale Royalty Payment to the artist directly. The Resale Royalty Payment must be made to the artist within fifteen (15) days of you receiving payment for the resale of the Artwork. Further, the Resale Royalty shall attach to any subsequent sale, and thus you and all subsequent buyers must include the following language, in writing, with the Artwork when it is offered for sale in the future: “A Resale Royalty in the amount of five precent (5%) of the total sales price shall be applied to all subsequent sales of this artwork and paid to the artist.”

 

9.  ATTRIBUTION.

If you intentionally destroy, damage, alter, modify or change the Artwork, the artist shall have the right to remove his/her/their attribution to the Artwork. If the Artwork is damaged, you shall consult with the artist prior to the commencement of any repairs or restoration, and if practicable the artist shall be given the opportunity to make any required repairs or restoration. If you do not follow the artist’s instructions, the artist shall have the right to remove his/her/their attribution from the Artwork.

 

10. DISPUTE RESOLUTION.

Any claims or disputes arising out of or related to the sale of the Artwork shall be governed by the laws of Switzerland, excluding its conflict of laws principles. If a dispute concerning the sale of the Artwork arises, you consent to the exclusive jurisdiction of, and waive any jurisdictional objection to the Canton of Vaud, Switzerland.

 

INFORMATION SHARING REQUEST.

The Artist requests that you inform him if you sell, gift, grant, barter, exchange, assign, transfer, convey or alienate the Artwork or permit the artwork to pass by inheritance or bequest or by operation of law. Testudo kindly requests buyers to share this information to maintain the integrity of its platform’s ecosystem