Allgemeine Geschäftsbedingungen

GENERAL TERMS AND CONDITIONS (GTC) OF ATO GALERIE

SCOPE

(1) The following terms and conditions apply to all contracts you conclude with us as the provider, ato Galerie, via our website ato.vision or through direct sales in our gallery premises. Unless otherwise agreed, we object to the inclusion of any of your own terms and conditions.

(2) A “consumer” within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self employed professional activity. An “entrepreneur” is any natural or legal person or legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self employed professional activity.

CONCLUSION OF CONTRACT

(1) The subject matter of the contract is the sale of goods, in particular artworks. We sell goods in part or exclusively as a commission agent in our own name for the account of a third party, meaning for a third party as the owner of the goods. Regardless of this, we are the contractual partner of the buyer with all rights and obligations.

(2) Non binding product presentation. Our presentation and advertising of goods on the website does not constitute a legally binding offer, but a non binding online catalogue or an invitation to you to order such goods. The same applies to the presentation of works in our gallery premises. In these cases, we initially invite you on a non binding basis to submit a purchase offer.

(3) Online ordering process. You can initially place products in the shopping cart without obligation via the online shop on the website. There you can view and change your selection at any time. After you open the checkout, enter your personal data and select the shipping and payment conditions, all order data will be displayed to you in an order overview. Before sending the order, you have the opportunity to review all information again and, if necessary, correct it. By clicking the final order button, for example “Buy” or similar, you submit a binding purchase offer for the goods contained in the shopping cart. You will then receive an automatic email confirming receipt of your order, which does not yet constitute acceptance of the contract.

(4) Acceptance of contract. A contract is only concluded when we accept your offer within 2 days by sending an order confirmation by email or by dispatching the goods. If you do not receive an order confirmation from us within this period, you are no longer bound by your order. Any services already provided, in particular advance payments, will be refunded without undue delay.

(5) Direct purchase on site. When purchasing on site in our gallery, the contract is concluded directly by agreement on the purchase item and the price. As a rule, we accept your purchase offer by handing over the goods against payment. If we do not accept an offer in an individual case, for example because a work is no longer available, we will inform you without undue delay. Any payments already made will be refunded in this case. ato Galerie reserves the right to refuse purchase offers without stating reasons.

(6) Enquiries and communication. Your enquiries for the preparation of an offer, for example for individual orders outside the online shop, are non binding for you. On request, we will provide you with a binding offer in text form, usually by email, which you can accept within the stated period, typically 5 days. The processing of your order and the transmission of information in connection with the contract may take place partly automatically by email. Please therefore ensure that the email address you have provided us is correct and that receipt of our emails is technically ensured, in particular not blocked by spam filters.

PRICES, SHIPPING AND PAYMENT TERMS

(1) Prices. The prices stated in our offers are total prices. They include all price components including taxes, in particular value added tax, unless stated otherwise. Unless expressly stated otherwise, prices do not include delivery and shipping costs. Any shipping costs, if incurred, will be shown separately in the online shop or in the offer and are to be borne by you in addition, unless we have exceptionally agreed to a free of charge delivery.

(2) Shipping and delivery. We deliver goods according to the shipping method agreed with you to the delivery address you specify. Information on any delivery restrictions, delivery periods and conditions can be found in the respective product descriptions or will be communicated to you at the latest in the order confirmation. Self collection in our gallery is possible by arrangement and is free of charge for you. Unless otherwise agreed, we dispatch available goods within approximately 5 to 7 business days after conclusion of the contract, or in the case of advance payment, after receipt of payment. If delivery times are exceeded to an unreasonable extent, we will inform you.

(3) Due date and default. Unless otherwise stated for individual payment methods, payment is due immediately upon conclusion of the contract. For purchases on site, the purchase price is due upon handover of the goods. If you are in default of payment, we are entitled to claim statutory default interest and any further damage caused by default.

(4) Payment methods. You may pay using the following payment methods, at your choice:

a) Advance payment, bank transfer prior to delivery

b) EC card, for payment on site

c) Cash payment, for purchase or collection on site

d) PayPal

e) Google Pay

f) Apple Pay

For payments via payment service providers, their terms of use apply additionally. Depending on the payment method, you may be redirected during the ordering process to the website of the respective payment service provider, where you authorise the payment. You will then be redirected back to our shop to complete the order. For advance payment, we will provide our bank details in the order confirmation. The goods will be dispatched after receipt of payment.

TRANSFER OF RISK IN CASE OF SHIPPING

(1) Consumers. For deliveries to consumers, the risk of accidental loss and accidental deterioration of the sold goods during shipment passes only upon handover of the goods to you.

(2) Entrepreneurs. If you are an entrepreneur, the risk of accidental deterioration and accidental loss passes already upon delivery of the goods to the transport company.

(3) Customer arranged carrier. This also applies if you commission a transport company or other person to carry out shipment that was not designated by us.

RETENTION OF TITLE AND RIGHT OF RETENTION

(1) We retain title to the goods until full payment of the purchase price has been made.

(2) You may exercise a right of retention only insofar as it is based on claims arising from the same contractual relationship. Set off against our claims is permitted only with undisputed or legally established counterclaims.

RIGHT OF WITHDRAWAL FOR CONSUMERS

If the customer is a consumer and the contract is concluded exclusively by means of distance communication, in particular in the case of an online purchase, the customer has a statutory right of withdrawal. Details on the right of withdrawal, how to exercise it, and a model withdrawal form are provided separately in our withdrawal information.

STATUTORY WARRANTY, DEFECTS

(1) The statutory warranty rights apply. We are liable for material defects and defects in title in accordance with statutory provisions.

(2) If a characteristic of the goods deviates from objective requirements, such deviation shall be deemed agreed only if we expressly informed you of the deviation before you submitted your contractual declaration and the deviation was expressly and separately agreed.

(3) Inspection upon receipt. If you are a consumer, we ask you to inspect the delivered goods without undue delay after receipt for completeness, obvious defects and transport damage and to notify us and the delivery service of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

LIMITATION OF LIABILITY

(1) We are liable without limitation for intent and gross negligence.

(2) In cases of simple negligence, we are liable only for breach of an essential contractual obligation, the fulfilment of which is necessary for the proper performance of the contract and on compliance with which you may regularly rely. In this case, liability is limited in amount to the typical foreseeable damage.

(3) The above exclusions and limitations of liability do not apply in the event of injury to life, body or health, fraudulent concealment of a defect, the assumption of a guarantee, or under the Product Liability Act.

(4) The above liability provisions also apply in favour of our legal representatives, employees and agents.

COPYRIGHT AND RIGHTS OF USE IN ARTWORKS

The artworks offered by us are generally protected by copyright. By purchasing a work, you generally acquire only ownership of the physical item, but no further rights of use or exploitation. Any type of exploitation of the work, except the resale of the original artwork, requires the prior written consent of the artist, unless an exception is provided by law. Moral rights, for example the right to be named as author and the integrity of the work, remain with the author.

GOVERNING LAW AND JURISDICTION

(1) German law applies. For consumers with their habitual residence in another EU country, this choice of law applies only insofar as it does not deprive the consumer of the protection of mandatory provisions of the law of the country of habitual residence.

(2) If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business is the place of jurisdiction and place of performance for all disputes arising out of or in connection with contracts between us and you. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your residence or habitual abode is unknown at the time legal action is commenced. We are entitled to bring an action at any other statutory place of jurisdiction as well.

(3) The UN Convention on Contracts for the International Sale of Goods does not apply.

DISPUTE RESOLUTION, CONSUMER INFORMATION

The European Commission provides a platform for online dispute resolution. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

FINAL PROVISIONS

If individual provisions of these GTC are or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision.

Version: January 2026