Editions - Terms of Sale
Introduction
These Terms and Conditions apply to the sale of editions by Felix Holzer® (“Felix Holzer®”, “Felix Holzer“ “we” or “us”) to you (the “Purchaser” or “you”). Please read these Terms and Conditions carefully and make sure you understand them.
Without limiting the ways in which these Terms and Conditions apply, acceptance of these Terms and Conditions in store shall be demonstrated by full or partial payment of the price shown on the front of the invoice for the relevant edition (the “Edition”).
Where you are purchasing an Edition online, these Terms and Conditions are supplementary and should be read in conjunction with the Terms and Conditions.
1. We are Felix Holzer®, a company whose principal place of business is Mauerkircherstrasse 11, 81679 Munich, Germany. Our registered VAT number is DE 200181939.
Restrictions of Editions Purchases
2. You acknowledge and agree to comply with the following before purchasing the Edition from Felix Holzer®:
a) Sales are strictly limited to one edition of each artwork per purchaser.
b) Sales to dealers (being individuals or companies which buy and sell art by way of business) are strictly prohibited and the Edition must not be purchased for onward sale.
c) Felix Holzer® reserves the right to refuse to sell or to rescind the sale of the Edition to any purchaser who (in the reasonable opinion of Felix Holzer®) is attempting to circumvent the above restrictions.
d) The Purchaser agrees not to make the Edition available for resale for a period of five years without first offering it back to Felix Holzer® at fair market value. Felix Holzer® shall be entitled to rescind the sale of the Edition for breach of this clause.
e) After purchasing the Edition, the Purchaser shall not buy other editions of the same artwork, either by purchasing further editions directly or by asking third parties to purchase further editions on the Purchaser’s behalf.
Ownership
3. Title to the Edition shall pass to the Purchaser on delivery provided that Felix Holzer® has received the amount stated on the invoice in full.
Delivery and risk
4. Following receipt of the full amount stated on the invoice and unless agreed otherwise in writing, Felix Holzer® shall deliver the Edition to the address provided by the Purchaser using a shipper and method of shipping chosen and approved by Felix Holzer®. Delivery shall take place within 60 days from the date the contract of sale is entered into. The Purchaser is responsible for shipping and casing costs.
5. Subject to clause 6 below, from the time the Purchaser is in physical possession of the Edition, risk shall pass to the Purchaser and from that time the Purchaser shall be responsible for the Edition and should make appropriate arrangements to insure it.
6. In the event that Felix Holzer® agrees to deliver an Edition to the Purchaser using a shipper or method of the Purchaser’s choosing (and not a Felix Holzer® approved shipper or method), delivery to the Purchaser shall be deemed to take place when the Purchaser’s shipper collects on the Purchaser’s behalf. Upon collection by that shipper, the Purchaser will have title to the Edition (provided that Felix Holzer® is in receipt of the full amount stated on the invoice) and the Purchaser will be responsible for damage to and loss of the Edition from the point of collection onwards.
Other important Terms
7. The Purchaser shall comply with any installation, handling and maintenance instructions for the Edition which are provided by Felix Holzer®.
8. The Purchaser shall be responsible for any and all direct or indirect taxes and/or duties, including export and import duties.
9. Where the Edition is being exported, the Purchaser must send proof of export to Felix Holzer® within three months of the date of the invoice.
10. No copyright or other intellectual property rights in the Edition are granted to the Purchaser and the Felix Holzer’s moral rights are hereby asserted.
11. Felix Holzer® shall deal with personal data in accordance with its Privacy Policy .
12. If you have any questions or complaints about these Terms and Conditions or the Edition, please direct them to Felix Holzer® by email to hello@felix-holzer.com or by post to Felix Holzer®, Mauerkircherstrasse 11, 81679 Munich, Germany.
13. We are under a legal duty to supply products that are in conformity with these Terms and Conditions. Nothing in these Terms and Conditions will affect your legal rights.
14. These Terms and Conditions and any non-contractual obligation arising from or in connection with them shall in all respects be construed in accordance with German law and the parties agree to submit to the non-exclusive jurisdiction of the German Courts.