General Terms and Conditions (GTC)

As of January 2025 - for the 22nd Gallery (operated by PE Art Capital UG (limited liability))

These terms and conditions apply to all orders placed with PE Art Capital UG (limited liability) (hereinafter referred to as "Provider", "Seller" or "22nd Gallery") via the online shop 22ndgallery.com. Only the following terms and conditions, in their version valid at the time of the order, apply.
Your contractual partner is PE Art Capital UG (limited liability).
A customer is a consumer if the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or legally capable partnership that, when concluding the contract, is acting in the course of their commercial or self-employed professional activity.
Any differing terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing.

The presentation of goods in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.
Special note regarding unique pieces: As the artworks offered are predominantly one-of-a-kind pieces, availability is strictly limited. Due to technical reasons, it is possible that a work may be sold simultaneously in the gallery or on another platform before its status in the online shop has been updated.
By clicking the "Place order" button, you are placing a binding order for the goods contained in the shopping cart.
The contract only comes into effect through: a) Our express order confirmation by email (an automatic confirmation of receipt is not yet acceptance!), or b) The delivery of the goods.
Should the ordered unique item no longer be available, we reserve the right to cancel the order. In this case, we will inform you immediately of the unavailability and promptly refund any payments already received.

The prices shown are final prices plus delivery/shipping costs.
Tax information (differential taxation & standard taxation): Due to our product range, different types of taxation apply:
- Category A (standard taxation): For new goods or goods marked accordingly, the price includes statutory VAT. This will be shown separately on the invoice.
- Category B (Differential Taxation): For works of art and used goods, we apply differential taxation according to § 25a of the German VAT Act (UStG), where legally permissible. In this case, VAT is included in the purchase price but is not shown separately on the invoice. Input tax deduction is not possible for commercial buyers of these items.
The type of taxation will be communicated to the customer during the ordering process or at the latest on the invoice.
For deliveries to countries outside the European Union (third countries), additional customs duties, taxes, or fees may apply. These are not payable to the seller, but to the relevant customs or tax authorities in the destination country and are the sole responsibility of the customer.

Delivery will be made to the delivery address specified by the customer.
Partial deliveries : We are entitled to make partial deliveries, provided this is reasonable for the customer. Additional shipping costs will only be incurred if expressly agreed upon.
Transfer of risk : If the customer is a consumer, the risk of accidental loss, accidental damage, or destruction of the goods passes to the customer or an authorized recipient only upon delivery of the goods. If the customer is a business, delivery is at the customer's risk; the risk passes to the business upon handover of the goods to the transport company.
Packaging : We package artworks professionally and with great care.

Unique and handcrafted: The artworks offered are often handcrafted, one-of-a-kind pieces. Minor variations in color, structure, dimensions, and surface compared to the product photos are technically unavoidable (e.g., due to screen settings) and do not constitute a defect.
Material-specific properties: The customer acknowledges that art materials (canvas, wood, oil paint, paper) react to environmental influences. Changes such as the darkening of colors, the appearance of craquelure (fine cracks in the paint), or slight warping in paper works are natural aging processes and do not constitute a defect.
Used frames: If artworks are sold in frames labelled as "used", "original frames" or "artist frames" or whose condition is described as "vintage", signs of wear (scratches, patina, dents) on the frame constitute the agreed condition and do not give rise to any claims for defects.

The goods remain the property of 22nd Gallery until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, assignment as security, processing, or modification of the goods is not permitted without our consent.

The purchase of a work of art only includes the real ownership of the work (§ 903 BGB).
No transfer of rights : Unless expressly agreed otherwise in writing, no copyright usage rights are transferred.
- The buyer may exhibit and resell the work (as long as it is permitted under Section 17 of the German Copyright Act).
- The buyer may not : reproduce the work (prints, copies, photos for commercial use), digitize it (e.g., mint as NFT), edit it, or produce merchandise products with it.
Any use beyond private enjoyment requires the prior written consent of the author or the 22nd Gallery.

If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible.
Failure to file a complaint or contact us will not affect your statutory warranty rights as a consumer. However, it will help us to assert our own claims against the carrier or transport insurance company.
Merchants are subject to the obligation to give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).

The statutory warranty rights apply.
Shortened limitation period for used goods : If the purchased item is used (e.g., an older work of art, goods subject to differential taxation) and the customer is a consumer, the limitation period for claims based on defects is one year from delivery of the goods. This does not apply to claims for damages arising from injury to life, body, or health.
We are liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
We are not liable for damage caused by improper handling or storage of the artwork by the customer (e.g. hanging in direct sunlight, damp rooms, above radiators).

Consumers have a statutory right of withdrawal. Please see our separate cancellation policy for details. (Note for returns: We strongly recommend returning artworks only in their original packaging to avoid claims for compensation due to damage.)

Contracts between the seller and the customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships is the seller's place of business.