General terms and conditions

General Terms and Conditions of Business between you and Smart-collectors GmbH(Date: November 2017)

Recital clause

Welcome to the online platform www.smart-collectors.com ("Website"), operated by Smart-collectors GmbH, Friedrichstr. 22.65185 Wiesbaden, ("smart-collectors GmbH" or "we"). On the website smart-collectors GmbH mediates the lending and sale of art objects and related objects ("art objects","objects" or "goods") of artists, galleries or other persons ("sellers"). smart-collectors GmbH is not the seller of the objects, but mediates them in the name and on behalf of the seller. smart-collectors GmbH will therefore enter into a contractual relationship with you as a customer ("Customer" or "You") on behalf of the Seller. smart-collectors GmbH is also responsible for the provision of the website, communication between the customer and the seller, payment processing and shipping ("Services smart-collectors GmbH"). All rights and obligations arising from the purchase or rental of the objects exist in the relationship between the customer and the seller.

By using www.smart-collectors.com or placing an order you conclude two contracts, namely one between smart-collectors GmbH and you with regard to the services of smart-collectors GmbH and one between you and the seller with regard to the sale or rental of the objects.

By using www.smart-collectors.com or placing an order you agree to the following terms and conditions.

Please read the terms and conditions carefully before placing an order.

Please also note the additional information on data protection regulations.

1. Scope of application

1.1 The following General Terms and Conditions ("Terms and Conditions smart-collectors GmbH") apply to all declarations of intent, contracts and legal or similar acts of smart-collectors GmbH via the online platform www.smart-collectors.com. The valid terms and conditions of business of smart-collectors GmbH at the time of the order become an integral part of the contract.
1.2 The valid version of the smart-collectors GmbH Terms and Conditions valid at the time of conclusion of the contract shall apply. The customer's general terms and conditions of business are hereby rejected. These terms and conditions are not part of any agreements unless the terms and conditions are expressly confirmed by smart-collectors GmbH in writing.

2. Registration

2.1 The creation of a customer account at smart-collectors GmbH is required to order objects for rent or purchase. The creation of a customer account is only possible by and for persons who have reached at least 18 years of age. The customer account is used to facilitate the provision of information required for an order and simplifies follow-up orders and repeat contracts. There is no claim to the conclusion of a contract.
2.2 Mandatory information when registering to create a customer account is: name, address, telephone number and e-mail address. The customer is obliged to provide the requested information in an orderly and truthful manner and to update it immediately in the event of changes. A legal entity must be registered by an authorised representative.
2.3 Creating a customer account is free of charge for you.
2.4 You can delete a customer account at any time, but in the case of a current rental agreement you can delete it at the earliest with effect after expiry of the rental period and collection of the objects. To delete a customer account, send an email to info@smart-collectors.com.
2.5 If a customer makes untrue information during registration or if a registered customer fails to report changes, smart-collectors GmbH reserves the right to exclude the customer from smart-collectors GmbH and to irrevocably delete the customer account with all customer-related data.
2.6. smart-collectors GmbH can reject a registration at any time without giving reasons.

3. Offer and conclusion of contract

3.1 smart-collectors GmbH offers the objects on the website for sale and rental.
3.2 The presentation of the objects on the website does not represent a legally binding offer of the seller, but a non-binding online catalogue. The offers of the sellers on the website of smart-collectors GmbH are in principle subject to change without notice, i. e. They are merely a request to you to place an order. With your order you make a binding offer to conclude a rental or purchase contract for the goods contained in the shopping cart.
3.3 Immediately after submitting your order, you will receive an e-mail confirming receipt of the order and listing its details ("Order Confirmation"). The order confirmation does not yet represent an acceptance of your offer, but is only intended to inform you that we have received your order.
3.4 We may accept your order on behalf of the Seller by sending the order confirmation by e-mail within 20 working days. With the order confirmation a purchase or rental contract is concluded and an invoicewill be sent to you.
3.5 During this period of 20 working days the customer remains bound to the offer made by him towards the seller.
3.6 If you do not receive an order confirmation by e-mail, your offer shall be deemed not to have beenaccepted.
3.7 All information and product descriptions, especially on the website, in brochures, catalogues, price lists or other material of smart-collectors GmbH or the seller, which are accessible prior to the submission of the order confirmation, are exclusively for informative purposes and are therefore non-binding, unless they are expressly designated as binding. In particular, they are not part of the contract and/or constitute a guarantee for certain properties of the objects.

4. Price

4.1 All price quotations on our online platform www.smart-collectors.com are gross prices including the statutory value added tax and a possible premium.
4.2 The prices at the time of ordering shall apply.
4.3 Despite our best efforts, a small number of products on our platform may be priced incorrectly. Wecheck the prices when we process your order and before we debit the payment. If a product is labelled with a wrong price and the correct price is higher than the price on our website, we will contact you before shipping the product to ask you whether you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we quote, we will charge the lower amount and send you the product.

5. Terms of payment

Due date:
5.1 When purchasing art objects, the gross total amount of the order, consisting of the gross purchaseprice and the flat rate for shipping costs, is to be paid to smart-collectors GmbH within 5 working days of sending the order confirmation.
5.2 In the event that the customer wishes to purchase an art object which is leased at the time of theorder, a deposit of 10% of the gross purchase price is to be paid to smart-collectors GmbH within 5 working days of sending the order confirmation. If the object of art is not available after expiry of the rental period, smart-collectors GmbH will refund this deposit.
5.3 In the case of rental of art objects, a gross part of the rent is to be paid to smart-collectors GmbH within one week of sending the loan agreement. Payment of all subsequent instalments is due monthly onthe 3rd of each month.
Payment:
5.4 smart-collectors GmbH is authorised to receive payment by the seller.
5.5 The customer can choose between different payment methods for payment:
a) Paypal-plus payment
b) SEPA Direct Debit
c) PrepaymentPayment in advance is made by the customer by bank transfer to smart-collectors GmbH to the account indicated in our order confirmation, invoice or in the online shop.
i) For orders for the purchase of works of art, the customer shall make payment in advance in the amount of the gross total amount of the order according to the order confirmation or invoice.
(ii) In the case of orders for the rental of art objects, the customer shall pay in advance for a gross part of the order consisting of the first monthly rental instalment, the flat rate for shipping costs and the security deposit (cf. No. 9.17) in accordance with the order confirmation or invoice. The payment of all subsequent monthly instalments according to the confirmation of order or invoice is made by the customer on the 3rd of each month.
5.6 In the case of payment by SEPA direct debit (bank collection), Smart-collectors GmbH is revocably authorised to collect the invoice amount from the specified customer account. The debit of the customer account takes place immediately with the order confirmation.The entry of the current account serves as confirmation of the customer that he is entitled to direct debit via the corresponding current account. If the debit memo is not implemented due to insufficient account coverage or incorrectly entered bank details or if the customer objects to the debit, even though he is not entitled to do so, the customer shall bear the bank's reversal fees. In addition, the customer is obliged to pay a handling fee of € 35 per return debit note. Further claims on the part of smart-collectors GmbH remain unaffected by this.
5.7 In the event that a contract with the customer is not concluded, smart-collectors GmbH will cancelthe payment and refund the amount to the customer.
5.8 Depending on the chosen means of payment, further costs may be incurred, which are clearly indicated at the checkout in the online shop.
5.9 The customer shall only be entitled to a right of set-off if his counterclaims have been legally established or are undisputed or acknowledged by smart-collectors GmbH.
5.10 The customer is only entitled to exercise a right of retention if a counterclaim is based on the same contractual relationship.
Default:
5.12 If the customer defaults on payment, default interest in the amount of 5 % above the respective base interest rate p. a. will be charged. of the European Central Bank. In the event that the customer is an entrepreneur, interest on arrears will be charged at a rate of 9% above the respective base interest rate per annum. of the European Central Bank.

6. Retention of title

6.1 Upon conclusion of a purchase contract, each object delivered remains the property of the seller until full and final payment has been made to smart-collectors GmbH.
6.2 Upon conclusion of a rental agreement, the objects and all their components remain the property ofthe seller.
6.3 Prior to the transfer of ownership, resale, rental, pledging, transfer by way of security, processing, other disposal or redesign is not permitted without the express written consent of smart-collectors GmbH or the seller.

7. Delivery

7.1 In case of conclusion of the contract and receipt of payment by smart-collectors GmbH, smart-collectors GmbH will commission the internal logistics team. Orders will only be delivered if all previous deliveries have already been paid for.
7.2 We endeavour to adhere to delivery times. Nevertheless, delays may occur. All delivery times are therefore non-binding estimates.
7.3 Unless otherwise agreed, delivery shall be made to the delivery address indicated by the customer.
7.4 The delivery includesa) for all deliveries the packaging, transport, unpacking and hanging / assembly / installation (suspension or assembly) of the works of art; andb) in the case of art rentals, the collection, disassembly/removal (suspension or dismantling), packaging of the art objects and return transport.
7.5 Insofar as a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer is not found at the delivery address indicated by him although the delivery time was announced to the customer with a period of 14 days, the customer shall bear the additional costs incurred due to the unsuccessful delivery.
7.6 Deliveries to consumers shall be made at the risk of the customer from the time the objects are handed over to the customer.
7.7 For all deliveries, the condition of the art objects must be recorded on delivery (and, in the case of art rentals, also on collection, see § 11) in a condition report (held by the logistics team), which the customer and the logistics team confirm by signature.
7.8 The customer must immediately check the art objects for damage and notify the logistics team of anydefects before accepting them. If there are obvious damages and they are only noticed after acceptance, the customer has to complain to us within a period of 14 days after acceptance. If the customer fails to do so, the assertion of claims for such obvious damages is excluded.

8. Duration of the contract:

8.1 The rental agreement for works of art is concluded for the period of time chosen by the customer. The rental period can be 3, 6, 12 or 18 months and begins on the day of delivery. The rental contract ends automatically at the end of the rental period (after 3, 6, 12 or 18 months) without the need for termination.
Place:
8.2 The customer acquires the right to use the art objects at the place of delivery and to exhibit them in his agreed premises for the rental period (3, 6, 12 or 18 months) chosen by him per order.
8.3 Changes in the location of the art objects are only permissible with our consent and must be agreed separately.
Rights of use:
8.4 For exhibitions, the following rights apply to customers:
a) Consumers have the right to display rented art objects in their private or business premises.
8.5 Any rights of use exceeding this in terms of copyright law shall remain with the artist. All illustrations (including, for example, photos of rented art objects), reproductions, publications, distribution, rental or subletting to third parties and/or public exhibitions or other commercial use by the customer are excluded.
8.6 The customer agrees to make the art objects accessible to smart-collectors GmbH, the seller and any potential buyers by prior agreement.
Insurance:
8.7 All works of art are insured during the entire rental period at the agreed exhibition venue of the customer for the protection of the customer and the seller via smart-collectors GmbH's existing policy. The cost of insurance during the rental period is included in the rental price.
Original packaging:
8.8 The customer undertakes to store the original and undamaged packaging materials for re-use during return transport, unless expressly agreed otherwise with us.
8.9 The objects of art are returned in their original packaging. If the original packaging materials are no longer available upon collection of the art objects, the logistics team will use replacement packagingmaterials, the costs of which will be charged to the customer in addition.
Return of the leased property:
8.10 The customer undertakes to return the art objects immediately upon termination of the rental agreement.
8.11 The collection of the rented art objects for return transport will be carried out at the end of the rental period by the logistics team commissioned by smart-collectors GmbH. If the end of the rental period falls on a weekend or a public holiday, collection will be made on the following working day at the customer's premises. The pick-up date will be communicated to you by smart-collectors GmbH by e-mail and will be confirmed again up to 15 working days before the end of the rental period.
8.12 It is the customer's responsibility to return the leased property to the seller in due time at the agreed time. If the collection for the return delivery of the art objects cannot be realised on the agreed date due to the fault of the customer, e. g. due to the fact that the customer or an authorised representative is not present at the collection address, and if the customer is in default with the return of the rented artobjects, the customer shall bear all additional costs arising from this, e. g. for the return journey of the logistics team.
8.13 In the event of a late return of the leased property, the customer shall owe a compensation for use based on the originally agreed rent.Furthermore, a fee of € 35 will be charged for each unsuccessful collection or delivery attempt. Furthermore, the customer reimburses smart-collectors GmbH for any further consequential damage resulting therefrom and indemnifies smart-collectors GmbH from any claims for damages by the subsequent tenants.
Pre-emption right:
8.14 For art objects for which a rental transaction has been concluded with the customer, the customer is entitled to make advance purchase during the rental period. If a third party intends to purchase the rented property during the rental period, the customer will be informed immediately by e-mail and can make use of his pre-emption right by indicating the purchase and full payment of the respective property up to one month before expiry of the rental period.
Purchase price of a rented art object:
8.15 If the customer decides to purchase a rented art object during the rental period, the total rent of the art object will be deducted 100% from the purchase price.
Termination:
8.16 A proper termination of the rental agreement during the term of the contract is excluded. The right to extraordinary termination without notice for good cause remains unaffected. An important reason shall in particular be deemed to exist if the customer violates his duty of care in accordance with § 10 or if the customer does not fulfil his obligation to pay and if payment of the due rent is more than 10 working days in arrears.
Disclosure obligations:
8.18 It is the duty of the customer to inform smart-collectors GmbH immediately about any possible seizure of his movable property and real estate, even if the objects rented to him or at least a part of it are affected by this. This shall also apply in the event of insolvency of the customer or his intention to give up his residence within Germany. Should the leased objects be included in the case of a foreclosure measure directed against him, it is the duty of the customer to designate Smart-collectors GmbH immediately the competent enforcement body.

9. Limitation of liability of smart-collectors GmbH

9.1 smart-collectors GmbH shall only be liable if smart-collectors GmbH or one of its legal representatives or one of its vicarious agents has breached an essential contractual obligation (cardinal obligation) in a manner endangering the purpose of the contract or if the damage is due to gross negligence or intent on the part of smart-collectors GmbH or one of its legal representatives or one of its vicarious agents. If this is not done with gross negligence or wilful intent, the liability of smart-collectors GmbH is limited to the damage that was reasonably foreseeable at the time the contract was concluded. smart-collectors GmbH is not liable for the slightly negligent breach of other than the aforementionedobligations.
9.2 The aforementioned limitations of liability shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
9.3 Insofar as the liability of smart-collectors GmbH is excluded or limited, this also applies to thepersonal liability of employees, representatives and vicarious agents.
9.4 The liability of smart-collectors GmbH for non-performance or delayed performance is also excludedinsofar as it is based on measures within the scope of industrial disputes, in particular strikes and lockouts or on the occurrence of unforeseen hindrances, which are outside the control of smart-collectors GmbH, for example operational disruptions.

10. Further liability regulations for the rental of objects of art

10.1 The art objects are delivered to the customer in perfect condition.a) If the customer is a consumer, the refutable assumption shall apply that the object of art was free of "obvious defects" upon receipt by the customer. The customer reserves the right to prove the defectiveness of the art object upon receipt.b) The condition of the objects of art is to be recorded on delivery and collection in a condition report (held by the logistics team) which is confirmed by the customer and the logistics team by signature. In the unlikely event that there are minor defects in an object of art, these shall be recorded as such in the Condition Report.
10.2 For consumers, the warranty is based on the legal requirements.
10.3 If a defect shows up for collection during the examination of the condition of the art object, which as such was not noted in the condition report on delivery, it is assumed that this defect arose during the rental period. The customer reserves the right to prove that he is not responsible for the defect.
10.4 During the rental of art objects the customer is obliged,
a) to treat the objects of art with care and appropriately in order to guarantee their integrity,
b) to observe all legal, official or agreed safety regulations,
c) during the cold season, to either adequately heat the insured premises in which the objects of art are located or to empty and keep empty all water-bearing installations and facilities,
d) To keep doors, windows and all other openings in the insured premises in which insured works of artare located properly closed, provided that no supervisor is present, as well as to maintain and operate all additional security devices - in particular burglar alarm systems - that are available at the time of conclusion of the contract and agreed upon, unless otherwise expressly agreed.
e) to protect the art objects from strong environmental influences and to avoid direct sunlight, placing of the art object over heaters, hanging on damp walls (e. g. new buildings) or similarly heat-developing devices and the storage of art objects in rooms with humidity, the level of which does not deviate insignificantly from the value of normal living spaces. If you have any questions about the proper treatment of the art objects, you can also contact us directly (info@smart-collectors.com).f) not to exhibit the art objects in rooms that are subject to strong environmental influences. This includes outdoor spaces, kitchens, bathrooms and cellars.
10.5 In the period between the handover of the leased object to the customer (consumer), i. e. after passing of risk and the end of the lease period, the customer is responsible for the art objects. The customer shall be liable for loss, destruction or damage during this period up to the amount of the purchase value (price shown less VAT) of the art object. This includes in particular the risk of loss due to fire or theft.
10.6 In case of damage or loss, the customer is obliged to inform Smart-collectors GmbH immediately about the damage or loss:

Address:
smart-collectors GmbH,
Friedrichstr. 22.
65185 Wiesbaden
Phone: +49 611 13719170
E-mail: info@smart-collectors.com

10.7 In the event of damage, smart-collectors GmbH shall determine the amount of the damage at its reasonable discretion. The customer reserves the right to prove that less damage than the restoration value or purchase value determined by smart-collectors GmbH has occurred. The customer's liability shall lapse if the damage is covered by the insurance policy of smart-collectors GmbH.

11. Collection, processing and use of personal data

smart-collectors GmbH complies with the legal data protection regulations. Specific information on theuse of personal data can be found in our privacy policy.

12. Right of withdrawal of the customer as consumer

Consumers are entitled to a right of withdrawal in accordance with the following provision, whereby consumers are every natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity:

12.1 Cancellation policy for the purchase of goods

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reasons. The period of revocation is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform the

smart-collectors GmbH

Address:       Friedrichstr. 22,65185 Wiesbaden, Germany
Phone: +49 (0)611 13719170
E-mail: info@smart-collectors.com

by means of a clear declaration (e. g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

The punctual dispatch of the revocation or the goods suffices to comply with the revocation period.

Revocation consequences

In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e. g. interest) that may have been obtained are to be surrendered. If you are unable to return or return the received goods and services as well as their use (e. g. advantages of use) to the seller or cannot return them in part or only in a deteriorated condition, you must pay compensation to the seller in this respect. For the deterioration of the item and for drawn uses, you only have to pay compensation for the value insofar as the use or deterioration is due to a handling of the item that goes beyond the examination of the properties and the mode of operation. The term "testing of properties and functionality" refers to testing and trying out the respective goods, as is possible and customary in a retail shop, for example.

Goods capable of being sent by parcel post are to be returned at the risk of the seller. You have to bear the regular costs of the return shipment. The costs are estimated at a maximum of about € 35. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation declaration or the goods, for the seller with their receipt.

Special notes:

The seller may refuse to pay back until the goods have been returned or until he has provided proof that you have returned the goods, whichever is the earlier.

If you revoke the contract, this concerns the contract as a whole. If the contract also contains a service, for example, then this is also covered by the revocation. If a service is also covered by the contract, the contract can also be revoked in accordance with the terms and conditions that apply to the service.
End of the revocation instruction

…..................................................................................

SAMPLE REVOCATION FORM FOR PURCHASES OF GOODS

(If you want to cancel the contract, please fill in this form and send it back.)

An smart-collectors GmbH, Friedrichstr. 22,65185 Wiesbaden, Phone: +49 (0)611 13719170 E-Mail: info@smart-collectors.com
I/we (*) hereby revoke the contract for the purchase of the following goods concluded by me/us (*)
Ordered on (*)/received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communication on paper)
Date - Date

(*) Delete incorrect information.

……………………………………………………………..


12.2 Cancellation policy for the purchase of services

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform the

smart-collectors GmbH

Address:       Friedrichstr. 22,65185 Wiesbaden, Germany
Phone: +49 611 13719170
E-mail: info@smart-collectors.com


by means of a clear declaration (e. g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.

Revocation consequences

If you revoke this contract, the seller must return all payments received by smart-collectors GmbH from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favourable standard delivery offered by the seller) to smart-collectors without delay and at the latest within fourteen days from the day on which smart-collectors received notification of your cancellation of this contract. The seller will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will the seller charge you for this repayment.

Special notes:

In the case of a service, your right of revocation expires prematurely if the contract is completely fulfilled by you and the seller at your express request before you have exercised your right of revocation. If you have requested that the service should start during the revocation period, you must pay the seller a reasonable amount corresponding to the proportion of services already provided up to this point in time at which you inform smart-colelctors of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided in the contract.

If you revoke the contract, this affects the contract as a whole. If, for example, the contract also contains a delivery of goods, this is also covered by the revocation. If a delivery of goods is also covered by the contract, the contract can also be revoked in accordance with the conditions that apply to the delivery of goods.

End of the revocation instruction

…..................................................................................

SAMPLE REVOCATION FORM FOR THE PURCHASE OF SERVICES

(If you want to cancel the contract, please fill in this form and send it back.)

An smart-collectors GmbH, Friedrichstr. 22,65185 Wiesbaden, Phone: +49 (0)611 13719170 E-Mail: info@smart-collectors.com
I/we (*) hereby revoke the contract for the provision of the following services concluded by me/us (*)
Ordered on (*)/received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communication on paper)
Date - Date

(*) Delete incorrect information.

13. Final provisions

13.1 We reserve the right to change our website or these Terms and Conditions from time to time and without notice. The version of the Terms and Conditions valid for your order is the version published on www.smart-collectors.com at the time of ordering, unless a change to these Terms and Conditions is required by law or by official order. In this case, the amendment of the business terms and conditions of smart-collectors GmbH shall be carried out in compliance with the legal requirements and shall also apply to previous orders.

13.2 Modifications or additions must be made in writing.
13.3 German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Berlin, Germany.
13.4 If one or more provisions of these terms and conditions of business are ineffective, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced as soon as possible by another provision which comes closest in its content to the invalid provision.

Smart-collectors GmbH Customer Service is available for questions, complaints and complaints:
Contact:
smart-collectors GmbH Customer Service
E-mail: info@smart-collectors.com
Phone: +49 611 13719170

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