Conditions of sale

1 Basics
These conditions of sale set out the terms and conditions on buying and selling artworks on the Listir marketplace. Please read these conditions of sale carefully before buying or selling any artwork on Listir (referred to as Listir, “we”, “us”, “our” and “ourselves” in these conditions of sale).

By registering, buying or selling an artwork on Listir, you (also referred to as the “buyer”, “seller”, “collector”, “you” and “your” in these Conditions of Sale) agree that these Conditions of Sale shall be contractually binding on you.

Listir reserves the right to make changes to these conditions of sale at any time. All registered users will be informed about any changes. Continuing to buy and sell artworks in our marketplace will constitute your agreement to the new conditions of sale.

2 Marketplace participants
2.1 Listir
Listir is an online marketplace where art collectors can buy and sell contemporary art. Our service provides a platform for these transactions to take place.

2.2 Sellers
1. The owner of the artwork is always the seller (not Listir).
2. The contract of sale will be directly between the buyer and the seller, and not between the buyer and Listir.
3. By listing an item on Listir, you agree that the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to list or sell items they do not possess or are illegal, fake, counterfeit, or stolen.
4. For artworks listed with a “fixed price”, sellers are required to sell these items at the listed price to customers that meet the seller’s terms.
5. The seller can remove artworks from Listir at any time.
6. The sellers are anonymous, no personal information will be revealed.

2.3 Buyers
1. The buyer buys directly from the seller, not from Listir.
2. As soon as you place and confirm your purchase, you accept and agree that purchases are final and that you may not retract, amend or revoke your purchase.
3. Buyers who have identified an artwork on Listir they would like to purchase, are not allowed to bypass Listir and finalize the transaction outside Listir to avoid paying the 10 % buyer’s premium.
4. The buyers are anonymous, no personal information will be revealed.

3 Registration
1. To buy and sell artworks on Listir you will need to create a Listir account, and you must be at least 18 years old.
2. Every seller has been approved by Listir after a thorough review (personal meeting).
3. To register to buy or sell, you are required to supply a valid debit or credit card in your name or other accepted payment information.
4. If you registered as a company buyer or seller, your company will need to pay for any purchases via a credit card issued to the company account and not a personal account.
5. If you, in our opinion, do not satisfy our registration procedures, we may decline to permit you to register as a buyer or seller.

4 Artworks
1. Listir’s niche is
• contemporary art: from around 1970 til today; by
• established artists: strong secondary market / represented by a recognized gallery; in the
• mid-priced segment: from minimum $1,000 and above
2. Sellers can either list artworks at a “fixed price”, a “price range” or as “open to offers”. Buyers who are interested in artworks which have no fixed price, may contact the seller and make an offer for the artwork (sellers and buyers remain anonymous).
3. The seller/Listir describe the artworks listed on Listir (artist, period, condition, materials, dimensions, provenance, price history, etc.). The descriptions are the seller’s and Listir’s opinion and should not to be relied on as a statement of fact.

4.1 Details
The seller includes description of the artwork, to his/her best knowledge:
• Year of creation
• Size (with and without frame)
• Unique artwork / part of an edition (if edition: edition number, size of edition)
• Signature (yes/no, placing of the signature)
• Medium/technique/material (of artwork and frame/glass).

Listir might change and clarify any descriptions from the seller.

4.2 About artwork
Listir writes a short text about the artist and the artwork.

4.3 Images
Images are taken by either the seller or by a third-party photographer hired by the seller (e.g. through Listir). The images may not show the condition of an artwork 100% clearly. Colors and shades may look different on the screen to how they look on physical inspection.

4.4 Condition
Artworks listed on Listir are sold “as is”, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Listir or by the seller. The condition of artworks can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature means that they will rarely be in perfect condition.

Artworks below $20.000
1. Seller’s self-assessment: The seller makes a condition report of his/her artworks, to the best of his/her ability. This, together with the images of the artwork, should give buyers a good indication of the condition. These condition reports may help you evaluate the condition of an artwork and are for guidance only. They offer the seller’s opinion, but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because the sellers are not professional restorers or conservators. For that reason, these self-assessments are not an alternative to taking your own professional advice.
2. Professional condition report on request: Buyers might request an independent condition report done by third-party art conservators acquainted to Listir.

Artworks above $20.000
1. Artworks priced at approx. $20.000 and above will in most cases have a condition report executed by professional art conservators.

4.5 Authenticity
The seller must prove ownership of the work and trace its origin. Listir do not provide any guarantee in relation to the nature of an artwork.

4.6 Provenance
Seller describes the ownership history of an artwork, as far back he/she has knowledge of. Gallery/ auction house receipts will be provided whenever possible.

4.7 Price
1. The seller sets the price of the artworks he/she wants to sell on Listir.
2. To give both buyer and seller a better understanding of what might be a fair price for an artwork, Listir provides an overview of historically realized auction prices for the artwork and/or similar artworks by the artist. There are a lot of factors impacting auction prices, so the price history overview is more an indication of what might be a fair price, than an exact valuation of the artwork.
3. Listir do not follow all the world’s auction houses, so every possible sale may not be included in the overview. Also, it will normally take some days before the latest auctions process are included.
4. Prices are based on the condition, rarity, quality, provenance, and – last but not least – on buyers interested in the artwork. Prices change over time. Therefore, you should not rely on any sales price as a prediction or guarantee of the artwork’s future selling price.

5 Charges to sellers and buyers
Listir will for every listing, as far as possible, show the total purchase price and which elements make up this price:
• The price of the artwork
• Buyer’s premium of 10 %
• Taxes
• Artist Resale Royalty
• Shipping and related costs and charges including Loss/Damage Liability (LDL) charges
• Bank and payment fees

5.1 Seller’s commission
The seller’s commission is 0%; it is free of charge to sell artworks on Listir.

5.2 Buyer’s Premium
Listir take only a 10 % commission from buyers. If a collector is willing to sell an artwork for e.g. $10,000, the buyer pays Listir $1,000 in buyer’s premium (in addition to the $10,000 for the artwork).

5.3 Taxes
The buyer is responsible for any applicable tax including any VAT, sales or compensating use tax or equivalent tax wherever such taxes may arise on the artwork’s sales price + the buyer’s premium.

5.4 Artist’s Resale Royalty
In certain countries, you must pay a royalty known as “artist’s resale right” when you sell any artwork created by the artist. If these laws apply to an artwork, Listir will inform the buyer/seller about his/her responsibility to pay the royalty and give instructions on how and where to pay the royalty.

5.5 Bank and payment fees
Buyers must pay any fees charged by banks and/or other financial services (credit card fees, cross-border transaction fees, PayPal fees, etc.). Listir will, as far as possible, show upfront the fees connected with choosing certain payment alternatives for purchases (e.g. PayPal).

5.6 Shipping and handling
See chapter 7.

6 Payment
6.1 Purchase Price and How to Pay
1. We will only accept payment from the registered buyer. Once issued, we cannot change the buyer’s name on an invoice or re-issue the invoice in a different name.
2. You must pay for any artwork bought at Listir by a permitted credit or debit card in your name or by bank transfer. We will only accept debit or credit cards with a MasterCard, Visa, or American Express.
3. If you registered as a company, your company will need to pay for any purchases via a debit or credit card issued to the company account.
4. Partial payment of an artwork, or payment across multiple debit or credit cards for a single artwork, will not be allowed.
5. Payment information is collected and processed directly by a third-party service provider (“Payment Service Provider”) and not by Listir.
6. Listir does not have access to or retain any credit card information.
7. By making a payment online via credit or debit card, you: (i) warrant that you are the cardholder; and (ii) acknowledge that Listir has no liability for your payment not reaching us where, for example payment is refused or declined by your card supplier. It is your responsibility to check with Listir and/or your card supplier that the payment has been accepted.

6.2 Payment Method – Credit Card Charges
Please note that if you pay for your purchase using a credit card issued outside the region of the seller, depending on the type of card and account you hold, the payment may incur a cross-border transaction fee. If you think this may apply to you, please check with your card supplier before proceeding to check-out.

6.3 Transferring Ownership from seller to buyer
You will not own the artwork and ownership of the artwork will not pass to you until we have received full, clear and undisputed payment of all amounts due.

6.4 Transferring risk to buyer
1. The risk in and responsibility for the artwork will transfer to the buyer when the artwork comes into his/her physical possession or that of any person or carrier authorized to take possession of the artwork.
2. The artwork is at the buyer’s risk if he/she chooses to exercise any rights to cancel the contract for the purchase of the artwork and he/she is responsible for insuring the artwork against loss or damage until it is returned to us.

7 Shipping and handling
7.1 Shipping
As soon as the buyer has made the transaction, Listir will, together with the buyer and the seller, find the most suitable transportation solution for all parties involved. (In the foreseeable future, this will be done automatically).

7.2 Charges
Buyers are responsible for paying all shipping and insurance costs, which in turn may depend on the distance the artwork will travel.

7.3 Customs Duty and Tax
Customs duty and import tax are specific to a particular country. Customs authorities in each country calculate duty and tax based on a number of factors, including:
• the value of the artwork (the price you paid)
• the category in which the artwork is classified in the international Harmonised Code (HS) system
• for most countries, the shipping charge you pay will also be factored in to the calculation of the duty you will pay.

7.4 Loss or Damage during Shipment
1. Be sure to check the details of your purchase carefully on receipt and check the contents of the package(s) promptly upon receipt. If you have a problem with the artwork, contact Listir.
2. On rare occasions, a package may be lost or the contents damaged during international shipment no matter how carefully it is handled. If your package is lost or damaged in international transit, you will need to submit a claim within 14 days of the date of delivery, or within 14 days of the date you received confirmation that it was lost. To make a claim, contact Listir.

8 Warranties
8.1 Seller’s Warranties
1. Because Listir is not directly involved with transactions between buyers and sellers, you agree to release Listir from claims, demands, and damages related to transaction disputes.
2. Listir Assurance Policy: All of our sellers are required to accept the following Listir policy: A buyer may return an item purchased through Listir, if the item received is not as described in/ substantially different from its listing or is found to be inauthentic. To receive a refund, the buyer must notify Listir of his intention to return the item as “not as described” within seven (7) days of receipt. Additionally, the Buyer must notify Listir within thirty (30) days if the item has been found inauthentic. Right of return applies only to the original purchaser and is non-transferable.
3. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. Listir will, if asked to, step in to mediate disputes between buyers and sellers on our platform. During mediation, Listir may apply full or partial refunds to resolve disagreements.
4. For each artwork, the seller gives a warranty that the seller:
(i) is the owner of the artwork or a joint owner of the artwork acting with the permission of the other co-owners or, if the seller is not the owner or joint-owner of the artwork, has the permission of the owner to sell the artwork, or the right to do so in law; and
(ii) has the right to transfer ownership of the artwork to the buyer without any restrictions or claims by anyone else.
5. If either of the above warranties are incorrect, the seller shall not have to pay more that the purchase price paid by you.

8.2 Disclaimer of Additional Warranties
We have no responsibility to any person other than a buyer in connection with the purchase of any artwork.

9 Other important terms
9.1 Events outside the control of Listir or the Seller
Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we, you or the seller has under these Conditions of Sale which is caused by circumstances beyond our, your or the seller’s reasonable control.

9.2 Our ability to cancel
In addition to the other rights of cancellation contained in these Conditions of Sale, we can cancel a sale of an artwork if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.

9.3 Personal information, Privacy and Data Protection
1. In order to get your purchase shipped internationally to you, we provide certain personal information about you to your chosen shipping partner (including the shipping partner’s affiliates and trusted suppliers as necessary), including your name, delivery address, phone number, the product(s) you buy from Listir, the price you pay for the artwork(s), and the weight and dimensions of the package.
2. Card and other payment information is collected and processed directly by a third-party service provider (“Payment Service Provider”) and not by Listir. We provide the following information to the Payment Service Provider to enable payment to be processed: (i) name; (ii) billing address; and (iii) transaction amount. The information submitted and used for processing payments is as below:
– Name and contact details including shipping and billing addresses
– Credit or Debit Card information
– Total transaction value
– Your IP Address from which you are checking out from
3. Listir does not have access to, or retain any credit card or other payment information details.