These General Terms and Conditions of Sale apply to any and all agreements entered into between Stelios Faitakis (hereinafter “Seller”) and any natural or legal person (hereinafter “Purchaser”) possessing either a Bill of Sale or a Certificate of Authenticity issued by the Seller. Please read these Terms and Conditions of Sale (‘terms’) and only proceed with your purchase if you wish to be bound by them. Please contact firstname.lastname@example.org if you wish to discuss any of the terms.
1.1. The terms constitute the entire agreement and understanding (“the agreement”) in relation to the sale and purchase of the work (or works) of art identified on the Bill of Sale (“the Work”) for the price stated on the Bill of Sale (being the agreed price for the sale of the Work to the Purchaser) (“Total Purchase Price”). To the fullest extent permitted by law no other terms express or implied shall apply.
1.2. All sales of Works by the Seller are subject to these terms. Without limiting the ways in which these terms apply, acceptance of these terms shall be demonstrated:
1.3. The Total Purchase Price shall be paid by the Purchaser to the Seller by one – off payment. Payment in instalments are subject to a special written agreement.
1.4. Proof of Payment: Payment of the Total Purchase Price shall be demonstrated:
1.5. The ownership of title to the material carrier of the Work shall pass to Purchaser after Proof of Payment has been received (“Completion”).
2.1. The Work constitutes an intellectual property of the Seller. For the avoidance of doubt, this sale does not transfer or assign or licence any copyright or other intellectual property rights to the Purchaser. During the period in which the Work is protected by copyright, the copyright remains with the Seller (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication or do any other act/exploitation restricted by copyright.
2.2. The Purchaser is obliged to respect and protect the Seller’s moral right on the Work, as provided for in the legislation in force. More specifically, the Purchaser:
2.3. Maintenance of the material carrier of the Work: The Purchaser hereby agrees that in order to maintain the material carrier of the Work in the best possible condition, in case any repair becomes necessary, he/she shall consult the Seller as to the measures to be taken for its repair, assuming all costs thereof.
2.4. Information: The Purchaser hereby agrees to provide the Seller at all times in the future, upon request and without any delay, with basic information on the location of the material carrier of the Work, i.e. merely information on the identity of the owner of the Work (also in case that the material carrier has been transferred to a third person) as well as whether the Work is being presented to the public or kept in storage. Such provision of information shall be purely informative and cannot be in any case deemed as a prerequisite for approval by the Seller of any licensed use of the Work by the Purchaser.
3.1. Promotion of the Work: In order to promote the Work and to support its widest possible dissemination, the Seller may suggest the use of the Work in exhibition or other public display, by any third party e.g. in the form of long- or short-term loan. In such case, the Purchaser shall allow any such loan of the Work, provided that such use is feasible and does not cause any inconvenience to him.
3.2. No waiver: The rights and remedies of each party to this Agreement are, except where expressly stated to the contrary, without prejudice to any other rights and remedies available to it. No course of dealing between any of the Parties or any delay or failure or time granted by any of them or partial exercise by any of them of any of its rights or remedies hereunder shall operate as waiver of any rights or remedies it or they or any of them may have or preclude the full exercise of such right or remedy or of any other right remedy it or they or any of them have at the discretion of that Party having the right to exercise such right or remedy.
3.3. Severability: Each provision of this Agreement is severable and distinct from the others and, if at any time, any term or provision in this Agreement is held void, illegal or unenforceable in any respect under any law, the Parties shall in good faith endeavour to agree on an alternative term or provision which has the same or equivalent meaning or effect. The validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
3.4. The Parties declared that they consider this Agreement to be forceful, valid and undisputable thus they waive all their rights for cancellation of this Agreement for typical or any other reasons.
3.5. The Parties enter into this agreement as independent professionals. It is hereby expressly and unconditionally acknowledged and agreed by the Parties that this Agreement does not create any kind of legal dependence between them. Furthermore, none of the clauses of this Agreement creates or can be considered to create any kind of agency agreement, management authority, direct or indirect power of representation, undivided joint right, brokerage, hire of labour, labour contract and generally any other kind of relationship apart from the one described herein.
4.1. The present Agreement is governed by and construed in accordance with the Greek Law;
4.2. If a dispute arises out of or in connection with this Agreement, including any question as to its existence, validity or termination, the Courts of Athens shall have exclusive jurisdiction to settle any disputes arising in the frame of such.