General Terms and Conditions for www.bartholomesculptures.com

1. Conclusion of Contract:

All offers made on www.bartholomesculptures.com are non-binding until confirmed in writing by Bartholomé Premium Sculptures AB. Any agreements become legally effective only upon our written confirmation. For all current and future orders, our terms and conditions apply exclusively unless expressly agreed otherwise in writing. Orders placed under the buyer’s standard conditions are considered accepted under our terms, even if we do not explicitly reject the buyer’s conditions. The buyer’s acceptance of goods constitutes acknowledgment of these terms.

2. Business Units:

**Our Store**:

Prices in our store are NET, excluding TAX, VAT, transport, packaging, insurance, and any other applicable charges. These additional costs will be invoiced separately and must be borne by the buyer.

**Custom-Made Sculptures**:

 **Pricing**: Prices for custom-made sculptures are provided to the customer in written form and include all applicable charges such as tax, VAT, transport, packaging, insurance, and delivery costs (Door to Door). The quoted price is final, and no further charges will be applied beyond what is stated in the written offer.

Marketplace for Artists:

Commission and Payment Processing: When artists list their works on our marketplace, they will pay Bartholomé Premium Sculptures AB a commission of 20% of their NET selling price. All payments from customers are processed directly by Bartholomé Premium Sculptures AB.

**Taxes and Additional Costs**: Artists (Vendors) are fully responsible for managing their own tax obligations, including VAT, as well as all costs related to transport, packaging, insurance, and any other expenses associated with the sale of their artwork. Bartholomé Premium Sculptures AB does not provide services related to these aspects. Artists are expected to manage their own shops independently, including handling the logistics of delivery and any required insurance for their sold items.

**Payment to Artists**: Bartholomé Premium Sculptures AB will automatically transfer 80% of the NETTO selling price to the Artist at the end of each month. Alternatively, Artists may request a withdrawal of funds as soon as the customer has paid the full BRUTTO price (including tax, VAT, transport, packaging, insurance, etc.) to Bartholomé Premium Sculptures AB.

3. Prices and Price Adjustments:

All prices in our Exclusive Shop are NETTO, excluding tax, VAT, transport, packaging, insurance, and any other applicable charges. These additional costs will be invoiced separately and are the responsibility of the buyer. Prices confirmed by us are considered fixed. However, in the event of significant economic changes, such as increases in labor and/or material costs or force majeure, we reserve the right to adjust our prices accordingly. If no specific offer has been made, we are entitled to charge market-standard daily prices.

**Custom-Made Sculptures**:

**Pricing**: All prices for Custom-Made Sculptures are quoted as BRUTTO, meaning they include all applicable charges such as tax, VAT, transport, packaging, insurance, and delivery costs (Door to Door). These prices are provided to the customer in written form and are final. We reserve the right to adjust prices in cases of significant economic changes, such as increases in labor and/or material costs or force majeure, but any adjustments will be communicated clearly in the written offer before acceptance.

**Marketplace for Artists**:

**Pricing and Commission**: Artists set their own NETTO prices in their individual shops on our Marketplace. These NETTO prices do not include tax, VAT, transport, packaging, insurance, or any other additional costs, which are the responsibility of the buyer. Bartholomé Premium Sculptures AB will deduct a 20% commission from the NETTO selling price before transferring the remaining amount to the Artist. In the event of significant economic changes or force majeure, Artists may adjust their prices accordingly. These changes must be promptly updated in their shop listings to reflect the new prices.

4. Shipping, Packaging, Transfer of Risk:

**Our Store**:

**Packaging and Shipping**: For products purchased through our Exclusive Shop, packaging, shipping, and the choice of transport method are at our discretion unless otherwise agreed upon with the buyer. Packaging and Shipping costs will be invoiced separately and are non-returnable. The risk passes to the buyer as soon as the goods are handed over to the postal service, railway, forwarding agent, or loaded for pickup, even if FCA delivery terms have been agreed upon. We reserve the right to make partial deliveries where reasonable, and industry-standard over- or under-deliveries are permissible.

B. **Custom-Made Sculptures**:

**Packaging and Shipping**: For Custom-Made Sculptures, packaging, shipping, and delivery are included in the BRUTTO price provided to the customer. We manage all aspects of transport from our premises to the final delivery destination (Door to Door), ensuring that the buyer receives the goods without additional logistics concerns. The risk passes to the buyer upon successful delivery to the specified address. We guarantee complete delivery, and partial deliveries will only be made if explicitly agreed upon in writing with the customer. If any delays occur during the shipping process, customers will be notified as soon as possible.

C. **Marketplace for Artists**:

**Packaging and Shipping**: Artists on our Marketplace are responsible for arranging their own packaging, shipping, and transport methods for the goods they sell. The costs of packaging and shipping are to be handled by the Artist and should be factored into their pricing as necessary. The risk passes to the buyer as soon as the goods are handed over to the postal service, railway, forwarding agent, or upon loading for pickup. Partial deliveries are permissible at the Artist’s discretion, provided they are within industry standards for over- or under-deliveries. Bartholomé Premium Sculptures AB is not responsible for these arrangements, and all logistics must be managed directly by the Artist.

5. Delivery Time:

**Delivery Times**: Delivery times provided are non-binding, and Bartholomé Premium Sculptures AB is not liable for any damages resulting from delays in delivery. For items in stock, the delivery time is typically 2-5 weeks. If an item is not in stock, the production time is approximately 4-8 weeks unless otherwise agreed upon. The transportation time, including customer service, ranges between 60-90 days.

**Custom-Made Sculptures**:

**Delivery Times**: The production time for custom-made sculptures is generally between 4-8 weeks, unless otherwise agreed upon with the customer. The transportation time, including customer service, typically ranges between 60-90 days. ” These timelines are estimates, and Bartholomé Premium Sculptures AB is not liable for any delays that may occur.

**Marketplace for Artists**:

**Delivery Times**: On the Marketplace, delivery times are determined by the Artists/Vendors in agreement with the customer. It is the responsibility of the Artist/Vendor and the customer to establish mutually acceptable delivery terms. Bartholomé Premium Sculptures AB is not responsible for any delays or disputes regarding delivery times on the Marketplace.

**Our Store**:

**Payment**: Invoices for purchases made through our store are due for payment within 10 working days from the invoice date unless otherwise specified. Payments must be made in Euro without any deduction, directly to the Bartholomé Premium Sculptures AB Stockholm bank account. Credit is granted once the payment is received by us. In case of payment default, interest will be charged at the standard bank rate.

6. Payment Terms:

**New Customers**: New customers purchasing from our Store are required to pay 100% of the order value in advance before any goods are dispatched.

**Special Conditions**: Deliveries to unknown companies are only made against advance payment or cash on delivery as a value shipment. Special tools are provided only against full advance payment, with final settlement upon delivery. If there is any deterioration in the buyer’s financial solvency or failure to comply with agreed payment conditions, Bartholomé Premium Sculptures AB reserves the right to modify payment terms. In the event of payment suspension or bankruptcy, the full purchase price becomes immediately due. Withholding payment or offsetting against counterclaims is not permitted.

**Custom-Made Sculptures**:

**Payment**: For Custom-Made Sculptures, payment terms will be outlined in the written offer provided to the customer. Payments must be made in Euro without any deductions and directly to the Bartholomé Premium Sculptures AB Stockholm bank account. The full amount is due as specified in the contract, and credit is granted once payment is received. In case of default, interest will be charged at the standard bank rate.

**New Customers**: New customers ordering Custom-Made Sculptures are required to pay 100% of the quoted price in advance before production or any services begin.

**Special Conditions**: For unknown companies, Custom-Made Sculptures are only produced against full advance payment. If there is any deterioration in the buyer’s financial solvency or non-compliance with the agreed payment terms, Bartholomé Premium Sculptures AB reserves the right to alter the payment terms. In the event of payment suspension or bankruptcy, the full purchase price becomes immediately due. Withholding payment or offsetting against counterclaims is not permitted.

**Marketplace for Artists**:

Payment Terms for the Marketplace

**Payment Process**: The full price (100%) must be paid directly to Bartholomé Premium Sculptures AB within 10 working days from the invoice date unless otherwise specified. This payment must be made in Euro, without any deductions.

**Disbursement to Artists**: After the full payment has been received and processed by Bartholomé Premium Sculptures AB, 80% of the NETTO selling price will be disbursed to the Artist (Vendor). This payment will be made at the end of the month or upon the Artist’s request, provided that the customer has paid the full BRUTTO price, including tax, VAT, transport, packaging, insurance, etc.

**Special Conditions**: Bartholomé Premium Sculptures AB reserves the right to withhold payments to the Artist/vendor if there are concerns about financial stability or non-compliance with payment conditions. In the event of payment suspension, bankruptcy, or other financial difficulties of the buyer, the full purchase price is immediately due to Bartholomé Premium Sculptures AB, and the Artist/vendor’s disbursement may be delayed until all financial obligations are settled. Withholding payment or offsetting against counterclaims by the Artist/vendor is not permitted.

**New Customers**: Artists/vendors selling on the Marketplace must ensure that customers understand and comply with the requirement to pay 100% of the order value to Bartholomé Premium Sculptures AB within the specified 10 working days.

7. Retention of Title:

**Our Store**:

**Custom-Made Sculptures**:

**Ownership**: All goods purchased through our store remain the property of Bartholomé Premium Sculptures AB until all claims related to the purchase are fully satisfied. This includes the full payment of the purchase price and any additional charges. The buyer may only sell or process reserved goods in the ordinary course of business as long as they are not in default. The buyer’s claims from the resale of reserved goods, including all ancillary rights, are assigned to Bartholomé Premium Sculptures AB in full, regardless of whether they are sold to one or more buyers. Unauthorized pledging or transferring of the goods before full payment is prohibited.

**Ownership**: All custom-made sculptures remain the property of Bartholomé Premium Sculptures AB until full payment is received, including any applicable taxes, VAT, transport, packaging, and insurance charges. The buyer may only utilize or resell these goods in the ordinary course of business, provided they are not in default. Any claims from the resale of these sculptures, including all ancillary rights, are automatically assigned to Bartholomé Premium Sculptures AB. Unauthorized pledging or transferring of the goods before full payment is strictly prohibited and may result in legal action to recover the goods or enforce payment.

C. **Marketplace for Artists**:

**Ownership**: For items sold on the Marketplace, all goods remain the property of the respective Artist (Vendor) until Bartholomé Premium Sculptures AB has received full payment from the buyer. Bartholomé Premium Sculptures AB holds the right to retain ownership of the goods on behalf of the Artist until all claims are fully settled. The buyer may not pledge, transfer, or resell the goods without the Artist’s consent and full payment being cleared through Bartholomé Premium Sculptures AB.

8. Limited Warranty:

**Our Store**:

**Warranty**: We offer a limited warranty of 7 days from the date of delivery for goods purchased through our store. This warranty covers defects in material or workmanship but excludes any damage resulting from misuse, improper handling, or modifications by the buyer.

**Custom-Made Sculptures**:

**Warranty**: Custom-made sculptures are covered by a limited warranty of 7 days from the date of delivery. This warranty is limited to defects in material or workmanship and does not cover damage due to misuse, improper handling, or alterations made by the buyer.

**Marketplace for Artists**:

**Warranty**: Goods purchased from Artists on the Marketplace are subject to a limited warranty of 7 days from the date of delivery, covering defects in material or workmanship as originally provided by the Artist. This warranty does not extend to damages caused by misuse, improper handling, or modifications by the buyer. Bartholomé Premium Sculptures AB facilitates communication between the buyer and the Artist regarding any warranty claims but is not directly responsible for the resolution.To initiate a warranty claim, the buyer must contact Bartholomé Premium Sculptures AB (or the respective Artist for Marketplace items) within 7 days of delivery, providing proof of purchase and detailed information about the defect.

9. Intellectual Property Policy:

**Our Store**:

**Ownership**: All designs, concepts, and products listed in our store are the intellectual property of the originator. Unauthorized reproduction, distribution, or commercial use of any content or works is strictly prohibited.

B. **Custom-Made Sculptures**:

**Ownership**: All custom-made sculptures, including their designs and concepts, are the intellectual property of Bartholomé Premium Sculptures AB unless otherwise agreed upon in writing. Unauthorized reproduction, distribution, or commercial use of these works is strictly prohibited.

C. **Marketplace for Artists**:

**Ownership**: All designs, concepts, and products listed by Artists on the Marketplace are the intellectual property of the respective Artists. Bartholomé Premium Sculptures AB retains the right to use images and descriptions of these works for promotional purposes on its platform. Unauthorized reproduction, distribution, or commercial use of any content or works is strictly prohibited.

**User-Generated Content**: By submitting content (e.g., reviews, images, or comments) to our platform, users grant Bartholomé Premium Sculptures AB a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display the content in connection with the platform’s operations and marketing.

10. Platform-Specific Terms:

**Exclusivity and Transaction Processing**:

 **Exclusivity**: Artists listing their works on our platform agree that these works will be exclusively sold through www.bartholomesculptures.com for a period of 3 months following the initial listing date. This exclusivity ensures that all sales and related transactions are processed through our platform.

**Post-Sale Transactions**: Artists and buyers agree to process all future transactions related to a work originally sold on our platform through www.bartholomesculptures.com. Circumventing this process, such as conducting private sales after the initial transaction, constitutes a breach of contract and may result in penalties, including removal from the platform.

**VIP Access**: We reserve the right to offer VIP customers, Ambassadors, exclusive early access to newly listed artworks. This exclusivity period, typically 24-48 hours, is at the discretion of Bartholomé Premium Sculptures AB.

**Points System (Loyalty Points) **:

**Buyers**: Buyers earn points for actions such as purchasing artworks, writing reviews, referring new customers, and participating in platform events. Points can be redeemed for discounts, exclusive access to artworks, or other benefits as outlined on our platform.

**Artists**: Artists earn points for each sale, achieving sales milestones, exclusive listings, and other participatory actions on the platform. Points can be redeemed for reduced commission rates, promotional opportunities, or materials vouchers.

**Bonus Points**: Bonus points may be awarded during promotional periods or for exceptional activities. Points are non-transferable and expire after a specified period (12 months) unless otherwise stated.

**VIP Status**: Accumulating a certain number of points may grant users VIP status, providing additional benefits such as exclusive previews, reduced commissions, or enhanced visibility on the platform.

11. Court Jurisdiction, Place of Performance:

**Our Store**:

**Legal Venue**: The place of performance for delivery and payment, as well as jurisdiction for disputes related to purchases from our Store, is Stockholm, Sweden. The contract remains binding even if individual points are deemed ineffective, and the ineffectiveness of individual conditions does not invalidate the entire agreement.

**Custom-Made Sculptures**:

**Legal Venue**: The place of performance for delivery and payment, as well as jurisdiction for disputes related to Custom-Made Sculptures, is Stockholm, Sweden. The contract remains binding even if individual points are deemed ineffective, and the ineffectiveness of individual conditions does not invalidate the entire agreement.

**Marketplace for Artists**:

**Legal Venue**: The place of performance for delivery and payment, as well as jurisdiction for disputes related to transactions on the Marketplace, is Stockholm, Sweden. The contract remains binding even if individual points are deemed ineffective, and the ineffectiveness of individual conditions does not invalidate the entire agreement.

12. Final Provisions:

These Terms and Conditions are effective as of September 2024 and may be updated periodically. Users will be notified of any significant changes in advance. Continued use of the platform constitutes acceptance of the updated terms.

Last Update of General Terms and Conditions: Stockholm, Sweden, 02.09.2024