Konditionen für Kaufinteressent:innen
Wir agieren hier als Vermittler, nicht als Händler.
Wenn Sie sich für ein bestimmtes Werk der hier vorgestellten tansanischen Künstlergeneration interessieren, bitten wir Sie, uns direkt zu kontaktieren (s. Contact). Der weitere Ablauf sieht dann idealerweise folgendermaßen aus:
Wir kontaktieren den/die Künstler:in und bitten ihn/sie, das Original zu David Kyungu in Dar es Salaam zu bringen. Dies kann bis zu einem Monat in Anspruch nehmen. Bei Abgabe erhält der/die Künster:in eine nicht rückzahlbare Anzahlung von 10% auf den von Ihnen gebotenen Kaufpreis, für die wir bürgen.
Gleichzeitig bitten wir Sie, eine Anzahlung auf den gebotenen Kaufpreis zu leisten. Die Höhe der Anzahlung liegt i.d.R. bei 50%. Die Anzahlung erhalten Sie bei Nichtgefallen des Originals nach spätestens drei Wochen zurück. Dafür haftet der deutsche Part des Projekts, Frtz Gleiß, der sich Ihnen gegenüber ausweisen wird und über dessen privates Konto alle Zahlvorgänge abgewickelt werden. Auch Sie bitten wir dann, uns einen Scan beider Seiten Ihres Personalausweises zuzusenden.
Bis Sie das Originalwerk betrachten können, können einige Monate vergehen. Das hängt vom Transportweg ab, den das Werk ab Dar es Salaam nimmt. Dafür gibt es drei Möglichkeiten:
- Wenn der Transport über uns läuft, übernehmen wir sämtliche Kosten und Risiken und warten, bis mehr als nur eine Interessenbekundung von möglichen Käufer:innen in Europa vorliegt und bündelnd diese entsprechend für einen Transport bei einer privaten Reise. Nachdem das Werk in Deutschland angekommen ist, besprechen wir dann den einfachsten Weg zu Ihnen.
- Sollten Sie einen privaten Weg sehen, das Werk in Dar es Salaam anzuschauen oder es zu sich zu holen, z.B. im Verlauf einer geplanten Reise von sich oder Freunden, besprechen wir das. In diesem Fall reduziert sich der finale Kaufpreis pauschal um 50 €, dem/der Künstler:in werden entsprechend weniger Kosten in Rechnung gestellt (vgl. Konditionen für Künstler:innen).
- Sollten Sie es eilig haben, organisieren wir einen direkten Transport mit DHL zu Ihnen. Die dabei anfallenden Kosten inkl. einer besonderen Versicherung müssen von Ihnen vorab übernommen werden und werden bei Nichtgefallen nicht rückerstattet. In diesem Fall reduziert sich ein finaler Kaufpreis pauschal um 100 €, dem/der Künstler:in werden entsprechend weniger Kosten in Rechnung gestellt (vgl. Konditionen für Künstler:innen).
Sollte Ihnen das Originalwerk zusagen, womit wir rechnen, verbleibt das Werk bei Ihnen und Sie überweisen den ausstehenden Restbetrag innerhalb von einer Woche auf das Ihnen zuvor mitgeteilte Konto. Gleichzeitig erhalten Sie eine von der/dem Künstler:in signierte Provenienzurkunde und der/die Künstler:in erhält in kürzest möglicher Frist seinen/ihren Anteil ausbezahlt.
Sollte Ihnen das Werk wider Erwarten nicht gefallen, nehmen wir es kostenfrei zurück (Ausnahme: DHL-Versand, den Sie bezahlen) und überweisen Ihnen Ihre Anzahlung schnellstmöglich zurück (spätestens nach drei Wochen).
Conditions for Artists - how it works
First of all: We do not operate an art trade or business. Our interest lays solely in promoting modern Tanzanian art on the European markets. This includes offering interested parties the opportunity to purchase the art.
What would we need for promoting your art?
- one (or more) high quality FOTO (.jpg) of an art work, which must be in a transportable state
- technical details (age of the work; acrylic, oil on canvas, makonde wood etc.)
- dimensions (hight x width x depth; weight)
- expected minimum price (to be discussed once more later)
- short bio of the artist (year of birth, education, exhibitions, exceptional previous sellings etc.)
- if existing: current and previous contacts to the German Cultural Industry or other Germans
- declaration that the work is not already being offered exclusively by another seller or gallery
- whereabouts of the artist and work, full contact details
After receiving this details, we will contact the offering artist and, if necessary, advice her/him on the prices to be expected in Germany (mostly higher than in Tanzania) and discuss the minimal price oncemore. Than we start to promote and auction the work all over Germany, Switzerland and Austria. If we are informed of genuine interest by a potential buyer, gallerist or exhibition curator we will inform the artist. Before each shipment he/she will be paid a tenth of the expected minimum price, money, which is not to be paid back under no conditions. Shipping will be organised and paid for by us. If the work is later sold (or otherwise raises money, e.g. through rental), the artist receives the largest share of the sales price after deduction of costs according to the following examples:
Art Work, 70 x 50 cm, minimal price predetermined by the artist: 300 €
selling price, e.g. 1000 €
- shipping and provisional re-framing costs (estimated*) - 150 €
- promotion costs, 10% of selling price - 100 €
- 10% of minimum price, paid in advance (- 30 €)
proceeds for the artist (30 € paid in advance included) 750 € (± 2m TZS)
If the work would be sold for the minimum price only, the example would look like this:
selling price 300 €
- shipping and provisional re-framing costs (estimated*) - 150 €
- promotion costs, 10% of selling price - 30 €
- 10% of minimum price, paid in advance (- 30 €)
proceeds for the artist (30 € paid in advance included) 120 € (± 330.000 TZS)
German VAT is not due.
The copyright remains with the artist. After a buyer has paid for a work, the artist will receive an invoice and her/his share as soon as possible. Unsold works will be shipped back to the artist after three years at the latest at our expenses. The 10% advance paying remains with the artist. - All transactions are counted in Euro, money transfer costs on account of the artist.
*: Shipping costs are calculatet unframed FOB Mikocheni/Dar es Salaam. The estimated amount is the maximum. It can be reduced if
- real costs became lower than expected. We will account for it.
- work has a selling price lower than €300. In this case we guarantee the artist a share of at least 40%.
- work is delivered directly to a German address in Münster, Hamburg or Celle.
If you are interested don’t hesitate to contact us.
Artist’s Agreement
This Artist’s Agreement applies to you if you submit art for publication or display by the the project „Promoting Tanzanian Art in Germany“ (referred to herein as „the project“). Please review these terms carefully, because by submitting your work to us, you (referred to herein as “Artist”) agree to be bound by each of these terms and conditions.
1. By submitting your work to the project, you are granting the project a non-exclusive, revocable, worldwide license to use, promote, and display your submission for commercial and non-commercial purposes, including on the project‘s website, Facebook and Instagram. This license includes, without limitation, the non-exclusive right to use and display your submission on the project‘s website, social media, publications and products. By submitting your intellectual property to the project, these terms are applicable to any the project print publication; the project will notify you of your intellectual property’s selection for exhibition, hereby instating an implied contract for print authorization unless otherwise noted by Artist.
2. Artist will participate in any income from the publication in accordance with the conditions mentioned above under "Conditions - How it works".
3. Work submitted by Artist, including the copyright and other rights of Artist in and to such work, remain the sole and exclusive property of Artist. The project will use reasonable commercial efforts to ensure that its publication or display of your work will be accompanied by appropriate copyright notices or equivalent attribution, displayed in reasonable proximity to the work on the project‘s website or other media or platform. Placement of any work or submission on the project‘s media or platforms, which may include ist Facebook, Instagram, website, print publication, or machine-accessed media, shall be in the project’s discretion.
4. You may terminate your license to the project at any time, for any reason, upon thirty (30) days advance written notice to the project, which form of notice includes electronic mail to the project’s contact adress in Germany, with proof of receipt by the project. The project reserves the right to remove, or decline to display or publish, any submission, for any reason, in its sole discretion, with or without notice. The project also reserves the right to terminate any user’s or Artist’s access to the website or its other media or platform, at any time, for any reason, in its discretion and without or with notice.
5. Artist warrants and represents to the project:
a. That their submission is the Artist’s original work.
b. That Artist is the sole owner of all right, title and interest in and to their submission, and has all requisite right and authority to submit such work to the project, to enter into this Artist’s Agreement, and to grant to the project this license.
c. That their submission does not infringe any other person’s or entity’s copyright, trademark, personal or privacy right, moral right, intellectual property right, or any other right.
d. Artist’s submission to the project, and the project‘s use, display, or publication of Artist’s submission will not violate, breach, or conflict with any license, agreement, contract, covenant or obligation to which Artist is a party or by which Artist is bound, or which otherwise involves the submission.
e. Artist’s submission is not comprised of, and does not include, material or images which are or may reasonably be perceived as obscene, pornographic, seditious, defamatory, threatening, liable to incite hatred, include libel or slander, or menacing.
f. Artist is over the age of eighteen years old or has explicit inheritance rights as dictated in the
application.
g. Artist agrees to defend, indemnify and hold the project harmless from any claim, demand, suit, action, proceeding or cost or expense arising out of or relating to Artist’s breach of any of the warranties above, Artist’s submission, or any breach of Artist’s obligations or covenants set forth in these terms and conditions.
6. All services provided by the project, if any, including the operation of its website, media or platforms, are provided “as is.” The project disclaims any and all liability in connection with Artist submissions and the operation and display of its website, media and platforms. Neither the project nor its owners shall be liable to Artist for any reason or in any way, including, without limitation, in connection with publication or display of Artist’s submission, a declination to publish or display Artist’s submission, removal of Artist’s submission, or the content of the project‘s website, media, platform or other publication. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to Artist, some or all limitations and disclaimers of the project may be inapplicable and Artist may have other or additional rights.
7. The project may modify or amend these terms and conditions upon notice to you, including electronic notice.
8. Submitting your work to the project is free of charge.
These terms and conditions shall be governed by the laws of the Federal Republic of Germany. Place of jurisdiction is Celle. It shall be the sole and exclusive forum for any disputes arising out of these terms and conditions or otherwise Artist’s submission of work.
Conditions for participation in the traveling exhibition
“Contemporary Art from Tanzania” in Germany 2024/2025
The parties
- Exhibitor, represented by F. Gleiß, Gustav-Tweer-Weg 14, D-48167 Münster, fritzgleiss@yahoo.com
- Artist ………………………………………………………………………………………………………..…
on the next three pages agree as follows:
Participation in the exhibition is free of charge. However, works must be loaned out free of charge for approximately three years.
The Exhibitor does not operate an art trade or business. He acts as the curator of the planned exhibition and reserves the right to select and exclude certain works. His interest lays solely in promoting modern Tanzanian art on the European markets, even electronically. This includes offering the opportunity to purchase art works presented.
For participation the Artist delivers:
- Until June 2024 at the latest: two to four selected works delivered at the Dar es Salaam address of David Kyungu, Matatizo Media, Bima Road 12, Mikocheni B, +255 754 567 110. The works must be not framed and easy to transport.
- A high quality foto (.jpg) of each submitted work, to be send to the Exhibitors e-mail-address
- Technical details: title, age of the work; materials, dimensions (hight x width x depth; if it matters also weight)
- Expected minimum price (exception: The Artist declares a specific work as not for sale.)
- Unless it's not published allready on tanzaniart.de: short bio
- If existing: current and previous contacts to the German Cultural Industry or other Germans
- Full contact details
- For each work individually:
1. signed declaration 1 (form) that the work is not already being offered exclusively by another seller or gallery
2. signed declaration 2 (form) by the Artist that he is making his/her work available for the traveling exhibition free of charge and agrees that the work can be borrowed for a maximum of three years.
The Exhibitor is responsible for the safety of the work and ensuring that the work, if it remains unsold, is returned to the delivery address (see above) by June 2027 at the latest. This period can be canceled by the Artist at any time at his own expense. This must be communicated to the Exhibitor in writing by e-mail.
After receiving the work and it’s details, the Exhibitor will start to promote the work all over Germany, Switzerland and Austria. Shipping will be organised and paid for by the Exhibitor.
Each work will be incorporated into a traveling exhibition which shall tour Germany between October 2024 and May 2026. The Artists will be informed about the whereabouts. If the Exhibitor is informed of genuine interest by a potential buyer, gallerist or curator, he will inform the Artist.
If wished, the Artist may declare a specific work as not for sale. The Artist agrees that all other submitted works may be sold by the Exhibitor during the exhibition period (June 2024 to May 2027) under the following conditions:
If the work is sold (or otherwise raises money, e.g. through rental), the Artist receives his/her share of the sales price after deduction of costs according to the following example:
Art Work, 70 x 50 cm, selling price, e.g. 1.000,- €
- shipping and provisional reframing costs (lump sum)* - 150,- €
- promotion costs, 10% of selling price - 100,- €
proceeds for the Artist 750,- € (± 2m TZS)
*The lump sum can be reduced if the real costs are significantly lower in individual cases.
If the work would be sold for a price lower than 300,- €, the Exhibitor guarantees the Artist a share of at least 40%. Costs for money transfer are borne by the Artist.
By signing the Artist also agrees to the following conditions:
This Artist’s Agreement applies to you if you submit art for the planned traveling exhibition (see above) as well as for publication or display by the the project „Promoting Tanzanian Art in Germany“ (referred to herein as „the project“, tanzaniart.de). Please review these terms carefully, because by submitting your work to the exhibitor, you (referred to herein as “Artist”) agree to be bound by each of these terms and conditions.
1. By submitting your work to the Exhibitor or project, you are granting a non-exclusive, revocable, worldwide license to use, promote, and display your submission for commercial and non-commercial purposes, including on the project‘s and other websites connected tot he exhibition, on Facebook and Instagram. This license includes, without limitation, the non-exclusive right to use and display your submission on the project‘s website, social media, publications and products. By submitting your intellectual property to the project, these terms apply to all printed publications of the Exhibitor and the project; you will be notified of your intellectual property’s selection for exhibition, hereby instating an implied contract for print authorization unless otherwise noted by Artist.
2. Artist will participate in any income from the publication in accordance with the conditions mentioned above.
3. Work submitted by Artist, including the copyright and other rights of Artist in and to such work, remain the sole and exclusive property of Artist. The project will use reasonable commercial efforts to ensure that its publication or display of your work will be accompanied by appropriate copyright notices or equivalent attribution, displayed in reasonable proximity to the work on the project‘s website or other media or platform. Placement of any work or submission on the Exhibitors and project‘s media or platforms, which may include Facebook, Instagram, website, print publication, or machine-accessed media, shall be in the Exhibitor’s and project’s discretion.
4. You may terminate your license to the project at any time, for any reason, upon thirty (30) days advance written notice, which form of notice includes electronic mail to the project’s contact adress in Germany mentioned above as „Exhibitor“, with proof of receipt by him. The Exhibitor and project reserve the right to remove, or decline to display or publish, any submission, for any reason, in its sole discretion, with or without notice. The Exhibitor and project also reserve the right to terminate any user’s or Artist’s access to the website or its other media or platform, at any time, for any reason, in its discretion and without or with notice.
5. Artist warrants and represents to the Exhibitor and project:
a. That the submission is the Artist’s original work.
b. That Artist is the sole owner of all rights, title and interest in and to his/her submission, and has all requisite rights and authority to submit such work to the Exhibitor and project, to enter into this Artist’s Agreement, and to grant this license.
c. That his/her submission does not infringe any other person’s or entity’s copyright, trademark, personal or privacy right, moral right, intellectual property right, or any other right.
d. Artist’s submission to the Exhibitor and project, and its use, display, or publication will not violate, breach, or conflict with any license, agreement, contract, covenant or obligation to which Artist is a party or by which Artist is bound, or which otherwise involves the submission.
e. Artist agrees to defend, indemnify and hold the Exhibitor and project harmless from any claim, demand, suit, action, proceeding or cost or expense arising out of or relating to Artist’s breach of any of the warranties above or any breach of Artist’s obligations or covenants set forth in these terms and conditions.
6. All services provided by the Exhibitor and project, if any, including the operation of its website, media or platforms, are free of charge to the Artist and are provided “as is”. The Exhibitor and project disclaims any and all liability in connection with Artist‘s submission and the operation and display of its website, media and platforms. Neither the Exhibitor or project nor its owners shall be liable to Artist for any reason or in any way, including, without limitation, in connection with publication or display of Artist’s submission, a declination to publish or display Artist’s submission, removal of Artist’s submission, or the content of the project‘s website, media, platform or other publication.
7. The Exhibitor or project may modify or amend these terms and conditions upon notice to the Artist, including electronic notice.
These terms and conditions shall be governed by the laws of the Federal Republic of Germany. Place of jurisdiction is Celle, the relevant language is English. It shall be the sole and exclusive forum for any disputes arising out of these terms and conditions or otherwise Artist’s submission of work.
Artist’s name in block letters: ……………………………………………………………………..
location, date artist’s signature
Celle, February 8, 2024 exhibitor’s/project’s signature
Declaration 1
I hereby certify that I own the sole copyright for the work I have submitted
…………………………………………………………………………………………………………………….
title, year, material, dimensions
and that there is no one who has an exclusive right to sell this work.
Location, date signature
Declaration 2
I hereby certify that I own the sole copyright for the work I have submitted (see Declaration 1 above) and that I have agreed on the conditions above and making the work available free of charge for the planned traveling exhibition
„Contemporary Art from Tanzania“ in Germany between June 2024 and May 2027.
I lent the work for a maximum of three years.
In this period it may be sold by the Exhibitor for at least …………….……………..… TSH (± ………….…. €).
(Any sales proceeds will be distributed asap to me, the artist, after deducting the lump sum of €150 for shipping and reframing and 10% advertising costs. Money transfer fees are borne by me, the artist.)
Location, date signature