TERMS OF SALE

for the digital artwork THE LAST INPUT, Edition 1 of 1

1. Scope – businesses only

  1. These terms apply to the sale of the digital artwork "THE LAST INPUT" (Edition 1 of 1, the "Work") by Michael Gluska, Berlin (the "Author").
  2. The Work is sold exclusively to businesses (entrepreneurs within the meaning of § 14 of the German Civil Code, BGB), legal entities under public law and special funds under public law. There is no sale to consumers (§ 13 BGB). By submitting an offer, the bidder confirms acting in the course of their trade, business or profession.
  3. Deviating terms of the buyer do not apply, even if the Author does not expressly object to them.

2. Offer and conclusion of contract

  1. The presentation of the Work and of the offer system ("The Vault") is not a binding offer by the Author but an invitation to submit offers.
  2. [OPTION A:] An offer submitted via "The Vault" is a binding offer to acquire the Work at the stated price. The bidder is bound by the offer for [14] days (§ 148 BGB).
    [OPTION B: An offer is a non-binding expression of interest. A binding offer is only made within the written purchase agreement.]
  3. The automatic message "Offer received" only confirms receipt and is not an acceptance.
  4. A contract is only concluded through the Author's express acceptance in text form and the conclusion of a written purchase agreement, which takes precedence over these terms. The Author is not obliged to accept any offer, including the highest.

3. Price and payment

  1. All amounts are in euros [plus statutory VAT where applicable; for businesses in other EU member states, reverse charge may apply].
  2. The Author issues an invoice. Payment is made by bank transfer within 14 days of the invoice date.
  3. Delivery and the grant of rights under section 5 only take place after full receipt of payment.

4. Subject matter and delivery

  1. Delivery is digital: a download package containing the complete website of the Work without external dependencies, installation instructions (English) and a Certificate of Origin with the SHA-256 checksum of the delivered package.
  2. The download is provided via a time-limited link. Before delivery, the buyer's name is entered into the Work as its owner.
  3. After delivery, hosting, domain and operation are the buyer's responsibility.
  4. For one week after delivery, the Author provides support by email for questions about the installation.

5. Rights in the Work

  1. The copyright remains with the Author (§ 29 of the German Copyright Act, UrhG).
  2. The buyer receives the [exclusive, perpetual and worldwide] right to make the Work publicly available in unchanged form on domains of their choice and to show it as part of their communication, public relations and marketing. Changes are only permitted to the owner details and for technical operation.
  3. The buyer may not produce, distribute or offer further copies of the Work for third parties. [Resale: the edition may only be transferred to a third party as a whole, with the certificate and with deletion of all of the buyer's own copies; the Author is to be informed.]
  4. After handover, the Author takes the original offline and will not offer the Work again. [Archive copy: the Author keeps a non-public copy solely for documentation and support – or not?]
  5. [Portfolio: the Author may show the Work as images, videos and descriptions to document his practice.]

6. Warranty

  1. The Author warrants that the delivered package corresponds to the Work at the time the contract is concluded and runs in current versions of common browsers (Chrome, Safari, Firefox, Edge) at the time of delivery.
  2. No warranty is given for later changes to browsers, operating systems or hardware.
  3. Claims for defects become time-barred 12 months after delivery, to the extent permitted by law.

7. Liability

  1. The Author is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.
  2. In case of slight negligence, the Author is only liable for breach of essential contractual obligations, limited to the typical, foreseeable damage. Otherwise, liability is excluded.

8. Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. Place of jurisdiction is Berlin if the buyer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.
  3. These terms are available in German and English. In case of discrepancies, the German version prevails.
  4. Should any provision be invalid, the validity of the remaining provisions is not affected.