Terms of Service

1. General

These Terms of Service apply to the use of david-pher.com and to the purchase of original artworks by David Pher through this website or directly from the David Pher studio where these Terms are incorporated into the transaction.

David Pher is a contemporary artist based in Berlin, Germany. The website david-pher.com is the official website for David Pher and presents original artworks, available works, exhibitions, studio information and selected projects.

By purchasing an artwork, you agree to these Terms of Service together with the applicable Shipping Policy and Refund and Return Policy.

Mandatory consumer rights under applicable law remain unaffected.

2. Original Artworks

Unless expressly stated otherwise, artworks offered on david-pher.com are unique original works by David Pher.

Each original artwork exists only once. Information including title, year, dimensions, medium and availability is provided on the individual artwork page.

Due to the handmade nature of original paintings, colours, textures, surfaces and material details may appear slightly different in photographs or on different screens.

3. Availability

The availability of original artworks is subject to confirmation.

Although the website is updated regularly, an artwork may become unavailable before the website has been updated, particularly where inquiries or acquisitions are being processed simultaneously.

An inquiry or reservation request does not constitute a completed sale.

Unless otherwise expressly agreed in writing, an artwork is considered sold once the applicable purchase agreement has been concluded and payment has been received.

4. Prices

Current prices for available original artworks are displayed on david-pher.com unless otherwise stated.

Prices are shown in the currency displayed for the relevant market or location. Applicable taxes are handled according to the relevant legal and tax requirements.

For original artworks that can be shipped internationally rolled in a protective tube, standard worldwide shipping is included in the listed price unless otherwise stated.

Works requiring specialist fine art transport, custom crating, air freight or other individual logistics may incur additional costs. Any such additional costs will be communicated before the purchase is completed.

For deliveries outside the European Union, customs duties, import VAT, local taxes or other import charges may apply and are generally the responsibility of the recipient.

5. Purchase and Contract Formation

An artwork displayed on david-pher.com may be acquired through the purchase or inquiry process available for that particular work.

Where the purchase is completed following a personal inquiry, the studio will confirm availability, price, payment details and relevant shipping arrangements.

Where applicable, an invoice will be issued for the purchase.

The exact point at which a legally binding contract is formed depends on the purchase process used and applicable law.

For consumer transactions concluded online, all legally required pre contractual information will be provided before the buyer becomes bound by the purchase.

EU consumer law requires important information such as the characteristics of the goods, total price, delivery arrangements and withdrawal rights to be communicated clearly before an online consumer becomes bound.

6. Payment

Payment for original artworks is generally made by bank transfer following receipt of an invoice unless another payment method has been expressly agreed or is made available through the website.

The artwork remains subject to availability until the applicable purchase arrangement has been confirmed.

The buyer is responsible for providing accurate billing and payment information.

7. Certificate of Authenticity

Every original David Pher artwork is supplied with a Certificate of Authenticity.

The certificate identifies the artwork and generally includes information such as the title, year, dimensions and medium.

The Certificate of Authenticity forms part of the provenance documentation of the artwork and should be retained by the collector.

8. Shipping and Delivery

David Pher ships original artworks to collectors worldwide from Germany.

Shipping arrangements depend on the dimensions, material, surface, construction and destination of the artwork.

Larger canvas paintings shipped internationally are generally professionally removed from their stretcher frame and shipped rolled in a protective tube.

Works that cannot be rolled may require professional fine art transport, a custom wooden transport crate or air freight.

The studio works with professional fine art logistics specialists, including Oliver Schütz Fineart Spedition, for appropriate handling and international transportation where required.

Detailed information about preparation, insurance, shipping, delivery times and international transport is provided in the Shipping Policy.

9. Delivery Times

Preparation and delivery times depend on the individual artwork, destination, professional art handler availability, carrier schedules, customs procedures and local import regulations.

Once payment has been received, the studio coordinates the necessary preparation and transport arrangements.

As a general guideline, most original artworks are prepared and delivered within approximately 1 to 3 weeks after payment. Exact delivery dates cannot be guaranteed unless expressly agreed.

10. Transport Insurance and Damage

Original artworks are shipped fully insured for transport.

If an artwork or its packaging shows signs of transport damage upon arrival, the buyer should document the condition with photographs and contact the David Pher studio as soon as possible.

The artwork and all original packaging should be retained until the matter has been resolved.

Mandatory statutory rights concerning damaged, defective or incorrectly supplied goods remain unaffected.

11. Returns and Right of Withdrawal

Consumers may have statutory cancellation and withdrawal rights depending on their country, the type of transaction and the circumstances of the purchase.

For consumers in the European Union, distance purchases generally carry a 14 day right of withdrawal, subject to statutory conditions and exceptions.

Details concerning cancellations, returns, return shipping costs, refunds and transport damage are set out in the Refund and Return Policy.

Nothing in these Terms limits mandatory statutory consumer rights.

12. Commissioned Artworks

David Pher accepts selected commissions depending on the project and current studio availability.

The dimensions, scope, price, payment schedule, estimated completion time and other relevant conditions of a commissioned artwork are agreed individually before work begins.

Commissioned works created according to a collector's individual specifications may be subject to different cancellation and withdrawal rules under applicable law.

Any applicable terms will be communicated as part of the individual commission agreement.

13. Ownership of the Physical Artwork

Following full payment and transfer of the artwork in accordance with the applicable purchase agreement, the collector acquires ownership of the physical artwork.

Ownership of the physical artwork is separate from intellectual property rights in the artwork.

14. Copyright and Reproduction Rights

Copyright and all applicable intellectual property rights in artworks by David Pher remain with David Pher unless expressly transferred in writing.

Purchasing an original artwork does not transfer copyright, reproduction rights, commercial image rights or licensing rights to the buyer.

The artwork may not be commercially reproduced, distributed, licensed, used for merchandise or otherwise commercially exploited without prior written permission.

Nothing in this provision restricts rights that cannot legally be excluded.

15. Images and Website Content

Images of artworks, photographs, texts, graphics, logos and other content published on david-pher.com are protected by applicable copyright and intellectual property laws.

Website content may not be commercially reproduced, distributed, modified or used without appropriate authorization.

Links to david-pher.com and ordinary personal sharing of publicly available pages are permitted, subject to applicable law.

16. Resale and Provenance

Collectors are encouraged to retain the original invoice and Certificate of Authenticity as part of the artwork's provenance.

A subsequent resale of the physical artwork does not transfer copyright or reproduction rights.

Where applicable, statutory artist resale rights remain unaffected.

17. Studio Visits

Original artworks may be viewed by appointment where available.

A studio visit, viewing appointment or reservation does not itself constitute a purchase unless a binding purchase agreement is subsequently concluded.

18. International Collectors

David Pher works with collectors internationally.

Shipping, customs, taxes and consumer rights may vary depending on the destination and the circumstances of the transaction.

Mandatory consumer protection rights applicable to an individual transaction remain unaffected by these Terms.

19. Accuracy of Information

The studio makes reasonable efforts to ensure that information on david-pher.com concerning artworks, dimensions, materials, prices and availability is accurate.

Minor variations in dimensions may occur due to the nature of handmade artworks.

Photographic representations are intended to show the artwork as accurately as reasonably possible, but colours and details may vary depending on lighting, photography and screen settings.

20. Changes to the Website and Terms

The content, available artworks and information presented on david-pher.com may be updated from time to time.

These Terms of Service may also be updated where necessary to reflect changes to the website, business practices or applicable legal requirements.

The version applicable to a purchase is determined according to the law governing the relevant transaction.

21. Governing Law

These Terms and transactions with the David Pher studio are governed by applicable German law, subject to any mandatory consumer protection provisions that apply to consumers in their country of residence.

Nothing in these Terms deprives consumers of mandatory protections that cannot legally be excluded by contractual agreement.

22. Contact

For questions concerning an original artwork, acquisition, payment, shipping, commissions or these Terms of Service, please contact the David Pher studio using the contact information provided on david-pher.com.