Sales agent contract

between
HMN International
represented by the Managing Director Mr. Eyk Himmel,
Preetzer Straße 23, 22335 Hamburg
- hereinafter referred to as „HMN“ –
and

- hereinafter referred to as contracting party „CP“ –

The contracting parties conclude the following contract.

§ 1 Contractual object

The „CP“ provides the internet portal „NEUNION - THE UNITY WINS“, operated by „HMN“, with works of his artistic work in the Online-ART-Gallery of the internet portal „NEUNION - THE UNITY WINS“ for sale to the NEUNION-Community.

§ 2 Rights and Duties of the Contractual Partner „CP“

(1) The „CP“ has the right at any time to make further works of his artistic work available

for sale on the Internet portal „NEUNION - THE UNITY WINS“.

(2) The presentation and administration of the exhibits of the „CP“ in the Online-ART-Gallery of the internet portal „NEUNION - THE UNITY WINS“ is free of charge.

(3) The „CP“ is obliged to make the exhibits exclusively available for sale to the internet portal „NEUNION - THE UNITY WINS“ for a period of 4 months, starting from the
day of upload to the Online-ART-Gallery.

Exceptions to exclusivity require the consent of „HMN“.
After the expiration of this period, the exclusivity expires and the „CP“ has the right to have the exhibit(s) deleted from the Online-ART-Gallery.

(4) The „CP“ makes the exhibits available for upload in the following file format:

- file format: jpeg, pdf / min.
- pixel: 1280 px at 72 dpi

For sculptures plus front view: side view right/left, rear view

(5) Furthermore, the „CP“ makes available for the presentation of his exhibits in the Online-ART-Gallery:

- his alias
- short vita of his artistic work
- information on name, type, size and material of the exhibit - price quote in Euro

The „CP“ will send the photographic material and the above information within 14 days of the contract taking effect to the following e-mail address: art@neunion.com

(6) The price offer indicated by the „CP“ in Euro is inclusive of the respective legal value added tax.

(7) In case of the conclusion of sale the „CP“ bears no further costs which concern the sending or delivery of the purchased object to the buyer.
The costs will be borne by the buyer.

(8) After receipt of the order confirmation by “SP” of “HMN”, “SP” has to provide “HMN” with the data for sending the goods via email to art@neunion.com within 48 hours, should these data differ from the address of the „VP“ given in this contract.

(9) The „SP“ undertakes, within 4 weeks of receipt of the order confirmation and expiry of the 14-day cancellation period, to send the goods to the buyer with due care in such a way that the goods are protected from any damage during transport.
The contracted transport company is liable for damage during transport.

 

§ 3 Rights and Duties of “HMN “

(1) „HMN“ is obliged to present the exhibits of the „CP“ in the Online-ART-Gallery of the internet portal „NEUNION - THE UNITY WINS“ in an appealing way and with all available information about the exhibit and the „CP“ in order to promote the sale of the exhibit.

(2) „HMN“ is obliged to provide the „CP“ with free access to the Online-ART-Gallery after uploading the exhibits.

The access data only entitle the „CP“ to view his exhibits in the Online-ART-Gallery.

(3) „HMN“ has the right to exclude sent picture material of exhibits with pornographic, racist, terrorist, violence-glorifying or other infringing content from uploading to the Online-ART-Gallery.

§ 4 Image rights

By submitting the image material, the „CP“ grants the company „HMN“ the non-exclusive right to publish the uploaded images on the following publication platforms:

- NEUNION – THE UNITY WINS - Facebook
- Instagram and
- Twitter

The right of publication is limited in time. It exists until the contract is revoked.

There is, however, no claim of the „CP“ to the publication of the pictures.
By submitting the pictures, the „CP“ further confirms that he is entitled to the full rights to the picture material or that he is permitted to submit the pictures for upload to the Online-ART-Gallery.

The „CP“ therefore confirms that the images are free of rights of third parties,
or - if rights of third parties exist - that the „CP“ has been granted all rights for the presentation in the Online-ART-Gallery of the internet platform
„NEUNION - THE UNITY WINS“.

If contrary to the aforementioned obligations of the „CP“, the rights of third parties are infringed by the publication of the photographic material in the above-mentioned publication platforms, the „CP“ indemnifies „HMN“ against any indemnity payments.

§ 5 Disclaimer

(1) „HMN“ only creates the mediation between the „CP“ and the prospective buyer. „HMN“ provides the „CP“ with the Internet platform „NEUNION - THE UNITY WINS“ for this purpose.“

(2) In the event of a sale, „HMN“ is not liable for any damage that may occur during the delivery or handover of the purchased object to the purchaser.

(3) „HMN“ is not responsible for any loss of data, in particular, those resulting from data transmission, technical defects, lost, damaged or delayed submissions due to network, hardware or software problems.

§ 6 Payment modalities and remuneration

(1) For each sale of an exhibit which results from the operation of „HMN“,
„HMN“ receives a commission from the „CP“ amounting to 25% of the sale price from the „CP“.
HMN“ undertakes to transfer 10% of the proceeds from the sale of an exhibit to the Charity-Art-Counter at its own expense. The „CP“ does not bear these costs.

(2) The commission is inclusive of the current value-added tax.
If the „CP“ is not entitled to deduct input tax, the value-added tax will not be

passed on.

(3) The „Sales Partner“ receives his financial claim only after expiry of the revocation period and receipt of the purchase price of the buyer by „HMN“ on the account specified by „VP“.

(4) To ensure optimal cooperation, the „CP“ is contactable for „HMN“ as follows:

§ 7 Term and termination

(1) The minimum term of the contract will be 4 months starting from the date on which the contract becomes effective.
Thereafter, the contract may be terminated by either party with a notice period of one month to the end of the month without giving reasons.

The right to extraordinary termination for good cause will not be affected by this. An important reason exists in particular if one of the parties violates its rights and obligations set forth in this contract or if trust in the contractual relationship is disturbed in any other way and adherence to the contract is no longer reasonable.

(2) Any notice of termination must be in a written form in order to be effective.

§ 8 Data protection

The „CP“ agrees that „HMN“ collects, processes and uses data resulting from this contract or the execution of the contract and transmits such data to the seller to the extent necessary. „ With regard to such data, „HMN“ will respect and comply with the applicable data protection laws according to GDPR dated May 25, 2018.

§ 9 Secrecy

(1) The contracting parties are obliged to maintain secrecy with regard to all facts, information and business secrets which have become known to them during the cooperation concerning the other contracting party. This duty of confidentiality also continues after termination of the contractual relationship.

(2) Confidential information within the meaning of this agreement is, in particular,
all technical and non-technical information, business secrets, know-how, operational procedures or insights into the business model and financing concept of „HMN“.

(3) The parties are obliged to compensate the other party for any damage arising from a breach of the above obligations.

§ 10 Final clauses

(1) Any disputes arising out of or in connection with this contract are exclusively

subject to the jurisdiction of the court at the registered office of „HMN“.

(2) This contract is subject to German law.

(3) All agreements between the parties are contained in this contract. Further agreements do not exist.

(4) Changes and amendments to this contract must be made in written form.

§ 11 Cancellation policy

(1) The „CP“ has the right to revoke the contract within 14 days after the effectiveness of the contract without giving reasons.
The revocation period is 14 days after the conclusion of the contract.

(2) In order to exercise your right of withdrawal, you must inform „HMN International“, Preetzer Straße 23, 22335 Hamburg, 0049-(0)40-85406726,
widerruf@neunion.com by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract.

(3) In order to comply with the revocation period, it is sufficient for the „CP“ to send notification of the exercise of the right of revocation before the expiry of the revocation period.

(4) Consequences of revocation
If the „CP“ revokes this contract, „HMN“ will delete all exhibits of the „CP“ in the Online-ART-Gallery, the pseudonym, the vita of his artistic work, information on name, type, size and material of the exhibit, as well as the price quote in Euro of the „CP“ upon receipt of the revocation by „HMN“.

§ 12 Severability clause

Should any provision of this contract be or become invalid or void, in whole or in part, or become invalid or void in whole or in part, as a result of a change in the law or the supreme court‘s decision or otherwise, or should this contract contain any loopholes, the parties agree that the remaining provisions of this contract will remain unaffected and valid. In such a case, the parties to the contract agree to replace the invalid provision with a valid provision which comes as close as possible to the me aning and purpose of the invalid provision and which can be assumed to have been agreed by the parties at the time of conclusion of the contract if they had known or foreseen the invalidity or nullity, taking into account the principle of good faith. The same shall apply if this contract should contain a loophole.