Three sections: who stands behind ARCHTUM ART, on what terms we broker, and how we handle your data.
ARCHTUM ART is a division of XENA AG. Responsible for this website and for the brokerage activity:
Unless stated otherwise, images on this website show public-domain works illustrating our field of activity. They do not constitute an offer.
These terms apply to enquiries made through this website. The brokerage mandate itself is always agreed separately in writing.
We broker works of art as a broker within the meaning of art. 412 et seq. of the Swiss Code of Obligations. We do not purchase the works offered for our own account, acquire no title to them and do not act as seller towards the buyer. The contract of sale is concluded exclusively between owner and buyer.
The fee is by agreement: before any activity, the rate, the basis of calculation and the paying party are recorded in writing. Under art. 413 CO the broker's fee is owed only if the contract comes about as a result of our activity. Acting for both parties requires their express consent (art. 415 CO).
We charge no listing, catalogue, photography or inspection fees. Third-party expenses – an external expert opinion, restoration or transport – are incurred only with prior written consent and charged on to the instructing party.
The owner warrants being entitled to dispose of the work and the accuracy of the information provided. We review condition, attribution and provenance with the care customary in the trade, but issue no expert opinions and give no warranty of authenticity or attribution. Where it matters, we involve recognised experts on request.
The purchase price passes directly between the parties. We accept no client funds and forward no payments. Where security is desired, we recommend an escrow account held by a lawyer or notary.
We do not broker works of unclear origin or subject to possible third-party rights. For cultural property the Swiss Cultural Property Transfer Act applies, including record-keeping and due-diligence duties; otherwise we observe the anti-money-laundering duties of care. Where there are substantiated indications, we check the work against the relevant registers of lost art.
Information about the work and the person is treated confidentially. Disclosure to specific interested parties occurs only with the instructing party's consent.
We are liable for intent and gross negligence. To the extent permitted by law, liability for slight negligence and for auxiliary persons is excluded. Statements on this website are non-binding and contain neither valuation nor investment advice.
Swiss law applies. Place of jurisdiction is Cham (ZG), unless mandatory provisions provide otherwise.
We process personal data in accordance with the Swiss Data Protection Act and, where applicable, the GDPR. The controller is XENA AG, Gewerbestrasse 11, 6330 Cham; contact: info@archtum.art.
Through the forms: name, e-mail, telephone, country and the details of the work or search mandate together with your message. On mere access to the website: technical log data such as IP address, time and browser, processed by our hosting provider to deliver the site and defend against attacks.
To answer your enquiry, to initiate and carry out a brokerage, to comply with legal obligations and to keep the service secure. No automated decision-making takes place.
To service providers processing on our behalf: form delivery (splitforms.com), hosting and delivery (Cloudflare), encrypted file transfer (Tresorit) and our e-mail provider. Data may be processed outside Switzerland, in particular in the EU and the USA; such disclosures rely on the safeguards recognised by the Federal Council. Details of your work are passed to interested parties only with your consent.
For as long as the purpose requires. Enquiries without follow-up are deleted after twelve months at the latest; for completed transactions the statutory retention period of ten years applies.
This website sets no advertising or tracking cookies. Cookie-free statistics from our hosting provider may be used for reach measurement; they build no profiles. Fonts are served from our own server, with no transfer to Google.
You may request information about the data we process about you, its correction, deletion or release, and object to processing. A short message to info@archtum.art suffices. You may also lodge a complaint with the Swiss Federal Data Protection and Information Commissioner.
Please do not send copies of identity documents, receipts or expert reports by e-mail, but via the encrypted route we indicate in our reply.