§ 1 Scope
(1) These General Terms and Conditions (GTC) govern the use of the “Artplaner” platform (hereinafter referred to as the “Platform,” “Artplaner,” or “we/us”) by artists who offer their artwork for sale, as well as by artists who simply wish to use a website to showcase their art (hereinafter referred to as “Artists” or “you”). Artplaner is operated by Artplaner UG (limited liability), Schweinsbrücke 11, 23966 Wismar, Germany, represented by Uli Lächelt.
(2) Artplaner offers Artists the opportunity to offer their artworks
(visual arts, painting, graphic art, sculpture) for sale internationally and to create their own catalog of works using various tools for management, categorization, and publication.
(3) These Terms and Conditions apply to all Artists who have an account with Artplaner, regardless of whether they offer their artworks for sale or simply use a website to showcase their art.
(4) These Terms and Conditions apply to all Artists using the platform. Our Terms and Conditions apply exclusively. Any deviating, conflicting, or supplementary general terms and conditions of the Artists shall only become part of the contract to the extent that we have expressly agreed to their validity. This requirement for consent applies in all cases.
(5) We reserve the right to refuse to enter into a contract if there are compelling reasons to do so. Such a reason may exist for us, in particular, if a conflict of interest exists or may arise, or if other legal or statutory reasons preclude it.
§ 2 Registration and Admission
(1) Registration is required to use the Artplaner platform. To do so, you must register with a valid email address and a password.
(2) Artists who wish to sell their artwork on Artplaner must apply. Admission is only available to Artists from countries where Stripe Connect is available, which we generally use for all payment processing. The list of eligible countries is displayed on the application form. There is no guarantee of acceptance. The decision regarding acceptance and the criteria for it are determined internally and do not constitute a general evaluation of the art or the Artist.
(3) Stripe Connect handles the onboarding process as well as ongoing identity and tax information verification. Artists who are not approved by Stripe Connect cannot be accepted by Artplaner.
(4) After successful acceptance, you will select a payment plan in your Artplaner account for the monthly or annual account fees.
(5) Each Artist may create only one account. Transferring the account to third parties is not permitted. You agree to take the necessary measures to ensure the confidentiality of your account information and password and to keep your password secret. In the event of account misuse or suspicion thereof, or in the event of misuse or loss of your password, you must notify us immediately. In such cases, we are entitled to suspend the account entirely or temporarily.
(6) Once the Platform has been activated for use, you may create a profile. All Artists are required to provide complete and truthful information. If you knowingly provide misleading or false information, you are liable for damages to the extent that we have suffered loss as a result of such false information. You are further obligated to indemnify us against any claims by third parties. Other claims, in particular claims for damages by third parties or claims for damages by potential contractual partners, remain unaffected.
(7) We reserve the right to verify specific information, for example, by requesting supporting documentation from you. We reserve the right to refuse to publish profiles if the profile in question does not align with our platform’s specialization or if the reliability of the information has not been sufficiently verified. This also applies if the content to be published violates legal requirements, official prohibitions, the rights of third parties, public decency, or our Terms and Conditions. We do not guarantee the accuracy of the information provided by you or by buyers.
(8) Once your profile has been activated, you can upload and make your artwork available on the Platform. The artwork will then appear on Artplaner in the purchase offers as well as in listings organized by genre and other categories. Buyers will now have access to your artwork and can purchase it through Artplaner. We are not affiliated with the services offered or the contracts entered into and assume no liability for them or arising therefrom, nor for the content or success of your listings.
§ 3 Requirements for Artists
(1) Artists who wish to sell their artwork on our Platform must be registered as a business. The information required for registration, including the tax ID number if the small business exemption applies, must be provided in the artist account. You are required to provide current and accurate information and to update it immediately in the event of any changes.
(2) We reserve the right to verify your information and, in the event of violations of these requirements, to refuse registration or suspend existing artist accounts. Registration will only be granted if all required information is correct and complete.
(3) You are personally responsible for the proper payment of your taxes, including sales tax. We assume no liability for Artists’ tax obligations; however, we report the relevant sales to the tax authorities as required by law.
(4) You must ensure that the artworks you offer comply with legal requirements and do not infringe on the rights of third parties. This includes, in particular, copyrights, trademark rights, and personality rights.
(5) You are required to research and specify the shipping costs for your artworks yourself. You are not obligated to ship to every country, but you must clearly state to which countries you ship your artworks.
(6) If an Artist violates these requirements, we reserve the right to suspend or delete the artist’s account. In such a case, there is no entitlement to a refund of fees already paid.
§ 4 Membership
(1) In order to offer services on the Platform, Artists must enter into a membership agreement to use the Platform. You may choose from the pricing plans offered on the website.
(2) Artists who wish to use only a website to showcase their art can create an account without any admission requirements. Depending on the plan, various features are available, though without the shop function and without integration with the Artplaner platform and its sales options.
(3) The presentation and promotion of options on our website do not constitute a binding offer to enter into a contract.
(4) A contract is not formed until we accept your order by issuing a statement of acceptance or until we provide the service.
(5) Once your membership is active, you can publish your artist profile at for the agreed-upon duration.
(6) You are free to design your profile and offers and manage them as you see fit, provided they comply with our guidelines. However, you are responsible for complying with all applicable laws and regulations and shall indemnify us against any damages or claims by third parties arising from violations thereof.
§ 5 Prices and Payments
(1) The membership prices for Artists listed on the website are gross prices and include value-added tax.
(2) The agreed-upon subscription price for Artists with a website is due immediately upon registration. Otherwise, payment is due only after successful acceptance following the application.
(3) Unless expressly agreed otherwise, payment may only be made using the payment methods listed on the website. Access to the service will not be activated until payment has been received.
(4) You are not entitled to set off any claims against our claims unless the counterclaims have been legally established or are undisputed.
§ 6 Term and Termination
(1) Unless expressly agreed otherwise or specified on the platform, a membership for Artists is concluded for a term of at least one month. The exact term is determined by the respective subscription.
(2) Both parties are entitled to terminate the subscription with one month’s notice prior to the end of the term. If notice of termination is not given or is not given in a timely manner, the membership is automatically extended for the original contract term and may be terminated with the aforementioned notice period.
(3) All notices for termination must be in writing. The right to terminate the contract for cause remains unaffected.
§ 7 Brokerage Services
(1) We do not provide any services of our own. The service offered on the Platform consists solely of facilitating contacts between Artists and buyers and providing access to the Platform. There is no entitlement to the facilitation of a specific number of contract conclusions.
(2) We act solely as an intermediary and are not responsible for the content of your offers. We assume no warranty or liability for the accuracy, quality, availability, or legal admissibility of the services offered. Each contract is concluded exclusively between you and the respective customer. Any claims arising from or in connection with the offers must be asserted exclusively against you.
(3) For Gold Artsy and Platinum Artsy memberships, however, we act as the seller vis-à-vis the buyer. In this case, you grant us a non-exclusive, non-transferable right to use the image and text materials you provide, as well as illustrations of your works, which will be used exclusively for marketing purposes in Artsy.
(4) For those of you registered under the Gold Artsy and Platinum Artsy memberships, Artsy’s currently valid Terms of Use apply in addition to our Terms and Conditions. These terms can be viewed at www.artsy.net/terms. You do not receive direct access to Artsy; we handle all necessary steps, including the regular maintenance and updating of the Platform with your work and information.
(5) To ensure consistency and reliability for buyers, collectors, and prospective buyers, you may not make any changes to price listings, shipping costs, or address information about works offered on Artsy without first coordinating this with us at . You also agree to upload a new work at least every two months.
(6) If you handle the shipping of the work yourself, you bear full responsibility for it. If shipping is handled through Artsy, you must ensure that the works are properly handed over to Artsy’s shipping team.
(7) You remain responsible for the accuracy of the content of your work and for fulfilling your sales obligations. We assume no liability for platform-specific regulations or disputes arising on Artsy.
§ 8 Sales Process
(1) You list your artwork for sale on the Platform.
(2) Buyers purchase artworks by adding them to their shopping cart and paying us.
(3) You handle the packaging and shipping yourself, including any necessary customs documents, and enter the shipping information in your account on the Platform.
(4) After we receive the artwork and the 14-day return period has expired, we will transfer the purchase price to you, minus the applicable commission, within 10 days.
§ 9 License for Artists’ Content
(1) When you provide us with content, you authorize us to store, host, and, if agreed upon, make this content available to third parties. We use the content in accordance with the agreement between you and us. By providing your content, you grant us, for the duration of the agreement, a non-exclusive, geographically unlimited license to use this content for the purpose of providing the services under the agreement. This includes the right to store, reproduce, format,
(technically) edit, transmit, make available, and analyze and evaluate the content ourselves or through third parties. We are also entitled to store the data in a backup system or a separate backup data center. To resolve malfunctions, we are further entitled to make changes to the structure of the data or the data format. We will publish the content you upload to the software and make it accessible to third parties only to the extent necessary for the purpose of the agreement.
(2) You warrant that you hold all rights to the content you upload to the Artplaner Platform or that you have a license for the content to grant us the rights in accordance with the preceding paragraph.
§ 10 Artplaner’s Obligations
(1) The services we offer are subject to continuous development and may change from time to time to a reasonable extent. We reserve the right to temporarily or permanently discontinue the provision of the services
(or features within the services) for individual or all Artists. We will notify you of any changes or restrictions to the services with reasonable advance notice.
(2) We are not liable for any data loss resulting from a technical malfunction or the discontinuation of services.
(3) The Platform has an average annual availability of 98%. This excludes periods during which the servers are unavailable due to routine and previously announced maintenance work or disruptions beyond our control.
(4) We strive to keep the software up to date, though no legal claim to this exists. We may restrict or expand the Platform’s functionality at any time.
§ 11 Artists’ Obligations
(1) It is prohibited to use the Platform’s software and our services without our express permission for purposes other than your own personal or professional/commercial purposes, and in particular for any other commercial purposes
● to introduce or attempt to introduce viruses, Trojans, worms, or other malicious code onto the Platform,
● to hack or manipulate the Platform’s software, or to attempt to do so,
● to use scripts or other automated or semi-automated methods to use the Platform,
● to circumvent or attempt to circumvent the Platform’s security features;
● To rent out an account or otherwise use it for commercial purposes, sublicense it, or make it available to third parties in any other way, unless we have expressly permitted this.
(2) We reserve the right to suspend you and your account in the event of a violation of these Terms and Conditions or for good cause. We assume no liability for any damages you may incur as a result of the suspension.
§ 12 Termination and Cancellation
(1) If the contract is terminated by you or by us, we will archive your personal data
(including, but not limited to, name, email address, phone number, messages, and uploaded files). No later than six
(6) months after the termination of the contract, the Artist’s account will be permanently deleted. This does not apply if we need the relevant data to enforce claims or if there are statutory retention obligations.
(2) The contractual relationship ends when the termination takes effect, and you will no longer be able to use your account. We reserve the right to block your username and password once the termination takes effect.
(3) After the sale of art through Artplaner, we reserve the right to continue publishing details about the sold works of art—including the Artist’s name, the title of the work, the description, the date of sale, and the sale price—for reference purposes for an unlimited period. This information may be used by us on Artplaner as well as in other media and publications to demonstrate the quality and diversity of the artworks offered on Artplaner and to promote the Platform. You agree to the publication of this information for reference purposes and grant us a royalty-free, non-exclusive, perpetual, and worldwide right of use for this purpose. We undertake to always respect your moral rights when publishing details of sold artworks and to credit the Artist’s name in connection with the artwork. You may revoke the publication of your details regarding sold artworks for reference purposes at any time in writing. In this case, we will remove the relevant information from the Platform and other media within a reasonable period of time, provided that no legitimate interests on our part preclude this.
§ 13 Gallery in Wismar
(1) We operate our own gallery in Wismar, which is accessible online at www.galerielaechelt.com. Our gallery offers various Artists a platform to exhibit their works.
(2) As an Artist, you have no entitlement to have your works exhibited in our gallery. The selection of works to be exhibited is made at Artplaner’s sole discretion. We reserve the right to reject work without providing a reason.
(3) Separate Terms and Conditions, as well as Exhibition and Admission Policies, apply to the exhibition of your works in our gallery. These specific terms govern all procedures and conditions for participation and exhibition in the gallery and are binding for the represented Artists.
(4) The separate Terms and Conditions, as well as the Exhibition and Admission Terms, can be viewed at any time on our website www.galerielaechelt.com. You are required to familiarize yourself with these regulations and accept them prior to a planned exhibition. By exhibiting your works in our gallery, you confirm that you have read and agree to these terms.
§ 14 Liability
(1) We assume no responsibility for delivered data, advertisement texts, or related storage media, and in particular, we are not obligated to retain or return them. Deletion upon termination of the contract will be carried out in accordance with statutory requirements.
(2) We are liable for material defects or defects of title in accordance with applicable legal provisions.
(3) We are liable to you in all cases of contractual and non-contractual liability for intentional acts and gross negligence, in accordance with statutory provisions, for damages or reimbursement of futile expenses.
(4) In all other cases, unless otherwise specified, we are liable only for a breach of a contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance, you may reasonably rely
(a so-called cardinal obligation), and such liability is limited to compensation for foreseeable and typical damages. In all other cases, our liability is excluded, subject to any provisions to the contrary.
(5) Liability for damages resulting from injury to life, limb, or health, and under the Product Liability Act, remains unaffected by the foregoing limitations and exclusions of liability.
(6) The limitations of liability apply accordingly in favor of our employees, agents, and vicarious agents.
(7) Artplaner assumes no liability for damage to artwork during transport from you to your customer. It is solely your responsibility to ensure that you package your artwork adequately and ship it via a service that minimizes the likelihood of damage.
(8) Artplaner assumes no liability for works of art that are lost on their way to your customer. If you do not ship your works of art via a trackable shipping method, you do so at your own risk, and Artplaner reserves the right to grant the customer a full and immediate refund if the customer notices the non-delivery within the estimated timeframe.
(9) If the reason given by the customer for returning a piece of art is that the customer has changed their mind, Artplaner will reimburse you for the costs incurred for the initial shipment by making a payment to your designated payment account during the next payment cycle based on your net sales proceeds, provided that you send us valid VAT receipts
(if applicable) for the costs incurred and Artplaner has verified that the best practices guidelines regarding the order in question have been followed.
§ 15 Confidentiality
(1) You agree to maintain confidentiality toward third parties regarding all business information received in the course of your brokerage activities, including buyer data, both during the term of this Agreement and after its termination.
§ 16 Data Protection
(1) We may process, store, and disclose your uploaded data to third parties to the extent necessary for the performance of the brokerage services and for as long as we are required by law to retain such data.
(2) For more information on data protection, please see our Privacy Policy.
§ 17 Amendments to the Terms and Conditions
(1) We reserve the right to amend these General Terms and Conditions, if necessary, due to changes in the legal landscape, rulings by the highest courts, technical changes or advancements, new regulatory requirements, or for other comparable important reasons.
(2) You will be notified of the amended Terms and Conditions in writing no later than two weeks before they take effect. The amended Terms and Conditions are deemed accepted if you do not object to them within two weeks of receiving the notification. When notifying you of the amended Terms and Conditions, we will specify the deadline and the consequences of failing to raise an objection.
§ 18 Copyrights
(1) We hold the copyrights to all images, videos, and texts published on our website that were created by us or for which we have acquired the corresponding rights of use. This includes, in particular, the design, content, and structure of the website.
(2) The works offered for sale on the website remain the copyrighted property of the respective artist who created them.
(3) Use of the images, videos, and texts created by us or commissioned by us is not permitted without our express consent. This applies in particular to reproductions, public dissemination, and adaptations of the content.
§ 19 Final Provisions
(1) We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
(2) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) If you are a merchant, the exclusive place of jurisdiction is our registered office. In all other respects, the applicable statutory provisions govern local and international jurisdiction.
The terms and conditions were dated: September 14, 2026