General Terms and Conditions (GTC) for the use of the "Artplaner" Platform for Buyers

These General Terms and Conditions (GTC) govern the use of the platform "Artplaner" (hereinafter referred to as "Platform" or "Artplaner") by buyers who wish to purchase artworks offered for sale on the Platform (hereinafter referred to as "Buyer" or "You"). Artplaner is operated by Artplaner UG (haftungsbeschränkt), Alter Holzhafen 19, 23966 Wismar, Germany, represented by Managing Director Uli Lächelt, Phone: +49 160 966 05 699, E-Mail: .

Artplaner is a platform on which artists can offer their works of art (fine art, painting, graphics, sculpture) for sale internationally. Buyers can purchase the artworks offered on the platform.

These GTC apply to all Buyers who wish to purchase a work of art via the Platform, either through Artplaner itself or through an artist. Buyers can be both consumers in accordance with § 13 BGB and entrepreneurs in accordance with § 14 BGB.

The GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Buyer shall only become part of the contract if and to the extent that Artplaner has expressly consented to their application. This requirement of consent applies in any case.

Artplaner reserves the right to refuse to conclude a contract if there are important reasons for doing so. Such reasons may exist for Artplaner in particular if there is or may be a conflict of interests or if there are other legal or statutory reasons to the contrary.

Buyers are required to register free of charge in order to use the platform. Buyers must register with a current e-mail address and a password.

After successful registration, Buyers are given access to the works of art offered for sale on the Platform.

Each Buyer can only create one account. The transfer of the account to third parties is not permitted. Buyers undertake to take the necessary measures to ensure the confidentiality of the account data and the password and to keep the password secret. In the event of misuse of the account or suspicion thereof and in the event of misuse or loss of the password, Artplaner must be notified immediately. In such cases Artplaner is entitled to block the account completely or temporarily.

Once the account has been activated, Buyers have the opportunity to view the artworks offered for sale on the Platform. The artworks appear on the Platform in purchase offers as well as in listings according to genre and other categories. Artplaner is not connected with the services offered by the artists or contracts concluded with artists and is not liable for them or for the content and success of offers and purchases.

Artplaner can also act as a seller of artworks itself. The service on the Platform is otherwise a mediation of contacts between artists and Buyers and the provision of the Platform. There is no entitlement to the provision of a certain number of contracts.

Artplaner acts either directly as a seller or as an intermediary for the artists as sellers and is not responsible for the content of the artists' offers. Artplaner assumes no warranty or liability for the accuracy, quality, availability or legal admissibility of the services offered by the artists. Any contract is concluded exclusively either between Artplaner as seller and the Buyer or between the artists as seller and the Buyer. Any claims arising from or in connection with the offers are to be asserted exclusively against Artplaner as seller or the artists as sellers.

The contract between the Buyers and either Artplaner as seller or the artist as seller is concluded when the Buyers place an order for a artwork via the Platform.

The ordering process on the Platform allows Buyers to check and correct any errors before submitting their order.

After the Buyers have placed an order, they will receive an e-mail from Artplaner confirming that the order has been received. If the seller is an artist, this confirmation is also sent to the Buyer by Artplaner and is deemed to have been placed on behalf of the artist. However, this does not constitute acceptance of the order.

Acceptance of the order is confirmed by Artplaner sending the Buyer a confirmation e-mail that the products have been dispatched by Artplaner or the artist (dispatch confirmation). This concludes the contract between Artplaner and the Buyer or the artist and the Buyer.

If a product cannot be delivered, the Buyer will be informed by e-mail and no contract will be concluded. If the Buyer has already paid for the products, the full amount will be refunded as soon as possible.

The Buyer's order will be processed as quickly as possible. The Buyer will receive a tracking number as soon as the ordered artwork has been dispatched. If, for reasons for which Artplaner or the artist is not responsible, the ordered artwork cannot be dispatched at the specified time or cannot be dispatched at all, the Buyer will be informed accordingly

Delivery is complete when the artwork has been delivered to the address specified by the Buyer.

When Buyers order artwork on the Platform for delivery to an international delivery destination, the order may be subject to import duties and taxes, which are levied when the shipment reaches that destination.

Buyers are responsible for the payment of such import duties and taxes.

The prices for the artworks offered may change from time to time, but changes will not affect orders that have already been confirmed with a shipping confirmation by Artplaner or the seller.

The price of an artworkwork includes statutory VAT.

Unless otherwise agreed, the price for the artworks is exclusive of shipping costs. The shipping costs can be viewed on the Platform.

Artplaner is entitled to charge the Buyer a processing fee plus the applicable VAT for each order placed on the Platform (service fee). The amount of the service fee will be indicated to the Buyer before he places his order. By placing the order, the Buyer agrees to pay the Service Fee charged for this order to Artplaner. The service fee is non-refundable unless the order to which it relates is canceled before the artwork has been shipped.

The prices of the items in the shopping cart always correspond to the current prices on the respective product page of the item. It is therefore possible that the price of an item in the shopping cart differs from the price at which the item was originally placed in the shopping cart.

Adding an item to the shopping cart does not reserve the price displayed at that time. The price of an item may change between the time it is added to the shopping cart and the actual time of purchase. These price changes can include both increases and decreases.

The Buyer acknowledges that the final calculation of the purchase price will only be made at the time of conclusion of the purchase contract. Artplaner does not guarantee that the price of an item in the shopping cart will remain unchanged until the conclusion of the purchase contract.

Price changes are at the discretion of the artist or the respective supplier of the item. Artplaner has no influence on these price changes and accepts no liability for them.

If the Buyer does not agree with a price change, he is free not to complete the purchase and remove the item from the shopping cart.

The supplier reserves the right to correct obvious price errors and to inform the Buyer accordingly. In such a case, the Buyer has the right to accept the purchase under the corrected conditions or to withdraw from the order.

Unless expressly agreed otherwise, payment is only possible using the payment methods shown on the platform.

Buyers are not entitled to set off claims against claims of Artplaner or the artists unless the counterclaims have been legally established or are undisputed.

Unless expressly agreed otherwise or stated on the Platform, the free membership for Buyers is concluded for an unlimited period.

Both parties are entitled to terminate the membership at any time without observing a notice period.

Any termination must be in text form. The right to extraordinary termination for good cause remains unaffected.

If the membership is terminated, the personal data of the Buyers (including name, e-mail, telephone number, messages, uploaded files) will be archived by Artplaner. The profile will be permanently deleted at the latest six (6) months after termination of the contract. This does not apply if we need the relevant data to enforce claims or if there are statutory retention obligations.

When the termination takes effect, the contractual relationship ends and the Buyers can no longer use their access to the platform. Artplaner reserves the right to block the user name and password when the termination takes effect.

The services offered by Artplaner are subject to continuous further development, which may change from time to time to a reasonable extent. Artplaner reserves the right to temporarily or permanently discontinue the provision of the Services (or functions within the Services) for individual or all Artists and Buyers.

Artplaner is not liable for the loss of data due to any technical malfunction or discontinuation of services.

The annual average availability of the platform is 98%. This excludes times when the servers are unavailable due to routine and previously announced maintenance work or faults outside Artplaner's sphere of influence.

Artplaner endeavors to keep the software up to date, but there is no legal entitlement to this. Artplaner may restrict or extend the functional scope of the platform at any time.

It is prohibited to use the software of the Platform and our services for purposes other than your own personal or professional/commercial purposes, in particular not for other commercial purposes, without the express permission of Artplaner:

• to smuggle viruses, Trojans, worms or other malicious code onto the Platform or attempt to do so,
• hack, manipulate or attempt to hack the Platform's software,
• Scripts and other automatable or semi-automatable procedures for using the Platform,
• bypass or attempt to bypass the platform's security functions.
• Rent or otherwise commercially use, sublicense or otherwise make an account available to third parties, unless this has been expressly permitted by us.

Artplaner reserves the right to block Buyers and their accounts in the event of a breach of these GTC or for good cause. Artplaner accepts no liability for any losses incurred by buyers as a result of the blocking.

Artplaner is liable for material defects or defects of title in accordance with the applicable statutory provisions. The warranty period for consumers is two years from receipt of the artwork. For entrepreneurs, the warranty period is reduced to one year.

Artplaner is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of expenses incurred in vain.

In other cases, Artplaner is liable, unless otherwise agreed, only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Buyer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases Artplaner's liability is excluded, subject to differing provisions.

Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

The limitations of liability shall apply accordingly in favor of employees, agents and vicarious agents.

Artplaner accepts no liability for damage to or loss of artworks during transportation between the seller and the Buyer. It is the sole responsibility of the seller to ensure that the artworks are adequately packed.

Artplaner may process and store the data uploaded by Buyers and pass it on to third parties insofar as this is necessary for the execution of the brokerage or purchase and for as long as Artplaner is obliged to store this data by law.

Further information on data protection can be found in Artplaner's privacy policy at this » link.

Consumers have a statutory right of withdrawal. In this regard, Artplaner refers to its separate withdrawal policy » under this link: Cancellation policy.

Entrepreneurs have no right of withdrawal.

Artplaner reserves the right to amend these General Terms and Conditions at any time and without stating reasons.

Buyers shall be notified of the amended General Terms and Conditions in text form no later than two weeks before they come into force. The amended General Terms and Conditions shall be deemed accepted if the Buyers do not object to them within two weeks of receipt of the notification. When communicating the amended General Terms and Conditions, Artplaner will point out the time limit and the consequences of not objecting.

Artplaner and the Sellers have copyrights to the images, films and texts published on the Platform which were created by Artplaner or the Artists themselves, or for which Artplaner has acquired the corresponding rights of use . These include in particular the design, the content and the structure of the platform.

The artworks offered for sale on the Platform remain the copyright of the respective artist, if they created the work, or the copyright of Artplaner, if they were created by Artplaner.

Use of the images, films and texts is not permitted without the express consent of the copyright holder. This applies in particular to reproductions, making available to the public and editing the content.

Artplaner does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the Buyer is a merchant, the exclusive place of jurisdiction is Artplaner's place of business. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.