General Terms and Conditions (GTC)
for the use of the „Artplaner” platform for artists

These General Terms and Conditions (GTC) govern the use of the Platform "Artplaner" (hereinafter referred to as "Platform", "Artplaner" or "we/us") by artists who offer their works of art for sale and by artists who merely wish to use a website to present their art (hereinafter referred to as "Artist" 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 offers Artists the opportunity to offer their works of art (fine art, painting, graphics, sculpture) for sale internationally and to create their own catalog raisonné with various tools for management, categorization and publication.

These GTC apply to all Artists who have an account with Artplaner, regardless of whether they offer their artworks for sale or only use a website to present their art.

These GTC apply all Artists using the platform. Our GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the aArtists shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent applies in all cases.

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

Registration is required to use the Artplaner platform. You must register with a current e-mail address and a password.

Artists who wish to sell their artworks on Artplaner must apply. There is no right to acceptance. The decision on acceptance and the criteria for this are internal and do not represent a general evaluation of the art or the Artist.

After successful enrollment, you choose a payment plan under your Artplaner account for the monthly or annual account fees.

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

After activating the Platform for use, you can create a profile. All Artists are obliged to provide complete and truthful information. If you culpably provide misleading or untrue information, you are obliged to pay compensation if we have suffered damage as a result of this untrue information. You are also obliged to indemnify us against third-party claims. Further claims, in particular claims for damages by third parties or claims for damages by potential contractual partners, remain unaffected.

We reserve the right to check individual details, for example by requesting proof from you. We are entitled to refuse the publication of profiles if the respective profile does not correspond to the specialization of our Platform or if the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official prohibitions, third-party rights, public decency or our General Terms and Conditions. We assume no guarantee for the information provided by you or by buyers.

After activating your profile, you have the option of uploading your artworks to the Platform and activating them . The artworks will then appear on Artplaner in the purchase offers as well as in listings by genre and other categories. Buyers now have access to your artworks and can purchase them via Artplaner. We are not connected with the services offered or contracts concluded and are not liable for them or for the content and success of your offers.

Artists who wish to sell their artworks on our platform must be commercially registered. The information required for registration, including the tax number if the small business regulation applies, must be entered in the Artist account. You are obliged to provide current and truthful information and to update it immediately in the event of changes.

We reserve the right to check your details and to refuse admission or block existing artist accounts if these requirements are not met. Admission will only be granted if all required information is correct and complete.

You are responsible for the proper payment of your taxes, including VAT. We assume no liability for the artists' tax obligations, but will report the relevant sales to the tax office as required by law.

You must ensure that the works of art you offer comply with the statutory provisions and do not infringe any third-party rights. This includes, in particular, copyrights, trademark rights and personal rights.

You are obliged to research and state the costs incurred for shipping your artwork yourself. You are not obliged to ship to every country, but you must clearly state to which countries you are shipping your artwork.

If an Artist violates these requirements, we reserve the right to block or delete the Artist account. In such a case, there is no entitlement to a refund of fees already paid.

In order to be able to offer services on the platform, Artists must conclude a membership contract to use the Platform. You can choose between the remuneration models offered on the website.

Artists who only want to use a website to present their art can create an account without admission rules. Various features are available depending on the plan, but without a store function and without a connection to the Artplaner Platform and its sales options.

The presentation and advertising of options on our Platform does not constitute a binding offer to conclude a contract.

A contract is only concluded when we accept your order by means of a declaration of acceptance or when we render performance.

Once you have become a member, you can publish your artist profile for the agreed duration

You are free to design and process your profile and offers as long as they comply with our specifications. However, you are responsible for compliance with the statutory provisions and indemnify us against all damages or claims by third parties due to violations.

The membership prices for artists stated on the Platform are gross prices and include VAT.

The agreed subscription price for artists with a website must be paid immediately after registration. Otherwise, payment is only to be made after successful admission following the application.

Unless expressly agreed otherwise, payment shall only be made using the payment methods shown on the Platform. Activation of use shall only take place after payment has been made.

You are not entitled to offset against our claims unless the counterclaims have been legally established or are undisputed.

Unless expressly agreed otherwise or stated on the Platform, a membership for Artists is concluded for a period of at least one month. The exact term results from the respective subscription.

Both parties are entitled to terminate the subscription with one month's notice to the end of the term. If notice of termination is not given or not given in good time, the membership is extended by the original contract term and can be terminated with the aforementioned notice period.

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

We do not provide any services of our own. The service on the Platform is purely 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.

We only act 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. Any contract is concluded exclusively between you and the respective customer. Any claims arising from or in connection with the offers are to be asserted exclusively against you.

You post your artworks for sale on the Platform.

Buyers acquire artworks through the shopping cart and payment to us.

You handle the packaging and shipping yourself, including any customs documents, and enter the shipping information in your account on the Platform.

After receipt of the artwork and expiry of the 14-day return period, we will transfer the purchase price minus the applied commission within 10 days.

If you provide us with content, you instruct us to store and host this content and, if agreed, to make it accessible to third parties. We will use the content in accordance with the agreement between you and us. By providing your content, you grant us a non-exclusive, perpetual license for the duration of the agreement to use this content for the purposes of providing the services under the agreement. This also includes the right to store, reproduce, format, (technically) process, transmit to , make accessible and analyze and evaluate the content ourselves or through third parties. We are also entitled to store the data in a failure system or separate failure data center. We are also entitled to make changes to the structure of the data or the data format in order to eliminate faults. We will only publish the content uploaded by you in the software and make it accessible to third parties to the extent that this is necessary for the purpose of the contract.

You represent and warrant that you have all rights to the content you upload to the Artplaner Platform or that you have a license to the content to grant us the rights in accordance with the preceding paragraph.

The services offered by us are subject to continuous further development, which 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 functions within the services) for individual or all Artists. We will inform you of any changes or restrictions to the services with reasonable advance notice.

We are 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 beyond our control.

We endeavor to keep the software up to date, but there is no legal entitlement to this. We may restrict or expand 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 our express permission
• 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.

We reserve the right to block you and your account in the event of a breach of these GTC or for good cause. We accept no liability for any damages that you may incur as a result of the suspension.

If the contract is terminated by you or by us, your personal data (e.g. name, e-mail, telephone number, messages, uploaded files) will be archived by us. The Artist account will be permanently deleted no later than 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.

The contractual relationship ends when the termination takes effect and you can no longer use your access. We reserve the right to block the user name and password when the termination takes effect.

After the sale of an artwork via Artplaner, we reserve the right to continue to publish details of the artworks sold, including artist name, title of the artwork, description, date of sale and sale price, for reference purposes without limitation. These details may be used on Artplaner and in other media and publications by us to demonstrate the quality and variety of artworks offered on Artplaner and to promote the Platform. You agree to the publication of this information for reference purposes and grant us a free, non-exclusive, perpetual and worldwide right of use. We to always respect your moral rights when publishing details of artworks sold and to mention the artist's name in connection with the artwork. You can revoke the publication of your details of artworks sold for reference purposes in writing at any time. In this case, we will remove the relevant information from the platform and other media within a reasonable period of time, provided that there are no legitimate interests on our part to the contrary.

We accept no responsibility for data material, advertisement texts or related storage media supplied and are in particular not obliged to store or return them. Deletion after the end of the contract shall take place in accordance with the statutory provisions.

We shall be liable for material defects or defects of title in accordance with the applicable statutory provisions.

We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

In other cases, unless otherwise regulated, we shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to deviating regulations.

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 our employees, agents and vicarious agents.

Artplaner accepts no liability for damage to artworks during transportation from you to your customer. It is your sole responsibility to ensure that you adequately pack your artwork and ship it via a service that minimizes the likelihood of damage.

Artplaner accepts no liability for artwork lost in transit to your customer. If you do not ship your artwork via a trackable shipping method, you do so at your own risk, and Artplaner reserves the right to issue a full and immediate refund to the customer if they notice the non-delivery within the estimated time frame.

If the stated reason for the customer returning an artwork is that the customer has changed their mind, Artplaner will reimburse you for the outward shipping costs incurred by payment to your nominated payment account in the next payment run in respect of your net sales proceeds, provided that you send us the valid VAT receipts (if applicable) for the costs incurred and Artplaner is satisfied that best practice guidelines have been followed in respect of the order in question.

You undertake to maintain confidentiality vis-à-vis third parties regarding all business information, including buyer data, obtained in the course of the brokerage activity during the term of the contract and after termination of this contract.

We may process and store your uploaded data and pass it on to third parties insofar as this is necessary for the execution of the mediation and as long as we are obliged to store this data due to legal regulations.

Further information on data protection can be found in our » privacy policy.

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

You will be notified of the amended General Terms and Conditions in text form at least two weeks before they come into force. The amended General Terms and Conditions shall be deemed accepted if you do not object to them within two weeks of receipt of the notification. When notifying you of the amended General Terms and Conditions, we will draw your attention to the deadline and the consequences of not raising an objection.

We have copyrights to all images, films and texts published on our Platform 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 Platform.

The artworks offered for sale on the Platform remain the copyright of the respective artist if they have created the artwork.

The use of images, films and texts created or commissioned by us is not permitted without our express consent. This applies in particular to reproductions, making available to the public and editing the content.

We do 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 you are a merchant, the exclusive place of jurisdiction is our registered office. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.