Scope
These General Terms and Conditions (hereinafter “GTC”) govern the use of the online platform www.artrethought.com (hereinafter “Platform”), operated by ART Connect GmbH.
These GTC apply to:
- Customers (hereinafter “Buyers”) who purchase artworks via the Platform.
- Sellers, including artists and galleries (hereinafter “Sellers”), who offer and sell artworks on the Platform.
By using the Platform, Buyers and Sellers agree to these GTC in their entirety.
Role of the Platform
- The Platform acts as an intermediary and enables the purchase and sale of artworks between Sellers and Buyers.
- The Platform itself is not a party to the sales contract. All sales contracts are concluded directly between the Buyer and the respective Seller. By placing an order via the Platform, the Buyer and the respective Seller conclude a legally binding sales contract. The Platform is not a party to this contract, but supports the technical and administrative process of the transaction.
- After placing an order, the Buyer receives a confirmation email with the details of the purchase and the identification of the Seller as the contractual partner.
- The Platform provides the technical infrastructure, payment processing options and administrative support for transactions, but does not acquire ownership of the artworks.
Sellers: Registration, Fees, and Obligations
3.1 Registration
Sellers – artists, galleries, or companies – must register and be accepted by the Platform to offer and sell artworks.
By registering, Sellers agree to these GTC and confirm that all provided information is correct and will be kept up to date.
Sellers are responsible for providing complete and accurate information, including personal or business data and contact information.
3.2 Fees for Sellers
1. Artists
Artists are required to pay a monthly subscription fee for offering and selling artworks on the Platform. Additionally, a commission applies.
The subscription fee is charged monthly in advance. In case of non-payment, the Seller's account may be temporarily suspended or terminated.
The commission is only charged in the event of a successful sale. The specific details of the margin or commission split are set out in a separate agreement between the Platform and the Artist.
2. Galleries
Galleries are required to pay a monthly subscription fee for offering and selling artworks on the Platform. Additionally, a commission applies.
A commission is only charged in the event of a successful sale. The specific details of the margin or commission split are set out in a separate agreement between the Platform and the Gallery.
3.3 Payment of Fees
The subscription fee is payable in advance. Fees already paid are non-refundable unless expressly agreed otherwise.
The Platform reserves the right to adjust subscription fees or terms of the margin or commission split with a prior notice period of 30 days. Changes will apply from the subsequent billing period.
3.4 Account Suspension and Termination
Non-payment of subscription fees may lead to temporary suspension or permanent termination of the account.
Sellers may cancel their accounts at any time. Upon cancellation, no further fees will be incurred. However, fees already paid will not be refunded.
3.5 Exclusivity of Artworks
Sellers agree that every artwork listed and uploaded on the Platform will be offered exclusively through the Platform for the duration of its listing.
Sellers may not offer, sell, or promote the same artwork through other channels during its active listing on the Platform. This particularly includes other online platforms, galleries, or private sales.
If the Seller sells the artwork outside the Platform during the active listing period, the Platform must be informed immediately and the artwork must be removed from the Platform. At the Platform's discretion, contractual penalties or fees may apply.
3.6 Artwork Listings
Sellers are responsible for creating accurate and detailed descriptions of their artworks. This includes, in particular:
- Title, size, weight, materials, and medium
- Price including VAT, if applicable
- Shipping costs and estimated delivery times
The Seller guarantees to be authorized to sell the offered artworks and that the sale does not infringe any third-party rights, such as property or copyright.
3.7 Shipping and Handling
Upon confirmation of a purchase, Sellers are responsible for securely packaging and shipping the artwork within the specified timeframe.
Sellers must provide the Platform with a valid tracking number.
3.8 Inadmissible Content
Sellers may not offer the following, in particular:
- Counterfeit or unauthorized artworks
- Content that infringes third-party rights
- Illegal or inappropriate content
The Platform reserves the right to remove listings that violate these terms.
Buyers: Orders and Contract Conclusion
- Buyers can place orders by selecting artworks and completing the checkout process.
- Upon confirmation of the order, a binding purchase agreement is concluded between the Buyer and the respective Seller.
- The Platform will notify the Buyer by email once the order has been accepted and shipped.
Prices and Payment
- All prices are quoted in Euros (EUR) and include value-added tax, if applicable. Shipping costs will be shown separately during the checkout process.
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Buyers must pay the full purchase price at the time of purchase.
The following payment methods may be available:
- Credit or debit card
- PayPal
- Other payment methods offered during checkout
- Sellers will only receive payment after the Buyer has confirmed delivery or a reasonable delivery period has expired.
Shipping and Delivery
- Sellers are responsible for securely packaging artworks and shipping them to the address provided by the Buyer.
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Delivery times vary depending on the destination:
- Austria and EU: 7–14 business days
- International: 14–30 business days
- Buyers will receive a shipping confirmation by email with tracking information.
- Damage to the artwork must be reported within 48 hours of receipt.
Returns and Refunds
7.1 Buyer's Right of Withdrawal
- Buyers have the right to withdraw from the purchase within 14 days of receiving the artwork.
- To initiate a return, contact ArtReThought at office@artrethought.com within this 14-day period.
- The Buyer bears the cost of return shipping, unless the artwork was damaged or delivered incorrectly.
7.2 Return Conditions
Artworks must be returned in their original condition and securely packaged.
A refund will only be issued after the returned artwork has been received and inspected.
7.3 Exceptions
Custom-made or personalized artworks are excluded from return, unless they are damaged or defective.
Liability of Sellers and the Platform
- Sellers bear full responsibility for the artworks they offer, including their authenticity, quality, and delivery.
- The Platform is not liable for damages arising from the purchase contract, including delays or defects in artworks.
- The Platform's liability is limited to cases of intent or gross negligence in connection with the operation of the Platform.
Copyright and Intellectual Property
- The copyright for all artworks remains with the respective Seller (Artist).
- Buyers may not reproduce, distribute, or commercially use acquired artworks without the express written consent of the Seller.
- Sellers grant the Platform an exclusive right to use images and descriptions of their artworks for marketing and promotional purposes.
Customs, Duties, and Taxes
For deliveries outside the European Union, Buyers are responsible for any applicable customs duties, taxes, or import fees.
Data Protection
The Platform processes personal data in accordance with applicable data protection regulations, especially the General Data Protection Regulation (GDPR). Further information is available in our Privacy Policy.
Applicable Law and Jurisdiction
These GTC are governed by Austrian law, excluding its conflict of laws provisions. For all disputes arising from or in connection with these GTC, the competent courts in Vienna, Austria, shall have exclusive jurisdiction.
Contact
For questions or concerns, please contact us at the following email address: