AGB

1. Scope of Application

These General Terms and Conditions (hereinafter referred to as “T&C”) govern the use of the online platform
www.artrethought.com (hereinafter referred to as "Platform"), operated by ART Connect GmbH.

The T&C apply to:

Customers (hereinafter referred to as "Buyers") purchasing artworks through the Platform.
Sellers, including artists and galleries (hereinafter referred to as "Sellers") who list and sell artworks on the Platform.

By using the Platform, Buyers and Sellers agree to these T&C in their entirety.

2. Role of the Platform

The Platform serves as an intermediary facilitating 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 formed directly between the Buyer and the respective Seller. By placing an order through the Platform, the Buyer and the respective Seller enter into a legally binding purchase contract. The Platform is not a party to this contract but facilitates the technical and administrative process of the transaction.
After an order is placed, the Buyer will receive a confirmation email specifying the details of the purchase and identifying the Seller as the contractual partner.
The Platform provides technical infrastructure, payment processing tools and administrative support for transactions but does not assume ownership of the artworks.

3. Sellers: Registration, Fees and Obligations

3.1. Registration

Sellers (artists, galleries or businesses) must register and get accepted on the Platform to list and sell artworks.

By registering, Sellers agree to these T&C and confirm that all provided information is accurate and will be kept up to date.

Sellers are responsible for providing accurate and complete information, including personal or business details, contact information.

3.2. Fees for Sellers

1. Artists
Artists are required to pay a monthly subscription fee to list and sell artworks on the Platform and a commission fee applies. The subscription fee is billed in advance on a monthly basis. Non-payment may result in the suspension or termination of the Seller’s account. The commission will only be collected in the event of a successful sale. Specific details of the margin share will be defined in a separate agreement between the Platform and the Artist.

2. Galleries

Galleries are required to pay a monthly subscription fee to list and sell artworks on the Platform and a commission fee applies. A commission will only be collected in the event of a successful sale. Specific details of the margin share will be defined in a separate agreement between the Platform and the Gallery.

3.3. Payment of Fees

The subscription fee is payable in advance. Fees are non-refundable unless explicitly stated otherwise.

The Platform reserves the right to adjust the subscription fees or margin-sharing terms with prior notice of 30 days. Changes will apply from the next billing cycle.

3.4. Account Suspension and Termination

Failure to pay subscription fees may result in temporary account suspension or permanent termination.

Sellers may cancel their accounts at any time. Upon cancellation, no further charges will apply, but fees already paid will not be refunded.

3.5. Exclusivity of Artworks

Sellers agree that any artwork listed and uploaded on the Platform is offered exclusively through the Platform for the duration of its listing.

Sellers may not offer, sell or advertise the same artwork through other channels, including other online platforms, galleries or private sales, while it is active on the Platform.

If the Seller sells the artwork outside of the Platform during its active listing period, the Seller must immediately notify the Platform, remove the artwork listing and may be subject to penalties or fees at the discretion of the Platform.

3.5. Artwork Listings

Sellers are responsible for creating accurate and detailed descriptions of their artworks, including:

Title, size, weight, materials and medium
Price (including VAT where applicable)
Shipping costs and estimated delivery times

The Seller guarantees that they have the right to sell the listed artworks and that they do not violate any third-party rights (e.g. ownership, copyrights).

3.6. Shipping and Fulfillment

Once a purchase is confirmed, Sellers are responsible for securely packaging and shipping the artwork within the specified timeframe.

Sellers must provide the Platform with a valid tracking number.

3.7. Prohibited Content

Sellers are prohibited from listing:

Counterfeit or unauthorized artworks
Content that infringes on third-party rights
Illegal or inappropriate content

The Platform reserves the right to remove any listings that violate these terms.

4. Buyers: Orders and Contract Conclusion

Buyers may place orders by selecting artworks and completing the checkout process.
A binding sales contract is formed between the Buyer and the respective Seller when the order is confirmed.
The Platform will notify the Buyer via email once the order has been accepted and shipped.

5. Pricing and Payment

All prices are displayed in Euro (EUR) and include VAT where applicable. Shipping costs are shown separately during checkout.
Buyers must make full payment at the time of purchase. The following payment methods are available:
- Credit/Debit Card
- PayPal
- Other methods as offered during checkout.
Sellers will receive payment only after the Buyer confirms delivery or after a reasonable delivery timeframe has passed.

6. Shipping and Delivery

Sellers are responsible for ensuring artworks are securely packaged and shipped to the Buyer’s address.
Delivery times vary based on destination:
- Austria and EU: 7–14 business days
- International: 14–30 business days
Buyers will receive a shipping confirmation email with tracking information.
The Buyer must report any damage within 48 hours of receiving the artwork.

7. Returns and Refunds

7.1. Buyers' Right to Return

Buyers have the right to cancel their purchase within 14 days of receiving the artwork.
To initiate a return, the Buyer must contact office@artrethought.com within the 14-day period.
The Buyer is responsible for return shipping costs unless the artwork is damaged or incorrect.

7.2. Return Conditions

Artworks must be returned in their original condition and securely packaged.

Refunds will be issued only after the returned artwork is received and inspected.

7.3. Exclusions

Custom-made or personalized artworks are non-returnable unless they are damaged or defective.

8. Liability of Sellers and Platform

Sellers are fully responsible for the artworks they list, including authenticity, quality and delivery.
The Platform is not liable for damages arising from the sales contract, including delays or artwork defects.
The Platform’s liability is limited to cases of intentional misconduct or gross negligence related to the Platform's operations.

9. Copyright and Intellectual Property

The copyright for all artworks remains with the respective Seller (artist).
Buyers may not reproduce, distribute or commercially use purchased artworks without explicit written consent from the Seller.
Sellers grant the Platform a exclusive right to use images and descriptions of their artworks for marketing and promotional purposes.

10. Customs, Duties, and Taxes

For deliveries outside the EU, Buyers are responsible for any applicable customs duties, taxes, or import fees.

11. Data Protection

The Platform processes personal data in compliance with applicable data protection laws (GDPR). For more information, please refer to our Privacy Policy.

12. Governing Law and Jurisdiction

These T&C are governed by the laws of Austria, excluding its conflict of law rules. Any disputes arising from or in connection with these T&C shall be subject to the exclusive jurisdiction of the competent courts in Vienna, Austria.

13. Contact Information

For any questions or concerns, please contact us at:
Email: office@artrethought.com