Terms and conditions for the art24.world platform by art24 World AG
Version 1.0 from 01.02.2022
1. General Information
1.1. The following terms and conditions ("GTC") define the legally binding conditions for the use of the art24.world art trading platform ("platform") operated by art24 Services GmbH ("operator"). The operator is a subsidiary of art24 World AG and is responsible for the administrative and organisational services related to the platform. The platform connects people who are interested in art all over the world. The platform enables juristic persons as well as natural persons who are able to act with full legal authority to offer art objects and other services to each other and to conclude corresponding contracts, provided that these persons are registered on the platform ("users"). By registering for the services on the platform, the users accept these GTC. If the users do not agree with all the provisions of these GTC or if they do not meet the requirements set out in these GTC, the services on the platform may not be used. Differing terms and conditions of the users do not apply.
1.2. These GTC regulate the contractual relationship between the operator and the user. The user offers his artworks, products and services in his own name and under his own responsibility to other users. The operator does not become a party to a contract made between the users.
1.3. These GTC do not regulate the contractual relationship between the users among themselves. Contracts which the users conclude among themselves shall be regulated exclusively by their contractual agreements. The users are solely responsible for the legally valid closing as well as for the contract-compliant execution and fulfilment of the contracts agreed upon with each other. The operator does not take any responsibility and is not liable for breaches of contract by the users among themselves.
1.4. The operator is entitled to revise these GTC at any time. In this case, registered users will be informed in advance. Generally, the new GTC come into effect one month after they have been announced. If the user does not agree with the content of the new GTC, he may no longer use the services of the platform when the new GTC come into force. The operator is entitled to block and irretrievably delete the account of the user concerned (including all content therein). These GTC apply analogously for unregistered users of the platform ("visitors").
1.5. The masculine form of language that is used is for simplification and applies equally to all other forms of gender identity.
1.6. The current GTC can be viewed under https://art24.world/legal/terms
2. Contract between the operator and the user
2.2. Legal persons as well as natural persons who are capable of acting are entitled to apply for registration on the platform to the operator. The user is obliged to provide true information about himself. If the user is a legal entity, the user guarantees that legally sufficient consent has been given by persons authorised to sign for the conclusion of the contract with the operator in accordance with the current GTC.
2.4. In the user account, the user can, in addition to his personal data, also record his artworks, products and services. He can present and offer them on the platform.
2.5. Users can also offer their artworks, products and services anonymously. However, such users must also register in advance and provide the operator with at least their email address and mobile number as a part of the registration process. In the case of obtaining chargeable services, the user must also provide the operator with his billing information. In the event of a contract being made between users, the anonymous user must disclose his identity to his contractual partner.
2.6. Access to the user's account is granted to the user for an indeterminate period of time.
2.7. The parties can terminate the contract at all times without notice. The user may give notice of termination either via the termination process available in the user account or in written form (email is sufficient). A cancellation on part of the operator will be announced to the user - as far as possible - in advance by email. Upon termination of the contract, the user is no longer entitled to have access to his user account and the operator is entitled to block and irretrievably delete this user account (incl. all the content in it) from this point in time. Any obligations of the user towards the operator remain effective. Financial obligations become due for payment immediately upon termination of the contract.
2.8. If the user violates these GTC and/or legal provisions, the operator may also sanction the user (e.g., temporary or permanent blocking of the user account, deletion of selected content of the user, warning notice, etc.). In this case, the user loses the right of reimbursement of any contributions already paid. In addition, infringements will be punished under civil and criminal law if necessary. In this case, the operator reserves all rights and claims against the offending user.
2.9. The operator reserves the right to change or terminate the use of the platform and all associated services at any time.
2.10. The operator may engage third parties to fulfil his contractual obligations.
2.11. The operator may interrupt, change or completely ban user content (in particular advertisements) at any time without compensation and without further justification.
3. Obligations of the user
3.1. The user is obliged to use the platform and the services of the operator in accordance with the law and the contract at all times.
3.2. The user is in particular required to ensure
- that his personal data and the information provided on the platform are always correct, complete and up to date.
- that the content and offered artworks, products and services uploaded to the platform by him or via his user account do not violate the rights of third parties (in particular property rights, intellectual property rights and personal rights) or morality and/or are not glorifying violence, pornographic, fraudulent, discriminatory, violating personal rights or otherwise unlawful.
- that the prices published by him for his artworks, products and services offered on the platform correspond with the respective final price. The final price also includes any possible value-added taxes, packaging, and shipping costs as well as customs duties are not included in the final price and can be charged additionally if required. Such costs must also be clearly stated.
3.3. The user is in particular obliged to
- fulfil his contractual obligations both towards the operator and towards the other users. This includes in particular the full and punctual payment of the remuneration owed to the operator.
- treat his access data to the user account confidentially and to not make them accessible to third parties; in the event that his access data is lost, he must immediately change them on the platform or immediately inform the operator so that he can block the user's account.
- only offer artworks and services on the platform which are actually for sale or can and are allowed to be provided. Artworks which have already been sold must be immediately marked as such.
3.4. Users are in particular not permitted to
- harass other users in an unreasonable manner - e.g., by sending spam or mass mails.
- distribute content of the platform or make it publicly accessible, unless the content has been lawfully published on the platform by the user (user must have the corresponding intellectual property rights).
- place an excessive burden on the operator's infrastructure or otherwise impair it.
3.5. The user must notify the operator immediately if he becomes aware of any use of the platform that violates the applicable legislation and/or these GTC.
4. Remuneration of the operator
4.1. Unless explicitly agreed otherwise between the parties, the price list published on the platform applies to the calculation of the remuneration for the services provided by the operator. The operator reserves the right to adjust the prices at any time to market and/or price developments. Unless explicitly agreed otherwise between the parties, the prices are understood to be final prices (including value added tax).
4.2. Unless explicitly agreed otherwise, the remuneration is due for payment immediately and is to be settled via the payment methods provided by the operator on the platform. Payments for recurring services shall be invoiced in advance for the respective period. If the user does not pay the fee within the stated payment deadline, he will automatically be in default without any grace period, whereby default interest of 5 % is additionally owed from this point in time. Furthermore, the operator may refuse to perform its services and may terminate the contract without further notice and without compensation. In this case, the operator also has the right to immediately block the user's account. A possible removal of such a blocking is exclusively at the discretion of the operator. The operator also explicitly reserves the right to claim further damages from the user arising from a default in payment or termination of the contract (including all costs associated with the debt recovery).
4.3. Eligible artists may apply for free access to the platform by filling out a form after opening their users' account with the operator (individual support). The operator decides at his own discretion and definitively on such a request.
5. Intellectual property rights
5.1. All accessible content on the platform (texts, image, video and audio data, graphics, programme codes, concepts, etc.) is, unless explicitly stated otherwise, legally protected. All rights to this content are the property of the operator or third parties. If the rights are held by third parties, they have granted the operator the according rights of use.
5.2. The operator grants the user the rights of use necessary for the contractual use of the platform for the duration of the contract. This shall be to the extent required and in the form of a non-exclusive, non-transferable, personal licence, revocable at any time and for use in accordance with the intended purpose.
5.3. The content transferred by the user to the platform cannot infringe any rights of third parties (e.g., personal rights and intellectual property rights). The customer must ensure that he has the corresponding rights.
5.4. By submitting content to the platform, the user grants the operator a non-exclusive, unlimited, irrevocable, transferable, sub-licensable and free of charge right of use to the respective content for the purpose of publication on the platform as well as on other online and offline media. The operator is entitled but not obliged to use and publish this content extensively for the fulfilment of the contract as well as for marketing and communication purposes.
5.5. Unless the user or visitor has the corresponding intellectual property rights, the copying, downloading, dissemination, distribution and storage of content from the platform is not permitted without the explicit and prior approval of the operator.
6. Violation of third-party rights by the user
6.1. If the user infringes the rights of third parties with his content on the platform, the user must immediately cease the contractual and/or illegal condition upon first request. If requested by the operator, the user is obliged to obtain the right to use the content free of charge or to redesign the content so that it no longer infringes the rights of third parties.
6.2. If the operator is sued by other users or third parties due to conduct of the user that violates the law or the contract (in particular due to the content, offered artworks, products or services posted by the user on the platform), the user is obligated to keep the operator fully indemnified and without liability upon first request. This includes in particular the coverage of judicial and extrajudicial costs. At the request of the operator, the user must undertake everything that appears useful to the operator in order to avoid the claim of the third party and/or a possible lawsuit. At the request of the operator, the user is also obliged to join the lawsuit after a claim has been filed. The operator reserves all further rights against the offending user.
6.3. The obligations of the user set out in the above paragraph 6.2 do not apply insofar as the user is not responsible for the relevant infringement.
7. Privacy and data security
7.1. The operator and the users agree to follow the relevant data protection regulations. In particular, the user must follow the relevant regulations at all times when using the platform (e.g., when recording, storing and processing personal data). He must communicate the relevant requirements to the operator and actively prevent any misuse himself. He is responsible for the appropriate protection of his own data. The operator does not pass on users' personal data to third parties without authorisation.
7.2. The operator is entitled to collect, process and use personal data of the user and, if applicable, also of the user's employees, institutions or consulted third parties for all purposes related to the execution of the contract. The approval also includes the use for marketing purposes.
7.3. Users may process and use personal data of other users, which they lawfully collect in the course of using the platform, exclusively for the provision of their pre-contractual and contractual services. Without the explicit consent of the user concerned, they are in particular not permitted to disclose this data to third parties (e.g., for marketing purposes).
7.4. The user explicitly authorises the operator to process his personal data and data related to him within the context of the fulfilment of the contract and to disclose it to third parties abroad (and thus worldwide). These recipients can also be located in countries where there may not be an equivalent level of data protection. The user agrees explicitly to the transfer of data to these countries.
7.5. Furthermore, personal data is processed within the frame of the currently valid data protection declaration of the operator, which can be accessed under https://art24.world/legal/privacy.
7.6. The user explicitly declares that the necessary consents for the processing of personal data as described above - where necessary - have been granted.
8. Warranty and liability
8.1. The operator is only liable for damage caused intentionally and by gross negligence. In the event of personal injury, this also applies in the case of slight negligence, provided that the operator is at fault. Any further liability, such as for indirect damage, loss of profit, loss of data and consequential damage, is excluded to the extent it is legally permitted. The operator excludes any further liability against themselves, any auxiliary persons and/or vicarious agents.
8.2. In particular, the operator excludes any warranty and liability:
- for any content which is reproduced on the platform, in particular with regard to correctness, completeness and actuality. The operator also excludes any liability for damages that may arise for the user or third parties from the use of this content.
- for content transferred by users to the platform and artworks, products and services offered on it. The operator does not guarantee that the content is true and that the artworks, products and services are genuine and without third-party rights, nor that they correspond to the expected quality and value. The user is solely and fully responsible for the content and the offered artworks, products and services presented by him on the platform.
- for references and links to third-party websites. Access to and use of such websites is at the user's own risk.
- regarding the existence of the users. The operator can neither guarantee that the respective user is actually the person he claims to be nor that he exists at all. In this respect, users act at their own risk.
- for damages in connection with the abuse of access data to the user accounts ("credentials") by unauthorised third parties.
8.3. The operator endeavours to ensure proper operation of the platform with high availability. However, he does not guarantee the uninterrupted usability or accessibility of the platform, nor is he liable for technically caused failures or restrictions (e.g., due to maintenance work). If the operator is unable to fulfil its contractual obligations due to force majeure or technical malfunctions caused by third parties (e.g., hackers), the user concerned has no claim to fulfilment of the contract for the duration of the event and thus no claim to compensation.
8.4. The statutory liability under the Product Liability Act remains unaffected by the above regulations.
9. Legal position of the operator
9.1. The operator is at no time a party to contracts between users among themselves or between users and third parties for artworks, products or services offered by users via the platform.
9.2. None of the content available on the platform constitutes a request for an offer or a recommendation to conclude a contract.
10. Final clauses
10.1. Any offsetting with counterclaims on the part of the user that are not recognised by the operator or have not been legally established is excluded.
10.2. The user may not transfer any rights and obligations resulting from the legal relationships existing between the user and the operator to third parties (including affiliated companies of the customer) without the prior, explicit and written consent of the operator.
10.3. Should provisions of these terms and conditions be or become ineffective in whole or in parts, the remaining conditions shall nevertheless remain effective. The invalid condition shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid condition.
10.4. Any amendments or additions to these terms and conditions must be in written form. This also applies to the above requirement of the written form. An electronic procedure provided by the operator is equivalent to this formal requirement.
11. Jurisdiction and applicable law
11.1. These terms and conditions and the contractual relationships on which they are based on are governed exclusively by Swiss law, to the exclusion of conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods.
11.2. The sole place of jurisdiction is the operator's head office, unless mandatory law provides a different place of jurisdiction. The operator is also entitled to take legal action against the user at his registered seat/domicile.