Deutsch 
(General Terms and Conditions – GTC)
for the BWORLDART Platform
Baranow Art Gallery GmbH
Krottenbachstrasse 103
A-1190 Vienna
Austria
(hereinafter referred to as «BWORLDART»)
Preamble
The BWORLDART online platform presents artworks of independent artists and enables users to
discover and purchase such artworks worldwide.
BWORLDART acts as a commission agent (Commission Agent) in its own name but on behalf and
for the account of the respective artist.
The purchase contract is concluded between the Buyer and the respective Artist.
BWORLDART provides organizational, payment processing, and logistical coordination services.
These GTC apply to all contracts and services provided via the BWORLDART platform.
Conflicting terms of the Buyer shall not apply unless expressly agreed in writing.
2.1 BWORLDART acts as a commission agent in its own name but for the account of the Artist.
2.2 BWORLDART is not the owner of the artworks unless explicitly stated.
2.3 The purchase contract is concluded between the Buyer and the Artist.
2.4 Temporary physical receipt of an artwork by BWORLDART (e.g., in Austria or Russia) does not
result in transfer of ownership to BWORLDART.
The presentation of artworks constitutes a non-binding invitation to submit an offer.
A binding contract is concluded upon confirmation of the order via the platform.
4.1 All prices are stated in Euro (€).
4.2 The Buyer pays 100% of the purchase price to BWORLDART.
4.3 The payment is held by BWORLDART in an escrow capacity.
4.4 The Buyer has 14 days after receipt of the artwork to inspect it.
4.5 If no justified complaint is made within this period, the artwork is deemed accepted.
4.6 Upon acceptance, BWORLDART transfers 50% of the purchase price to the Artist.
4.7 The remaining 50% constitutes the commission of BWORLDART covering logistics,
marketing, operational, and platform costs.
BWORLDART may use one of the following delivery models:
5.1 Delivery via Austria
The Artist ships the artwork to Austria.
BWORLDART performs a visual inspection and forwards the artwork to the Buyer.
5.2 Direct Shipping
The Artist ships the artwork directly to the Buyer according to BWORLDART’s instructions.5.3 Delivery via Russia
The Artist ships the artwork to an agreed logistical address in Russia.
From there, the artwork is forwarded to the Buyer.
5.4 Each shipment is coordinated individually.
5.5 Shipping must be insured.
5.6 The Artist must provide photo and video documentation prior to shipment.
5.7 BWORLDART provides logistical coordination and support but does not act as a freight
carrier.
Risk of loss or damage during transport is governed by applicable transport and insurance
conditions.
BWORLDART is not liable for actions or omissions of third-party carriers beyond insurance
coverage.
Consumers are entitled to a statutory 14-day withdrawal right.
Returns are coordinated by BWORLDART.
Return shipping costs are borne by BWORLDART.
Refunds are issued after receipt and inspection of the returned artwork.
8.1 The Artist guarantees authorship and authenticity of the artwork.
8.2 The Artist guarantees that the artwork does not infringe third-party rights.
8.3 The Artist must provide a certificate of authenticity.
8.4 The Artist indemnifies BWORLDART against third-party claims.
8.5 BWORLDART performs only a visual inspection and does not conduct expert art
authentication.
8.6 BWORLDART reserves the right to remove Artists from the platform in case of violations.
Artists may sell artworks through other channels.
Artists must immediately update the status of sold artworks.
In case of double sale, BWORLDART reserves the right to cancel the transaction.
BWORLDART is liable only within the scope of its organizational and coordination functions.
Liability for willful misconduct and gross negligence remains unaffected.
The Buyer acquires physical ownership only.
Copyright remains with the Artist.
BWORLDART may use images of artworks for marketing and promotional purposes.
Personal data is processed in accordance with GDPR.
A separate Privacy Policy applies.
Before initiating court proceedings, the parties agree to attempt amicable settlement.
Mediation is possible.
Applicable law is Austrian law.Mandatory consumer protection provisions remain unaffected.
Artists and galleries using the BWORLDART platform agree to comply with the following rules.
14.1 Accuracy of Information
Artists and galleries must provide accurate and truthful information about artworks, including title,
medium, dimensions, price, and authorship.
14.2 Ownership and Rights
Artists and galleries confirm that they own the rights to the artworks they upload or have the legal
authority to offer them for sale.
14.3 Availability of Artworks
Artists and galleries must ensure that artworks listed on the platform are available for sale.
If an artwork is sold through another channel, the listing must be updated immediately.
14.4 Professional Presentation
Artists and galleries are responsible for uploading high-quality images and accurate descriptions
of artworks.
BWORLDART reserves the right to remove artworks that do not meet the platform’s professional
presentation standards.
14.5 Compliance with Curatorial Policy
All artworks must comply with the BWORLDART curatorial policy.
BWORLDART reserves the right to refuse, remove, or hide artworks that violate these standards.
14.6 Account Responsibility
Users are responsible for maintaining the confidentiality of their account credentials.
BWORLDART may suspend or terminate accounts in cases of:
BWORLDART is committed to providing a secure environment for collectors and art buyers.
15.1 Escrow Payment System
Payments for artworks are held in escrow by BWORLDART until the transaction is completed.
15.2 Inspection Period
Buyers have 14 days after receiving the artwork to inspect it.
15.3 Acceptance of Artwork
If no justified complaint is submitted within the inspection period, the artwork is deemed
accepted.
15.4 Returns
If a return is approved, BWORLDART coordinates the return process.
15.5 Refunds
Refunds are issued after the returned artwork has been received and inspected.
15.6 Authenticity
Artists guarantee the authenticity of artworks listed on the platform.
BWORLDART may remove artists from the platform if authenticity concerns arise.
BWORLDART maintains a curated environment to ensure a professional and trustworthy platform.
The following types of content are prohibited:
BWORLDART may also limit the visibility of artworks that do not align with the platform’s
curatorial direction.
17.1 Artist Responsibility
Artists and galleries are solely responsible for the authenticity, authorship, and provenance of the
artworks they offer for sale on the BWORLDART platform.
17.2 Authenticity Guarantee
By listing an artwork for sale, the Artist or Gallery represents and warrants that:
17.3 Certificate of Authenticity
Where applicable, the Artist or Gallery must provide a certificate of authenticity or other
documentation confirming the origin of the artwork.
17.4 Liability for Misrepresentation
If an artwork is later proven to be inauthentic or misrepresented, the Artist or Gallery shall be fully
responsible for all related claims, damages, refunds, and legal costs.
17.5 Indemnification of BWORLDART
The Artist or Gallery agrees to indemnify and hold harmless BWORLDART, its directors,
employees, and partners from any claims, losses, or legal actions arising from disputes regarding
authenticity, authorship, or intellectual property rights.
17.6 Platform Role
BWORLDART does not provide expert authentication services and performs only a visual review
of artworks where applicable.
17.7 Right to Remove Listings
BWORLDART reserves the right to remove artworks, suspend listings, or terminate accounts if
there are reasonable doubts regarding authenticity, provenance, or legal ownership.
18.1 Access to the Platform
BWORLDART provides users with access to the online platform for the purpose of
discovering, presenting, and purchasing artworks.
18.2 Account Suspension or Termination
BWORLDART reserves the right to suspend, restrict, or terminate user accounts
without prior notice if there are reasonable grounds to believe that a user:
18.3 Removal of Content
BWORLDART reserves the right to remove or limit the visibility of artworks, listings,
or user-generated content that:
BWORLDART strives to ensure continuous availability of the platform but does not
guarantee uninterrupted or error-free operation.
Temporary interruptions may occur due to maintenance, updates, or technical
issues.
19.1 Events Beyond Control
BWORLDART shall not be liable for delays, interruptions, or failure to perform
obligations under these Terms if such events are caused by circumstances beyond
reasonable control.
19.2 Examples of Force Majeure
Such circumstances may include, but are not limited to:
19.3 Consequences
In the event of force majeure, BWORLDART may suspend the affected obligations
for the duration of the event without incurring liability.
BWORLDART will make reasonable efforts to resume normal operations as soon
as possible.
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