Deutsch 
Terms of Use
(General Terms and Conditions)
for the BWORLDART Platform
Baranow Art Gallery GmbH
Krottenbachstraße 103
A-1190 Vienna
Austria
(hereinafter referred to as “BWORLDART”)
BWORLDART operates an international online platform for the presentation, mediation and sale of artworks by independent artists and galleries.
BWORLDART enables artists and galleries to offer artworks and buyers to discover and acquire them. BWORLDART supports transactions in particular by providing the technical platform, payment processing, organisational handling, marketing and coordination of shipping and logistics.
The seller of an artwork is generally the respective artist or gallery. The purchase agreement for the artwork is concluded directly between the seller and the buyer. BWORLDART does not become a party to the purchase agreement for the artwork unless expressly stated otherwise in the respective offer.
1.1 “Platform” means the website operated by BWORLDART and the digital services connected with it.
1.2 “Users” means all persons who use the Platform.
1.3 “Buyer” means a person who acquires or intends to acquire an artwork via BWORLDART.
1.4 “Seller” means the artist or gallery offering an artwork for sale via BWORLDART.
1.5 “Artists” means natural or legal persons offering their own artworks or otherwise legally entitled to do so.
1.6 “Galleries” means natural or legal persons entitled to offer artworks by artists they represent.
1.7 “Consumer” and “Business User” shall be determined in accordance with the applicable statutory provisions.
1.8 “Artwork” means any original artwork or other object expressly designated as an artwork and offered via BWORLDART.
1.9 “Commissioned Artwork” means an artwork created upon a specific order in accordance with the individual specifications or personal wishes of the Buyer.
1.10 “Packaging Guidelines” means the packaging requirements issued by BWORLDART from time to time for the safe shipment of artworks.
PART A – USE OF THE PLATFORM BY ARTISTS AND GALLERIES
2.1 Certain functions of the Platform require the creation of a user account.
2.2 Users must be at least 18 years old and have full legal capacity.
2.3 All information provided during registration must be complete, accurate and up to date.
2.4 Sellers must in particular indicate whether they act as a business/commercial seller or as a private/non-commercial seller.
2.5 BWORLDART is entitled to request appropriate evidence regarding identity, address, company information, authority to represent, tax information, bank details, ownership structures or other information required for the operation of the Platform.
2.6 Any changes to such information must be communicated to BWORLDART without undue delay.
2.7 Login credentials must be kept confidential. Users shall be liable in accordance with applicable law for misuse of their account to the extent such misuse is attributable to them.
3.1 BWORLDART offers paid subscription plans for Sellers. At the time of this version, the following monthly prices and sales commissions apply:
|
Plan |
Price per Month |
Sales Commission |
|
Artist Basic |
€ 19 incl. VAT |
25% |
|
Artist Pro |
€ 39 incl. VAT |
15% |
|
Gallery Basic |
€ 79 incl. VAT |
15% |
|
Gallery Pro |
€ 149 incl. VAT |
10% |
3.2 The stated prices are final prices including statutory VAT, where applicable. For business users, in particular in cross-border B2B transactions, a different VAT treatment, including the reverse-charge mechanism, may apply where required by law.
3.3 The specific scope of services included in each plan is displayed on the Platform before the subscription is concluded and forms part of the agreement.
3.4 The subscription is concluded for an indefinite period with a minimum contractual term of one month.
3.5 Billing is carried out monthly in advance.
3.6 After the first month, the subscription renews for successive one-month billing periods unless cancelled.
3.7 The subscription may be cancelled at any time. Cancellation takes effect at the end of the billing period already paid for.
3.8 No pro-rata refund is generally provided for a billing period already commenced in the event of voluntary cancellation, unless mandatory consumer law provides otherwise.
3.9 An upgrade to a higher plan may, where technically available, take effect immediately. A downgrade generally takes effect at the beginning of the next billing period.
3.10 BWORLDART does not guarantee any specific reach, number of profile views, enquiries or sales as a result of a subscription.
4.1 Artists who enter into a subscription as consumers are entitled to the statutory rights of withdrawal applicable to them.
4.2 BWORLDART provides a separate withdrawal notice and, where legally required, a model withdrawal form.
4.3 If a consumer expressly requests that BWORLDART begin providing paid services during the statutory withdrawal period, a legally permissible proportionate amount may be payable for services already provided if the consumer subsequently withdraws.
4.4 Mandatory statutory consumer rights remain unaffected.
5.1 In addition to the applicable subscription fee, BWORLDART receives the sales commission corresponding to the Seller’s chosen plan for each successfully mediated sale of an artwork.
5.2 The basis for calculating the commission is generally the sale price of the artwork agreed via BWORLDART. Separately stated shipping costs and customs duties or import charges payable by the Buyer are not included in the commission basis.
5.3 Different conditions may be agreed for individually negotiated sales or special services.
5.4 Additional fees will only be charged to the Seller if they have been transparently agreed before they arise.
6.1 The Seller remains the seller and contractual party vis-à-vis the Buyer in relation to the purchase of the artwork.
6.2 BWORLDART may prepare and provide invoices, purchase receipts or other transaction documents to the Buyer in the name and on behalf of the Seller.
6.3 The Seller remains responsible for the accuracy of its tax information and for compliance with its own tax, VAT and invoicing obligations.
6.4 BWORLDART issues the Seller an invoice for the platform, mediation and sales services provided by BWORLDART.
6.5 The sales settlement may in particular include the sale price of the artwork, the BWORLDART commission, any separately agreed additional costs and the amount payable to the Seller.
7.1 Sellers are required to provide complete and accurate information for each artwork offered. This includes in particular:
7.2 The Seller warrants that it owns the artwork offered or is otherwise legally entitled to sell it.
7.3 Galleries warrant that they are authorised to represent the stated artist and to sell the respective artwork.
7.4 Material discrepancies between the description and the actual condition of the artwork are not permitted.
8.1 Sellers are responsible for the accuracy of information relating to authenticity, authorship and provenance.
8.2 A certificate of authenticity must generally be provided for original artworks.
8.3 The Seller warrants in particular that the artwork offered is authentic, the stated authorship is correct, the artwork may lawfully be sold, no third-party rights prevent the sale and known material provenance information is not withheld.
8.4 BWORLDART may request documents or further evidence regarding authenticity or provenance.
8.5 BWORLDART does not perform expert authentication of artworks. Any visual checks carried out by BWORLDART do not constitute a guarantee of authenticity by BWORLDART.
8.6 If there are reasonable doubts regarding authenticity, ownership or provenance, BWORLDART may hide or remove the listing, suspend the transaction and request appropriate supporting evidence.
9.1 Sellers may generally offer artworks through other sales channels as well.
9.2 If an artwork listed on BWORLDART is sold elsewhere or otherwise becomes unavailable, the Seller must update its status without undue delay.
9.3 If a double sale occurs because availability was not updated, BWORLDART may cancel the relevant transaction.
9.4 Repeated breaches may result in restriction or suspension of the Seller’s account.
10.1 Sellers may not deliberately conclude transactions outside the Platform with Buyer contacts or purchase enquiries originating through BWORLDART for the purpose of avoiding the agreed BWORLDART commission.
10.2 If a sale concluded outside the Platform can demonstrably be attributed directly to a Buyer contact established through BWORLDART and the Platform was deliberately circumvented to avoid commission, the agreed sales commission remains payable.
10.3 Sales arising independently of BWORLDART through pre-existing contacts or other sales channels are not covered by this provision.
11.1 Copyright in the artwork remains with the artist or other relevant rights holder.
11.2 By using the Platform, the Seller grants BWORLDART, for the duration of the use of the Platform, a non-exclusive, worldwide and royalty-free licence to use the images, videos, texts and other content provided, to the extent necessary for the provision, promotion and marketing of the artwork, the Seller or the Platform.
11.3 This includes in particular use on the BWORLDART website, social media channels, online and print advertising, newsletters, press and PR materials, search-engine advertising, exhibitions and art fairs, and presentation and sales materials.
11.4 BWORLDART may technically edit such content for these purposes, in particular by scaling, cropping, formatting or combining it with text, logos or layout elements, provided that the artwork is not presented in a distortive manner.
11.5 Previously published posts, documentation or archival materials do not generally have to be deleted retroactively after termination of an account, unless required by law.
11.6 The Seller warrants that it holds all image, copyright, personality and other rights required for the uses described above.
12.1 BWORLDART is a curated art platform.
12.2 BWORLDART may reject, hide or remove artworks if they:
12.3 The fact that an artwork is lawful does not create any entitlement to publication or continued visibility on BWORLDART.
12.4 Content decisions may, where used, be supported by technical or automated systems and supplemented by human review.
12.5 BWORLDART provides an electronic means for reporting allegedly unlawful content.
13.1 The order and visibility of Sellers and artworks may in particular be influenced by the following factors:
13.2 The weighting of these parameters may vary depending on the search area and function.
13.3 Subscription to a higher-tier plan does not guarantee any particular placement or number of sales.
13.4 Where BWORLDART or an affiliated company itself offers artworks on the Platform, such offers will be treated accordingly. Any materially different or preferential treatment will be disclosed transparently where required by law.
PART B – PURCHASE AND SALE OF ARTWORKS
14.1 The parties to the purchase agreement for an artwork are exclusively the respective Seller and the Buyer.
14.2 BWORLDART mediates the agreement and supports its processing but does not generally act as the seller of the artwork.
14.3 Before the purchase is concluded, the Buyer is informed of the identity of the Seller of the artwork.
14.4 BWORLDART in particular indicates whether the Seller, according to the information provided by the Seller, acts as a business seller or as a non-commercial/private seller.
15.1 The presentation of an artwork on the Platform does not generally constitute a binding offer unless expressly stated otherwise.
15.2 By completing the ordering process, the Buyer submits a binding offer to purchase the selected artwork.
15.3 The purchase agreement is concluded once the order is expressly accepted by the Seller or by BWORLDART within the scope of authority granted by the Seller.
15.4 A purely technical order confirmation does not constitute acceptance unless it is expressly designated as such.
15.5 If an artwork is unavailable despite being displayed as available, the order may be rejected and any amount already paid will be refunded in full.
16.1 The prices displayed on the Platform for artworks are the sale prices specified by the Seller.
16.2 Any shipping costs are shown separately to the Buyer before the order is completed.
16.3 The Buyer pays the full amount shown at checkout using the payment methods provided by BWORLDART.
16.4 Payment processing is carried out via regulated payment service providers used by BWORLDART, in particular Stripe.
16.5 The Seller agrees that the purchase price may be processed through the payment system made available by BWORLDART.
16.6 Payment to the Seller is made in accordance with Clause 17 of these Terms and Conditions.
16.7 The terms and technical requirements of the respective payment service providers may apply in addition.
17.1 The Buyer pays the full purchase price as part of the order.
17.2 The amount due to the Seller is generally paid out after the expiry of 14 days from documented delivery of the artwork to the Buyer.
17.3 Payment to the Seller is subject in particular to there being no return request, no unresolved justified complaint, no transport damage under investigation, no pending payment reversal or chargeback and no outstanding identity, compliance or other legally required review.
17.4 The BWORLDART commission agreed under the Seller’s selected plan is deducted from the sale proceeds.
17.5 Outstanding amounts legally owed by the Seller to BWORLDART may, where permitted by law, be set off against the payout.
17.6 If, after payout has already been made, a justified refund becomes necessary due to a circumstance attributable to the Seller, BWORLDART may reclaim the corresponding Seller share.
18.1 The Seller is responsible for professional and transport-safe packaging of the artwork.
18.2 The Seller bears the cost of packaging.
18.3 Sellers must comply with the BWORLDART Packaging Guidelines applicable at the time of shipment.
18.4 BWORLDART may in particular require photo or video evidence of the condition of the artwork before packaging, the packaging process, the protective materials used, the fully packed artwork and the shipment-ready package.
18.5 Failure to comply with the Packaging Guidelines may result in available insurance coverage being restricted or in the Seller being responsible for damage or resulting costs to the extent the damage is attributable to improper packaging.
19.1 Shipping is generally coordinated by BWORLDART.
19.2 BWORLDART or a logistics partner appointed by BWORLDART provides the Seller with the necessary shipping information and generally a shipping label.
19.3 The Seller must hand over the artwork to the specified carrier in due time in accordance with the shipping instructions received.
19.4 Depending on origin, destination, type of artwork and logistical circumstances, BWORLDART may use different transport routes or intermediate locations.
19.5 BWORLDART itself is not a carrier.
19.6 Unless otherwise stated in the offer, the Buyer bears the outbound shipping costs displayed at checkout.
20.1 Shipments organised by BWORLDART are, where intended and available, carried out with appropriate transport insurance coverage.
20.2 Insurance coverage is in particular subject to compliance with the required packaging and documentation requirements.
20.3 In purchase agreements between a business seller and a consumer, risk passes in accordance with mandatory law, generally only upon delivery of the artwork to the consumer or a third party designated by the consumer.
20.4 In all other cases, transfer of risk is governed by the applicable statutory provisions.
20.5 In the event of damage, the Buyer and Seller must inform BWORLDART without undue delay and provide all documents, photographs and information required for an insurance or transport claim.
21.1 International deliveries may give rise to customs duties, import VAT, import taxes, handling fees or other governmental charges.
21.2 Unless expressly stated otherwise, such customs and import charges are not included in the sale price or shipping costs and are payable by the Buyer.
21.3 The Buyer must provide in due time all information and cooperation required for proper import clearance.
21.4 The Seller must provide correct information and documents relating to export and the artwork.
21.5 If the Buyer refuses delivery without justified reason or fails to meet necessary import or customs obligations, any resulting additional transport, return, storage or other costs may be charged to the Buyer to the extent permitted by law.
22.1 BWORLDART generally grants Buyers a contractual right to return regularly listed artworks within 14 days of receipt, irrespective of the legal status of the Seller.
22.2 The Buyer must clearly notify BWORLDART of the intention to return the artwork within this period.
22.3 BWORLDART then coordinates the return shipment and provides the Buyer with the necessary return instructions.
22.4 The Buyer generally bears the cost of the return shipment.
22.5 The artwork must be returned in the condition in which it was received. The Buyer must package it safely for transport and in accordance with the return instructions provided by BWORLDART.
22.6 Under the voluntary BWORLDART return policy, the purchase price of the artwork is generally refunded.
22.7 Original shipping costs, customs duties, import taxes and other external charges are not refunded under the voluntary return policy unless mandatory law provides otherwise.
22.8 The refund is made after receipt and reasonable inspection of the returned artwork.
22.9 This voluntary return policy does not restrict any statutory consumer, warranty or damages rights.
23.1 If the Seller acts as a business and the Buyer acts as a consumer, the applicable mandatory consumer protection rights apply in addition.
23.2 Where a statutory right of withdrawal exists, it is not restricted by the voluntary BWORLDART return policy.
23.3 Where required by law, a valid statutory withdrawal results in reimbursement not only of the purchase price but also of the cost of the least expensive standard outbound delivery offered.
23.4 The consumer bears the direct cost of returning the artwork if the consumer was duly informed of this before the contract was concluded and no statutory exception applies.
23.5 For artworks which, by their nature, cannot normally be returned by post, the consumer is provided before conclusion of the contract with the legally required information regarding the estimated return costs.
23.6 If the Seller acts as a private/non-business seller, the specific consumer-law withdrawal rights applicable to consumer-business contracts generally do not apply to the purchase agreement. The voluntary BWORLDART return policy under Clause 22 remains unaffected.
24.1 The voluntary 14-day BWORLDART return policy does not apply to artworks that are created according to the Buyer’s individual specifications, clearly tailored to the Buyer’s personal needs or produced specifically for the Buyer under an individual commission agreement.
24.2 Where the statutory requirements are met, no statutory right of withdrawal applies to such individually created artworks either.
24.3 The mere fact that an artwork is completed only after an order is placed is not sufficient for this exception unless relevant individual customer specifications have been agreed.
24.4 Claims based on defects, damage, incorrect description, missing agreed characteristics or lack of authenticity remain unaffected.
25.1 Buyers should, where possible, photographically document visible transport damage immediately upon receipt and inform BWORLDART without undue delay.
25.2 In the event of transport damage, BWORLDART coordinates further handling with the Seller, Buyer, carrier and, where applicable, insurer.
25.3 In the event of a justified complaint due to a defect, material discrepancy from the description, incorrect delivery, transport damage or lack of authenticity, the Buyer generally does not bear the required return shipping costs.
25.4 Mandatory statutory warranty rights remain fully unaffected.
26.1 Expiry of the 14-day return period only means that the voluntary return right ends and, provided no complaint remains unresolved, payment to the Seller may be released.
26.2 Expiry of this period does not exclude statutory claims based in particular on defects, missing agreed characteristics, deception, lack of authenticity, forgery or infringement of third-party rights.
PART C – PLATFORM OPERATION AND COMPLIANCE
27.1 BWORLDART is entitled and, where required by law, obliged to carry out identity and compliance checks before or during a business relationship.
27.2 BWORLDART may in particular request identification documents, residential or business addresses, company and register information, information on beneficial owners, bank details, tax identification numbers, information on the provenance of an artwork, information on the source of funds and any other evidence required by law.
27.3 BWORLDART may suspend a transaction or payout until any required review has been successfully completed.
27.4 BWORLDART may refuse or cancel transactions if their execution would violate legal requirements, sanctions, anti-money laundering rules, export or import restrictions or requirements of a payment service provider.
28.1 Sellers are required to provide BWORLDART with all information necessary for BWORLDART to comply with tax or other statutory reporting and due-diligence obligations.
28.2 BWORLDART is entitled and, where applicable, required to report information relating to Sellers, transactions and remuneration to competent authorities.
28.3 This applies in particular to obligations under the Austrian Digital Platforms Reporting Obligations Act and comparable national or international rules.
28.4 The Seller is responsible for the proper taxation of its own income and sales.
29.1 BWORLDART processes data in connection with operation of the Platform in accordance with its separate Privacy Policy.
29.2 Sellers receive only those personal Buyer data that are necessary to perform a transaction.
29.3 Buyer data may be used by the Seller solely for performance of the purchase agreement and compliance with statutory obligations. Use for the Seller’s own advertising or marketing is not permitted without an appropriate legal basis or consent.
29.4 BWORLDART may in particular process account, listing, usage, communication, payment and transaction data to the extent required for operation of the Platform, security, statistics, compliance, customer service and statutory obligations.
29.5 Following termination of an account, the User’s access to Platform data may cease.
29.6 Data subject to statutory retention obligations, transaction records and data required to assert or defend legal claims may be retained for the applicable statutory periods.
30.1 BWORLDART may in particular restrict or temporarily suspend content, functions or accounts in the event of:
30.2 Measures must be proportionate, taking into account the nature and seriousness of the breach.
30.3 Where required by law, a business user will receive reasons for any restriction, suspension or termination of access to the Platform.
30.4 Immediate suspension or termination remains possible where required by law or justified by serious breaches, fraud, security risks or comparable circumstances.
31.1 Cancellation of a subscription generally terminates the paid plan services at the end of the paid billing period.
31.2 Listings may thereafter be deactivated or removed from public display.
31.3 Transactions already concluded or in progress will continue to be processed properly irrespective of cancellation.
31.4 Agreed commissions and other obligations remain in force for sales already mediated.
31.5 Statutory retention and reporting obligations remain unaffected by termination of the account.
32.1 BWORLDART endeavours to maintain a high level of availability and security of the Platform.
32.2 Continuous and entirely uninterrupted availability cannot be guaranteed.
32.3 Temporary restrictions due to maintenance, security measures, technical problems, third-party service providers or events outside BWORLDART’s sphere of influence do not automatically give rise to a claim for damages.
32.4 Mandatory statutory rights remain unaffected.
33.1 BWORLDART is liable for proper performance of the platform, mediation and coordination services assumed by BWORLDART in accordance with the applicable statutory provisions.
33.2 BWORLDART is not liable for the authenticity, legal ownership, actual condition or complete accuracy of information provided by a Seller to the extent BWORLDART neither knew nor, under applicable law, was required to know that such information was incorrect.
33.3 BWORLDART is not liable for acts of independent carriers, payment service providers or other service providers to the extent such acts are not legally attributable to BWORLDART.
33.4 To the extent permitted by law, BWORLDART’s liability for slightly negligent breaches of duty is limited to foreseeable and typical losses arising from material contractual obligations.
33.5 Limitations of liability do not apply in particular in cases of intent, gross negligence where liability cannot legally be limited, injury to life, body or health, mandatory product liability or other cases in which liability cannot be excluded or limited by law.
33.6 Mandatory consumer rights remain unaffected.
34.1 To the extent permitted by law, the Seller shall indemnify and hold BWORLDART harmless from justified third-party claims brought against BWORLDART due to a breach attributable to the Seller involving copyright or other third-party rights, lack of authority to sell, incorrect authenticity or provenance information, unlawful descriptions or culpable breaches of these Terms and Conditions.
34.2 This includes reasonable and necessary legal defence costs to the extent permitted by law.
35.1 BWORLDART is not liable for delays, restrictions or impossibility of performing a transaction where these result from circumstances outside BWORLDART’s reasonable sphere of control.
35.2 Such circumstances include in particular natural disasters, war or armed conflict, political or governmental measures, sanctions, export or import restrictions, customs and border measures, restrictions on international payment flows, transport disruptions, strikes and significant power, communications or internet outages.
35.3 In such cases BWORLDART may temporarily suspend affected services or transactions, examine alternative shipping or payment routes or cancel a transaction where lawful and economically reasonable performance is not possible.
35.4 In the event of final cancellation, payments already made that are subject to reimbursement will be refunded in accordance with the applicable conditions.
36.1 BWORLDART may change subscription prices and the scope of services for future billing periods.
36.2 Price changes will generally be announced at least 30 days before they take effect.
36.3 Users may cancel their subscription before a price increase takes effect.
36.4 Material changes to these Terms and Conditions will be communicated to affected Users in an appropriate form, in particular by email.
36.5 With respect to business users, any mandatory information and advance-notice periods under applicable law will be observed.
36.6 Changes will not be applied retroactively to transactions already concluded unless required by law.
36.7 Mandatory consumer rights remain unaffected.
37.1 Personal data are processed in accordance with applicable data protection law, in particular the General Data Protection Regulation.
37.2 Further information is provided in BWORLDART’s separate Privacy Policy.
38.1 Buyers and Sellers are requested to contact BWORLDART first in the event of problems relating to a transaction.
38.2 BWORLDART may attempt to facilitate an amicable solution between the Buyer and Seller.
38.3 This does not make BWORLDART a party to the underlying purchase agreement.
38.4 Statutory rights to judicial or extrajudicial enforcement remain unaffected.
39.1 The contractual relationship between BWORLDART and the respective User is governed by Austrian law, excluding its conflict-of-laws rules, to the extent legally permissible.
39.2 Purchase agreements concluded via BWORLDART between Buyers and Sellers are likewise governed by Austrian law to the extent no mandatory statutory or private international law provisions provide otherwise.
39.3 With respect to consumers, this choice of law must not deprive them of mandatory protections provided by the law of their habitual residence.
39.4 To the extent applicable to contracts between businesses, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
40.1 For disputes between BWORLDART and business users, the courts with subject-matter jurisdiction in Vienna shall have exclusive jurisdiction to the extent legally permissible.
40.2 Mandatory statutory rules on jurisdiction apply in relation to consumers.
40.3 Disputes arising from the purchase agreement between Buyer and Seller are subject to the applicable statutory rules on jurisdiction.
41.1 If any provision of these Terms and Conditions is or becomes wholly or partly invalid or unenforceable, the remaining provisions remain unaffected to the extent permitted by law.
41.2 Individual agreements between BWORLDART and a User take precedence over these Terms and Conditions to the extent validly concluded.
41.3 A transaction is generally governed by the version of these Terms and Conditions in force at the time the relevant agreement is concluded.
Discover contemporary art, new collections, and artists from around the world.