Terms and conditions

a) Pickup by the buyer

If this option is selected, the buyer collects the artwork in person from the seller. The distance relevant for pickup is shown to the buyer in the app as a straight-line distance based on both parties’ postal codes. The buyer undertakes to choose this option only if their location is actually within the postal code stated. The obligation to collect applies only within the postal code stated at purchase. Under this option the buyer pays no shipping in addition to the purchase price and the platform transaction fee.

b) Personal delivery by the seller

The seller may optionally offer personal delivery of the artwork. To do so, when creating the offer they set a maximum delivery distance (in km, straight line) and a shipping flat rate per 10 km (one-way). The distance shown in the app is calculated from the buyer’s stated postal code. The seller undertakes to deliver only if the buyer is actually located in the postal code stated at purchase and that location is within the delivery distance defined by the seller.

c) Individual shipping by the seller

If this option is selected, the seller arranges shipping at their own responsibility (e.g. via freight forwarder or parcel services) to the address provided by the buyer. Shipping costs are set as a flat rate by the seller and shown to the buyer during checkout. The seller must hand the artwork over to the shipping provider properly and within the period stated in Section 3.

Shipping costs

Shipping costs depend on the shipping method chosen and are set by the seller when creating the offer. They are shown transparently to the buyer during checkout and form part of the total amount (see Section 6). No shipping costs apply for pickup. All shipping costs are payable by the buyer together with the purchase price.

Packaging and shipping responsibility

The seller must pack the artwork properly and safely and hand it over on time to the agreed carrier or in person. The buyer is responsible for providing a correct delivery address and accepting delivery.

Individual changes to shipping method

After conclusion of the contract, seller and buyer may agree a different handover method (e.g. personal handover instead of shipping). Such arrangements are made outside the platform at the parties’ own risk. The platform operator is not involved in such arrangements and accepts no responsibility for their performance.

Communication

In all cases, communication to coordinate pickup time, delivery, or shipping takes place directly between buyer and seller via the chat function in the artefacts app.

Liability and safety

The platform operator accepts no liability for performance, safety, or success of delivery or handover. Contractual duties – including delivery, shipping, packaging, payment, and receipt – exist exclusively between buyer and seller. This also applies to damage, loss, delays, or other issues during transport or at personal handover.

Any transport insurance or special shipping requests must be agreed individually between buyer and seller.

For in-person meetings (e.g. for pickup or delivery), responsibility for safety and performance lies solely with the users involved. The platform operator accepts no responsibility for incidents that occur outside the platform. Users are encouraged to observe usual precautions for personal handovers.

Users’ own content

Users may publish their own content on the platform, including in particular photos of artworks, descriptive text, profile images, texts, and other information (“user content”). Each user is solely responsible for the content they provide and warrants that all published information is truthful and does not infringe third-party rights.

Each user ensures that any trademarks, logos, or marks used on their works do not infringe third-party trademark rights.

In particular, the user undertakes not to publish content that

• they do not hold the necessary copyright, trademark, design, or personality rights to,
• contains personal data or likenesses of third parties without their consent,
• violates statutory provisions or official requirements.

The user warrants that they have obtained all rights, licences, and consents required to lawfully publish the respective content on artefacts and to make it available to the platform operator for use to the extent described here.

Impermissible content

It is prohibited to publish content via artefacts that violates applicable law or public policy (gute Sitten). In particular, the following are impermissible:

• unlawful, insulting, youth-endangering, violence-glorifying, discriminatory, or pornographic content,
• content with extremist or radical ideas,
• so-called “hate speech”,
• offers of goods that do not qualify as artworks within the platform concept,
• and the sale of products that are legally prohibited (e.g. weapons, protected animal products, stolen goods, medicinal products, etc.).

The platform operator reserves the right to remove such or other inappropriate content at any time without notice and to suspend or permanently block affected user accounts. There is no claim to restoration or compensation.

Liability for content and indemnity

The platform operator expressly does not adopt user-posted content as its own. It is not obligated to review published content in advance. If third parties believe their rights are infringed by user content, solely the respective user is responsible.

Upon first request, the user shall indemnify the platform operator against all third-party claims (in particular under copyright, trademark, personality, or competition law) arising from content posted by the user. This includes reasonable costs of legal defence.

Grant of usage rights

By uploading or posting content (e.g. photos of artworks, descriptive text), the user grants the platform operator a simple, non-exclusive, worldwide licence to display, reproduce, make publicly available, and use that content for promotion of the platform within the operation of the platform.

This use includes in particular:

• display of the content on the artefacts app and website,
• use for presentation on partner websites or artefacts’ social media channels (e.g. Instagram, LinkedIn, TikTok) where this serves sales promotion,
• and minor edits (e.g. cropping, technical adaptation to formats or layouts).

There is no transfer to third parties or other commercial use by the platform operator unless the user has expressly consented in advance.

The grant of rights applies only for the duration of the active contractual relationship between user and platform. The user may delete content they uploaded at any time; upon complete removal, the usage licence also expires. Upon termination of use (see Section 13), the permission to use likewise ends, at the latest upon complete deletion of the relevant content from the platform.

Eligibility to register

Use of the artefacts app as a registered user is permitted only to natural persons of full age and with full legal capacity (minimum age 18) and to legal entities. Minors may not register or use the service. Each user may register only once and maintain only one user account.

The user account is personal and non-transferable.

Registration process

Use of the artefacts app requires creation of a user account. Registration takes place via an online form in the app and requires at least a valid email address. Alternatively, registration may be done via existing Apple or Google accounts (“social sign-in”). The user undertakes to provide truthful information at registration and to keep their data up to date.

Use of the app as a buyer is already possible with basic registration.

If seller functions are used – in particular offering and selling artworks – additional verification and onboarding via the payment service provider Stripe is required. This is a separate registration process in which Stripe, as an external provider, collects, reviews, and manages all required information (e.g. proof of identity, bank details, tax information).

The platform operator has no influence on this verification process and accepts no responsibility for its performance, duration, or outcome. Without successfully completed Stripe onboarding, sales via the platform are not possible.

Sellers must provide, in addition to general registration data, further information required by law or for payment processing during onboarding. This includes in particular:

• the seller’s legal status (e.g. private individual, small business, company),
• tax number or VAT identification number, where applicable,
• and further tax- or law-relevant information, insofar as requested in the course of registration or payment processing (e.g. via Stripe).

The seller alone is responsible for ensuring that all information provided is complete, correct, and current. They undertake to notify changes without delay and to update their data in the user account.

On the basis of information provided by the seller, the platform operator automatically generates invoices or receipts. These documents are issued exclusively in the name and on behalf of the respective seller.

The seller alone is responsible for the substantive accuracy of that information, in particular regarding display of VAT, tax rate used, statement of tax number or VAT ID, and legal classification of their selling status (e.g. small business under Section 19 of the German VAT Act (UStG)).

The platform operator does not provide tax advice and is not obliged to verify sellers’ information for completeness or accuracy. Compliance with all tax duties (e.g. VAT, income tax, invoicing obligations) rests solely with the seller.

As between the parties, the seller shall indemnify the platform operator against all third-party claims and official measures arising from incorrect or incomplete information in connection with invoice generation.

False, incomplete, or abusive information may, however, lead to suspension or deletion of the user account.

Formation of the user agreement

Upon completion of registration – by submitting the registration form and successful verification of the email address or, with social sign-in, via Apple or Google – a user agreement is concluded between the user and the platform operator. By registering, the user accepts these GTC as binding.

There is no entitlement to conclusion of a user agreement or to use of the platform. The platform operator reserves the right to refuse or block registrations and user accounts in individual cases without stating reasons, in particular in the event of breach of these GTC or legal requirements.

No tax representation or partnership

The user agreement does not create a corporate relationship, representation, commission arrangement, or other economic dependence between user and platform operator. In particular, the platform operator does not act as representative or transferor of the works offered by the user.

The user acts on their own responsibility when using the platform, including for tax purposes.

Account security and user responsibility

The user must keep their login credentials (e.g. password or social login) confidential and secure them against unauthorised access. Sharing login credentials with third parties is prohibited. The user is liable for all actions performed using their account, insofar as they are responsible for them.

If there are indications of unauthorised access or misuse of the account, the platform operator must be notified without delay. The platform operator reserves the right to suspend affected accounts pending clarification.

Compliance with law and third-party rights

All users must comply with applicable law when using artefacts and must not infringe third-party rights. No art may be offered or sold whose possession or sale violates legal requirements.

Sellers may offer for sale on the platform only works in which they either themselves hold ownership and the necessary exploitation rights or are authorised to sell by the rights holder. In particular, each seller warrants that they are the lawful author or owner of the artworks offered (or authorised by the author to dispose of them) and that no copyright, trademark, or personality rights are infringed by the offer or the content.

Buyers must likewise observe statutory provisions; e.g. purchased artworks may not be commercially exploited without the author’s consent (copyright).

Prohibited conduct

Users must not use their account for fraudulent acts or use the platform for unlawful purposes. It is not permitted to deceive other users or impersonate another person. It is also prohibited to attempt to circumvent the app’s technical security mechanisms, to send spam, chain letters, or unsolicited advertising to other users, or to engage in any conduct that could endanger operation of the platform or disturb the integrity of the marketplace community. Sellers must not solicit artefacts users for sales outside the platform in order to avoid the transaction fee.

Breaches and consequences

The platform operator reserves the right to take appropriate measures if a user breaches these GTC or statutory provisions. Depending on the severity of the breach, such measures may include a warning, partial or complete deletion of content, temporary suspension of the user account, or, in serious cases, permanent termination and blocking of the user. If an account is blocked, the user must not register again for the platform. The platform operator is also entitled, where criminal conduct is suspected, to inform the competent authorities and to disclose user data to them within the limits of the law.

Indemnity

The user shall indemnify the platform operator against all third-party claims asserted against artefacts due to legal violations for which the user is responsible (e.g. infringement of copyright, personality rights, or tax duties). In such a case the user bears the costs of necessary legal defence of the platform operator, including all court and attorney fees at the statutory rate. Further claims and damages of the platform operator remain unaffected.

Use of Stripe as payment service provider

Payment processing for purchases on artefacts is handled by the external payment service provider Stripe Payments Europe Ltd. under Stripe Connect (Express). Stripe is a payment service provider regulated by the Central Bank of Ireland within the meaning of the EU Payment Services Directive (PSD2).

Sellers who wish to receive payments via artefacts must set up a Stripe account in the Connect system. Use of Stripe services is subject exclusively to Stripe’s terms of use and privacy policy.

The platform operator has no influence over Stripe’s registration or review process and accepts no liability for delays, rejections, or malfunctions on Stripe’s part.

Payment of the purchase price

The buyer pays the total amount for their order – consisting of the price of the artwork, any shipping costs, and the platform transaction fee – in full during checkout via the payment system provided by Stripe. Common payment methods such as credit card, Apple Pay, and other local payment methods are supported.

Payment is received by Stripe on behalf of the seller. The seller expressly authorises the platform operator to appoint Stripe as payment service provider to receive and process payment. Payment by the buyer through Stripe discharges the buyer’s debt to the seller. The platform operator does not itself become a contracting party of the buyer and acts only as technical intermediary and interface for payment processing.

Platform commission

For each transaction successfully processed via artefacts, the platform operator charges an intermediary commission of 9% of the sale price including statutory VAT (currently 19%). This commission is automatically withheld in the course of Stripe payment processing (“split payment”): Stripe splits the total amount paid by the buyer and forwards the amount minus the commission to the seller. The seller thus receives the agreed work price plus any shipping costs, minus the transaction fee.

Any circumvention of the platform or arranging a sale outside artefacts after prior contact via the platform constitutes a breach of duty and may result in account suspension and a claim for damages.

Settlement of the commission

The platform operator issues the seller a proper invoice for the withheld commission, showing VAT. The commission is remuneration for the technical intermediary service and platform use provided by the platform operator.

No direct collection by the seller

All payments for works purchased via artefacts must be processed exclusively through the Stripe payment system. The seller undertakes not to offer or require alternative payment methods outside the platform.

If payment fails (e.g. chargeback, card error), no valid purchase contract is formed. In those cases the seller is released from their delivery obligation. The platform operator accepts no liability for payment defaults or resulting damage. artefacts nevertheless endeavours, through technical measures, to ensure that only authorised and confirmed payments are forwarded to the seller

Seller’s invoicing duty

Sellers must issue a proper invoice to the buyer for each concluded purchase contract if they are entrepreneurs within the meaning of VAT law (Section 2 UStG) or if the buyer expressly requests an invoice. The invoice must contain all legally required particulars, including:

• name and address of the seller,
• invoice date,
• clear description of the service (e.g. description of the artwork),
• net sale price, VAT amount and rate,
• total amount (gross price),
• tax number or VAT identification number, where applicable.

If the seller is liable for VAT, VAT must be shown correctly. If the seller is a small business within the meaning of Section 19 UStG, VAT must not be shown and an appropriate reference to the small-business scheme must be included.

Automated generation via artefacts

To assist sellers with invoicing, artefacts provides an automated system. For each transaction, either

• a receipt (for sellers with private status), or
• an invoice (for sellers with business status)

is generated automatically in the name and on behalf of the seller and made available to the buyer electronically as a download within the app.

These automatically generated documents contain the information stored by the seller in the system. The platform does not actively edit the content. The artefacts commission is not shown on these documents because artefacts is not a party to the purchase contract. The documents contain a clear reference to the intermediary role of the platform and that the purchase contract was concluded exclusively between seller and buyer.

Disclaimer and responsibility

Automated invoice and receipt generation serves solely to support sellers technically. Legal responsibility for the content, accuracy, and tax conformity of these documents remains solely with the seller. Sellers must promptly review each automatically generated receipt or invoice and correct it if necessary.

In case of errors in the invoice or receipt, the seller may contact:

marius.wergen@artefacts-app.com or +49 157 56286401 or

felix.wilhelm@artefacts-app.com or +49 157 52860083.

The platform operator accepts no liability or warranty for the accuracy, completeness, tax correctness, or legal validity of the generated documents – in particular not for incorrect VAT displays, incomplete information, or abusive use of false status information (e.g. small business scheme).

artefacts does not provide tax advice and gives no guarantee acceptable to insurers or tax authorities regarding the documents.

Invoice for the transaction fee (platform fee)

For each transaction, a separate invoice for the transaction fee withheld by the platform operator (commission under Section 8) is made available to the seller in the seller account. This invoice shows the gross fee amount and the VAT included and serves to settle the platform service between seller and artefacts.

Invoice to the buyer for the platform fee

If the buyer wishes a separate receipt or invoice for the platform fee paid by them (e.g. for the technical purchase process), artefacts may issue a corresponding invoice upon request. There is no entitlement to show this fee on the seller’s invoice, as it is a separate service of artefacts.

VAT on art sales

Artworks traded via artefacts are generally subject to VAT if the seller acts as a VAT-liable entrepreneur within the meaning of the UStG. The seller alone is responsible for correct VAT treatment of their sales and for remitting VAT to the competent tax office.

artefacts acts exclusively as a technical intermediary in another’s name and for another’s account (Section 3(11) UStG). Amounts paid by the buyer for the artwork and any shipping costs are pass-through items for artefacts. The platform is not obliged to calculate, remit, or report VAT for the seller. artefacts is not liable for incorrect tax information or omitted tax duties of the seller.

Duty of correct classification by the seller

Each seller must state their tax status correctly and completely when using the platform (e.g. small business under Section 19 UStG, VAT-liable entrepreneur, or private individual). They must ensure that all price information and invoice documents match their actual tax classification. Sellers must seek tax advice where in doubt.

Price information and VAT display

All artwork prices stated on artefacts are total prices (gross prices). If the seller is liable for VAT, the displayed price includes statutory VAT at the applicable rate. This is shown on the invoice.

If a seller acts as a small business under Section 19 UStG, the price does not include VAT. In that case no separate VAT line appears on the invoice, and a corresponding note on application of the small-business scheme is included in the document. Buyers thus receive full transparency on tax treatment.

VAT on the platform commission

artefacts’ intermediary fee is 9% of the sale price set by the seller. This fee is a gross amount that already includes statutory VAT. artefacts, as a German limited liability company (UG), is liable for VAT and properly remits the VAT included in the commission to the tax office.

Example:

If a seller wishes to receive €100 payout for their artwork, the sale price in the app is shown as €109 (€100 for the seller, €9 platform commission).

The €9 commission includes statutory VAT, Stripe transaction fees, and all other costs of operating the platform.

• For VAT-liable sellers, the €100 is to be treated as a gross amount to be taxed correctly by the seller.
• For small businesses, the €100 is the final amount without VAT.
• The €9 platform commission includes VAT that is input VAT deductible for VAT-liable sellers. For small businesses and private sellers, the VAT included in the commission is not deductible.

No tax advice or liability by artefacts

artefacts does not provide tax advice and does not give legally binding information on the tax treatment of individual sales. The platform may provide general guidance (e.g. in FAQs); this does not replace individual advice from a tax adviser or the tax office.

The platform operator is not liable for incorrect VAT treatment, wrong classifications (e.g. small business status), omitted tax filings, or other breaches of tax duties by the seller. As between the parties, the seller shall indemnify artefacts against all claims, demands, or sanctions arising from tax errors, omissions, or false statements by the seller.

Record-keeping duties of the platform operator

artefacts must collect, document, and – where required – make available to the competent tax authorities the tax-relevant data of all sellers active on the platform. This includes in particular:

• full name of the seller,
• full address (residence or business seat),
• valid tax number and/or VAT identification number (if any),
• description of the artworks sold,
• time and amount of turnover achieved.

These data are collected in the registration and sales process and stored for the statutory periods. artefacts uses the data collected solely to fulfil legal obligations and discloses them only to competent authorities.

Cooperation duties of sellers

Sellers are legally obliged to provide correct and complete tax information and to support artefacts in fulfilling its statutory duties. In particular:

• VAT-liable entrepreneurs must provide artefacts with their valid VAT ID or tax number.
• Small businesses without a VAT ID must inform artefacts of their small business status under Section 19 UStG.
• artefacts reserves the right to request appropriate evidence of tax status (e.g. business registration, confirmation from the tax office).
• Changes in tax status, in particular loss of small business status, must be notified to artefacts without delay.

Sellers warrant that all information is complete and accurate. artefacts is not obliged to verify the accuracy of the information provided but may do so on a sample basis.

Disclosure to authorities and consent to data sharing

artefacts is legally obliged, upon request, to transmit data under Section 22f(2) UStG to the tax administration. By registering, the seller expressly agrees that artefacts may forward tax-relevant data to the competent authorities where legally required or ordered by an authority.

Disclaimer and indemnity

artefacts assumes no tax responsibility for sellers’ information and is not liable for false, missing, or late tax information. Compliance with all tax duties – including VAT registration, remittance, and reporting – rests solely with the seller.

The seller undertakes to indemnify artefacts against all disadvantages, claims, damages, or sanctions arising from incorrect or omitted tax information. This also includes any liability claims of the tax authorities against artefacts under Section 25e UStG.

No liability for performance of contracts between users

artefacts is not a party to purchase contracts concluded between users. The platform operator therefore accepts no liability for proper performance by buyers or sellers. In particular, artefacts is not liable for:

• delivery, quality, or authenticity of the artworks offered,
• defects in title or quality,
• payment by the buyer,
• or other breaches of duty under the purchase contract.

Any claims for non-performance, delay, or defects must be settled exclusively between buyer and seller. artefacts may provide technical communication tools (e.g. chat) for this purpose but is not obliged to mediate disputes or intervene.

No liability for user content

artefacts assumes no responsibility for content posted by users on the platform (e.g. artwork descriptions, images, profile texts). This content is reviewed in advance but is not adopted as its own. The platform operator owes in particular no review as to:

• accuracy,
• completeness,
• lawfulness, or
• compatibility with third-party rights.

If artefacts becomes aware of unlawful content, removal of that content will be initiated without delay in accordance with the legally required notice-and-takedown procedure (Section 10 of the German Digital Services Act, DDG).

The seller alone is responsible for the legal permissibility, safety, and conformity of the artworks offered (e.g. with the German Product Safety Act, ProdSG).

artefacts assumes no review duties and no liability for breaches of product-law or safety-law requirements. Legal responsibility for product safety, labelling, and statutory conformity rests exclusively with the seller.

General limitation of liability

The liability of artefacts – on whatever legal ground – is limited to the following cases:

Unlimited liability

artefacts is liable without limitation:

• for intent or gross negligence,
• for damage arising from injury to life, body, or health,
• within the scope of the German Product Liability Act,
• and where artefacts has expressly assumed a guarantee.

Liability for ordinary negligence

For ordinary negligence, artefacts is liable only for breach of material contractual obligations (“cardinal duties”), i.e. obligations whose fulfilment makes proper performance of this user relationship possible in the first place and on whose observance the user may regularly rely. In those cases liability is limited in amount to the damage typically foreseeable.

Material contractual obligations include in particular:

• technical provision of the platform in accordance with these GTC,
• proper processing of transactions,
• duties of care regarding user data.

Exclusion of liability in all other cases

In all other cases, liability of artefacts – on whatever legal ground – is excluded to the extent permitted by law. This applies in particular to:

• slight negligence in respect of non-material contractual duties,
• lost profit,
• indirect damage, consequential damage, loss of data, or atypical damage.

Liability for vicarious agents

The above limitations of liability apply mutatis mutandis in favour of legal representatives, employees, and vicarious agents of artefacts.

No change to burden of proof

The above provisions do not change the statutory allocation of the burden of proof.

No protective effect for third parties

These terms of use do not confer any contractual protective effect in favour of third parties. Liability to persons who are not themselves a party to this user agreement is excluded.

Contract term

The user agreement between the user and artefacts UG (haftungsbeschränkt) is formed upon successful registration under Section 6 and is concluded for an indefinite period. It remains effective until terminated by either party under the following provisions or otherwise ended.

Termination by the user

Users may terminate the user agreement at any time without giving reasons. Termination may be effected by:

• independent deletion of the user account in the app, or
• sending a notice of termination in text form (e.g. by email) to artefacts.

Termination takes effect on the same day as receipt of the declaration or deletion of the account. No notice period applies. Purchase contracts already entered into via the platform remain unaffected (see below).

Termination by the platform operator (artefacts)

artefacts may terminate the user agreement with the user at any time with ordinary notice:

• with 14 days’ notice to sellers,
• as a rule without notice to all other users, provided no pending orders are affected.

Termination is given in text form (e.g. by email).

Extraordinary termination and suspension

The right to extraordinary termination without notice for good cause remains unaffected. Good cause exists in particular if the user:

• seriously or repeatedly breaches these GTC, statutory provisions, or official requirements,
• provides incorrect or incomplete information in the user profile or fails to update it,
• misuses the platform, in particular for unlawful purposes,
• repeatedly receives negative transaction ratings or complaints about breaches of duty arise,
• solicits or induces third parties to circumvent the platform in a transaction,
• or otherwise jeopardises trust in the integrity of the marketplace.

In those cases artefacts is entitled to terminate the agreement immediately without notice, to suspend or permanently delete the affected user account without delay, and to deny access to the platform.

Consequences of termination or suspension

In the event of ordinary or extraordinary termination, the respective user account will be suspended and – subject to statutory or justified retention duties – deleted. This also covers personal data in accordance with legal requirements (e.g. GDPR, German principles of proper keeping and storage of books, records, and documents in electronic form, GoBD).

artefacts is entitled to retain data for an appropriate period where necessary to fulfil legal duties (e.g. tax record-keeping), to preserve evidence in legal disputes, to prevent abuse, or to safeguard its own legitimate interests.

Re-registration after suspension or termination by artefacts is not permitted unless artefacts has expressly permitted this in writing.

Continuing obligations from completed transactions

Purchase contracts between users concluded before termination takes effect remain valid. Sellers remain obliged to complete outstanding deliveries, and buyers must pay in full for works already ordered – as if termination had not occurred. These obligations exist independently of the end of the user relationship.

Discontinuation of platform operation by artefacts

If artefacts permanently discontinues operation of the platform overall, registered users will be notified in good time. In that case artefacts will seek to wind up ongoing transactions in an orderly manner but gives no guarantee for their performance or completion.

Procedure for changes

Amended GTC will be communicated to the user in text form (e.g. by email or in-app notice) no later than four (4) weeks before their planned entry into force.

The updated GTC may also be shown to the user in the app when logging in. Proof of delivery is deemed given if the notice was successfully transmitted technically.

Right to object and consent by silence

If the user does not object to the changes in text form within four (4) weeks of receipt of the change notice, the amended GTC are deemed agreed. artefacts will expressly inform the user in the change notice of the right to object, the time limit, and the effect of failing to object.

Objection by the user

If the user objects in time, the proposed change is deemed rejected. In that case artefacts reserves the following options:

• ordinary termination of the user agreement under Section 13,
• or – in individual cases – continuation of the contract on the previous terms, if artefacts considers that economically and legally acceptable.

The user has no entitlement to continuation on the old terms.

Immediately effective changes for minor matters or legal necessity

Changes that are purely editorial or clarifying in nature or that do not affect the user’s main contractual performance duties may take effect at any time without prior notice. The same applies to changes that artefacts must implement immediately for mandatory statutory or official reasons.

Special right of termination for material changes

In the case of material changes that substantially disadvantage the user, the user has – irrespective of objection – the right to extraordinary termination without notice. Ongoing transactions are unaffected and will be processed properly.

Data processing for contract performance

artefacts processes users’ personal data where necessary to establish, perform, and complete the user agreement. This includes in particular:

• contact data (e.g. name, email address),
• content data (e.g. uploaded works, descriptions),
• transaction data (e.g. sales data, payment information, shipping information),
• tax information (e.g. VAT ID, business status),
• device data and usage behaviour within the platform.

Processing takes place pursuant to Art. 6(1)(b) GDPR (performance of contract) and, where applicable, (c) (legal obligation, e.g. tax retention) or (f) (legitimate interests).

Extended processing on the basis of legitimate interests

artefacts reserves the right to process personal data on the basis of legitimate interests (Art. 6(1)(f) GDPR), e.g. for:

• detecting and preventing abuse,
• system monitoring and improving the platform,
• reach measurement and analysis of use (e.g. pseudonymised usage statistics),
• targeted presentation of content,
• information about new features and relevant changes (e.g. by email or in-app notice),
• internal training or documentation purposes.

Where necessary, data will be pseudonymised or anonymised.

Disclosure to third parties

artefacts discloses personal data to third parties only if:

• this is necessary to process transactions (e.g. to payment service providers such as Stripe, shipping service providers, tax authorities),
• this is necessary for performance of the contract with the user,
• a legal obligation exists (e.g. cooperation with tax authorities under Section 22f UStG),
• the user has expressly consented,
• artefacts is entitled to do so (e.g. in the context of processing under Art. 28 GDPR).

Transfers to third countries outside the EU occur only under the conditions of Arts. 44 et seq. GDPR and only where an adequate level of data protection exists (e.g. EU standard contractual clauses).

Storage period and deletion

artefacts stores personal data only as long as necessary for the respective purposes or statutory retention periods exist (e.g. up to 10 years for tax law). After the purposes cease or statutory periods expire, data will be deleted or anonymised without delay unless legitimate interests (e.g. preservation of evidence) oppose this.

Data subject rights

Users have the right at any time to:

• access their stored personal data (Art. 15 GDPR),
• rectification of inaccurate data (Art. 16 GDPR),
• erasure (“right to be forgotten”, Art. 17 GDPR),
• restriction of processing (Art. 18 GDPR),
• data portability (Art. 20 GDPR),
• object to processing (Art. 21 GDPR),
• lodge a complaint with a supervisory authority (Art. 77 GDPR).

Requests may be sent at any time to the contact address stated in the privacy policy.

No objection to contractually necessary processing

Without processing certain personal data (e.g. for payment processing or communication between buyer and seller), use of the artefacts platform as seller or buyer is not possible. Users expressly acknowledge this by registering.

Applicable law

The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), to all contractual relationships, legal relations, and legal transactions between the platform operator (artefacts UG) and users of this platform.

For consumers with habitual residence within the European Union, this choice of law applies only insofar as the protection afforded by mandatory consumer-protection provisions of the law of the state in which the consumer has their habitual residence is not deprived (Art. 6(2) Rome I Regulation). Consumers therefore always retain the rights mandatorily granted to them under the law of their home state.

For users outside Germany who are not consumers within the meaning of Section 13 of the German Civil Code (BGB), Stuttgart is likewise the exclusive place of jurisdiction.

Place of jurisdiction

If the user is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this user agreement is the seat of the platform operator in Stuttgart, Germany.

Otherwise, the statutory rules apply to court proceedings with consumers. Actions by a consumer against artefacts may be brought either before the court competent for artefacts in Germany or before the courts of the consumer’s state of residence. Actions by artefacts against consumers must always be brought before the courts at the consumer’s place of residence.

Severability

Should individual provisions of these GTC be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid or unenforceable provision, the legally permissible rule that comes closest to the economic purpose of the invalid clause is deemed agreed. The same applies to any gaps in coverage.