General
Terms &
Conditions

Zeichenfabrik Shop for Art & Design General Terms and Conditions and Usage Terms for Sellers

Last revised: January 15, 2025

These terms apply to sellers who offer products (contemporary artworks, design objects, and handcrafted items) for sale through our platform. If you are looking to purchase products, the terms for buyers apply.

Welcome!

Before using our sales platform to sell your products, please take the time to read these general terms and conditions. By accepting these terms, you gain access to the Zeichenfabrik Shop for Art & Design, an online sales platform for contemporary art, design objects, and handcrafted items. The purpose of this website is to provide you with all necessary services to list your products, connect with buyers, and complete sales transactions.

For questions about this website and our services, please email us at buero@zeichenfabrik.at.

1. Contractual partner

The operator of the Zeichenfabrik Shop for Art & Design is:

Zeichenfabrik Ausbildungsstätte für Kunst GmbH
Flachgasse 35-37/4-5
1150 Vienna
Austria
FN 468014g, Commercial Court Vienna
VAT ID: ATU72060235
Email: buero@zeichenfabrik.at

(hereinafter referred to as „Zeichenfabrik“, „Zeichenfabrik Shop“, "we" or "us")

2. Subject of the contract

2.1 The Zeichenfabrik Shop provides an online sales platform for contemporary art and design. Artists, designers, and craftspeople (hereinafter referred to as "sellers") can offer their artworks, design, and handcrafted products (hereinafter referred to as "products") on this platform; other users (hereinafter referred to as "buyers") can purchase these products (hereinafter referred to as the "marketplace model").

2.2 These terms govern, in their most recent version, the legal relationship between you and us when you offer a product for sale on our platform. Your own terms and conditions apply to us only if we expressly agree to them in writing.

2.3 All contracts concluded through the Zeichenfabrik Shop under the marketplace model are exclusively between you as the seller and the buyer. We are not a party to these contracts and merely act as a mediating platform. We do not organize product transport; this is carried out directly by you as the seller. The organization and liability for transport are thus your responsibility. For any questions or issues (e.g., regarding delivery or product defects), we are available to assist and support communication with the buyer.

Our services include mediating sales opportunities through the website, enabling contact between sellers and buyers, and supporting the processing of sales. We receive a commission from sellers for successful mediation. Additionally, sellers can commission us to administer their profiles. In this case, we manage the profile, upload and manage product data, input prices, and moderate the sales processes. The legal responsibility for the products remains with the sellers.

Any inquiries from users relating to a contract concluded through our platform will be forwarded to the respective other party to the contract.

2.4 We reserve the right to expand the shop’s offerings, make improvements, and replace the existing offerings with equivalent alternatives.

2.5 The availability of the Zeichenfabrik Shop depends on the operation and load of the internet and the network infrastructure, over which we have no control. We do not guarantee constant accessibility of our platform or the continuous availability of all content. We strive to resolve any platform outages as quickly as possible.

2.6 We reserve the right to temporarily restrict access to and performance of our platform when necessary for maintenance, updates, security, and system integrity. We will notify you in advance of any longer maintenance periods.

3. Registration and User Accounts

3.1 You can browse the Zeichenfabrik Shop and purchase products without registering for a user account. However, selling products on our platform requires registration.

3.2 Sellers who commission us to create and administer their profiles must provide all relevant data and documents (e.g., product descriptions, images, prices) completely and accurately. We will input this information into the system and complete the registration on your behalf.

3.3 By registering for a user account, you enter into a legally binding agreement with us, subject to these general terms and conditions. We reserve the right to reject a registration without stating a reason. To prevent misuse, we will send a confirmation email with an activation link to the email address you provided. The user account will only be activated once you click on this link.

3.4 To use our platform, you must be of legal age or act with the consent of your legal representative.

3.5 You must provide correct and complete information during registration. P.O. boxes cannot be used as an address. We are entitled but not obligated to request proof of the provided information. You must immediately update any changes to your account information in the account management system. You are liable for any damages caused by incorrect information. In such cases, we also reserve the right to suspend or terminate your account without notice. No claims can be derived from this. Multiple registrations are prohibited. The transfer of the user account to another person is not allowed.

3.6 Your chosen username must not infringe on the rights of third parties (e.g., trademarks, company names, personal names), resemble third-party identifiers, or contain advertising messages or misleading information (e.g., regarding legal form or location).

3.7 Your password must be at least eight characters long and include uppercase letters, lowercase letters, numbers, and special characters.

3.8 You must keep your login credentials (username and password) confidential and protect them from unauthorized third-party access. If you suspect that unauthorized third parties have gained access to your credentials, you must notify us immediately and change your password. In such cases, we may temporarily suspend the account to prevent misuse.

3.9 Commissioning Profile Management
Sellers who commission us to create and manage their profiles without independently completing the registration process online will receive a separate agreement ("Agreement for Profile Management"). By signing this agreement, they acknowledge these general terms and conditions for sellers as legally binding and authorize us to set up and maintain their profiles. The legal responsibility for product data and business transactions remains with the sellers. Further details are outlined in the aforementioned agreement.

4. Conditions for Offering Products

4.1 You may present yourself and your products on our platform and offer them for purchase to other users.

4.2 The following conditions apply to offering products on our platform:

4.2.1 The seller must be the lawful owner of the product and have sole authority to dispose of it. In the case of co-ownership, the seller guarantees they are authorized to sell the product on behalf of all co-owners through our platform.

4.2.2 The seller must be the sole author of the product or, in cases of co-authorship, must have authorization from all other authors to present the product on our platform.

4.2.3 The seller assures that the product offered for sale does not infringe on third-party intellectual property rights (e.g., copyrights, performance protection rights, trademarks, personal rights). The seller must indemnify and hold us and the buyer harmless from any claims by third parties alleging such infringements.

4.2.4 The seller assures that the products offered on the platform do not violate applicable laws or public morals.

4.2.5 For artworks, the seller must include an authenticity certificate with the sold product. This certificate must inform the buyer about the seller's name, the artwork’s title, creation year, and dimensions. We provide the seller with the certificate template, which the seller must complete and sign before including it with the shipment.

4.2.6 The seller guarantees that the information provided to the Zeichenfabrik Shop and platform users regarding their identity and their products for sale is accurate, current, and complete. The seller must promptly update, correct, or supplement this information as necessary.

4.3 The seller is permitted to list their product in other galleries, shops, or websites for sale.

4.4 If we are commissioned with profile management, sellers must provide us with all relevant information and materials. We will input this data into the system to the best of our ability. The legal responsibility for the information and products provided remains with the sellers.

5. Offers and Pricing

5.1 You can describe the products you offer using the tools provided in the administrative area and upload images. Additionally, you set your desired gross profit, which should also include your costs for packaging and shipping within the EU. The sale price displayed on the platform is automatically calculated by adding a flat commission of 25% to your desired gross profit. This sale price is shown to the buyer on the platform.

5.2 You can remove your listed product from the platform or modify its listing (including your desired gross profit) at any time before accepting a purchase offer.

5.3 Sellers who commission us to manage their profile must communicate their price expectations to us. We will input and manage these prices in consultation with the sellers.

5.4 Our platform currently supports sales only where the delivery address is within the European Union (EU).

6. Contract Formation with Buyers

6.1 Buyers can make a binding offer to purchase a listed product by clicking „Checkout now“ (in the Zeichenfabrik shopping cart) or "Pay" during checkout with our payment service provider Stripe. Buyers are bound to this offer for 48 hours. We will notify you of the received offer and the opportunity to accept it within this period ("Confirmation of Availability").

6.2 A purchase agreement between you and the buyer is only concluded when you accept the offer through the platform’s administrative area. Once the agreement is made, you are obligated to deliver the purchased product to the buyer under the conditions specified in Section 7.

6.2a In the case of commissioned profile management, we will verify the availability of incoming purchase requests directly with the seller and provide the corresponding feedback to the system. The seller remains the legal contracting party with the buyer.

6.3 If you do not accept the offer within 48 hours, we will inform the buyer via the email address provided during the order that the requested product is unavailable. In this case, no contract is concluded.

6.4 The product remains your property until the full purchase price has been paid. You must not ship the product until the full payment has been received in our escrow account and we have notified you.

6.5 If the full purchase price is not received in our escrow account within three business days of confirming the product’s availability, we will notify you. You may then set an appropriate grace period for the buyer to make the payment, after which you may withdraw from the contract.

7. Delivery of Purchased Products

7.1 Once a product has been sold through our platform and the buyer has paid the purchase price to our escrow account via Stripe, we will inform you.

7.1.1 You are required to ship the product within 72 hours. Ensure that the product is carefully and securely packaged to prevent damage during transport. The product must be shipped directly to the buyer's address at your expense. Your packaging and shipping costs within the EU are included in your desired gross profit.

7.2 After shipment, you must provide us with the shipping information, including the carrier, tracking number, and tracking URL. We will input this information into the system and inform the buyer.

7.3 You agree to ship the product within the EU and ensure that all necessary shipping documents are correctly completed.

7.4 The seller is liable for damages occurring during transport unless caused by improper handling by the carrier. In such cases, the seller must seek recourse from the carrier, provided the packaging was appropriate and suitable for transport.

7.5 We strongly recommend shipping products with the following features to ensure optimal protection: 1. Declared value liability, 2. Tracking, 3. Personal delivery

8. Commission

8.1 We charge a commission for every product sold through our platform. This is a flat rate of 25% of your desired gross profit (including VAT where applicable) and is subject to additional taxes and fees.

8.2 Your desired gross profit is increased by our commission to calculate the sale price. This sale price is displayed on the platform.

8.3 If the buyer withdraws from the purchase contract under distance selling laws, we will not charge you a commission or additional fees. A buyer's withdrawal for other reasons (e.g., delay, error, warranty claims) does not affect the commission claim.

8.4 We automatically deduct the commission from the total amount paid by the buyer into our escrow account.

8.5 We reserve the right to adjust the commission rate. You will see the total amount, including our commission, that buyers must pay whenever you create or modify a listing on our platform. By creating or modifying the listing, you agree to the commission rate shown.

9. Disbursement of Sale Proceeds

9.1 Within 21 days after the buyer confirms receipt of the product or the delivery has been proven, we will transfer your desired gross profit, minus the agreed commission and applicable taxes and fees, to your bank account.

9.2 You acknowledge and agree that if the buyer does not fully pay the total amount and you do not withdraw from the contract, we will retain the full commission (including additional costs under Section 8.1.1) and only transfer the remaining balance of the buyer’s payment to your bank account.

9.3 You are solely responsible for the taxation of your income.

10. Granting of Rights

10.1 You irrevocably grant us a non-exclusive, royalty-free, unlimited, and geographically unrestricted right to use the content you provide or directly upload to the Zeichenfabrik Shop (e.g., photos, graphics, texts) for the purpose of presenting your offers and promoting our platform. This right includes, in particular, reproducing, displaying, and distributing such content on our platform, other websites, video channels, and social media profiles, such as part of a showcase or special sales campaign. The content may also be used in promotional materials, brochures, advertisements, and other forms of public communication. We are permitted to edit the content as necessary for these purposes. Unless otherwise agreed, you waive the right to a copyright notice for these contents. You must inform us of any necessary copyright credits or additional rights that need to be acquired, such as for photos from image databases.

10.2 You warrant that you are authorized to grant us this right to use the content and indemnify and hold us harmless against any third-party claims arising from alleged violations of such rights. This includes covering reasonable legal defense costs. You must provide necessary support in any legal defense.

10.3 You may not use buyers’ data obtained through our platform for your marketing purposes. Such data may only be used for activities related to delivering the product and invoicing. This obligation extends beyond the duration of the contractual relationship.

11. Data Processing Agreement

When we act as a processor on your behalf, data processing occurs under the following data processing agreement:

11.1 General obligations on the processor

The controller has commissioned the processor with providing the following services (hereinafter: “data use” for short): provision of own offers on the Internet, order handling and billing

Processing is carried out throughout the business relationship.

Within the scope of data application, the processor shall process the following data categories:

Master data, customer data, order data, invoice and payment data, communications data, marketing-relevant data

Data in the following categories of data subjects are processed within the scope of data use:

Customers, suppliers, carriers

11.2 Subject of processing

As long as the processor makes use of data and processes personal data for the controller, the following terms and conditions shall apply, in compliance with Art 28 GDPR:

a) The processor hereby undertakes to comply with all legal requirements of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG) and solely to perform data use (logical and physical) within the EU or the EEA. Any form of transfer of data use (including relocation of the processor’s head office) to a third country (and therefore outside the EU or EEA) requires the prior written consent of the controller.

b) The processor will process data application in a documented way as separately instructed by the controller, unless he is under an obligation as a result of the law of the European Union or the Member States, to which the processor is subject; in such a case the processor shall inform the controller of these legal requirements before processing, unless the relevant law prohibits such communication due to an important public interest.

c) The processor hereby guarantees that persons, who may be or become aware of data processed in the order, will be subjected to a written confidentiality obligation prior to processing or becoming aware of such data, where they are not subject to a reasonable legal confidentiality obligation in any case.

d) The processor, with consideration for the latest technology, implementation costs and the nature, scope, circumstances and purposes of processing and for the varying level of probability and severity of risk in respect of rights and freedoms of natural persons, shall take appropriate technical and organizational measures to guarantee a reasonable level of protection for the risk. The Parties shall define and evaluate these measures by mutual consent. The processor hereby undertakes to implement the agreed measures.

e) The processor is allowed in principle to commission or use subcontracted processors (hereinafter in brief: Subcontracted Processors) if it informs the controller in writing in advance about any intended commissioning or utilization of subcontracted processors and the controller is free to object to such commissioning or utilization without giving reasons. In the event of such an objection, the processor will not commission or make use of the subcontracted processor. The processor is obliged to subject all subcontractors, as defined in Art 28(4) GDPR, to a written obligation under this contract and to transfer all obligations affecting the processor to the subcontractor. In the event of the subcontractor infringing its obligations, the processor shall be liable. The subcontractor must have a branch office within the EU or EEA. The subcontractor may exclusively operate data application within the EU or EEA. Alternatively, the level of data protection at the location of the branch office and data processing must be guaranteed as described in Chapter V of GDPR. The subcontracted processor is only allowed to commission or use further subcontractors under the conditions set out here.

f) The processor shall support the controller, through appropriate technical and organizational measures, in complying in good time with its obligation to reply to applications to exercise the rights of the data subject as set out in Chapter III of GDPR (access, rectification and erasure, information, data portability, objection, and automated individual decision-making). In the event of a data subject contacting the processor or a subcontractor instead of the controller, he hereby undertakes to forward the application to the controller, such that the controller is able to process the application on time.

g) The processor shall support the controller in complying with the obligations set out in Art 32-36 GDPR (adopting technical and organizational measures, security breach notification, compilation of a data protection impact assessment).

h) The processor shall either delete or return all personal data after completion of data application at the discretion of the controller, unless there is an obligation to store personal data under European Union law or the law of Member States.

i) The processor is obliged to provide the controller with all necessary information to prove compliance with the obligations imposed on the processor in this contract.

j) If the processor believes that an instruction issued by the controller infringes GDPR or other data protection regulations of the EU or its Member States, he shall notify the controller hereof immediately, giving reasons.

11.3 The controller is entitled to check on compliance with all applicable data protection regulations and compliance with contractual provisions itself or by third parties at the processor and any subcontractors.

12. Liability and Warranty

12.1 We are only liable for damages caused intentionally or through gross negligence by us or our agents. We strive to protect our platform from hacker and virus attacks with reasonable security measures according to the latest technological standards.

12.2 If you are an entrepreneur as defined by the Austrian Consumer Protection Act (KSchG), our liability for lost profits and consequential damages is excluded to the extent legally permissible. Compensation is limited to typical contractual damages foreseeable at the time of contract conclusion.

12.3 We are not obligated to verify the accuracy, completeness, or legality of the content you upload. We do not warrant the suitability or business success resulting from using the Zeichenfabrik Shop.

12.4 You acknowledge that contracts concluded with other users on the platform are exclusively between you and the buyer. We are not a party to these contracts and are not liable for their formation or enforceability. All claims arising from the purchase contract must be directed to the respective buyer.

12.5 You are liable for any damages and additional costs incurred by us due to your failure to deliver products on time.

12.6 If we manage your profile, our liability is limited to administrative errors. Sellers remain responsible for product data, legal compliance, and proper contract fulfillment.

13. Termination and Account Suspension

13.1 The contract for platform use is concluded for an indefinite term. You may terminate the agreement at any time by deleting your user account or notifying us.

13.2 We may terminate the agreement with two weeks' notice. The right to immediate termination for good cause remains unaffected.

13.3 We may suspend or terminate your account immediately for good cause, such as significant violations of these terms.

13.4 If your account is suspended or terminated, you may not re-register for a new account.

13. Term, termination and blocking

13.1 This contract is concluded for an indefinite term.

13.2 You can terminate this contract by deleting your account in writing by email and/or in account administration at any time. In order to prevent misuse, you receive an email from us in which you have to confirm deletion of the user account in writing.

13.3 We are entitled to terminate this contract with a notice period of one month at the end of any month. Notice of termination is issued by an email to the email address indicated by you.

13.4 Our right to terminate this contract for good cause without notice at any time is unaffected. Good cause, authorizing us to issue termination without notice, arises if and when:

• you have entered incorrect data (name, company, address, etc.) for your user account;
• you make your user account available to third parties or transfer it to third parties;
• you otherwise culpably infringe a contractual obligation.

13.5 In all such cases we are also entitled to warn you and/or temporarily block your account without advance notice. You cannot derive any claims as a result. At the same time as blocking, we will ask you to eliminate the infringement within a reasonable period of time.

13.6 If we have issued termination without notice, you have no right to re-registration, not even under another name.

13.7 In the event of termination, we will offer you a reasonable period of time to protect your data from deletion. This does not apply to termination for good cause. Your data cannot be restored following deletion. You are personally responsible for timely protection.

14. Offsetting of claims

You can only offset our claims against your own claims which are legally related to your commitment, have been established in court or recognized by us, or in the event of our insolvency. If you are a contractor, as defined in KSchG [Consumer Protection Act], the following provision applies at variance from the above: offsetting against your own claims is excluded.

15. Language of contract, dispute resolution, applicable law, court of jurisdiction

15.1 The language of the contract is German. Versions of these Terms and Conditions in other languages merely serve as guidance. The German version is solely applicable.

15.2 In the event of individual provisions of these General Terms and Conditions being legally invalid, this shall not affect the validity of the remaining provisions or contracts concluded with the client based on these Terms and Conditions. A provision which comes closest to the ineffective provision (in compliance with the economic purpose) in a legally admissible way shall replace any ineffective provision.

15.3 The competent arbitration bodies for consumers in respect of transactions concluded on our platform are:

Online ombudsman
c/o Austrian Institute for Applied Telecommunications (ÖIAT)
Ungargasse 64-66/3/404
1030 Vienna
Phone: +43 1 595 211 275
Fax: +43 1 595 21 12 99
Email: kontakt@ombudsmann.at

“Arbitration for Consumer Transactions” Association
Mariahilfer Strasse 103/1/18, 1060 Vienna
Phone: +43 (0)1 890 63 11
Fax: +43 (0)1 890 63 11 99
office@verbraucherschlichtung.at  

We and the providers represented on the Zeichenfabrik Shop will decide on a case-by-case basis whether to participate in a dispute resolution procedure.

15.4 The European Commission has set up a platform for online dispute resolution for consumers, which you can find at https://ec.europa.eu/odr.

15.5 This agreement is exclusively subject to Austrian law, in exclusion of the UN Convention on Contracts for the International Sale of Goods and of international conflict of laws rules, where they refer to law other than Austrian law.

15.6 Place of performance is the head office of Zeichenfabrik Ausbildungsstätte für Kunst GmbH. The relevant competent court at the head office of Zeichenfabrik Ausbildungsstätte für Kunst GmbH has jurisdiction for any disputes arising under this agreement, including the matter of effective conclusion and termination hereof. If you are a consumer, as defined in KSchG [Consumer Protection Act], and have your domicile or usual residence in Austria, or are employed in Austria, action can only be brought against you, the above notwithstanding, by courts in the judicial district in which you have your domicile, usual residence or place of employment.

16. Changes to these Terms and Conditions

We hereby reserve the right to adjust these Terms and Conditions from time to time, in order to consider the wishes of our users or an amended offer. Revised versions of Terms and Conditions are published on the website https://www.zeichenfabrik.at/en. You can find the date of the relevant version right at the top of the document. We will inform you of all amendments to the email address most recently provided to us. This communication takes place at least six weeks before the amendment takes effect. The amended Terms of Use shall be agreed unless you terminate your user account before the date on which they take effect. We will separately advise you of the importance of your actions at the start of the stipulated deadline.