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ARTFLAKES is a free provider for independent gallery operators.
For the provider offer is responsible
FINEART FACTORY GmbH
Naumburger Str. 28
Executive: Kai van Pham
Commercial Register: Local district court Leipzig HRB 24642
Vat ID: DE262991806
Only the galleries’ owners resp. operators are responsible for the gallery’s product range, especially for copyrights and prices.
ARTFLAKES reserves the right to disclose contact data and delete illegal offers on reasonable written request of third parties (e.g., due to infringement). Disclosing contact data and deleting offers does not require consultation or consent of the partner.
To see adult content (Parental Act), confirm you are over 18 years old
We had to adjust our general terms and conditions for Gallery Partners (GTC) especially for tax reasons. The calculation base for your income / revenue share remains the same, however, our German partners have to pay 19% VAT to the tax office - except small businesses according to §19 UStG - which must now also be taken into account for the billing documents. Partners from the European Union can either receive a billing document with 19% German value-added tax or have to enter their European VAT identification number to avoid German VAT. All other partners receive their revenue shares as before.
Please accept the new GTCs (up to November 14, 2016), so that we are still ARTFLAKES-Partners and you are able to continue and operate your ARTFLAKES-Gallery free of charge.
As of October 2017
(1) The contracting party within this Internet offer from ARTFLAKES is the FINEART FACTORY GmbH, represented by its executive Kai van Pham, Naumburger Str. 28, 04229 Leipzig. For the sake of better understanding, this will be hereafter referred to as "ARTFLAKES", even though the FINEART FACTORY GmbH, with its product ARTFLAKES, is the legal representative. The tax number of the Fineart Factory GmbH is: 232/108/06482, the VAT ID number is: DE262991806. You will hereafter be referred to as "partner".
(2) By accepting these GTCs
(3) The purpose of the following GTCs is for both parties to remain free of damages and legal actions. If one party violates a condition, or if they do not comply with the other party in the case of a prompt notice if any contractually relevant conditions change on their part, the other party may claim compensation if they incur damages through these actions.
(1) By acknowledging these GTCs, the partner assures that they are:
*Further explanation: According to German law, the partner acts as an entrepreneur in their sales offer since the desired sale rests on a sustainable and purchasing purpose. Depending on country-specific law, entrepreneurial activities require a registration with the responsible authority. Here, the partner will receive a tax number, VAT number, VAT ID number (ID), or other number/identification to carry out this activity.
(2) In their ARTFLAKES partner profile, the partner is obligated to indicate:
Only when all information has been entered, ARTFLAKES can transfer the revenue share to the partner.
* ARTFLAKES is only obligated to check the VAT ID number for businesses with their headquarters in the EU since the VAT share is excluded in the invoice/credit entry. The partner assumes all liability for the correctness of all other entries.
A check by ARTFLAKES is not possible or reasonable due to the amount of partners. ARTFLAKES will therefore only carry out plausibility checks.
(3) ARTFLAKES is entitled to transmit the contact data of the partner to third parties upon written and justified request (e.g. upon infringement of rights)
(1) On ARTFLAKES, the partner receives the opportunity to set up and manage their own, free online gallery for the sake of selling their (image) rights, content, and themes. The partner is solely responsible for the design of their gallery, for pricing, for correct and detailed product descriptions, for active marketing (via Twitter, Facebook, Pinterest, etc.), as well as for ensuring the respective image and other rights for their offered content (see §4).
(TIP: More detailed product descriptions, use of keywords such as "art print", "art print square", or "art print landscape", selection of the right categories, and active self-marketing by the partner will increase the chances of successful sales.)
(2) As a service provider, ARTFLAKES processes the content for the partner in the style configured or ordered by the customer. Additionally, ARTFLAKES assumes the administrative tasks related to customer orders and customer service.
ARTFLAKES may expand or reduce the main and side offers of the ARTFLAKES Internet platform at any time, as well as their distribution channels. ARTFLAKES is entitled to partially or entirely transfer their rights and obligations towards the partner and customer to third parties, such as payment, debt collection, or support providers. This also relates to their legal succession.
(1) All intellectual property or other rights of the content provided by the partner remain with the partner.
(2) ARTFLAKES is not permitted to sell the (image) rights, content, or themes of the partner (including their rights for these) outside of the ARTFLAKES.com platform without explicit permission from the partner. In this case, a separate usage contract or a modification of these GTCs is required. This does not affect products that was sent back and rescinded by customers. See §5 (4).
(3) By transmitting content, the partner explicitly assures ARTFLAKES that these are free from the rights of third parties or that the transmitted content does not infringe on the rights of third parties. This also requires that the partner regularly informs themselves about legal changes in the area of image rights in the respective countries, and applies or, in reasonable intervals, adapts these for all their offered content.
(4) All damages to personal rights, copyrights, or other rights through the partner’s transmitted content is at the expense of the partner. That is, the partner is solely responsible for all legal infringements and any damages or costs arising from these. ARTFLAKES is not tasked with checking for possible legal infringements, and these services cannot be performed.
(5) If claims regarding the violation of rights of third parties through the content transmitted to ARTFLAKES are made against the partner, the partner is obligated to immediately inform ARTFLAKES of this in writing. On the other hand, ARTFLAKES will immediately inform the partner in writing if legal infringements are claimed against ARTFLAKES.
(6) In the case that ARTFLAKES is nevertheless taken into recourse for legal infringements of the partner, the partner is obligated to free ARTFLAKES from all claims and demands of third parties that are made as a result of a violation of the rights of third parties. The partner will compensate ARTFLAKES for all arising legal costs and other damages in this case. ARTFLAKES then has a claim to an advance payment in the amount of the estimated legal costs.
(7) ARTFLAKES is free to fully or partially remove content from the gallery of the partner, or to delete the profile of the partner, according to their own discretion and without indicating a reason. For this, the partner must be informed of the deletion. No claims by the partner for compensation of any form exist.
(1) Both partners receive a revenue share of the rendered main service in the case of a successful sale*. (*successful means order and payment by the customer). The share corresponds to the partners’ revenue share. Ancillary services are e.g. shipping costs.
(2) ARTFLAKES records the sales of the partner, and provides summarising statistics in the area of the partner’s gallery management, which serve as the basis for settling the partner’s revenue share. ARTFLAKES is entitled to change the form, scope, and content of these statistics at any time.
(3) The revenue share for the partner is calculated as follows:
ARTFLAKES receives a base amount for their services. When posting their pictures/products, the partner can select
their Premium up to 30% (= revenue share or revenue share of the partner) to this product-specific, net base
The net base amount from ARTFLAKES in addition to the revenue share of the partner gives the net sales price for the
customer. The net sales price in addition to side and delivery costs and, if applicable, German value-added tax
(affects customers and invoice recipients in the EU) gives the gross sale price or the invoice amount. ARTFLAKES
pays received value-added tax shares from the invoice amounts to the tax authority.
(TIP: artists with status "Professional" or "Agencies" are able to set an individual commission rate. Pictures of these artist groups are curated by Artflakes or have a higher artistic claim, so a higher commission rate is justified. Every artist can apply for the upgrade to „Professional".)
(4) If the customer cancels the product or alters it (see GTCs for customers), the partner has no revenue share or other claims related to the sale, unless ARTFLAKES can otherwise sell the returned product. The partner shall be informed about this and will receive their revenue share according to these GTCs. In the partner profile, cancellations are indicated as "struck through".
(5) ARTFLAKES can perform promotional measures at any time and at their own discretion which may also have an influence on the invoice amount and therefore on the revenue share shares of both parties. In this case, the partner has no claim to compensation.
(6) The payment of the revenue shares, whether by invoice or through the partner or credit, shall be made at the
earliest 30 days after the successful sale in order to avoid contingencies resulting from suspension of payment,
cancellation, return, or fraud on the part of the customer. In special cases, ARTFLAKES reserves the right to
increase this period a further 30 days to pursue irregularities. The partner is to be immediately informed of this
in writing by email.
The transfer of revenue shares shall always be made at the end of the month, as long as the account of the partner has a credit of at least EUR 20 on the 15th day of the respective (preceding) month and the partner has requested payment by the 15th day of the respective (preceding) month. Payments of under EUR 20 are only possible for a processing fee of EUR 5 or conversion into a voucher. The timely request and the payment conditions also apply in the case of an invoice by the partner. The commission can be requested at latest 24 months after sale for pay out or conversion into a voucher. After 24 Months these claim expires.
(7) The partner can send a proper invoice on the basis of the requested payment to:
Fineart Factory GmbH
Naumburger Str. 28
or request a credit receipt in their partner profile. The selection between invoice and credit is done in the partner profile and in both cases is recognised as receipts for (non) assertion/payment of the tax from the revenue shares of the partner.
After these GTCs, the invoice regulations for Germany apply. A proper invoice factors in, along with the minimum
information, the following tax cases:
Tax case 1:
If the partner is a freelancer or business in Germany or the EU, the value-added tax required by German law must be separately shown in the invoice/credit entry. The invoice or credit amount, including value-added tax, corresponds to the selected premium.
Tax case 2:
If the partner is registered in Germany as a small business under § 19 UStG [German Value-Added Tax Act] or another person, the value-added tax required by German law must NOT be separately shown in the invoice/credit entry. The invoice or credit amount also corresponds to the selected premium.
Tax case 3:
If the partner has a valid VAT ID number, the value-added tax required by German law must NOT appear in the invoice/credit entry. The net amount is invoiced or shown in the credit entry. The partner is then tax debtor in their EU country. The invoice or credit amount corresponds to the selected premium, minus 19%, of the legal VAT rate in Germany.
Tax case 4:
If the partner is a business outside of the EU, the value-added tax required by German law may NOT be shown on the invoice/credit entry. The invoice or credit amount corresponds to the selected premium. ARTFLAKES may fundamentally only pay invoices that were created fully and correctly. Tax changes are reserved.
(8) The premium of the partner is variable and can be changed or adapted by the partner within the gallery, for each individual product or for all products, at any time after posting the product. Until then, all sales/sales shares cannot retroactively by changed.
(9) ARTFLAKES also reserves the right to make changes to the base price which has a direct effect on the revenue share rate of the partner. This concerns in particular the adaptation of changing production costs and overheads.
(10) ARTFLAKES is entitled to further charge the partner for payment fees that result from the sale of the partner’s products or to charge the revenue shares with a proportional lump sum fee of 4%.
(11) ARTFLAKES reserves the right to alter the minimum amount required for payment. Payment amounts below the minimum can be changed to settlement credit entries by the artists at any time.
(12) By choice of the partner, the payment can proceed by bank transfer or through the financial service provider PayPal. For a bank transfer, the full IBAN/BIC must be entered in the partner profile. Delays or damages that result from incorrectly transmitted bank details or PayPal information shall be represented by the partner alone. If the partner desires a foreign bank transfer, they will carry all incurred additional costs. A settlement with the payment amount is incumbent upon ARTFLAKES.
(1) The partner is entitled to, but not obliged to, integrate their gallery offered by ARTFLAKES into their other websites. When embedding the gallery, the partner is obligated to integrate the embedding possibilities offered by ARTFLAKES into their websites, without changing them. In particular, manipulations of the GTCs for final customers and the imprint embedded in the gallery are prohibited.
(2) ARTFLAKES has the unlimited right, but is not obligated, to integrate the partner gallery in their other
In addition, motifs selected by Artflakes or the entire partner gallery can be advertised offline (classic). For this purpose the partner authorizes the use of his motifs in digital or print form in a manner that excludes a sale.
(1) All customers that purchase products on ARTFLAKES or in the gallery of the partner are customers of the Fineart Factory GmbH (ARTFLAKES). An independent legal relationship is formed between the final customer and FINEART FACTORY GmbH (ARTFLAKES) which is independent of any legal relationship that may exist between the partner and the customer visiting the partner’s gallery. From this, only the rules and guidelines of ARTFLAKES (see customer GTCs) apply to the customer in regard to customer service, customer orders, and product sales.
(2) ARTFLAKES reserves the right to all changes regarding the guidelines and procedures.
(1) ARTFLAKES reserves the right to reject orders that are not in accordance with the requirements of ARTFLAKES without being obligated to give justification. The partner recognises that further information on reasons for the rejection of an order could violate data protection.
(2) ARTFLAKES further reserves the right to reject orders from such customers that are not creditworthy or are not prepared to fulfil the payment requirements of ARTFLAKES.
(3) ARTFLAKES is responsible for all processing and performance of the orders as a service provider for the partner.
(1) As long as it is not otherwise defined below or intent is given, the liability of ARTFLAKES (e.g. for non-availability of the platform, loss of data, errors in running the gallery of the partner, or lost profit) in relation to this agreement is excluded, regardless of the legal reasons. This also applies to the personal liability of representatives, employees, and agents, as long as the liability of ARTFLAKES is limited or not completely excluded.
(2) ARTFLAKES makes no assurances that the gallery of the partner will be available uninterruptedly and without errors. ARTFLAKES assumes no liability for the consequences of occurring interruptions and errors.
(1) This agreement is made for an indefinite period and can be cancelled by both sides with immediate effect. A unilateral declaration, or a declaration from one party to the other via email, is sufficient for cancellation. If the partner cancels, this must occur by the email address with which the partner registered for ARTFLAKES. This way, ARTFLAKES can verify the partner and prevent a scam by third parties.
(2) The partner is hereby notified that, along with the deletion of their account, all links and likes will be irrevocably lost. Further information for this from ARTFLAKES will not occur.
(3) Before the request for deletion is made, the partner must independently and on time:
If, after deletion of the account, claims for revenue shares are made against Artflakes, Artflakes can charge the partner for accrued administrative costs at an hourly rate of EUR 89, including VAT.
Place of jurisdiction for all disputes shall be Berlin, as long as the partner is a merchandiser, dealer, legal person under public German law or a separate asset or the partner has no general place of legal jurisdiction in Germany, has transferred address or habitual place of residence outside of Germany after conclusion of the agreement or whose address or habitual place of residence is unknown at the time the complaint is made. This agreement will be governed by the substantive law of the Federal Republic of Germany and relevant legal regulations of of the European Union to the exclusion of the UN purchasing law.
The legislator distinguishes three different categories of juvenile, sexual content:
The category of absolutely inadmissible content is:
These are subject to a fundamental prohibition of dissemination and may not be made available or made available in any way. Absolute inadmissibility goes beyond the protection of minors and applies not only to minors, but to any group of people regardless of age. The relevant sexual content does not necessarily have to refer to real persons or to make them even visually recognizable. Similarly virtual and artistic representations of this kind are also inadmissible.
For relatively unacceptable sexual content there is a permission reservation in case the contents can only be perceived by adults as closed user groups. It can be expected that relatively unacceptable content can be expected to reach the border of pornography, but which can almost certainly be expected to jeopardize the development of children and adolescents or their upbringing as a self-responsible and community-capable person due to a superficial sexuality reference. Limited allowed sexual content is defined as content which has a mere suitability for the developmental impact of children and adolescents, especially moderate erotic sceneries that clearly fall short of the pornographic boundaries, but nevertheless suggest a relationship to sexual practices that the female or male sex parts or are marked by a certain degree of nudity.
(1) Disputes are initially to be settled amicably and in a friendly understanding, even in the presence of a mediator.
(2) If an amicable agreement has failed on multiple occasions, then the place of jurisdiction for all disputes from this contract is agreed upon to be Leipzig and the legal language is German. German law applies, under exclusion of the UN sales law.
(3) In the case that a regulation of this agreement should be or become void or unfeasible, the validity or feasibility of the other regulations remains unaffected. A valid and feasible regulation shall take the place or fill the gap of an invalid or unfeasible regulation. This regulation should come closest to the old regulation within the scope of the legal and economical possibilities.
(4) All changes or additions to this contract require the written form to be effective. This also applies to the elimination of the requirement of written form.