Terms & Conditions
§ 1 Scope & General Provisions
Wojciech Figielski (hereinafter “Operator”) operates the online platform photos-and-paintings.com, which serves as a presentation platform for members to display their artworks and photographs in online galleries. Additionally, photos-and-paintings.com provides a marketplace enabling members to buy and sell physical artworks and photographs in Germany, as well as enter into licensing agreements for downloadable digital works worldwide. An active PayPal account is a prerequisite for concluding contracts on the platform.
These Terms and Conditions govern the contractual relationship between Wojciech Figielski and any natural person, legal entity, or partnership using photos-and-paintings.com. They apply from the moment the user accepts them by checking the designated box and clicking the confirmation button during registration. Any differing terms and conditions proposed by the user are hereby expressly rejected.
The primary contractual language is German. Any translations provided on photos-and-paintings.com are for convenience only. In the event of any discrepancies or ambiguities, the German version shall prevail.
§ 2 Description of Services and Contract Formation
Wojciech Figielski provides the technical platform for presenting and trading artworks, as well as facilitating purchase transactions and licensing agreements in the “Download” area. Licensing agreements are concluded directly between members of photos-and-paintings.com. There is no legal right to registration. An active membership is required to present, buy, or sell works. Registration is free of charge.
Eligible members include legal entities, partnerships, and natural persons of full legal age with full legal capacity. Minors are strictly prohibited from using photos-and-paintings.com.
The user contract is concluded upon confirmation of registration or upon the first login using the provided credentials.
Members may terminate their membership at any time by sending an email to info@photos-and-paintings.com. Upon termination, the account and all associated personal data will be deleted, provided there are no legal requirements to retain the data.
Wojciech Figielski reserves the right to terminate a user contract with a notice period of two weeks to the end of the month. The right to extraordinary termination for cause remains unaffected.
§ 3 Contracts between Members (Sales and Licensing)
Direct Contracts: Members conclude sales contracts and licensing agreements (for digital downloads) in their own name and on their own account. Contracts are formed directly between the respective members. Wojciech Figielski is not a party to these contracts and assumes no liability for contractual performance or service disruptions between buyers and sellers.
Binding Offers: By listing a physical item or digital download on photos-and-paintings.com, the seller/licensor makes a binding offer to sell the item or grant usage rights at the listed fixed price. The purchase contract is concluded when a buyer completes the checkout process (e.g., clicking the binding purchase button in the shopping cart). Necessary transaction details are then automatically forwarded to both parties via email.
Custom Member Terms: Members are free to apply their own terms and conditions to their listings, provided these do not conflict with statutory laws or these Terms and Conditions.
Right of Revocation Notice: Sellers and licensors are solely responsible for informing consumer buyers about any applicable statutory right of withdrawal/cancellation.
Licensing Conditions: Specifying clear usage terms (e.g., whether the license is exclusive or non-exclusive, spatial/temporal restrictions, and scope of use) is mandatory for all digital downloads, for both commercial and private licensors.
Delivery of Downloads: For digital license agreements, fulfillment occurs upon providing a download link, which is sent to the licensee immediately following a successful PayPal payment.
Content Responsibility: All listings are created independently by individual sellers and licensors. The respective creator is solely responsible for the accuracy and legality of their listing content. Wojciech Figielski assumes no liability.
Pricing and Taxes: Listed prices are final prices including any applicable Value Added Tax (VAT). Commercial licensors expressly acknowledge that net payouts may vary based on country-specific tax regulations governing service delivery.
Shipping Costs: Shipping fees are not included in the item price and are displayed separately during checkout.
Payment Method: Payments on the platform are processed exclusively through PayPal.
Trustee Payment & Payouts: Wojciech Figielski receives and holds payments in trust on behalf of the seller or licensor. The purchase price (minus the commission fee specified in § 5) will be forwarded to the seller or licensor within 7 days of successful payment.
§ 4 General Principles & Member Obligations
General Compliance & Prohibited Content: Members are required to comply with all applicable laws, third-party rights, and public decency. Publishing content (texts, images, or usernames) or offering products that violate statutory provisions is strictly prohibited. In particular, the following are banned:
- Copyright & IP Infringement: Any use of third-party copyrighted material without explicit written consent.
- Right to Personal Image: Images depicting identifiable individuals without their prior consent for commercial or digital distribution.
- Illegal & Pornographic Content: Material glorifying violence, pornographic works, or content harmful to minors.
- Unconstitutional Content: Symbols, texts, or media violating constitutional laws.
- Defamatory Material: Content that is offensive, libelous, or violates the personal honor of third parties.
- Animal Welfare Violations: Offering products or content that violate animal protection laws.
- Import/Export Restrictions: Listings violating national or international trade restrictions.
- Trademark & Naming Rights: Unauthorized use of third-party trademarks, brand names, or protected designations.
Verification of User Data: Personal data provided during registration is not independently verified by Wojciech Figielski for accuracy. Members are responsible for verifying the identity of their respective transaction partners.
Truthful & Updated Information: Members must provide accurate and truthful details regarding their listings (including item condition, pricing, and seller details). Sellers are required to keep their listings up to date and promptly delete obsolete or sold items.
Accurate Item Descriptions: Listings must describe the offered artwork completely and truthfully using appropriate text and images, clearly stating all essential features, payment terms, and delivery options.
Use of Transaction Data: Member contact information obtained through transactions on photos-and-paintings.com may only be used for contract execution and pre-contractual communication. Using this data for unsolicited marketing or passing it to unauthorized third parties is prohibited.
Prohibition of Circumvention and External Links: Inserting external URLs or links that encourage users to purchase items outside the platform or bypass the sales functionality is prohibited. Linking to illegal, harmful, or immoral websites is strictly forbidden.
Image Processing & Watermarks: Members grant Wojciech Figielski the right to process uploaded images (e.g., resizing, compressing, or applying watermarks) to optimize them for platform display and protection.
Homepage Featuring: Members agree that uploaded artwork may be featured in rotating showcases on the platform’s homepage without additional conditions.
Public Profile Visibility: Profile pictures uploaded by members are publicly accessible to all visitors of photos-and-paintings.com, including unregistered guests.
§ 5 Paid services (Commissions, Fees & Payment Processing)
Free Usage for Buyers and Visitors: The use of photos-and-paintings.com is free of charge for buyers, licensees, and members who only present their artworks without selling. Buyers or licensees only owe the agreed amount to the seller or licensor upon entering into a contract. Any statutory claims for damages among members remain unaffected.
Sales Commission: Upon the conclusion of an effective sales or licensing contract, a sales commission is charged. The commission is owed by the seller or licensor to Wojciech Figielski and is automatically deducted from the purchase price or licensing fee received from the buyer. The gross commission rate is 7% of the gross sales price or gross licensing fee. The entitlement to this commission remains valid even if a party exercises a statutory or contractual right of cancellation or return, or if the parties mutually agree to rescind the contract.
International Sales Reporting: Wojciech Figielski is also entitled to a 7% gross commission if a member completes a sales contract for a listed work with a buyer outside of Germany. The seller is required to report this transaction and the agreed purchase price to Wojciech Figielski within 7 days of completion.
Consent to Automated Deduction & Trust Management: Sellers and licensors expressly agree to the automated deduction of the commission from the total purchase price or licensing fee. Furthermore, members consent to Wojciech Figielski holding and managing the received transaction funds in trust in accordance with the timelines specified in § 3 No. 11.
PayPal Transaction Fees: Sellers and licensors bear all transaction fees charged by PayPal Europe S.à r.l. & Cie, S.C.A. These fees are determined exclusively by PayPal’s terms of service and will be automatically deducted during payment processing.
§ 6 Sanctions, Blocking & Suspension
Removal of Content and Listings: Wojciech Figielski reserves the right to suspend or delete offers for sale, usernames, or user-generated content (such as text and images) without prior notice if there are concrete indications of a violation of applicable laws, third-party rights, or these Terms and Conditions.
Member Blocking and Account Termination: Wojciech Figielski reserves the right to temporarily or permanently block or terminate a member’s access to photos-and-paintings.com if there are concrete indications of a breach of applicable laws or these Terms and Conditions.
§ 7 Limitation of Liability
Responsibility for Content and Contracts: Members are solely responsible for the content they upload and for any contracts concluded directly between them. Wojciech Figielski assumes no responsibility for contractual obligations between members.
Liability Limits: Wojciech Figielski, his legal representatives, or vicarious agents (Erfüllungsgehilfen) are not liable for property damage or financial loss caused by simple negligence, except in cases involving the breach of essential contractual obligations (cardinal duties). In the event of a simple negligent breach of cardinal duties, liability is limited to foreseeable, contract-typical damages.
Statutory Exceptions: The above limitations of liability do not apply to damages resulting from injury to life, body, or health, mandatory statutory liability, or the breach of expressly granted guarantees.
Platform Availability: Wojciech Figielski provides the platform on a commercially reasonable basis. Continuous or uninterrupted availability of photos-and-paintings.com is not guaranteed. Wojciech Figielski assumes no liability for damages resulting from technical disruptions, transmission delays, or system outages.
§ 8 Indemnification
Members agree to indemnify and hold harmless Wojciech Figielski from any third-party claims, losses, or damages resulting from the violation of third-party rights caused by content or services provided by the member on photos-and-paintings.com. This indemnification obligation does not apply if the member is not legally responsible for the infringement.
§ 9 Final Provisions
Applicable Law: The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Modification of Services: Wojciech Figielski reserves the right to modify, update, or discontinue the appearance, features, or functionality of photos-and-paintings.com at any time.
Amendments to Terms: Wojciech Figielski reserves the right to amend these Terms and Conditions at any time without stating reasons. Members will be notified of proposed changes via email at least two weeks in advance. Continued use of the platform after the two-week period requires acceptance of the updated terms by checking the designated box upon login.
Place of Jurisdiction: If the user is a merchant, a legal entity under public law, or does not have a general place of jurisdiction in Germany, Cologne, Germany shall be the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions.