Terms and Conditions
§1 Scope and definitions
These Terms apply to use of Artunita (website and app) and all contracts concluded through it. Users include: • Artists & galleries: natural or legal persons presenting/selling works (B2B or B2C). • Art lovers: buyers acting primarily as consumers (B2C). • Guests: unregistered users with limited features. Artunita acts solely as intermediary (platform operator) unless expressly stated otherwise. Purchase contracts for artworks are concluded directly between users.
§2 Registration and user account
Full features (buy, sell, comment) require registration with name, email, address and account details. Users must keep credentials confidential. Two-factor authentication is recommended. There is no right to registration. Artunita may suspend users for violations of community rules.
§3 Contract formation
Platform services (Artunita–User): contract concluded upon completion of registration. Paid features are purchased via separate order in the app. Marketplace transactions (User–User): an artwork listing constitutes an invitation to make an offer. By clicking the buy button the buyer makes a binding offer. The contract is concluded upon seller's confirmation through the app.
§4 Scope and prices
Artunita provides the technical infrastructure to present, market and sell art. • Fees: registration is free. A sales commission applies per current fee schedule. • Custom profile design (colors, fonts, layout) is a paid feature. All prices are in Swiss francs (CHF) including VAT unless stated otherwise.
§5 Payment terms
Accepted: PayPal, Stripe, Twint, credit cards (Mastercard, Visa), bank transfer. Marketplace payments may go through an escrow service. Late payment interest: 5% p.a. per Art. 104 of the Swiss Code of Obligations.
§6 Art market specifics (authenticity & copyright)
• Copyright remains with the artist. By uploading, the user grants Artunita a simple, worldwide right to use the works for platform promotion (e.g. "Trends", "Stories"). • Authenticity: seller (artist/gallery) guarantees authorship and accuracy (size, technique, condition). A certificate of authenticity may be attached for originals. • Watermarks: artists can enable automatic watermarks to protect digital works.
§7 Liability and warranty
Artunita's liability for slight negligence and indirect/consequential damages is excluded to the extent legally permissible (Art. 100 CO). Artunita is not liable for app availability or accuracy of user content. For marketplace defects, only the respective seller is liable. For unique pieces, warranty may be excluded under Art. 199 CO unless willful concealment.
§8 Right of withdrawal (B2C)
Swiss law provides no statutory right of withdrawal for online sales. Artunita and sellers may voluntarily grant a 14-day return right. Exception: custom-made works (commissioned art) are excluded from withdrawal.
§9 Retention of title
Physical artworks remain property of the seller until full payment. The seller may register the retention of title at the buyer's domicile (Art. 715 Swiss Civil Code).
§10 Final provisions
Place of performance and exclusive jurisdiction: the Company's seat in Switzerland, unless mandatory provisions apply (e.g. consumer jurisdiction law). Applicable law: exclusively Swiss law, excluding UN Convention on Contracts for the International Sale of Goods (CISG). Severability: if any provision is invalid, the remaining provisions stay in force.