WinStage – Terms and Conditions for Artists

Last updated: August 25, 2025

§1 Provider, Scope

The operator of the platform winstage.at and contracting party of the artists is WinAdmin GmbH (hereinafter “WinStage”). “WinStage” is a brand name of WinAdmin GmbH.
These Terms and Conditions govern the contractual relationship between WinStage and the exhibiting artists. Any deviations require written form.

§2 Services Provided by WinStage

WinStage provides artists with an online presentation space on winstage.at.
Artists can present their artworks there with images, descriptions, and prices.
Interested collectors/buyers can reserve a work online without obligation; WinStage forwards such reservation requests to the artist.
WinStage does not act as the seller or contracting party of the buyer and does not handle payments, invoicing, or shipping.

§3 Rights and Obligations of the Artist

The artist remains the sole provider and seller of their artworks.
They are obliged to provide truthful and complete information about their works (dimensions, technique, price, etc.), to ensure they possess the rights necessary to sell the works, to independently handle the entire sales process (invoicing, payment, packaging, shipping), and to fulfil all legal obligations (including warranty, right of withdrawal under the Austrian Distance and Off-Premises Transactions Act – FAGG, VAT, and copyright).
The artist shall indemnify WinStage against all third-party claims arising from content provided by the artist, inaccurate information, or legal infringements, including reasonable legal defence costs.

§4 Rights and Obligations of WinStage

WinStage solely facilitates contact between interested parties; no specific result (sale/conclusion) is owed.
WinStage is not obliged to guarantee any particular reach, visibility, or number of reservations or sales.
WinStage may reject, block, or remove content that violates laws, third-party rights, or WinStage principles.
The artist grants WinStage a simple, non-exclusive, royalty-free, geographically unrestricted right of use limited to the term of the contract, allowing WinStage to use the uploaded images and texts to promote WinStage and/or the artist on social media, in newsletters, and in print/online media.
Transfer of such material to third parties for commercial purposes is excluded.

§5 Remuneration / Tariff Model

Use of the platform is based on the selected plan:
Basic (free of charge), Starter (annual fee; presentation with pricing and forwarding of purchase enquiries), or Pro (annual fee; extended presentation options, social media promotion, larger number of artworks).
Currently, no sales commission is charged.
The applicable terms and prices are available on winstage.at and form an integral part of the contract.

§6 Liability

WinStage merely provides the technical platform winstage.at and forwards non-binding expressions of interest from potential buyers to artists.
Contracts for the sale, delivery, payment, or return of artworks are concluded exclusively between artist and buyer.
WinStage acts neither as a representative nor as an agent of any contracting party and is not itself a contractual party.
WinStage assumes no liability for the conclusion, execution, or non-performance of contracts between artists and buyers, nor for payment, delivery, packaging, shipping, withdrawal rights, warranty, guarantee, or any other obligations arising from the contractual relationship between artist and buyer.
WinStage accepts no liability for the accuracy, completeness, or legality of information provided by artists, or for failures, malfunctions, or disruptions caused by maintenance, network outages, third-party attacks, force majeure, or other events beyond WinStage’s control.
Mandatory legal liabilities, particularly in cases of intent, gross negligence, injury to life, body, or health, and under the Austrian Product Liability Act, remain unaffected.
WinStage does not provide legal, tax, or business advice and assumes no warranties or guarantees unless expressly agreed in writing.

§7 Term and Termination

The contract term is 12 months.
If not terminated in due time, the contract is automatically renewed for another 12 months.
Ordinary termination by either party must be given with three months’ notice before the end of the current term; receipt in text form (e.g. email) is decisive.
Extraordinary termination for good cause remains possible for both parties.
A good cause exists in particular if there is a serious violation of law or essential contractual obligations, failure to perform despite reminder, unauthorised deletion or alteration of content, permanent shutdown or unavailability of the platform for more than 30 days, or data protection violations making continuation unreasonable.

§8 Final Provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdiction – to the extent legally permissible – is Wiener Neustadt.
Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.