Nutzungsbedingungen
Jose Art Gallery is (1) a creative community that brings together people from all over the world to communicate, promote visual arts, exchange information and materials (hereinafter referred to as "User Content"), as well as (2) a marketplace for creating, selling, and purchasing original artworks, reproductions, digital files with their images, souvenir products, and other handmade items (hereinafter collectively referred to as "Goods") through our website https://joseartgallery.com (hereinafter referred to as the "Website") or mobile application (hereinafter referred to as the "Mobile Application").
Users of the Website (hereinafter referred to as "User" or "Users") are individuals or legal entities that use the Website to post their Goods or services on the Jose Art Gallery platform, to search for and purchase Goods or services offered by other users, as well as to perform other actions provided for by the functionality of the Website.
1. Acceptance of these Terms
These Terms and any other policies on our Website constitute a binding legal agreement between you and Jose Art Gallery S.L., head office: 17, Calle Mariano Cuber, 46011 Valencia, Comunidad Valenciana, España, or via email: support@joseartgallery.com.
Hereafter, we will use the name "Jose Art Gallery" and the pronouns "we" or "our" to refer to Jose Art Gallery S.L.
Please note that Jose Art Gallery acts as a platform connecting buyers and sellers, acting as an intermediary and not as a reseller. Transactions made on the Website are concluded directly between the Buyer and the Seller. Most Goods are shipped and delivered to Buyers by Sellers under their exclusive responsibility. Some goods are supplied by Jose Art Gallery.
By continuing to use our Services, you acknowledge that you have read, understood, and agree to comply with these Terms and other policies on the Website. If you do not agree with these Terms and policies, you should not use or access any content, Goods, or Services.
If you agree to these Terms on behalf of a legal entity, company, organization, or brand, you warrant that you have the authority to represent such legal entity and have all necessary permissions and licenses as provided by these Terms and other policies on the Website. In such cases, the terms "you" and "your" will refer to both you and the said legal entity.
By accessing the Services, you warrant that you have the necessary legal capacity and have reached the age of 18. Access to the Services or their use by individuals under the age of 18 is strictly prohibited. Additionally, you confirm that all information provided by you during registration and in your Account is true, accurate, and complete.
2. Changes to these Terms and Additional Agreements
You should be aware that we may unilaterally change these Terms of Use of the Website. We will notify you of these changes via email or by providing a corresponding notice in your Account on the Website.
New Terms and additional agreements take effect immediately upon their publication, unless otherwise stated. We recommend that you regularly review the Terms for changes. If you continue to use the Website after the changes take effect, it will signify your agreement with the updated Terms.
Jose Art Gallery and users of the Website are obligated to comply with these Terms in future transactions and additional agreements, even if they are not explicitly included in future agreements. The latest version of the Terms always applies at the time of concluding any new agreement.
All new Services added to the Website are also subject to these Terms.
3. Other Policies
To understand how the Website works and the Terms of providing you with Services, please be sure to familiarize yourself with the following documents on the Website, which are part of the General Terms of Use:
- Seller Policy;
- Privacy Policy;
- Cookie Policy;
- Community Guidelines;
- Intellectual Property Policy;
- Return Policy;
- Legal/Contact Information.
Some of the Terms described here may be repeated and specified in separate documents and Policies mentioned above.
In the event of any inconsistency between these Terms and other Policies published for access to certain Services, the latter shall prevail.
4. Your Privacy
We understand the value and importance of the personal data of our Website Users, which is why we ask you to carefully read our Privacy Policy to understand how we collect and process your personal information.
We are committed to ensuring full transparency and timely notifying our users of any changes to the Privacy Policy that may affect their data.
If you have any questions or concerns regarding the privacy of your data, please contact us via email at dpo@joseartgallery.com. We are ready to answer all your questions regarding the use of your data.
We also reserve the right to change the owner of our Website at any time. You agree that all content you upload to the Website and your personal data may be transferred to the new owner. In the event of a change of ownership, we guarantee that the protection of the personal data of Website Users will be ensured in accordance with our Privacy Policy.
5. Conditions of Access to the Site
Any User can use the Website for free. However, Jose Art Gallery reserves the right to charge for access to certain Services or parts of them at any time. You will not be charged for access to Services without your prior consent to payment (e.g., when subscribing to a "Paid Subscription"). You also agree to pay all expenses that may arise from using the Services at the rates in effect at the time such expenses are incurred.
6. Creating an Account
To use the Services on the Jose Art Gallery website, you need to register. During registration, you will need to choose one of the offered Account types: artist, collector, curator, or gallery.
More information about User types can be found below.
Be sure to provide accurate, current, and complete information during registration and update it as necessary, for example, if you become a registered VAT payer. We have the right, but not the obligation, to verify the accuracy of the provided information.
It is prohibited to use false information or impersonate another person or company with your account. The User's name and/or pseudonym must not violate the rights of third parties, such as names or trademarks, mislead people, or violate morality or law. Our company reserves the right to set formal requirements and restrictions for the User's name and/or pseudonym and to reject them in the future.
You are responsible for any use (including unauthorized use) of your username and password. If your username or password is lost or stolen, or if you suspect unauthorized access to your Account, immediately notify our support service.
Be careful to ensure the security of your password. You are personally responsible for actions taken in your Account, so it is important to create a highly secure password.
If you share your Account with others, for example, when managing a "Gallery" type of Account, the person identified in the Account as the official representative of the Gallery is responsible for any actions taken under this Account.
The Website offers four types of Accounts: collector, artist, curator, and gallery. Each type of Account has unique features and settings that correspond to the User's role on Jose Art Gallery.
Collector — a user who purchases artworks on the Website. They can also sell original artworks from their personal collection.
Artist — a user who creates artworks such as paintings, graphics, sculptures, digital art, or photography. They can upload their works to the Website and create their personal online gallery. Through their Account, the artist can sell their works and purchase works by other authors.
Curator — a user who acts as an agent for the artist, representing their interests on the Website. The curator manages the personal pages of their artists, creates their personal online galleries, uploads their artworks, and organizes the sale of these works. The curator undertakes to pay the artists remuneration in accordance with their direct agreements, for example, under an Artist Representation Agreement. The curator also has the right to purchase artworks on their own behalf on the Website.
Gallery — a user who is a legal entity acting as an agent for the artist, representing their interests on the Website. The gallery manages the personal pages of their artists, creates their personal online galleries, uploads their artworks, and organizes the sale of these works. The gallery undertakes to pay the artists remuneration in accordance with their direct agreements. The gallery also has the right to purchase artworks on their own behalf on the Website.
If you need to change the type of your Account on the Website after registration, you will not be able to do so independently. You will need to delete your Account and register again to change its type. If you need additional information on this matter, please contact our support service.
8. User Content
User Content refers to materials created by Users of our Service, such as comments, articles, posts, reviews, images in the feed, photos, videos, User names or pseudonyms, gallery names, profile photos, biographies, and other descriptions of the User's profile, etc., as well as suggestions, ideas, questions, or other information that Users may post, send, or share through the Website.
User Content does not include Goods, the publication and use of which are governed by the "Seller Policy".
We have the right to remove or modify any User Content published using our Services.
If you believe that the publication of User Content infringes your copyright, you can contact us by filling out the appropriate Copyright Infringement Notice form (hereinafter referred to as the "Notice"). We will review your request and contact you. For more information on the Notice form, you can refer to our Intellectual Property Policy.
When you post your User Content on Jose Art Gallery, you grant us a limited license to use that content so that we can make it available for viewing and use within our Services.
When you post User Content on or through our Services, you (1) grant Jose Art Gallery a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, create derivative works from, reproduce, publicly display, translate, distribute, broadcast, and otherwise use any such User Content on any medium, separately or in combination with other User Content or materials, in any manner and by any means, methods, or technologies now known or hereafter created, in connection with the Jose Art Gallery Services, and (2) grant other visitors to the Website the right and license to view your User Content within the Services or through them. This allows us to promote Jose Art Gallery and the Services as a whole, using any formats and channels, including any Jose Art Gallery services, partners, or third-party websites or advertising tools.
When publishing content, you confirm that you are its sole and exclusive owner, have all necessary rights, and do not infringe on the rights of third parties. You take full responsibility for all User Content you publish and guarantee that the User Content and any use of it does not infringe on third-party patents, copyrights, trademarks, trade secrets, publicity rights, or other protected rights.
You grant an irrevocable permission to use such content and materials for the entire period of protection of your intellectual property rights. To the extent permitted by applicable law, you waive the right to be identified as the author of such content and the right to object to derogatory treatment of it.
All messages and materials you send to the Jose Art Gallery Website, via email or any other means, including data, questions, comments, chats, messages, or suggestions, may be read by administrators and moderators of the Website. They may be modified by Jose Art Gallery or otherwise used or not used on the Website at its discretion and may be used by Jose Art Gallery or its affiliates for any purpose, including, but not limited to, disclosure, publication, reproduction, broadcasting, and otherwise.
Additionally, any ideas, concepts, know-how, or techniques contained in messages you send to the Website may be freely used by Jose Art Gallery for any purpose, including, but not limited to, developing, producing, and marketing products using such information. If you transmit any materials or messages to the Website, you agree that they may be used by Jose Art Gallery without any compensation for reproduction, publication, transmission, marketing, product development, etc.
Jose Art Gallery may occasionally monitor or review discussions, messages, posts, comments, etc., on the Website, but is not responsible for any content posted or actions taken by you or third parties on the Website. This includes any errors, defamation, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information posted by you or third parties on the Website.
Users are fully responsible for any User Content they post on the Website, and we encourage all Website Users to be courteous, law-abiding, and to follow our Terms and other Website Policies when interacting with other Users.
9. Links
Jose Art Gallery is not responsible for the availability or accuracy of websites or resources linked to in the Services, User Content, or Product descriptions. It is also not implied that Jose Art Gallery endorses such websites, resources, their content, products, or services. All risks associated with using such websites or resources are assumed by you.
10. Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Jose Art Gallery Service for personal use in accordance with the Terms and subject to the following limitations:
- This license remains in effect until it is revoked or terminated by you or Jose Art Gallery.
- You must comply with all local, state, and international laws, as well as the laws of the Kingdom of Spain, and be responsible for obtaining all necessary permits and licenses for publishing your Goods or User Content. Additionally, you must comply with the requirements of the applicable laws of the relevant jurisdiction.
- It is prohibited to engage in any fraudulent, anti-competitive, threatening actions or crimes against Jose Art Gallery, other Jose Art Gallery Users, or third parties.
- You are not allowed to use any computer software tools, including web spiders, bots, indexers, search robots, or any other automatic devices or programs, algorithms, or any similar equivalent processes to access, acquire, copy, or monitor any part of the Website or content or to reproduce or bypass the navigation structure. You must comply with our Intellectual Property Policy, as well as international copyright laws, and not attempt to obtain materials, documents, or information that cannot be provided through the Website.
- You are solely responsible for paying all fees, taxes, and mandatory charges applicable to any purchase or sale made using our Services. Jose Art Gallery may calculate, collect, and remit value-added tax (VAT) and other mandatory payments, where applicable. We will notify you of such payments in your Account. For more details, refer to the "Seller Policy". Jose Art Gallery is responsible for calculating and collecting these payments only to the extent required by applicable law.
- Additionally, you must comply with our sanctions policy.
11. Limitation and Modification of Services
Jose Art Gallery reserves the right to deny access to the Services to any User at any time without prior notice if they fail to comply with these Terms and other Website Policies. Typically, we will notify you of the termination or suspension of your account unless you repeatedly violate our rules or there are legal grounds preventing such notification.
We reserve the right to change URLs, limit, modify, or discontinue access to our Services at any time without prior notice.
Jose Art Gallery has the right to remove or modify any User Content or Goods in our Services at any time without prior notice. This may include removing User Content and Goods that may contain offensive, obscene, lustful, dirty, excessively violent, or other undesirable materials. We may also remove User Content and Goods that violate our Terms of Use and other Website Policies.
We make every effort to ensure that the Jose Art Gallery Website operates properly to provide you with quality service; however, we are not responsible for any changes or discontinuation of our Services. The operation of Jose Art Gallery Services may experience unforeseen interruptions due to technical issues, as well as updates or testing. In such cases, we may modify, suspend, or discontinue any part of the Service without prior notice.
We are also not responsible for any losses resulting from interruptions or failures in the operation of the Internet or other services caused by third-party actions or other events beyond our control.
12. Site Rules
You confirm that you do not intend to use the Jose Art Gallery Services for any illegal or otherwise improper purpose. We ask you to carefully read and comply with the Community Guidelines, which are part of our Website Policies.
13. Communication with Jose Art Gallery
To ensure the proper use of the Website, Mobile Application, and our other Services, we may send you important messages on the Website. These messages may include, but are not limited to, updates to these Terms and other Website Policies, information about new Services, transaction information, and other documents, including legal ones, which will be provided to you electronically. Please note that these messages are not promotional and cannot be disabled.
You agree that all communication with Jose Art Gallery will occur via electronic messages. You also agree that your consent to documents posted on our Website has the same legal force as signing an agreement on paper. Clicking a button on the Jose Art Gallery site, if the text next to it informs you that you agree to certain terms or policies, will have the same legal force as signing an agreement on paper.
To send electronic messages, we may use several methods: send them to the email address you provided in your Account; post them on our Website or in the Mobile Application; provide access to them through a URL specified in an email sent to you.
To receive electronic messages, you need: a computer or mobile device with Internet access; a web browser with support for
To receive electronic messages, you need to ensure that your contact information in the Account is accurate; otherwise, we are not responsible for your failure to receive electronic messages.
To opt out of receiving electronic messages from Jose Art Gallery, you need to contact us at: Jose Art Gallery S.L., head office: 17, Calle Mariano Cuber, 46011 Valencia, Comunidad Valenciana, España, or via email: support@joseartgallery.com and notify us of your desire to receive paper copies of messages. However, please note that this may result in the complete cancellation of your access to our Services, which are available only in electronic form.
14. Copyright Infringement Claims
Jose Art Gallery takes the protection of Users' intellectual property rights very seriously.
If you believe that your copyright has been infringed on our Website, (1) please refer to our Intellectual Property Policy, and (2) fill out the appropriate Copyright Infringement Notice form (hereinafter referred to as the "Notice"). We will review your request and contact you.
15. Jose Art Gallery’s Proprietary Rights
This Website and all its content, including trademarks, trade names, logos, domain names, and any other elements of the Jose Art Gallery brand, are the property of Jose Art Gallery or its parent, affiliated, subsidiary companies, or third-party licensors. These Terms and other Website Policies do not grant you any rights to use any elements of the Jose Art Gallery brand for commercial or non-commercial purposes. You may not copy, reproduce, publish on another website, republish, upload, encode, modify, translate, publicly perform or display, use for commercial or non-commercial purposes, distribute, or transmit any part of this Website or create derivative works from it without the written permission of Jose Art Gallery. Any unauthorized use of the content of this Website may result in civil or criminal liability.
16. Shipping of Goods, Responsibility, and Role of Jose Art Gallery Jose Art Gallery is committed to making every effort to supply only high-quality products that meet the specifications described in the terms of use. However, our responsibility is limited to the Services we provide on the Website, and we are not responsible for events that are not directly related to our activities and that may cause damage to the Buyer.
16.1. Original Artworks and Handicrafts Jose Art Gallery provides third-party Sellers with the opportunity to sell their original artworks and handicrafts on the Website. Information about Sellers and their products is indicated on the Sellers' profile pages and individual product pages.
Although Jose Art Gallery facilitates transactions and, in most cases, organizes the interaction between the Seller and the delivery service for shipping Goods to the Buyer, we are neither the Buyer nor the Seller of the original artworks and handicrafts. The shipment of Goods, as well as the consideration of Buyer claims, is entirely the responsibility of the Seller, and the delivery service is responsible for the delivery of the Goods. It is important to note that each order shipped from the Seller to the Buyer is monitored by us and is insured, and the cost of insurance is already included in the delivery cost.
Jose Art Gallery provides the platform for negotiations and transactions between Sellers and Buyers, but the contract is concluded solely between them. In the sale of this category of Goods on the Website, Jose Art Gallery is not a party to the transaction and is not responsible for it, nor is it the seller's agent. Any claims regarding purchased goods should be directed to the seller. The Buyer releases Jose Art Gallery from any claims related to goods purchased on our marketplace.
Jose Art Gallery oversees the delivery of orders from the Seller to the Buyer, and our customer support team will be happy to answer any questions.
17. Disputes with Other Users
If you encounter a dispute with other Users or a third party on the Website regarding the use of Jose Art Gallery Services, our recommendation is to contact them directly and try to resolve the conflict amicably.
In cases where the Buyer and Seller cannot independently resolve a dispute related to a purchase or sale on our platform, Jose Art Gallery is willing to assist you in the conflict resolution process. We will strive to help you resolve disputes in good faith, based on our Terms and Policies and at our discretion. However, we do not make legal decisions on disputes and are not obligated to resolve them.
18. Disputes with Jose Art Gallery
18.1. Applicable Law and Jurisdiction
Any disputes arising from or related to the use of this website will be resolved in accordance with the laws of the Kingdom of Spain.
To expedite the resolution and reduce the costs of any disputes or claims (each, a "Dispute," and collectively, "Disputes") related to these Terms, the parties (each, a "Party," and collectively, the "Parties") agree to attempt to resolve any Dispute (except for Disputes expressly excluded below) informally for 10 (ten) business days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising out of or related to this agreement, including any question regarding its existence, validity, interpretation, performance, or termination, will be finally resolved by arbitration administered by the Court of Arbitration of the Official Chamber of Commerce, Industry, and Services of Madrid in accordance with its Arbitration Rules in effect at the date of submission of the request for arbitration.
- The arbitration tribunal appointed for this purpose will consist of a single arbitrator.
- The language of the arbitration will be English.
- The seat of arbitration will be Madrid, Spain.
- The arbitration will be confidential.
The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
18.2. Information on Online Dispute Resolution
Mandatory information regarding Regulation (EU) No 524/2013 of the European Parliament and Council.
Please follow this link to the European Commission's Online Dispute Resolution website: ec.europa.eu/consumers/odr/
19. Liability for Damages
We hope that we never have to face lawsuits at Jose Art Gallery due to your actions. However, in the event of such claims, you agree to indemnify us for any damage incurred and to cooperate with us to ensure effective defense.
Jose Art Gallery reserves the right to conduct legal defense at its discretion, even if the user indemnifies for damages.
20. Force Majeure
Neither Jose Art Gallery, its employees, nor directors are liable for any delays, failure to perform, or interruption of obligations under these terms if caused by force majeure circumstances or events beyond the control of Jose Art Gallery, including but not limited to fire, flood, earthquake, storm, war, terrorist acts, strikes, government intervention, failure of transportation, or power supply.
21. Warranties and Limitation of Liability
JOSE ART GALLERY DOES NOT GUARANTEE THAT: (1) THIS WEBSITE, ITS CONTENT, SERVICES, OR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED; (2) THEY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION; (3) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (4) ANY DEFECTS WILL BE CORRECTED; OR (5) YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
JOSE ART GALLERY AND ITS EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOSS OF PROFITS, INCOME, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE SERVICES PROVIDED OR THESE TERMS TO THE FULL EXTENT PERMITTED BY LAW. IN ACCORDANCE WITH THESE TERMS, JOSE ART GALLERY'S LIABILITY FOR ANY DAMAGE DOES NOT EXCEED 100 EUROS OR THE AMOUNT PAID BY YOU IN THE LAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.