Seller Policy

Please note that our Website Policies are currently being translated into other languages and will be available soon. However, this English version is the primary and official version of our Website Policies, and versions in other languages are for reference only and not considered primary versions.

The Seller Policy described herein (hereinafter — the “Policy”) will help you better understand your rights and obligations as a seller and explain how to use our services, software, tools and site features (hereinafter referred to as the “Service” or jointly — the “Services”) as applicable to your sales.

If you have not already done so, please read this and the other Policies and Terms of the Website carefully.

1. General Terms

Jose Art Gallery is a marketplace where you may offer and sell original artworks, reproductions thereof and digital files with their art, souvenirs and other handmade products (hereinafter jointly referred to as the “Goods”) through our website accessible at https://joseartgallery.com (hereinafter — the “Website”) or our mobile application (hereinafter — the “Mobile Application”).

To ensure that you and our customers receive the best possible satisfaction and professional service from Jose Art Gallery, we kindly ask you to study this Seller Policy carefully.

Jose Art Gallery is a platform connecting buyers and sellers, but is not a reseller. The Buyer and the Seller make a purchase or sale directly. Most of the Goods are shipped and delivered to the Buyers by the Sellers, at their sole responsibility. Some of the Goods are supplied by Jose Art Gallery.

This policy is part of our General Terms of Use. By creating a gallery of the Goods on our Website, you agree to this Seller Policy, the General Terms of Use and other Policies and Rules of the Website.

We may amend this Seller Policy by notifying you by e-mail or by providing notice of the change to your Account. The new Policy will take effect immediately upon publishing unless otherwise stated. You agree to be bound by any changes if you continue to use the Website after such changes have been published.

2. What You May Sell at Jose Art Gallery?

Please note! Prints, Souvenirs and Digital Files are temporarily unavailable for sale.

2.1. Original Artwork and Handmade Items

We do our best to ensure that the Jose Art Gallery’s Website provides inspiration and engulfs every professional or lover of art with an atmosphere of creative love, unique artworks, beautiful visual imagery, and new ideas. With this in mind, the Goods you may display for sale at Jose Art Gallery shall be exclusively original artworks and/or handmade items.

You acknowledge and agree that you shall bear sole responsibility for creating your gallery of goods and agree to sell the Goods that (1) are original artworks, handmade items or digital goods created or designed by you and being in your sole and exclusive ownership; and (2) you hold all rights, licenses, consents and permissions to sell such Goods (including on behalf of the copyright holder who authorized you to do so, if applicable) or (3) such Goods are original artworks not created or designed by you, but are owned by you and you are not legally restricted from reselling such Goods neither you are infringing the intellectual property rights of third parties, you hold all rights, licenses, consents and permissions necessary to provide Jose Art Gallery as set forth in the Website Policies.

Moreover, while publishing the Goods, you shall:

• Publish your own photo and video content that is not derived from other websites, for example including but not limited to content from photostocks, photobanks or other libraries.
• Specify the true authorship of the artwork or handmade item.
• Identify the subcontractor or producer, if applicable, i.e. the individual or legal entity that facilitated in implementation of your own design into the final product.

Original artworks include: paintings, drawings, sculptures, digital art, and photography. Accordingly, the Goods from among the original artworks are published at our Website in “Artworks” section, under the following sub-sections:

When publishing original artworks in the sub-categories of “Photography” and “Digital Art”, you shall specify in the descriptive part to the Goods the information about their features, including materials and the method of production (printing) on a physical medium, if such characteristics are not provided when the Goods are added on the Website. You also shall carry out quality production (printing) of these types of the Goods, if they are sold in physical form.

You may sell the Goods from the “Photography” and “Digital Art” sub-categories in Open Edition and Limited Edition. However, Jose Art Gallery shall be entitled to limit the number of Limited Edition copies unilaterally.

• “Open Edition” generally means that an artwork (such as a photograph or a digital painting) may be printed or produced in unlimited quantities. This means that anyone can purchase a copy, and there is no limit to its production. Such editions may be available in different sizes, materials and other variations.
• “Limited Edition” means that an artwork is limited in its quantity. For example, it may be limited to 100 copies, and each copy may be numbered and signed by the author or producer. Such editions are usually more valuable as they are limited in number, making them more unique and collectible. Limited editions may contain additional elements such as unique packaging or certificates of authenticity.

Original artworks are the main group of the Goods at our Website. All other groups of the Goods, such as the Prints, the Souvenirs and the Digital Goods, are created under a license from copyright holder based on images of original artworks.

The minimum price for the Buyer of original artworks offered for sale by the Seller may not be less than 200 Euros.

2.2. Prints

The Prints include copies of original artworks (reproductions) produced in our printing house under a license from the rights holder.

The Prints may be available in different formats and sizes, depending on the Seller’s settings and the Buyer’s preferences.

The sale of the Prints can be profitable for the artist as it allows them to generate income from their creative work without having to sell the originals, and to expand their audience through the sale of printed reproductions. In addition, selling the Prints can be profitable for customers as it allows them to purchase a copy of their favourite artwork at a more affordable price than the original one.

When producing the Prints, we use the most advanced technology and professional printing equipment to achieve perfect colour reproduction and a wide range of tones, and we use materials from the best paper and canvas manufacturers to ensure the durability and sustainability of the prints.

You can use the Website features to create the Prints from photographs of your items previously added under “Painting”, “Drawings”, “Digital Art” or “Photography” sub-sections.

2.3. Souvenirs (temporarily not available for sale)

Souvenirs and memorabilia cover various items where reproductions of your original artwork may be printed which are produced in our printing house under a copyright holder license.

Souvenir items may be, for example, including, but not limited to, postcards, magnets, coffee mugs, T-shirts, decorative cushions, etc. Such products could be interesting gifts and souvenirs for those who are fascinated by art, appreciate your creativity and enjoy collecting various items.

You can create a Souvenir Items group from your items previously added to Paintings, Drawings, Digital Art or Photography sub-sections and further put them up for sale.

Souvenirs are temporarily not available for sale. We will notify you additionally when the sale option of this product group is available again.

2.4. Digital Goods (temporarily not available for sale)

A digital product is a digital image file that you sell to a customer in exchange for payment.

Depending on the license terms you provide, the Buyer can use the digital image file for various purposes such as personal use, commercial use, promotional material etc.

Selling digital goods helps you generate income from your creative work without having to sell physical media. By selling digital goods, you can expand your audience, attract new customers and promote your art business online. In addition, you can provide buyers with different sizes and resolutions of images depending on their needs, which increases your appeal as a seller.

Digital Goods are temporarily not available for sale. We will notify you additionally when the sale option of this product group is available again.

3. What You May Not Sell at Jose Art Gallery?

You agree that you will not publish any Goods that:

• infringe our Intellectual Property Policy;
• contain signs of a pornographic nature;
• degrade honour and dignity of the Third Party, other users of the Website;
• incite interracial, inter-ethnic, religious, sexual and political discord;
• violate the rights and/or freedoms of Third Parties;
• violate the laws of the Republic of Austria;
• contain links to third-party sites of any nature;
• contain obscene language;
• contain advertising of alcohol and/or tobacco products;
• contain incitement to violence;
• contain slander against a Third Party;
• are represented by a poor quality photograph or description;
• replicate the Goods previously published on the Website.

4. Who May Sell at the Jose Art Gallery?

4.1. The Goods may be sold on the Website by:

• an individual of full legal age and necessary legal capacity;
• a legal entity. If you are acting on behalf of a legal entity, you warrant that you have the authority to represent that legal entity.

Website Users who have opted for the “Artist” account type shall be entitled to sell Original Artworks produced by them, Digital Goods (digital file licenses), Souvenirs and Prints (produced by the Jose Art Gallery printing house).

Website Users who have opted for the “Curator” and “Gallery” account type shall be entitled to sell Original Artworks on behalf of the copyright holder has authorised them to do so. 

If the Seller publishes the Goods intellectual property rights titles to which is held by a Third Party, the Seller shall obtain the copyright holder’s permission to represent them, including permission to sell such goods.

If you are a user of a “Curator” or “Gallery” account and wish to sell Prints and Digital Goods by artists who have authorised you to do so, you will need to go through a special procedure to verify the authority granted to you. Please write to support@joseartgallery.com if you have a need to sell such a group of the Goods.

Jose Art Gallery users who have chosen the “Collector” account type may sell Original Artworks not created or developed by the Seller itself. Such works shall belong to the Seller by right of ownership and the Seller shall confirm that they hold all necessary rights, licenses, consents and permissions to publish such Goods for sale through the Jose Art Gallery’s website and they do not infringe the rights of Third Parties, including intellectual property rights.

4.2. Accuracy of Data Provided

When registering with Jose Art Gallery, the Sellers shall provide accurate personal information and are responsible for keeping it up to date and updated as needed. In addition, Jose Art Gallery or its authorised agents shall be entitled to authenticate the Sellers by accessing public data or by contacting licensed payment service providers. These measures are taken to protect the reputation of the platform and prevent fraud, money laundering, terrorist financing and trade sanctions violations.

4.3. Power of Attorney from the Copyright Holder

Occasionally, we may suspect that the Goods you are selling on behalf of Third Parties do not have the necessary rights, licenses, consents and permissions to be marketed and may infringe the legitimate interests of the intellectual property rights holder.

Should such an event occur, we may request documents from you confirming that you have the appropriate license or power of attorney to use the rights to the Goods being sold.

• Such documents are accepted by us as electronic scans in PDF or JPG format. It is crucial that all data is clearly legible.
• Documents shall be signed or stamped by the intellectual property rights holder or the manufacturer of the Goods. If you are the copyright holder, your proof of ownership shall be required.
• We recommend that you provide clear and high quality copies of documents to ensure your request is handled with the utmost speed and efficiency.

We can verify your power of attorney or license agreement by contacting the copyright holder you have specified in your application.

Note. Jose Art Gallery does not specifically verify or monitor whether the Seller receives permission from the rights holder to represent the latter (if applicable), including the sale of the Original Artwork or the Handmade Item on its behalf. Furthermore, Jose Art Gallery shall not be liable for the representation of Third Parties and the publication/sale of the Goods by the Seller who does not have sufficient rights to do so.

5. High-End Standards of Customer Service

5.1. General Requirements

By putting the Goods for sale at Jose Art Gallery, you agree to be responsible for complying with all applicable laws, rules and policies of the Website in relation to the Goods you are listing for sale. Jose Art Gallery shall not be liable for the accuracy or content of the description of your Goods, nor for the timeliness of your shipment of the Goods.

By selling at Jose Art Gallery, you agree to:

• provide quality customer service and maintain the confidence of your customers;
• meet order dispatch deadlines;
• respond to incoming communications from customers or potential customers in a timely manner;
• notify us immediately if for any reason you are unable to fulfil your order;
• settle disagreements directly with the Buyer;
• comply with the terms and conditions of the Licenses between you and the Buyer;
• make changes to the status of the Goods, including their sale, and, revise their availability by updating their status on a regular basis.

5.2. Publishing the Goods

To publish your Goods for sale at Jose Art Gallery, you shall log into your Seller’s Account and publish the Goods in your gallery.

This process includes:

• creating a description of the Goods;
• listing the price of the Goods;
• adding pictures of the Goods;
• describing specifications of the Goods (technique and materials, size, weight, etc.)
• identifying the country and the address of their location;
• adding keywords for a better search outcome on the Website.

You will be able to make changes to the Goods page throughout duration of their publication.

As a result of full and detailed filling of the page of the Goods by the Seller, users can easily find the Goods they need and get all the necessary information about them on the Website.

5.3. Guarantee of Regular Availability Checks

You shall regularly check the availability of the Goods listed for sale in your personal gallery at Jose Art Gallery. You shall be liable for their shipment to the Buyer and shall bear sole responsibility for the availability of such Goods offered for sale.

If the Goods were sold outside of Jose Art Gallery, or if there is any other reason for withdrawal or removal of the Goods from the Website, you shall update the status of the Goods on the Website within 24 hours.

5.4. Best Price Guarantee

The Seller shall not sell their Goods outside Jose Art Gallery at a lower price than that quoted on Jose Art Gallery’s Website.

You shall represent and warrant that the prices for your Goods on Jose Art Gallery’s Website are the most competitive ones on the market.

5.5. Notification of Availability and Preparation for Shipment

If the original artwork was sold in its physical form, the Seller shall notify us of the availability of the Goods and preparations for their shipment within 48 hours of the Buyer placing the order. If the Seller fails to do so, Jose Art Gallery shall be entitled to: cancel the sale of the Goods, refund the Buyer and apply the following sanctions to the Seller:

a. block the Account for a specified period;

or

b. delete the Account;

and/or

c. deduct funds from the Seller’s Balance as compensation for any loss to the Buyer and/or Jose Art Gallery if applicable.

6. Shipping Commitments

6.1. Delivery Method

Jose Art Gallery’s main partner (preferred courier service) for the delivery of physical Goods from the Seller to the Buyers shall be DHL Express. When your Goods are sold we shall take care that you will receive all necessary instructions and documents for shipment of the Goods to the nearest DHL Express courier service or directly to the courier.

In certain cases, upon agreement with our staff prior to delivery, we shall accept the use of other premium courier services, subject, however, to certain conditions in order to guarantee quality customer service.

If you do not dispatch the Goods via a courier service of a Jose Art Gallery partner and if you pay the delivery costs yourself, we will refund the amount you have paid for the delivery. However, this arrangement shall be agreed between the Seller and Jose Art Gallery in advance.

6.2. Delivery Service Costs Calculation

Delivery costs are not included in the price of the Goods, but are calculated automatically after the Buyer indicates the delivery address. The delivery cost depends on the dimensions and weight of the Goods, the point of departure and the destination point.

You shall be liable for providing Jose Art Gallery with the exact weight and dimensions of the Goods you have committed to ship, and the shipping address provided you use Jose Art Gallery’s preferred courier service.

Jose Art Gallery reserves the right to deduct from your remuneration the incremental delivery costs of the Goods if the actual weight, dimensions and shipping information at the time of shipping differs from that previously provided.

The calculated delivery costs shall include insurance, customs duties and taxes (if applicable).

However, we do not exclude the possibility of additional customs charges when importing the parcel to the Buyer’s country. This is because customs duties are calculated by the customs officer of the recipient country, who may impose additional charges. In this case, the Buyer shall pay such charges upon receipt of the parcel.

Note. When calculating delivery costs and customs charges, we use the system of our shipping partner, DHL Express.

6.3. Urgency of Shipment

The Seller shall make every effort to ship the Goods to the Buyer as soon as possible

Once the Buyer has placed the order, the Seller has 48 hours to confirm the availability of the Goods. The Seller shall confirm the availability of the Goods and indicate the date of their shipment to the courier delivery service in the Seller’s Account under “My Orders”.

The Seller shall make all possible arrangements for the parcel to be dispatched within the next 3-5 working days from the date of the Buyer’s order. Any delays or impediments shall be communicated to Jose Art Gallery’s staff immediately.

If more time is required to prepare the Goods for delivery to the Buyer, the Seller shall indicate this in the description to the Goods, and shall also notify Jose Art Gallery and the Buyer of this, unless this has previously been stated in the description to the Goods.

6.4. Packaging

The Seller shall bear sole responsibility for the packaging of the Goods. The expenses associated with packaging shall rest with the Seller, and their cost shall be included in the price of the Goods. The Seller shall pack the Goods correctly and securely so that they are not damaged during delivery.

Please note that the packaging shall be easy to open and close and be durable enough so that the Buyer, should the Goods are subject to return, may use the same original packaging.

6.5. Shipping Documents

We have done our best to make it as convenient and easy as possible for our Sellers to fill in the paperwork for the shipment of goods to the Buyers.

Once the Buyer has placed the order, you will find a list of documents required for shipment in the “My Sales” section of the Seller’s Account. Most of the documents will be generated automatically by the system, you will only need to download and print them, and others you will need to print and fill in.

If you have any additional questions about filling out the documents, please contact our support team. Our staff will gladly provide you with an advice.

6.6. Responsibility for Delivery

All physical Goods for which delivery has been arranged through the Website and dispatched by the Seller via DHL Express are subject to insurance. The delivery service shall bear responsibility for the delivery of such goods.

Jose Art Gallery shall not be liable for the safety of the Goods during their transportation by the delivery service, including any damage/loss to the Goods and/or the original packaging and shall not be liable for any damages and/or refunds to the Seller arising during the delivery through no fault of the Website.

Jose Art Gallery shall not be liable for any damage to the Goods during their transfer from the Seller to the Buyer. The Seller shall bear sole responsibility for packaging the Goods accurately and sending them via a delivery service which will minimise the likelihood of damage.

If the Seller ships its Goods to the Buyer via a courier delivery service, without arranging delivery on the Website and without prior notification of a change of courier to Jose Art Gallery, then the Seller does so at their own risk and Jose Art Gallery reserves the right to make a full and immediate refund to the Buyer upon notification of non-delivery within the billing period.

6.7. Receipt of the Goods by the Customer

The Seller may track their Goods via the automatic tracking system integrated into the Seller’s Account on the Website. Upon receipt of the Buyer’s order, the delivery status will be updated and the Buyer will be given a 14-day period to return the Goods without having to explain the reason.

6.8. 14-day Return Period

This section applies to the Goods that are shipped and delivered by the Sellers to the Buyers. The Seller is not required to be involved in returns of goods where Jose Art Gallery is charged with their shipment and dispatch. Such matters are dealt with by our staff in liaison with the Buyers; further we promptly notify the Seller on the outcome of such liaison.

After actually receiving the original work or the handmade item, the Buyer has 14 days to return the goods for any reason.

We hope that such cases will be extremely rare with your Goods, however, even if this happens, Jose Art Gallery will do its best to ensure that the Buyer keeps the Goods by offering a solution to this issue. In doing so, we will ensure to inform the Seller of these negotiations.

If, however, the Buyer’s decision to return the Goods within the 14-day period is final, the Buyer will receive a full refund after the work has been returned to the Seller.

For more details on the conditions for returning the Goods within the 14-day period for Buyers, please see our Return Policy.

Please note. When returning the Goods from the Buyer, the Seller may incur an additional obligation to pay customs duties or VAT in the Buyer’s country of residence. In this case, the Seller shall pay customs duties in accordance with the customs regulations of the country of residence. You may complain to the competent authorities for reimbursement of any customs duties requested at the time of returning the Goods from the Buyer. The Seller shall be personally liable for the payment of all taxes and duties in the event of the return of the Goods for any reason from the Buyer and Jose Art Gallery shall not reimburse the Seller for any costs in connection with such payments.

We recommend that you consult your tax advisors on these matters.

Please note, however, that in the event that, on return, the Goods are held up at customs due to the Seller’s refusal to pay customs duties, we will consider such parcel received by the Seller and the Buyer will be refunded.

7. Dispute Settlement Commitments

The Seller shall comply with the legal guarantee of conformity of their Goods with the declared qualities and characteristics, and to perform the commitments undertaken by the Seller in good faith.

Should a problem with the order occurs or a dispute arise, the Buyer shall be entitled to contact the Seller via the messaging tool on the Website, and the Seller shall respond in due time, but no later than 48 hours from the receipt of such a request from the Buyer. For this reason, the Seller shall regularly check the notifications in the Seller’s account with Jose Art Gallery and respond to messages from the Buyers.

Once a Buyer has contacted you with a complaint, you shall settle the issue within 3 more days. If the dispute is not settled and the Buyer asserts its right to return the Goods, Jose Art Gallery will refund the Buyer the value of the Goods (including delivery costs) within 14 days of the date the Goods are successfully received by the Seller in their original condition and packaging.

Jose Art Gallery reserves the right to refund the Buyer by deducting the amount payable to you, plus an allowance on your balance (reserve of your balance).

If the Buyer returns the Goods due to their non-compliance with the quality and specification indicated on the Website, then the Seller shall bear all costs of returning the Goods.

The Buyer may also submit any complaints to the dispute resolution platform of the European Commission at the following address: ec.europa.eu/consumers/odr/main/

8. Pricing, Payments, Compensation

8.1. Pricing

The Seller shall be entitled to determine the price of their Goods on the Jose Art Gallery’s website in accordance with applicable law. The price shall include all taxes and packaging costs, but exclude delivery costs. Jose Art Gallery shall take delivery costs into account when the Buyer places the order, calculating them on the basis of the dimensions and weight of the Goods specified by the Seller. In the event that the dimensions/weight indicated by the Seller differ from the actual dimensions/weight indicated by the delivery service, the costs incurred as a result thereof shall be borne in full by the Seller. Such costs will be reimbursed by Jose Art Gallery by deduction from the Seller’s remuneration.

The Seller and the Buyer shall be entitled to discuss the price of the Goods using the messaging tool on the Website. Should the Seller and the Buyer agree to change the price of the Goods from the price originally indicated on the page of the Goods, the Seller shall change the price of the Goods and invite the Buyer to carry out the purchase via the Website.

Please note, that in order to protect the interests of both the Buyer and Jose Art Gallery, the Seller may be penalized by a temporary blocking of access to the Account or a complete deletion of the Account, with no right of recovery, should they be found to have attempted to divert the Buyer to another website in order to carry out the transaction.

8.2. Payments and Withdrawals

Jose Art Gallery sets out the following procedure for the payment of remuneration to the Seller:

• When the Goods are sold, the Seller’s remuneration (income) amount for each order number will be displayed separately in the Seller’s Account under “My Sales”.
• The remuneration amount (net of Jose Art Gallery commission, all taxes, including VAT that may apply to the sale and other fees), will be automatically transferred to the Seller’s Balance (Bills & Incomes section), 14 (fourteen) calendar days after the Buyer actually receives the Goods, in case of sale of Original Artwork, Handmade Items, Souvenirs, Prints or Digital Goods.
• The Seller may withdraw available funds from their Balance at any time. To withdraw funds from the Balance, the Seller shall confirm the withdrawal request by clicking on the “Withdrawal” button in their Account under “Bills & Incomes”.
• The transfer of the amount requested to be withdrawn from the Seller’s Balance to the bank account specified by the Seller will take place within ten (10) working days from the date of such request. The term for effecting a withdrawal from the Payment Account to the bank account of the Seller may be changed for reasons beyond the control of Jose Art Gallery, and which occurred through no fault of ours.

8.3. Compensation and Refunds

If the Seller’s Account is terminated due to a breach of the Website Policy, Jose Art Gallery shall be entitled to withhold any fees and/or other compensation that would otherwise be payable to the Seller under the terms of this Policy as liquidated damages.

In the event of an overpayment of compensation (remuneration) to you, Jose Art Gallery shall be entitled to deduct the amount of such overpayment from your Balance or to require an immediate refund of such overpaid compensation.

Furthermore, Jose Art Gallery reserves the right to cancel any order placed on the Website at any time for any reason, in which case the Buyer will receive a full refund and the Seller will not be entitled to any consideration from the sale.

9. Payment for Services, Taxes and Charges

The Seller agrees to pay for Jose Art Gallery’s Services and charges and agrees that Jose Art Gallery may charge certain taxes.

9.1 Financial Remuneration

For each sale of the Original Artwork, Jose Art Gallery will receive a commission in the following amounts:

• 35% for “Artist” type Accounts;
• 25% for “Curator” type Accounts (if 4 or more artists are added);
• 35% for "Curator" type Accounts (if less than 4 artists are added);
• 20% for “Gallery” type accounts;
• 40% for “Collector” type accounts.

For each sale of the Prints and the Souvenirs you will receive 100% royalty, i.e. the entire amount of your part of the remuneration, which you indicated while listing the Prints for sale in your Seller’s Account.

In turn, Jose Art Gallery will receive a fixed remuneration for each individual print format or unit of the Goods, taking into account the different materials and printing bases.

For each of the Digital Goods sold, you will receive a fixed royalty percentage of 70% of the price to the Buyer, exclusive of taxes.

9.2. Taxes

An important consideration in any sales transactions is the issue of taxes. All amounts referred to in the Website Policies do not include taxes such as value added tax (VAT), similar taxes or customs duties and fees, which may be levied by public tax authorities in accordance with applicable legislation.

The Seller shall bear sole responsibility for the payment of all applicable taxes when selling their Goods through our Services. Jose Art Gallery does not collect taxes which it is not required to collect, but if applicable, Jose Art Gallery will withhold the required amounts of Value Added Tax (which in some jurisdictions are referred to as GST or local sales taxes) from payments made to you. The amount withheld will be displayed automatically in your Account and Jose Art Gallery will remit this tax to the tax authorities.

VAT will be charged at the statutory rate according to the laws of the country of residence for residents of the European Union and the European Economic Area.

Should you have any questions about your tax liability with respect to the sale of the Goods, we kindly recommend to contact your tax advisor for further information.

The Seller shall co-operate closely with Jose Art Gallery in providing that any necessary documentation or forms required under applicable legislation are supplied in order to ensure the effective fulfilment of their commitments and the exercise of all its rights under the law, including, but not limited to, the taxation field.

9.3. Payment Processing Fees and Disbursements

The Seller at Jose Art Gallery agrees to pay a fee for the transfer of payments by its preferred payment method. This fee is charged by Jose Art Gallery to offset the administrative costs and expenses associated with the payment method chosen by the Seller. The amount of the fee may vary depending on the method of payment.

If the Seller withdraws funds from their Balance in a currency or to an account other than the settlement currency selected in their Account, Jose Art Gallery will charge a foreign currency conversion fee, and this rate may differ from the rates in effect on the date of payment.

If you have further questions regarding payment of fees, taxes and charges, please contact us at support@joseartgallery.com.

10. Communicating via Messages

Jose Art Gallery provides a “Messages” feature which allows users to communicate with each other directly on the Website. This is a great way for the Buyers to communicate with the Sellers and each other. However, when using the “Messages” feature, certain rules shall be observed:

• Sending unsolicited advertising, spam, donation requests or any other unsolicited information is prohibited;
• Harassment and insults are prohibited;
• Violation of the Community rules is prohibited;
• Exchanging contacts, financial or other confidential information between you and users of the Website with the aim of avoiding the Jose Art Gallery checkout procedure is prohibited. This includes, but is not limited to, the exchange of telephone numbers, e-mail addresses, external URLs, money transfer instructions and any other confidential information.

We encourage all users to follow these rules to ensure the security and comfortable use of the “Messages” feature.

11. Seller’s Information Disclosure

Jose Art Gallery guarantees the protection of your personal information and strives to ensure its confidentiality. However, you agree that Jose Art Gallery will disclose your personal information and transaction details to the relevant government authorities where required by law. Otherwise, Jose Art Gallery will not transfer any personal data to any third party so that you can rest assured that your information will be secure.

12. Rating of the Goods

Jose Art Gallery at its discretion assigns a rating to each of the Goods based on its own experience, user evaluation criteria and comments.

The Platform publishes the Goods in the list of Goods based on their rating. To avoid double interpretation: Goods with a low rating are displayed at the end of the relevant sections of the Website and those with a high rating, at the beginning.

The User acknowledges and confirms their commitment not to challenge Jose Art Gallery’s rating of the Goods.

13. The Goods not Approved for Publishing or Withdrawn from Publication

Jose Art Gallery shall be entitled not to publish the Goods or to remove previously published Goods (with or without providing a reason) if the Goods:

• in any way infringe the Third Party’s rights, including property and/or intellectual property rights;
• contain signs of a pornographic nature;
• degrade honour and dignity of the Third Party, other Users;
• incite interracial, inter-ethnic, religious, sexual and political discord;
• violate the rights and/or freedoms of Third Parties;
• violate the laws of the Republic of Austria;
• contain links to third-party sites of any nature;
• contain obscene language;
• contain advertising of alcohol and/or tobacco products;
• contain incitement to violence;
• contain slander against a Third Party;
• are represented by a poor quality photograph uploaded by the Seller;
• are represented by a main photograph taken incorrectly, i.e. a distorted one, with other objects captured etc.;
• have been previously published on the Website;
• Website’s staff has received a complaint about the Goods from other Users.

Unfortunately, it is technically impossible to list all the reasons why the Goods may be removed from your Gallery of the Goods. Jose Art Gallery reserves the right to block and/or remove the Goods you have published if it considers that such Goods go against our Website Policies in any way.

14. File Requirements

To ensure high-end quality images and the safety of Users, we set the following file requirements for uploaded files:

• Safety. When uploading files with images of the Goods to the Website, the Seller confirms, warrants and represents that they have all necessary rights and authority over the file, including granting Jose Art Gallery rights, licenses and permissions for commercial use. The Seller shall have the appropriate permissions for files that contain images of people and of private property. If the Seller is acting on behalf of a Third Party, it shall have all the necessary copyright and related rights documentation for the file, as well as the right to sell it for commercial use. It is also prohibited to upload images containing pornography, violence, discrimination as well as any other images which may violate international laws and the laws of the Republic of Austria.
• File format. We accept images in JPG, PNG, WEBP formats.
• Resolution. We recommend uploading images with a resolution no lower than 300 dpi. The minimum resolution for accepting images on the site is 72 dpi. Image resolution is critical for selling Digital Goods and Prints. High-end quality images will enhance the attractiveness of the Goods to the Buyer and, as a result, boost sales. We therefore recommend that you always upload images with the highest possible resolution. Images with a low resolution will not meet our standards and therefore will not be eligible for sale.
• Image size. A minimum of 600 px on the smaller side.
• File size. We accept files of a maximum size of 25 MB.
• Image quality. Uploaded image has to be clear, distortion free, without any elements in the way, including foreign objects, watermarks, stickers, frames, advertisements etc.
• Security. We prohibit uploading copyright infringing images.

15. Intellectual Property

The Seller shall not publish on the Website any Products including their images and descriptions which infringe anyone’s trade mark, patent, copyright or other similar proprietary rights.

The Seller acknowledges and agrees that neither Jose Art Gallery nor any of its officers, managers, directors or employees, Partners, agents or affiliates shall be liable for any direct or indirect loss arising, whether direct or incidental, from the use of or inability to use any images or image files displayed on the Website.

Jose Art Gallery may refuse to publish the Goods or their images on the Website for any reason. The Goods or their images will be removed if Jose Art Gallery deems that the listed Goods would give rise to legal liability for Jose Art Gallery or any of its officers, managers, directors or employees, or if the Goods violate the Website’s Terms and Policies.

The Seller shall co-operate in good faith with Jose Art Gallery in order to settle any disputes over intellectual property rights relating to the Seller’s Goods in a timely and amicable manner. Such co-operation shall include, among other things, direct communication with complainants, review of copyright material, consultation with Jose Art Gallery or its authorised representatives.

16. Delegation of Authority

16.1. Licenses You Grant Us

By publishing the Original Artworks or reproductions thereof (Prints), the Souvenirs or the Handmade Items, you: (1) grant Jose Art Gallery a worldwide, royalty-free, irrevocable, transferable, non-exclusive right and license with the right to sublicense to use, display, edit, modify (if necessary in connection with printing of prints), create derivative works from, reproduce, distribute, store, transmit, publicly perform and publicly display your Original Artwork(s), Souvenirs or Handmade Items in any form, in any medium, alone or in combination with other content or materials, in any manner or by any means, methods or technology now known or later developed in connection with the Jose Art Gallery Services and you (2) grant directly to other visitors to the Website the right and license to view your Goods on or through the Services on the Website. This allows us to promote Jose Art Gallery and the Services in general using any formats and channels, including any Jose Art Gallery services, partners or third-party websites or advertising tools.

By publishing the Digital Goods with an image at Jose Art Gallery, the Seller hereby grants Jose Art Gallery the right to license such Seller’s Digital Goods (hereinafter — the “Digital File”) to the Buyers.

Once the Seller publishes the Digital File with an image at Jose Art Gallery, Jose Art Gallery obtains the following rights: to use, publish, post, reproduce, modify, republish, compress, transmit, make and sell prints or other copies otherwise created, to publicly display, exhibit, expose, portray, duplicate the Digital Files, and to grant such rights to the Buyers of the Seller’s Digital File license on an exclusive and non-exclusive basis in accordance with Jose Art Gallery’s licensing agreements.

Jose Art Gallery, the Buyers or Third Parties, are granted license to the Digital File in accordance with these Website Policies.

The Seller, in turn, by accepting the terms of these Policies, grants the right and warranty of a worldwide, exclusive or non-exclusive, lifetime, non-transferable (sub)license to end Buyers to the Digital File under the terms of the license agreements on this Website.

The Seller understands and agrees that Jose Art Gallery may distribute, promote the Digital Files not only through the Website, Mobile Application, but also through other methods, counterparties, Third Parties (hereinafter collectively, — the “Third Party”) in its sole discretion, without the approval of Seller.

Jose Art Gallery shall be entitled to grant or transfer to the Third Parties licenses, certain rights or restrictions, and obligations under the Digital File.

Jose Art Gallery has the unconditional right to grant Third Parties access to the Digital File published by you on the Website, through any software interfaces and in any manner Jose Art Gallery sees fit, subject to the terms of the license agreements.

The Seller understands and agrees that Jose Art Gallery may, without payment of any consideration, use the Digital File in its own activities or through the activities of the Third Party, as part of the licensing of the Digital File, to promote Jose Art Gallery activities, including promotion of the Website.

Regardless of the manner in which the Digital File is obtained by the Buyer or the Third Party, remuneration for the sale of the Digital File shall be paid to the Seller in the same amount as if the Digital File had been purchased from the Website.

For any images that you choose to license using one of our licenses, Jose Art Gallery shall be entitled, but not obliged, to license your images to the Buyers or the Third Party.

You should read and review the license terms and conditions on our Website. Please carefully read and review the license terms and conditions regulating the Buyer’s use of the Digital Files and restrictions on use of the Digital Files. Any action by the Seller on the Website indicates that the terms of the licenses are fully understood.

Licenses granted by the Seller to Jose Art Gallery or licenses granted by Jose Art Gallery for use of any Digital File to be withdrawn by the Seller from the Website shall be in full force and effect following such withdrawal.

The Seller acknowledges and confirms that remuneration or compensation for granting a license under these Policies, or granting other license rights hereunder, shall only be paid to the Seller in respect of the sale of the Digital File and/or the Original Artwork and/or the Print and/or the Souvenirs.

16.2. Copyright of Images

The copyright for the images displayed on the Website rests with the owner of such copyright.

Nothing in these Rules shall be construed as indicating a transfer of any copyright to Jose Art Gallery.

17. Personal Data Protection

17.1. Seller’s Liability

You may have access to some of the Buyer’s personal data in connection with the performance of your commitments as the Seller. For example, you may process the Buyer’s personal information such as the name and the delivery address. Under the EU law, in such cases, you become the data controller of other Users. This means that you shall be liable for processing and protecting their personal information pursuant to the GDPR requirements.

You shall use this data only for the purpose of fulfilling your obligations to the Buyer, e.g. to place and deliver an order.

• You may not share the Buyer’s personal data with the Third Party without the Buyer’s consent.
• You shall ensure that the Buyer’s personal data is adequately protected and processed in accordance with applicable personal data protection legislation.
• You may not use the Buyer’s personal data to send advertising or marketing messages without the Buyer’s consent.
• You shall be liable for any unauthorised processing or use of the Buyer’s personal data by you or by Third Party acting on your behalf.
• You shall respect the privacy of the Visitors and the Buyers of the Website whose information you have received.

You shall strictly comply with all legal requirements and standards regarding data protection in order to prevent unauthorised access, use or dissemination of users’ personal information.

If you would like to receive more information about the General Data Protection Regulation, you can refer to resources such as gdpr-info.eu and gdprandyou.ie, which provide detailed descriptions of the GDPR requirements and examples of their application.

17.2. For Photographers

If applicable, Jose Art Gallery may request a photographer to present a written permission from the individuals shown in the photographs to process and use their personal data for the purposes of publication on the Website.

Once you receive such consent, you should make sure that the personal data subjects understand the purposes for which their images will be used on the Website and agree to the exact manner in which their images will be used, e.g. in which contexts.

You also need to make sure that the people shown in the photos are of legal age or that they have the necessary parental or legal guardian permission to process and use their personal data.

Please note. If you do obtain such written consent, you shall comply with laws and regulations on the processing of personal data as well as copyright and other legal requirements when publishing your photos on the Website.

18. Termination of Unlawful Actions

If we discover any violations of the Terms and Website Policies by you, we shall be entitled to temporarily suspend or delete your content, and to suspend/terminate your Account and limit your access to the Services.

Should your Account be deleted, Jose Art Gallery shall withdraw available funds from your Balance to the payment account you have provided for withdrawal.

19. Promotions

You agree that Jose Art Gallery may run different promotions for any category of Goods published on the Website. These promotions may include various types of discounts on goods in order to attract new customers and retain existing customers. You will be notified in advance of such promotions and you will be able to opt-in or opt-out of such offers. If you accept the terms and conditions of the promotion, you shall comply with all the conditions associated with the promotions, including the sale of goods at the special price, taking into account the discount on the original price.

20. Deleting an Account

The Seller may permanently delete their Account, including all of their data, the Goods and User Content at any time from the Account Settings section of their Account.

21. Acceptance of the Policy and Liability

After carefully reading this Policy, you confirm that you have received all necessary explanations and details to enable you to use the Services provided by our Website.

You also agree that our Services are suitable for you and that you freely and knowingly agree to accept the Website Terms and Policies, including this Seller Policy.

If necessary, you agree to provide Jose Art Gallery with all information and assistance needed to render the Services to the Website Users. In addition, you agree to immediately inform us of any circumstances that may affect your compliance with the Jose Art Gallery Policy as soon as you become aware of them.

We will ensure that the Services we provide meet high quality and safety standards. However, we cannot guarantee that the Services will be available without interruption or errors. We will endeavour to remedy any faults that may occur in operation of the Services as quickly as possible.

When using our Services, you agree to comply with all applicable laws and regulations, and not to violate the rights of other Website Users or of the Third Party. We reserve the right to take action to limit your access to the Services or terminate your Account if you are found to be in violation of our Rules and Policies.

You agree that Jose Art Gallery shall not be held liable for the relationship between the Gallery/Curator and the Artists they represent on the Website, including payment of their remuneration.

Jose Art Gallery does not act as a guarantor of the commitments on the Digital File of the Buyer and the Seller under the terms of the License. The Platform shall bear no liability to indemnify the Seller and/or the Buyer for any loss or damage arising from the sale of the Digital File, nor shall it have any obligation to monitor the Buyer’s rightful use of the Digital File image as set out in the License Agreement.

Jose Art Gallery shall not be held liable for any sales between the Buyers and the Sellers which are carried out by means of the Website.

You shall be solely responsible for any potential consequences of your use of the Website, and for any damage or loss that may be inflicted upon other parties due to your actions.