Seller Policy

The Seller is required to pay for Jose Art Gallery Services, including applicable fees, and acknowledges Jose Art Gallery's right to collect applicable taxes.

Jose Art Gallery establishes the following commission rates for the sale of original artworks:

40% for "Artist" accounts;

40% for "Curator" accounts, when adding fewer than four artists;

25% for "Curator" accounts, when adding four or more artists;

20% for "Gallery" accounts;

40% for "Collector" accounts.

For the sale of prints and souvenir products, Sellers receive 100% royalties, corresponding to the full amount of their share of the compensation specified when listing the Product for sale.

Jose Art Gallery receives a fixed fee for each individual print format or unit of product, depending on the materials and print bases used.

For the sale of digital Products, Sellers receive a fixed royalty percentage of 60% of the buyer's price, excluding taxes.

An important aspect of any sales transactions is the matter of taxes. All amounts mentioned in the Website Policies do not include taxes such as value-added tax (VAT), similar taxes, or customs duties and tariffs that may be levied by governmental tax authorities in accordance with applicable law.

The Seller is solely responsible for paying all applicable taxes when selling their Products through our Services. Jose Art Gallery does not collect taxes it is not required to collect, but if applicable, Jose Art Gallery will withhold the necessary amounts of value-added tax VAT (which in some jurisdictions is referred to as GST or local sales taxes) from the payments made to you. The withheld amount will be automatically displayed in your account, and Jose Art Gallery will remit this tax to the tax authorities.

For residents of the European Union and the European Economic Area, VAT is charged according to the applicable rate set by the legislation of the country of residence.

If you have any questions regarding tax obligations related to the sale of Products, it is recommended that you consult your tax advisor for additional information.

The Seller agrees to cooperate closely with Jose Art Gallery, ensuring the provision of any necessary documentation or forms required by applicable laws to ensure the effective fulfillment of obligations and the exercise of all rights provided by law, including, but not limited to, the tax field.

Jose Art Gallery applies indirect taxes, such as VAT (value-added tax), to commissions paid to artists in accordance with EU law. As of July 1, 2021, under the new EU rules, marketplaces are required to account for and remit VAT on cross-border transactions between businesses and consumers if both parties to the transaction are within the European Union. Thus, Jose Art Gallery, registered in Spain and operating as a marketplace, is required to collect VAT on commissions from artists who do not have a VAT number.

For example, if a French artist (not registered as a VAT payer) sells an artwork for 1,000 euros, Jose Art Gallery charges a commission of 40% or 400 euros. In this case, 20% VAT is added to the commission at the French rate, which amounts to 80 euros, so the total amount charged to the artist will be 480 euros.

Thus, artists making significant sales may find it beneficial to register as VAT payers to be able to reclaim the taxes paid. Providing Jose Art Gallery with a verifiable VAT identification number will avoid VAT being charged on platform service commissions.

For more information on taxation in your country, you can visit the European VAT One-Stop-Shop portal: https://vat-one-stop-shop.ec.europa.eu/index_en

The Jose Art Gallery Seller agrees to pay a fee for payment transfers using the chosen payment method. This fee is charged by Jose Art Gallery to cover administrative expenses and other costs associated with the payment method chosen by the Seller. The cost of the fee may vary depending on the chosen payout method.

If the Seller withdraws funds from their balance in a currency different from the settlement currency specified in their account, Jose Art Gallery charges a currency conversion fee. This fee rate may differ from the rates effective on the date of the transaction.

If you have additional questions about reward payments, tax payments, and fees, please contact us at support@joseartgallery.com.

Jose Art Gallery actively conducts various promotional offers aimed at attracting new buyers and maintaining interest among existing collectors in a wide range of art. This opens up opportunities for artists to present themselves to a new audience and increase the likelihood of future sales of their artworks.

You agree that Jose Art Gallery may conduct various promotional offers for any category of Products published on the Website. These promotions may include various types of discounts on Products. You agree to comply with all conditions related to promotional offers, including selling Products at a special price, taking into account the discount on the original cost.

A collector may use a special offer in the form of promo codes when purchasing your artwork on Jose Art Gallery and apply a discount during the purchase. Promo codes usually provide a discount of 10% to 20% on the purchase of original artworks, not exceeding the specified percentage.

For the client, in the case of using a promo code, the discount will be applied to the public price of the artwork listed on the site.

For the artist, when calculating payments for a sold artwork, the discount amount will be deducted from the price of the artwork excluding shipping costs, after which the commission will be calculated according to the standard 60/40 split scheme, where 60% is the artist's share (Seller's reward), and 40% is the gallery's share (gallery commission).

Thus, with a 10% discount, the originally expected 600 euros of the artist's income is reduced to 522 euros, and the gallery's commission is reduced from the expected 400 euros to 348 euros.

Jose Art Gallery provides a "Messages" feature that allows users to communicate directly on the platform. This is a convenient tool for interaction between buyers and Sellers and with each other. However, using this feature implies compliance with certain rules:

Prohibition of spam and advertising: Sending unsolicited advertisements, spam, donation requests, or any other unwanted information is strictly prohibited.

Prohibition of harassment and abuse: Harassment, abuse, or any other forms of aggressive behavior are not allowed.

Compliance with Community Rules: All users must strictly adhere to the established community rules of Jose Art Gallery.

Prohibition of sharing confidential information: It is prohibited to exchange contact and financial information between users to bypass the official order process through Jose Art Gallery. This includes exchanging phone numbers, email addresses, external URLs, money transfer instructions, and any other confidential information.

We strongly recommend that all users strictly follow these rules to ensure safety and comfort when using the "Messages" feature.

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 relevant government authorities where required by law. In other cases, Jose Art Gallery does not share any personal information with third parties, so you can be assured of the safety of your data.

Jose Art Gallery unilaterally assigns a rating to each Product, based on its own experience, user evaluation criteria, and comments.

Products with high ratings are given priority in publication, occupying the top positions in the relevant sections of the Website. Conversely, Products with low ratings are placed at the bottom of the lists. This policy helps maintain the quality and relevance of the offerings on the platform, ensuring users have access to the most valuable and popular Products.

The user acknowledges and confirms their obligation not to dispute the rating assigned to the Product by Jose Art Gallery.

Jose Art Gallery has the right not to publish a Product or to remove a previously published Product (with or without stating the reasons) if the Product:

Unfortunately, it is technically impossible to specify all the reasons why a Product may be removed from your gallery. Jose Art Gallery reserves the right to block and/or remove a Product you have published if it considers that such a Product in any way contradicts the Policies of our site.

To ensure high-quality images and user safety, Jose Art Gallery establishes the following requirements for uploaded files:

Security: When uploading files with Product images, the Seller confirms and guarantees that they have all the necessary rights to the file and the authority to grant Jose Art Gallery the rights for its commercial use. This includes the need to have appropriate permissions for files containing images of people or private property. If the Seller acts on behalf of third parties, they must have all the necessary documents confirming copyright and related rights, as well as the right to commercially sell the file.

File Formats: Accepted image formats are JPG, PNG, WEBP.

Image Resolution: It is recommended to upload images with a resolution of at least 300 dpi to ensure high quality. The minimum acceptable resolution is 72 dpi. High-quality images improve the perception of the Product and contribute to increased sales. Low-resolution images do not meet platform standards and will not be approved for sale.

Image Size: The minimum size on the shortest side should be 600 pixels.

File Size: The maximum file size should not exceed 100 MB.

Image Quality: The uploaded image must be clear, without distortions and extraneous elements such as watermarks, stickers, frames, and advertising materials.

Jose Art Gallery takes measures to ensure that all images meet high standards of quality and safety. Uploading images that violate copyright is strictly prohibited.

The Seller agrees not to publish on the Website Products, including their images and descriptions, that infringe on anyone's trademark, 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 are responsible for direct or indirect damages resulting from intentional or accidental actions, resulting from the use or inability to use any images or files with images presented on the Website.

Jose Art Gallery has the right to refuse to publish Products or their images on the Website for any reason. Products or their images will be removed if Jose Art Gallery believes that the posted Products will entail legal liability for Jose Art Gallery or any of its officers, managers, directors, or employees or if the Products violate the Terms and Policies of the Website.

The Seller will cooperate in good faith with Jose Art Gallery to timely and amicably resolve any disputes regarding intellectual property rights related to the Seller's Products. Such cooperation, among other things and actions, will include direct communication with claimants, reviewing materials confirming authorship, consultations with Jose Art Gallery representatives or their authorized representatives.

By posting Original Artworks or their reproductions (Prints), Souvenir Products, or Handcrafted Items on Jose Art Gallery, 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 print production), create derivative works, reproduce, distribute, store, broadcast, publicly perform, and publicly display your original artworks, handcrafted items, or prints in any form, on any media, separately or in combination with other content or materials, in any manner and by any means, methods, or technologies, now known or created in the future, in connection with Jose Art Gallery Services, and you (2) grant visitors of the Website the right and license to view your Products on or through the Website Services. 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.

The Seller, having posted a Digital Product with an image on Jose Art Gallery, thereby grants Jose Art Gallery the right to grant Buyers licenses to such Digital Products of the Seller (hereinafter referred to as the Digital File).

When the Seller posts a Digital File with an image on Jose Art Gallery, Jose Art Gallery receives the following rights: to use, publish, post, reproduce, modify, republish, compress, transmit, create and sell prints or other copies created by other means, to publicly display, exhibit, and reproduce Digital Files, as well as to grant these rights to Buyers of licenses for the Seller's Digital File on an exclusive and non-exclusive basis in accordance with the terms of Jose Art Gallery's license agreements.

Jose Art Gallery, buyers, or third parties receive a 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 guarantee of a worldwide exclusive or non-exclusive, lifetime, non-transferable (sub)license to end buyers for the digital file in accordance with the terms of the license agreements on this Website.

The Seller understands and agrees that Jose Art Gallery has the right to distribute and advertise digital files not only through the Website and Mobile Application but also through other methods, counterparties, third parties (hereinafter collectively referred to as the "Third Party") at its own discretion, without coordinating with the Seller.

Jose Art Gallery has the right to provide or transfer licenses, certain rights or restrictions, and obligations on the Digital File to Third Parties.

Jose Art Gallery has the unconditional right to provide Third Parties with access to the Digital File you have published on the Website, through any software interfaces and by any means, at the sole discretion of Jose Art Gallery, taking into account the terms of the license agreements.

The Seller understands and agrees that Jose Art Gallery, without paying any compensation, has the right to use the Digital File in its own activities or through the activities of Third Parties, within the framework of issuing licenses for the Digital File, in Jose Art Gallery's advertising activities, including advertising the Website or Mobile Application.

Regardless of how the Digital File is obtained by the Buyer or Third Party, the reward for the sale of the Digital File is paid to the Seller in the same amount as when purchasing the Digital File on the Website.

For any images you choose to license through one of our licenses, Jose Art Gallery will have the right, but not the obligation, to license your images to Buyers or Third Parties.

You must read and familiarize yourself with the terms of the licenses on our Website. Carefully read and familiarize yourself with the terms of the licenses governing the Buyer's use of Digital Files and the restriction on the use of Digital Files. Any actions by the Seller on the Website indicate that the license terms are fully understood.

Licenses issued by the Seller to Jose Art Gallery, or licenses issued by Jose Art Gallery for the use of any Digital File that is withdrawn by the Seller from the Website, will remain in full force after such withdrawal.

The Seller understands and confirms that the reward or compensation for granting a license under these Policies or granting other licensing rights under these Policies is only in the form of the reward paid to the Seller upon the sale of the Digital File and/or Original Artwork and/or Print and/or Souvenir Product.

Copyrights to images posted on the Website remain with the owner of such copyrights.

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

You may have access to some personal data of the buyer in connection with fulfilling your obligations as a Seller. For example, you may process the buyer's personal information, such as their name, shipping address, contact phone number, and email. According to EU legislation, in such cases, you become a data controller for other users. This means that you are responsible for processing and protecting their personal information in accordance with GDPR requirements.

You agree to use this data only for the purpose of fulfilling your obligations to the buyer, for example, for processing and delivering the order.

You may not transfer the buyer's personal data to third parties without the buyer's consent.

You must ensure proper protection and processing of the buyer's personal data in accordance with the applicable data protection laws.

You may not use the buyer's personal data to send advertising or marketing messages without the buyer's consent.

You are responsible for any unauthorized processing or use of the buyer's personal data, carried out by you or third parties acting on your behalf.

You undertake to respect the confidentiality of visitors and buyers of the Website whose information you have received.

You must strictly comply with all legal requirements and standards in the field of data protection to prevent unauthorized access, use, or distribution of users' personal information.

If you want to obtain 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 GDPR requirements and examples of their application.

If applicable, Jose Art Gallery may ask the photographer to provide written permission from individuals depicted in the photographs to process and use their personal data for publication on the Website.

When obtaining such permission, you must ensure that the data subjects understand the purposes of using their photographs on the Website and agree to how their images will be used, for example, in which contexts.

Additionally, you must ensure that the individuals in the photographs are of legal age or have the necessary permission from their parents or legal guardians to process and use their personal data.

Please note. When obtaining such written permission, you must comply with data processing laws and regulations, as well as copyright and other legal requirements when publishing your photographs on the Website.

If we detect violations of the Terms and Policies of the Website on your part, we have the right to temporarily block or completely remove your content, as well as suspend or deactivate your Account and restrict access to the Services.

In case of Account deletion, Jose Art Gallery will withdraw the available funds from your Balance to the payment account specified by you for withdrawals.

The Seller may permanently delete their account, including all their data, Products, and User Content, at any time from the "Account Settings" section in their Account.

After carefully reviewing this Policy, you confirm that you have received all necessary clarifications and details, allowing you to use the Services provided by our Website.

You also agree that our Services are suitable for you and that you give free and informed consent to accept the Terms and Policies of the Website, including this Seller Policy.

If necessary, you undertake to provide Jose Art Gallery with all necessary information and assistance to provide Services to the users of the Website. In addition, you undertake to promptly inform us of any circumstances that may affect the implementation of Jose Art Gallery's Policies as soon as you become aware of them.

We guarantee that the Services we provide meet high standards of quality and safety. However, we cannot guarantee that the Services will be available without interruptions or errors. We will strive to correct any faults that may arise in the operation of the Services as quickly as possible.

When using our Services, you undertake to comply with all applicable laws and regulations and not to violate the rights of other users of the Website or third parties. We reserve the right to take measures to restrict access to the Services or close the Account if a violation of our Rules and Policies is detected.

You agree that Jose Art Gallery is not responsible for the relationships between galleries/curators and the artists they represent on the Website. This includes any issues related to the payment of compensations to artists. Jose Art Gallery acts as a platform for the publication and sale of artworks but does not participate in managing contractual relationships between site users.

Jose Art Gallery does not guarantee the fulfillment of obligations by the Buyer and the Seller of the Digital File as provided in the terms of the License. The platform has no obligation to compensate any losses to the Seller and/or Buyer of the Digital File resulting from its sale, nor is it obliged to monitor the lawful use of the Digital File image by the Buyer, as provided in the License Agreement.

Jose Art Gallery is not responsible for the relationships or consequences that may arise between buyers and Sellers as a result of purchases made through the Website. 

You assume full responsibility for any possible consequences of using the Website, as well as for any damage or loss that may be caused to other parties due to your actions.