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.
Jose Art Gallery is (1) a creative community that brings together people from around the world to communicate with each other, promote visual art and beyond, and share information and other materials (hereinafter jointly, the — “User Content”), and (2) a marketplace to create, sell and purchase original artworks, reproductions and digital files thereof, souvenirs and other handmade items (hereinafter jointly — the “Goods”) through our website, accessible at https://joseartgallery.com (hereinafter — the “Website”) or our mobile application (hereinafter — the “Mobile Application”).
A user of the Website (hereinafter — the “User” or the “Users”) is an individual or a legal entity that visits or uses the Website to list their Goods or services on the Jose Art Gallery site, to search for and to buy the Goods or the Services offered by other users of Jose Art Gallery, or to carry out other activities on the Website considering its functionality.
1. Acceptance of these Terms
These Terms and any other policies on our Website shall constitute a binding legal agreement between you and Jose Art Gallery GmbH, head office: Palmersstraße 6/8 2351 Wiener Neudorf, Republik Österreich, VAT ID number:
In the following we will use the name “Jose Art Gallery” and the terms “we” or “our” to refer to Jose Art Gallery GmbH.
Please note that Jose Art Gallery acts as a platform of bringing together the Buyers and the Sellers, i.e. as an intermediary; it is not a reseller. Transactions carried out on the Website are concluded directly between the Buyer and the Seller. The Sellers ships and delivers most of the Goods to the Buyers at their sole responsibility. Jose Art Gallery delivers only some of the Goods.
By proceeding to use any of our Services, you shall acknowledge and agree that you have read, understand and agree to be bound by these Terms and other Website Policies. If you do not agree to the Terms and other Policies of the Website, you shall not use or access any Content, Goods and Services.
If you agree to these Terms on behalf of a legal entity, company, organisation, brand, you shall warrant that you have the authority to represent that legal entity, and you have all the permissions and licenses required by these Terms and other Policies of the Website. In such case, the terms “you” and “your” will refer to and apply to both you and that company or other legal entity.
By accessing the Services, you shall warrant that you have the necessary legal civil capacity and that you are at least 18 years of age. Access to or use of the Services by anyone under the age of 18 is expressly prohibited. In addition, you represent and warrant that any information provided by you during the registration process and in your Account is true, accurate and complete.
2. Changes to these Terms and Additional Agreements
Unless otherwise stated, the new Terms and any additional agreements will take effect immediately after they are published. We also recommend that you check the Terms regularly to learn about the changes. Your continued use of the Website after changes have been accepted will be the evidence of your acceptance of the updated Terms.
Jose Art Gallery and the Users of the Website shall comply with these Terms in future transactions and additional agreements, even if the latter are not expressly included in future agreements. These Terms shall always apply in their most up-to-date version at the time of any new agreement.
All new Services added to the Website shall also be subject to these Terms.
3. Other Policies
- Seller Policy;
- Cookies Policy;
- Community Rules;
- Intellectual Property Policy;
- Return Policy;
- Legal/Contact Information.
Some of the Terms described herein may be repeated and made more specific in separate documents and Policies referred to above.
In the event of any conflict between these Terms and/or other Policies published for access to certain Services, the latter provisions shall prevail.
4. Your Privacy
If you have any questions or concerns about your privacy, please contact us at firstname.lastname@example.org. We are available to answer any questions you may have regarding the use of your data.
5. Terms of access to the Website
Any User may use the Website free of charge. However, Jose Art Gallery reserves the right to charge for access to some or any part of the Services at any time. However, under no circumstances will you be charged for access to the Services unless we have received your prior consent to pay (for example, when you opt for a “Paid Subscription”). And you agree to pay any costs that may be incurred by you or on your behalf in using the Services at the prices in effect at the time such costs are incurred.
6. Creating an Account
In order to use the Services on Jose Art Gallery’s Website, you need to register. When you register on the Website you will be asked to select one of your account types: Artist, Collector, Curator, or Gallery. Read more about the User Types below.
Make sure you provide accurate, up-to-date and complete information when you register and keep it up to date, for example if you become a registered VAT payer. We shall be entitled but not obliged to check the accuracy of the information provided.
You shall be forbidden to use any incorrect information or impersonate any individual or company using your account. Your user name and/or alias shall not infringe any third party rights, such as names or trademarks, mislead others, or violate morality or the law. We reserve the right to impose formal requirements and limitations on the User’s name and/or alias as well as to reject the User’s name and/or alias in the future.
You shall be liable for any use (including an unauthorised one) of your User name and password. If your User name or password is lost or stolen or if you suspect unauthorised access to your Account, please notify our support team immediately.
Be careful to keep your password secure. You shall be personally liable for the actions you take in your Account, so it is crucial to make your password as secure as possible.
If you share an Account with others, for example when managing the “Gallery” account type, the person who is identified in the Account as the official representative of the Gallery shall be liable for any activity under that Account.
Once you have completed your registration or used our guest checkout option, you will become a “Jose Art Creative Community Member”.
You can delete your Account at any time under “Account Settings” section in your Account.
7. Types of Accounts
When a User registers on the Website, they may select the type of Account that best meets their needs and purposes.
The Website provides four account types to choose from: Collector, Artist, Curator and Gallery. Each Account type may have unique features and settings depending on the role of the Jose Art Gallery User.
The Collector is a user who purchases artwork on the Website. They may also sell original artworks from their personal collection on the Website.
The Artist is a user who creates artworks and may upload them to the Website. An Artist may use their Account to sell their own works or to purchase other artists’ works on the Website. Depending on the type of art the Artist creates, they can select one or two profile sub-types: painting, drawings, sculpture, digital art or photography. Each profile sub-type denotes a specific type of creative activity in which the Artist specialises and which they can represent on the Website.
The Curator is a user who acts as an agent for the Artist, acts on the artist’s behalf and can represent the artist on the Website. The Curator maintains personal pages of their artists, publishes artworks on behalf of the Artists and sells their works, undertaking to pay the Artists their remuneration in accordance with their separate direct agreement, for example, based on an Artist Representation Agreement. The Curator also shall be entitled to buy artworks on their own behalf on the Website.
The Gallery is a user who is a legal entity that acts as an agent for the Artist, acts on the artist’s behalf and can represent the artist on the Website. The Gallery maintains the personal pages of its artists, publishes artworks on behalf of the artists and sells their works, undertaking to pay the artists according to their separate direct agreement, e.g. on the basis of an Artist’s Representation Agreement. The Gallery shall also be entitled to buy artworks on its own behalf on the Website.
If you need to change your Account type on the Website after registering, you may not be able to do so yourself. You will need to delete your Account and register again to change your account type. If you require any further information in this respect, please contact our support team.
8. User Content
User Content is content created by the Users of our Service, such as comments, articles, publications, reviews, feed pictures, photos, videos, User names or aliases, Gallery titles, profile pictures, biography or other User profile description, etc., as well as suggestions, ideas, questions or other information that Users may publish, send or share through the Website.
User Content does not include the Goods, the publication and use of which are governed by our Website’s “Seller Policy”.
We shall be entitled to remove or edit any User Content posted via our Services.
If you believe that some of the User Content is infringing your copyright, you may contact us by completing the appropriate Notice of Alleged Copyright Infringement (hereinafter — “Notice”) form. We will review your request and contact you. Details of the Notice form may be found in our Intellectual Property Policy.
When you submit your User Content to Jose Art Gallery, you grant us a limited license to use that content so that we may make it available for viewing and use as part of our Services.
When you submit User Content to or through our Services, you (1) grant Jose Art Gallery a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, create derivative works from, reproduce, publicly exhibit, transmit, distribute, broadcast and otherwise exploit any such User Content in any medium, alone or in combination with other User 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 User Content 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 content, you confirm that you are the sole and exclusive owner of the content, have all necessary rights, and do not infringe the rights of third parties. You assume full responsibility for all User Content you publish and warrant that the User Content and any use thereof does not infringe any patents, copyrights, trademarks, trade secrets of third parties, rights of publicity or presentation of other protected rights.
You grant irrevocable permission to use such content and material for as long as your intellectual property rights are protected. To the extent permitted by applicable law, you waive your right to be identified as the author of such content and to object to disrespectful treatment of such content.
All communications and materials you send to Jose Art Gallery Website, whether by e-mail or otherwise, including data, questions, comments, chats, messages, or suggestions, may be read by site administrators and moderators. They may be modified by Jose Art Gallery or otherwise, used or not used on the Website at Jose Art Gallery’s sole discretion and may be used by Jose Art Gallery or its affiliates for any purpose whatsoever, including, but not limited to, disclosure, publication, reproduction, broadcast and otherwise.
In addition, any ideas, concepts, know-how, or techniques contained in communications you send to the Website may be freely used by Jose Art Gallery for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing of products using such information. If you submit any material or communication to the Website, you agree that it may be used by Jose Art Gallery without compensation for reproduction, publication, transmission, marketing, product design, etc.
Jose Art Gallery may at times monitor or review discussions, posts, publications, comments, etc. on the Website, but shall not be held liable for any content posted or actions taken on the Website by you or any third party. Jose Art Gallery will not be liable in any way for any errors, defamation, libel, omission, lie, obscenity, pornography, profanity, threat or inaccuracy contained in any information published by you or any third party on the Website.
The Users shall be solely liable for any User Content that they publish on the Website and we encourage all Users of the Website to be polite, law abiding and to comply with our Terms and other Website Policies in their communications with other Users.
Jose Art Gallery assumes no responsibility for the availability or accuracy of websites or resources that may be linked to from the Services, the User Content or the Goods Descriptions. Nor does Jose Art Gallery imply any endorsement by Jose Art Gallery of such websites or resources or their content, goods or services. Any and all risks you may be exposed to when using such websites or resources shall rest entirely with you.
10. Use of our Services
We grant you limited, non-exclusive, non-transferable, revocable permission to personally use the Jose Art Gallery Service in accordance with the Terms and subject to the restrictions as follows:
- This permission remains valid until revoked or terminated by you or Jose Art Gallery.
- You are required to comply with all local, national and international laws and the laws of the Republic of Austria, and to be responsible for obtaining all necessary permits and licenses to publish your Goods or User Content. In addition, you shall comply with the applicable laws of the relevant jurisdiction.
- You may not engage in any fraudulent, anti-competitive, or threatening activity or crime against Jose Art Gallery, other Jose Art Gallery Users, or third parties.
- You may not use any computer software tool, including web spiders, bots, indexers, search robots, or any other automated device or program, algorithm, or any similar equivalent process to access, acquire, copy, or monitor any part of the Website or content or to reproduce or circumvent the navigation structure. You shall comply with our Intellectual Property Policy as well as with international copyright laws and you shall not attempt to obtain any material, documents or information that cannot be made available through the Website.
- You shall be solely liable for payment of all fees, taxes and mandatory charges that apply 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. Please refer to the “Seller Policy” for details. Jose Art Gallery shall be responsible for the calculation and collection of said payments only to the extent required by applicable law.
- You shall also adhere to the requirements of our sanctions policy.
11. Restriction and Modification of the Services
Jose Art Gallery may deny access to the Services to any User who fails to comply with these Terms and other Website Policies at any time and without notice. We will generally provide you notice of termination or suspension of your account unless you repeatedly violate our policies or there are legal grounds for not giving such notice.
We reserve the right to change URLs, restrict, modify, or terminate your access to our Services at any time without notice.
While we endeavour to ensure that the Jose Art Gallery Website functions properly to provide you with a quality service, we shall not be liable for any changes to or discontinuance of our Services. Jose Art Gallery Services may experience unforeseen interruptions due to technical problems, upgrades or testing. However, we may change, suspend or discontinue any part of the Services without prior notice.
Nor shall we be liable for any loss resulting from any interruption or disruption to the Internet or other services caused by third parties or other events beyond our control.
12. Rules of Conduct on the Website
You confirm that you do not intend to use Jose Art Gallery Services for any unlawful or otherwise improper purpose. We ask that you carefully read and comply with the Community Rules, which are a part of our Website policies.
13. Communication with Jose Art Gallery
To ensure proper use of the Website, the Mobile Application and our other Services, we may send you important messages on the Website. Such communications may include, but are not limited to, updates to these Terms and other policies on the Website, information about new Services, transaction information, other documents, including legal documents that will be provided to you electronically. Please note that these messages are not advertisements and cannot be disabled.
You agree that all communication with Jose Art Gallery will be by e-mail. You also agree that your consent to documents posted on our Website has the same legal effect as a signed agreement on paper. Clicking a button on the Jose Art Gallery Website will have the same legal effect as signing an agreement on paper, if the text next to the button informs you that you agree to certain terms or policies.
We may use several methods to send e-mail messages: send them to the e-mail address indicated in your Account; post them on our Website or Mobile Application; make them available via the URL provided in an e-mail sent to you.
To receive e-mails you need: a computer or mobile device with internet access; a web browser supporting 128 bit encryption and enabled cookies; a valid e-mail address; sufficient storage space for received e-mails on a hard drive or other media and/or a printer for printing.
In order to receive e-mails you should ensure that your contact details in your Account are correct otherwise we will not be liable if you fail to receive e-mails.
If you wish to unsubscribe from receiving electronic communications from Jose Art Gallery, please contact us at Jose Art Gallery GmbH, Palmersstraße 6/8 2351 Wiener Neudorf, Republik Österreich, and inform us of your wish to receive hard copies of the communications. Please note, however, that in such event your access to our Services, which are only available in electronic format, may be canceled altogether.
14. Copyright Infringement Claims
Jose Art Gallery takes the protection of Users’ intellectual property rights seriously.
If you believe that a copyright infringement has occurred on our Website, (1) please refer to our Intellectual Property Policy, (2) please complete the appropriate Notice of Alleged Copyright Infringement (hereinafter — the “Notice”) form. We will review your submission and contact you.
15. Jose Art Gallery’s Proprietary Rights
This Website and all of its content, including trademarks, trade names, logos, domain names and any other Jose Art Gallery brand elements, 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 Jose Art Gallery brand elements for commercial or non-commercial purposes. You may not copy, reproduce, repost on another website, republish, download, 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 prior written permission from Jose Art Gallery. Any unauthorised use of the contents of this Website may give rise to civil or criminal liability.
16. Jose Art Gallery Shipment of the Goods, Liability and the Role of Jose Art Gallery
16.1. Original Artworks and Handmade Items
Jose Art Gallery enables third party Sellers to sell their Original Artworks and Handmade Items on the Website. Information about the Sellers and their Goods can be found on the Sellers’ profile pages and the individual product pages of the Goods.
Although Jose Art Gallery helps to facilitate transactions and, in most cases, arranges for the Seller to interact with a delivery service to ship the Goods to the Buyer, we are neither the Buyer nor the Seller of the Original Artworks and Handmade Items. The Seller shall be entirely liable for the shipment of the Goods, as well as for the handling of the Buyer’s claims, while the delivery service shall be liable for the delivery of the Goods. It is important to note, however, that each order sent from the Seller to the Buyer is monitored by us and is insured, and the cost of insurance is already included in the delivery price.
Jose Art Gallery offers the opportunity for negotiation and conclusion of transactions between the Sellers and the Buyers, but the agreement shall be entered into between them only.
When selling this group of the Goods on the Website, Jose Art Gallery shall not be a party to the transaction and not be liable for it, nor be the Seller’s agent. Any complaints concerning the Goods purchased shall be addressed directly to the Seller. The Buyer shall indemnify Jose Art Gallery from any claims in connection with the Goods purchased on our marketplace.
Jose Art Gallery will accompany the delivery of the order from the Seller to the Buyer and our customer service team will be happy to answer any questions.
16.2. Prints and Souvenirs
Jose Art Gallery guarantees the quality production and timely shipment of the Prints, the Souvenirs manufactured at our printing house under license from the rights holder and shall be held liable for such products. Each order sent to the Buyer is insured and the cost of insurance is already included in the cost of delivery. Responsibility for the delivery of such goods rests with the delivery service, but we always monitor the delivery process carefully.
When choosing a location for items manufactured at our printing shop, please remember to avoid direct sunlight, exposure to excessive humidity and avoid locations near heaters so that the Goods will retain their high quality, remain durable and beautiful.
16.3 Digital Goods
When purchasing the Digital Goods from Jose Art Gallery, upon successful payment, the Buyer can download the digital files directly from the Website. To do so, the Buyer has to go to their order page and download the file.
In addition, following the payment, the Buyer will also receive a letter to the e-mail address specified when registering, containing a link to the page with the files for downloading.
Please note that the Digital Goods are non-refundable. Therefore, we kindly advise you to carefully read the descriptions and images of the Digital Goods provided before purchase.
Should the Buyer have any difficulty in downloading or opening the files, they can contact our customer service team with their order number. We will be happy to help solve the problem.
17. Disputes with other Users
If you face a dispute with other Users or with a third party on the Website about the use of Jose Art Gallery Services, our recommendation is to contact them directly and try to settle the dispute amicably.
Where the Buyer and the Seller are unable to settle a dispute relating to a purchase or sale on our platform on their own, Jose Art Gallery is available to assist you in the conflict resolution process. We will endeavour to help you settle disputes in good faith, subject to our Terms and Policies and our discretion. However, we do not make legal rulings on disputes and are under no obligation to settle them.
18. Disputes with Jose Art Gallery
18.1. Applicable Law and Jurisdiction
Any disputes arising from or in connection with this Website will be settled under the laws of the Republic of Austria.
In order to expedite the resolution and control the costs of any disputes or claims (each separately a “Dispute” and jointly the “Disputes”) relating to these Terms, the Parties (separately, a “Party” and jointly the “Parties”) agree to discuss any Disputes (other than the Disputes expressly referred to below) informally within 10 (ten) business days prior to arbitration. Such informal discussions shall commence upon written notice by one Party to the other Party.
Any dispute arising out of or in connection with this agreement, including any question of its existence, validity or termination, shall be referred to and finally settled by the Vienna International Arbitral Centre (VIAC) in accordance with the laws of the Republic of Austria. The number of arbitrators shall be one. The seat of arbitration shall be Vienna. The language of the proceedings shall be English.
The Parties agree that any arbitration shall be limited to a dispute between the Parties separately. To the fullest extent permitted by law, (a) no arbitration shall be combined with any other proceeding; (b) there shall be no right or authority for any dispute to be submitted as a class action or to use class action procedures; (c) no right or authority for any dispute to be submitted as representative of the general public or any other persons.
18.2. Online Dispute Resolution Information
Mandatory information regarding the EU Regulation No. 524/2013 of the European Parliament and of the Council.
Please follow this link to the website of the European Commission’s Online Dispute Resolution platform for users: ec.europa.eu/consumers/odr/
19. Liability for Damages
We hope that we will never have to face any legal action against Jose Art Gallery due to your actions. However, if we do, you agree to indemnify us and cooperate with us to ensure that we can defend ourselves effectively.
Jose Art Gallery reserves the right to seek legal remedies as it sees fit, even if the user is indemnified.
20. Force Majeure
Neither Jose Art Gallery nor its employees or directors shall be liable for any delay, failure or termination of performance under these Terms if caused by force majeure or events beyond Jose Art Gallery’s control, including, but not limited to, fire, flood, earthquake, storm, war, terrorist action, strikes, government intervention, and failure of transportation or power supply.
21. Warranty and Limitation of Liability
JOSE ART GALLERY DOES NOT WARRANT THAT (1) THIS WEB SITE OR ANY CONTENT, SERVICES, OR FUNCTIONS THEREOF WILL OPERATE IN UNINTERRUPTED OR ERROR-FREE WAY, (2) STAY ACCESSIBLE AT ANY PARTICULAR TIME OR LOCATION, (3) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, (4) ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEB SITE WILL HAVE SPECIFIC DELIVERABLES.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE 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, REVENUE, OR INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING FROM THE SERVICES PROVIDED OR THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER THESE TERMS, JOSE ART GALLERY’S LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED $100.00 OR THE AMOUNT PAID WITHIN THE LAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.