General Terms and Conditions Gallerease B.V.
Last updated: Nov 27, 2017
Article 1 – Definitions
- General terms and conditions: as stated.
- Reflection period: the amount of time in which the Customer is allowed to exercise their Revocation rights.
- User: every visitor to the Environment.
- Revocation rights: the Customer is entitled to withdraw from the Purchase agreement. The Revocation right only applies to sales made directly through Gallerease. This right does not apply to sales that do not involve Gallerease.
- Customer: a User of the Environment that proceeds to purchase a Product via the Platform.
- Purchase agreement: the agreement made between a Vendor and a Customer when the Customer Purchases a Product from the Vendor through the Platform.
- Gallerease i.e. Environment: Gallerease.com, Gallerease.nl, Gallerease.be, Gallerease.fr, Gallerease.de, Gallerease.co.uk, Gallerease.es, Gallerease.org, Gallerease.eu, Gallerease.net, Gallerea.se, Gallerease.co and the mobile application (app) Gallerease.
- Platform: the segment of the Environment on which third parties may offer Products to Users.
- Product(s): the artworks that are put up for sale by Vendors through the Platform.
- Vendor(s): a third party, be it a legal person or corporation, that offers Products to Customers through the Platform.
Article 2 – Relevance/Applicability
- These terms apply to the ordering, selling, and purchasing of Products by Vendors through the Platform. The terms and conditions can be consulted within the Environment.
- Every User, every Customer and every Vendor accepts the applicability of the Terms and Conditions.
- Deviation from what is stated in these Terms and Conditions may only be done in writing, in which case all other statements remain completely applicable.
- These Terms and Conditions are applicable to Customers that can be regarded as consumers, as well as Customers that can be regarded as corporate customers.
- All rights and liabilities, as stated in these Terms and Conditions and in possible future agreements set up by Gallerease, are also conditional to intermediaries and third parties invited by Gallerease, explicitly including the Vendor(s).
- Gallerease has the right to amend these Terms and Conditions from time to time. The modified terms will be active as soon as they have been published on the Environment, alongside a notification informing Users of the changes that have been made. Users and Vendors will also be notified of changes through the App, accompanied by our request to accept the modified Terms and Conditions before they continue using our App. If a User orders a Product as placed by a Vendor afterwards, they automatically accept the applicability of the modified Terms and Conditions. The same applies to Vendors when they place a Product on the Platform. Therefore it is advisable to consult these Terms and Conditions before ordering a Product or putting a Product up for sale on the Platform.
Article 3 – Customer account
- The Customer should meet the following requirements:
- The Customer has an account with Gallerease;
- The Customer had a minimum age of 18;
- The Customer is available for contact through e-mail;
- Gallerease is authorized at all times to not process specific orders by Vendors, or to demand certain conditions to such orders.
- The Customer is responsible for the use of their own password and username. Gallerease advises the customer to create a unique password and to keep this password strictly secret.
- The Customer is not legally authorized to allow other parties to use their account.
- The Customer clarifies to act according to these Terms and Conditions and all other applicable laws and regulations.
- The Customer is responsible for the accuracy of the information in their own account.
Article 4 – Vendor account
- The Vendor guarantees to act according to these Terms and Conditions and all other applicable laws and regulations.
- The Vendor is responsible for the accuracy of the information in their own account.
Article 5 – Third party supply
- The Customer acknowledges that the purchase-agreement is realized only between the Customer and the Vendor and that Gallerease does not and will not take part in this agreement. The purchase-agreement becomes active once the Vendor has accepted the order.
- Questions/or complaints about the Products purchased by a Customer from the Vendor should always be directed towards the respective Vendor. The Customer acknowledges that he or she may in no case make a claim to Gallerease and that Gallerease holds no responsibilities whatsoever to the User, the Customer, the Vendor or any other persons, regardless of whether the Environment or the Platform is or is not functioning correctly or the purchased Product does or does not fail to meet the expected standards, including damages, deviations from the image(s) displayed on the Platform, complete or partial falsity, deviations in colour fastness, incorrect or inaccurate descriptions on the Platform or in texts by the Vendors, etc.
Article 6 – Orders and delivery
- A Customer can place an order on the Platform for a Product that is offered by the Vendor. A Customer can also place an order by contacting the Vendor directly. In that case the order is not placed through the Platform.
- The Product is delivered after the full payment has been received by the Vendor.
Article 7 – Reimbursement and payments
- The Customer owes the full price of the Product, purchased through the Platform from the Vendor, to the Vendor. Gallerease uses the services of Adyen, an external payment service, to process transactions. Payments for purchased made through the platform take place outside of the Environment.
- Gallerease does not have acces to the transaction or the information regarding the payment that is exchanged between the Customer and the payment service or between the Customer and the Vendor.
Article 8 – Withdrawal policy
1. The Customer has the right to withdraw from a Purchase-agreement during the Reflection period of at least 14 days without stating the reason why. The Vendor is entitled to ask the Customer why he or she has decided to withdraw from the agreement, but not to oblige them to state the reason why.
2. The Reflection period mentioned in Article 1 goes into effect the day after the Customer, or a third party previously designated by the Customer, excluding the shipping-agent, had received the Product, or:
1. if the Customer has ordered multiple Products by the Vendor: the day on which the Customer, or a third party previously designated by Customer, has received the last Product from the Vendor.
2. if the delivery of a Product entails multiple shipments or parts coming from the Vendor: the day on which the Customer, or a designated third party, has received the last shipment or the last part from the respective Vendor.
3. In case the Vendor fails to provide the Customer with the legally obliged information regarding the Revocation rights or an example-form, the Reflection period ends 12 (twelve) months after the original, as according to the previous clause of this article, Reflection period as stated.
4. In case the Vendor has provided the Customer with the information as mentioned in the previous clause within 12 (twelve) months after the effective date, the Reflection period ends 14 (fourteen) days after the day on which the Customer has received the information.
5. Gallerease is not involved with the provision of information regarding the Revocation rights or the example-form to the Customer.
Article 9 – Customer obligations during the Period of Reflection
1. During the Period of Reflection the Customer should handle the Product and packaging with great care. He should only unpack or use the Product in order to establish the nature, the characteristics and the workings of the Product. Point of departure should be that the Customer may only handle and inspect the Product in the same manner as they would be allowed to do in a shop.
2. The Customer can only be held responsible for the depreciation of the Product following a manner of handling that exceeds what has been established in clause 1.
3. The Customer is not responsible for the depreciation of the Product if the Vendor has not provided the legally obliged information considering the Revocation rights before or during the making of the Purchase-agreement.
Article 10 – Exercising the Customer’s Revocation rights and the costs involved
1. Should the Customer exercise their Revocation rights, he or she must notify the Vendor within the Period of Reflection through the example-form or in another unambiguous way.
2. As soon as possible, but within 14 (fourteen) days as of the day as stated in clause 1, the Customer will send the Product back to the Vendor, or hand over the Product to (a party authorized by) the Vendor. This is not necessary if the Vendor has offered to pick up the Product themselves. Either way, the Customer will have considered the period of time it will take to return the Product if he or she sends it back within the Period of reflection.
3. The Customer sends the Product back, including all the additional attachments, if reasonable, in their original state and packaging, according to the reasonable and clear instructions given by the Vendor.
4. The risk and the burden of proof for the just and timely exercise of the Revocation rights lie with the Customer.
5. The Customer carries the direct costs for returning the Product. If the Vendor has not specified that the Customer has to carry these costs or if the Vendor declares to carry the costs himself then the Customer does not have to carry the return costs.
6. If the Customer exercises their Revocation rights, all additional agreements will be legally unbound.
Article 11 – Vendor Obligations in case of a Revocation
1. If the Vendor allows the Customer to notify them of the decision to exercise their Revocation rights electronically, a confirmation will be sent immediately upon receiving this notification.
2. A refund is always done directly from the Vendor to the Customer.
Article 12 – Information and user data
1. The Customer will check their e-mail on a regular basis to keep up to date on the information sent to the Customer by Gallerease and/or the Vendor.
2. Gallerease is not liable for any failure to receive information or to receive information on time as well as apparent errors, regardless of who this information was derived from or who it was intended for.
Article 13 – Warranties/Guarantees
1. Gallerease cannot guarantee that the services or the Products will always live up to the expectations of the Customer. Gallerease can also not guarantee that the Environment will always function without errors and/or that a continuous and/or safe access to the Environment or parts of the environment can be obtained.
2. All of the information and numbers (including prices) within the Environment are subject to reservation of spelling- or typing errors.
Article 14 – Liability
1. Gallerease is not liable for, in as far as this is legally responsible, any damages endured by the Customer through:
1. using the services provided by Gallerease;
2. not being able to access or to safely access the whole Enivornment or certain parts of the Environment;
3. incorrect or insufficient information placed within the Environment;
4. the use of services by third parties or the use of purchased Products through the Platform; or
5. alterations made to the services provided by Gallerease or alterations made to the Environment.
In case Gallerease should, for whatever reason, be held liable, then this liability is limited to a) a complete reimbursement of the payment made to Gallerease by the Customer during the 6 months preceding the reason for which Gallerease is being held liable, or (b) EUR 1000, depending on ?
Article 15 – Intellectual Property rights
1. Gallerease has the non-exclusive, non-transferable right to use the Vendor’s logo and wordmark as well as the texts, pictures, videos and other images of Products and Vendors within the Environment for communications and advertisements in all media on behalf of the Platform.
2. All (intellectual property) rights concerning the Environment, the design, the content and all Gallerease brands and logos are and will remain property of Gallerease. The User or Vendor is under no circumstances allowed to use these without first obtaining permission in writing from Gallerease. The User and Vendor should always respect the intellectual property rights and all other rights of an exclusive nature belonging to Gallerease and to third parties. For complaints regarding the intellectual property rights and other rights, one should refer to the Gallerease Copyright Policy.
Article 16 – Miscellaneous
1. Gallerease is authorized to restrict, deny or to withdraw certain privileges, to freeze an account or to restrict or deny the possibility to order Products from Vendors through the Platform, depending on the Customer’s credit history; at Gallerease’s sole discretion.
2. Gallerease is, at all times, authorized to make the functionalities that benefit the supply provided to Vendors in the Environment unavailable.
3. The agreement between Gallerease and the Vendor will be automatically extended for the same period if not explicitly cancelled per (digitally) written request by the Vendor.
4. Should Gallerease silently allow derogations from the General terms and conditions for short or longer periods of time, it leaves her right to demand direct and strict fulfilment of the General terms and conditions unaffected. The Customer or Vendor may never assert their rights on account of the fact that Gallerease has at any point in time loosely applied the General terms and conditions.
4. In case one or more of the provisions in these General terms and conditions or the policy guidelines conflict with any other applicable legal act or provision, the provision concerned will be cancelled out and replaced with another legally acceptable provision as determined by Gallerease, as closely in line with the respective provision as possible.
Article 17 – Applicable law
These General terms and conditions, the selling and purchasing of Products by Vendors and Customers through the Environment and the Purchasing agreement between the Customer and the Vendor are governed exclusively by Dutch law. All disputes between parties will be presented to the competent (or for disputes between Gallerease and Venoders: the declared competent) court.
Last updated: Nov 27, 2017
Are you eighteen years or younger?
If you are eighteen years or younger, you cannot make use of our App and Websites.
Which personal data do we process?
Before you can use our App or our Websites, we will ask you to create an account. In this respect, you will have to provide us with your username and email address, which data we will process.
After creating an account, you are able to purchase works of art after you provide us with contact information. You must provide us with your first and last name, address, place of residence, date of birth, zip code, email address, phone number and payment details. We will process this data.
In addition we will process your IP address, browser language and – if you have given us explicit permission – your geolocation.
In addition we may also process non-personal data whenever you interact with our Websites. This data may include your browser name, your computer type and technical information about your means to connect to our Websites (such as the operating system and the utilized internet service providers).
How do we use your personal data?
We use the personal data you have provided us with for the purposes described below.
- We use your username and your email address, or Facebook account information, to verify your identity to access your account.
- We use your input regarding your first and last name, address, place of residence, zip code, email address, phone number and payment details for billing and remittance, to fulfill your orders and send you information regarding such orders and sales. If we have trouble processing an order, we will also use this information to contact you. If you purchase a work of art, we will share your first and last name, postal address and email address with the seller, to enable him to ship the work directly to you.
- We will also use your first and last name, your date of birth and place of residence to complete your account. This personal data will be publicly viewable via the Websites and App.
- We use your email address to keep you informed on campaigns and (special) offers that might be interesting for you by email. You can unsubscribe from these services at any time.
- We use the data about your browser language in order to address you in a language you speak, and your IP address and geolocation helps us to determine which campaigns and (special) offers might be interesting for you.
Who do we share your personal data with?
Gallerease does not sell, trade, or rent personal data to third parties.
Generic aggregated (non-personal) data
We may combine your personal data with non-personal data and aggregate it with information collected from other users. We may share generic aggregated data with our business partners, trusted affiliates, advertisers and other third parties for industry analysis, demographic profiling and other purposes. In such case the data will be fully anonymized: they will not contain your personal data.
If you participate in the Gallerease forums via the Websites and App, the content of your posts in such forums will be publicly available, together with your profile picture, your name and a link to your profile.
How do we protect your personal data?
We work hard to protect your personal data from unauthorized or unlawful access, alteration, disclosure, use or destruction of your personal data. We encrypt our services using SSL, the data is only accessible through a secret password and our employees only have access to your data on a need-to-know basis.
We may use “cookies” to enhance your experience when you use our Websites. A cookie is a small text file, containing a string of characters that can be placed on your device when you visit a website. This text file uniquely identifies your browser or device. When you visit our Websites again, the cookie allows our Websites to recognize your browser or device. You can change your cookie settings in your browser, if you don’t want cookies to be sent to your device. Please note that some Website features or services of our Websites may not function properly without cookies.
We use the following types of cookies on our Websites:
Technical cookies: these are cookies that are essential for the operation of our Websites, they enable you to move around our Websites and use our features.
Analytical/statistical cookies: we use these cookies to track visitor statistics. We use these statistics to continuously improve the Websites and mailings, and thus offer you relevant content. These cookies also allow us to recognize and count the number of visitors and to see how visitors navigate when they’re using our Websites. This helps us to improve user navigation and ensure users to find what they need more easily.
Tracking cookies: these cookies monitor clicking behaviour and surfing habits. By means of these cookies we can see whether and when you view your profile, and whether you click through to our Websites.
Third party websites
You may find advertising or other content on our Websites that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our Websites. In addition these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interacting on any other website, including websites that are linked to our Websites, are subject to the terms and policies of that website.
Your rights and who to contact
You have the right to tell us if you:
- don't want to be contacted in the future by us;
- would like a copy of the personal information which we have processed about you;
- would like us to correct, update or delete your personal information in our records;
- wish to report any misuse of your personal information.
If you have any questions, comments or concerns about how we handle your personal data, please contact us at firstname.lastname@example.org
Please note that you can also view, edit or delete your personal data by logging into your personal account.
Copyright policy Gallerease
Last updated: Nov 27, 2017
Complaints regarding content posted on the Gallerease website
Gallerease respects the intellectual property rights of others. We require that information posted by users or sellers is accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Gallerease provides a process for submission of complaints concerning content posted by users or sellers.
It is our policy to disable and/or terminate accounts of users or sellers that (repeatedly) infringe the rights of others or otherwise post unlawful content. Gallerease will forward written complaints to the user or seller who allegedly posted infringing content (though we may remove personal contact information where appropriate). Upon receipt of a notice as described below, Gallerease will take whatever action it deems appropriate at its sole discretion, including removal of the challenged material from her websites.
Please note that any complaint or counter-complaint you submit must be truthful. A false complaint or counter-complaint may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Complaints regarding copyright infringement
Notice of copyright infringement:
To file a complaint concerning copyright infringements, you must follow the procedure below. If you believe that your copyright has been infringed, we invite you to send us a written notice, which contains:
- A description of the copyrighted work in question;
- The location on our website of the material that you claim to be infringing;
- Your email address, your mailing address and your telephone number;
- Your full legal name and electronic or physical signature;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its authorized representative, or the law;
- A statement by you, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf or authorized to act under any exclusive right under copyright.
Please email your notice, with all items completed, to Gallerease’s Designated Copyright Agent at email@example.com.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice. You may provide a written notice, which contains:
- An identification of the material removed or to which access has been disabled;
- Your full legal name and electronic or physical signature;
- A statement that you have a good faith belief that removal or disablement of the material was a mistake, or that the material was misidentified;
- Your email address, your mailing address and your telephone number;
- A statement by you that you consent with the possible settlement of the dispute by the competent court.
Please email your counter-notice, with all items completed, to Gallerease’s Designated Copyright Agent at firstname.lastname@example.org.