1. Introduction
These Terms and Conditions govern the contractual relationship between you, a collector or purchaser of artworks on the FINEART platform, and the operator of the FINEART website (“FINEART”, “we”, “us”, or “our”). By creating an account, placing an order, or otherwise using the FINEART platform to purchase artworks, you agree to be bound by these Terms and Conditions.
2. Definitions
- Artwork – a physical print or framed print, or other tangible item offered for sale on the FINEART website.
- Collector or you – any natural person or legal entity that purchases or intends to purchase an Artwork via the FINEART website.
- Seller – the FINEART.gallery platform.
- Order – a confirmed purchase instruction for an Artwork submitted via the FINEART checkout process.
3. Applicability
These Terms apply exclusively to collectors. Separate terms and agreements apply to artists, vendors, and other third parties who publish or sell via FINEART.
4. Account Registration and Security
You may be required to register an account to place Orders. You agree to provide accurate and complete information when registering and to keep your account credentials secure. You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.
5. Ordering and Contract Formation
All Orders placed through the FINEART website constitute an offer by you to purchase the selected Artwork. An Order is accepted and a binding contract between you and the Seller is formed only when FINEART issues an Order confirmation email. Until issuance of the confirmation email, we reserve the right to decline or cancel an Order.
6. Prices, Taxes and Payment
All prices displayed on the platform are shown in the currency indicated and exclude shipping costs unless explicitly stated. Applicable taxes and duties will be added at checkout where required by law.
Please note that for deliveries outside the European Union, import duties, customs charges, and other local taxes are not included in the price shown at checkout. These costs, if applicable, are the sole responsibility of the buyer and must be paid directly to the relevant customs authority or shipping provider upon delivery.
Refusing delivery on the grounds of unwillingness to pay import duties or customs charges does not entitle the buyer to a refund. Any such refusal will be considered a breach of these Terms and Conditions, and the Order will be deemed fulfilled.
Payment is due at the time of purchase. We accept the payment methods displayed at checkout. By providing payment information you represent and warrant that you are authorized to use the payment method you supply.
7. Production, Shipping and Delivery
Many Artworks sold on FINEART are made to order. Production lead times and shipping estimates are provided on the product page or at checkout. Estimated dates are indicative only. Title and risk of loss for the Artwork pass to you in accordance with the shipping terms presented at checkout.
8. Right of Withdrawal and Returns
If you are a consumer residing in the European Union, you generally benefit from the statutory right to withdraw from a distance contract within fourteen (14) calendar days without giving any reason, starting from the date on which you or a third party indicated by you acquires physical possession of the goods. This statutory right is subject to the rules and exceptions provided by applicable consumer protection law.
Important exception for custom or personalized Artworks:
The right of withdrawal does not apply to goods that are made to the consumer’s specifications or are clearly personalized. Consequently, for made-to-order prints, limited editions produced on demand, or artworks produced to your specifications, the statutory 14 day withdrawal right may not apply. Where a right of withdrawal does not apply, we will state this clearly on the product page.
9. Refunds and Non-Conformity
If you validly exercise your right of withdrawal, we will refund payments received from you, including the costs of delivery, without undue delay and no later than fourteen (14) days from the day on which we are informed of your decision to withdraw, subject to receiving the returned goods. If a delivered Artwork is damaged, defective, or not as described, you must notify us and the Seller as soon as reasonably practicable. We will assist you in obtaining repair, replacement, refund or other remedy in accordance with applicable law.
10. Intellectual Property
All intellectual property rights in and to Artworks remain with the Seller or third party rights holders as indicated in the product listing. Your purchase of a physical Artwork does not transfer any copyright or reproduction rights unless expressly stated in writing. You agree not to reproduce, distribute, publicly display, or exploit Artworks beyond normal private use unless you obtain the appropriate license from the rights holder.
11. Complaints and Takedown Procedure
If you believe that an Artwork infringes your intellectual property rights or is otherwise unlawful, please contact our support team immediately using the contact details below and provide full details of the complaint. We will follow our internal procedures to review and, where appropriate, act upon any credible notice of infringement or unlawful content.
12. Limitation of Liability
To the extent permitted by applicable law, FINEART’s aggregate liability for direct loss arising out of or related to these Terms will be limited to the amount actually paid by you for the specific Order that gives rise to the claim. FINEART will not be liable for indirect, incidental, special, punitive, or consequential losses, including lost profits, lost data, loss of goodwill or business interruption. Nothing in these Terms limits liability for death or personal injury caused by our negligence or for any other liability which cannot be excluded or limited by law.
13. Data Protection and Privacy
We process your personal data in accordance with our Privacy Policy. If you are located in the European Union, GDPR and related data protection law govern your personal data rights, including rights of access, rectification, erasure, restriction of processing, objection, and portability. We are the data controller for the personal data collected through your use of the FINEART website and we will provide the information required by law at the time we collect personal data. For further information please consult our Privacy Policy and our Data Protection Notice.
14. Mandatory Consumer Information and Legal Notice
Where required by applicable law, we maintain a publicly accessible legal notice page containing company identification details, contact information, registration numbers and information regarding the site host. Customers in France should refer to our legal notice or “mentions legales” page for the specific disclosures required under French law.
15. Governing Law and Jurisdiction
These Terms are governed by the laws specified in the legal notice on our website. If you are a consumer, nothing in this clause affects mandatory protections afforded to you by the law of the country in which you have your habitual residence. Unless you are a consumer acting outside of commercial or professional activity, disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts indicated in our legal notice.
16. Changes to These Terms
We may revise these Terms periodically. Material changes will be notified to you by email or via our website at least thirty (30) days before the change takes effect, unless immediate change is required by law. Continued use of the service after the effective date of the updated Terms constitutes your acceptance of the changes.
17. Contact
For questions about Orders, returns, complaints, or these Terms, please contact FINEART customer support at:
- Email: support@fineart.gallery
- Postal and corporate contact details: see our legal notice page.
18. Severability
If any provision of these Terms is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and Conditions are provided for the convenience of collectors on the FINEART platform. They do not constitute legal advice. You may seek independent legal advice tailored to your jurisdiction and circumstances.
