Clear Terms for Artists, Collectors and Platform Use

1. Scope of These Terms

These Platform Terms apply to all users of the Platform, including artists, galleries, buyers and visitors.

Where applicable, separate Artist Terms and Buyer Terms apply in addition to these Platform Terms. In the event of conflict, the more specific terms prevail for the relevant user group or transaction.

2. Nature of the Platform

ARTMSTRS operates a curated online platform for contemporary art. ARTMSTRS provides presentation, curation, platform infrastructure, marketing support, payment processing and fulfilment coordination where applicable.

Unless explicitly stated otherwise, ARTMSTRS acts as an intermediary/facilitator between Artist and Buyer. The contract of sale for an artwork is concluded between the Artist and the Buyer.

3. Curatorial Position

ARTMSTRS maintains a curated structure. Publication of artists and artworks is subject to internal review, quality standards and presentation requirements.

ARTMSTRS reserves the right to approve or reject applications, decline artworks, remove listings, suspend accounts or modify presentation format in order to preserve the integrity, legal compliance and positioning of the Platform.

4. Platform Availability

ARTMSTRS strives to ensure professional and reliable access to the Platform. However, uninterrupted, error-free or fully secure operation cannot be guaranteed at all times.

ARTMSTRS may suspend, restrict or modify the Platform temporarily for maintenance, security, operational adjustments or strategic improvements.

5. Intellectual Property

All intellectual property rights relating to the Platform, including branding, visual identity, structure, design, text, software elements and proprietary systems, remain the exclusive property of ARTMSTRS or its licensors.

Artists retain copyright and intellectual property rights in their own artworks unless expressly agreed otherwise in writing.

6. Limitation of Liability

To the maximum extent permitted under applicable law, ARTMSTRS is not liable for indirect or consequential damages, loss of profit, loss of opportunity, reputational loss, loss of data, business interruption or expected sales performance.

Where liability arises, it is limited to the amount paid by the relevant user to ARTMSTRS under the applicable agreement during the twelve (12) months preceding the claim, unless mandatory law requires otherwise.

Nothing in these Terms excludes liability where exclusion is not permitted by applicable law.

7. Governing Law & Jurisdiction

These Platform Terms and related agreements are governed by Dutch law.

Any disputes shall be submitted to the competent court in the Netherlands, unless mandatory consumer law provides otherwise.

If a Buyer qualifies as a Consumer under applicable EU legislation, mandatory consumer protection provisions of the Consumer’s country of habitual residence apply in addition to Dutch law where required.

1. Registration & Approval

Artists must provide accurate, truthful and up-to-date information during registration and while using the Platform.

Approval may take place in multiple stages: (1) curatorial application review, (2) accepted-artist intake, (3) membership activation where applicable and (4) individual artwork curation before publication. ARTMSTRS reserves the right to reject applications or individual works based on platform standards, legal concerns or curatorial fit.

2. Pricing

Artists determine their own prices. Prices must be accurate, transparent and not misleading.

ARTMSTRS may provide non-binding pricing guidance or positioning advice in the interest of clarity, consistency and collector confidence.

3. Commission & Subscription

ARTMSTRS charges commission on sold artworks in accordance with the applicable subscription plan. Online payment fees may be included in that commission structure as stated on the Platform or in the applicable agreement.

Accepted artists may activate a monthly or annual membership after curatorial review and accepted-artist intake. The fourteen (14) day trial starts only after acceptance, completion of the private accepted-artist intake and activation of the recommended membership. Applying does not start a trial or create a payment obligation. If the membership is cancelled before the trial ends, the subscription will not continue after the trial period.

Once the trial period has ended and a subscription fee has been charged, subscription fees are non-refundable unless mandatory law requires otherwise or ARTMSTRS expressly agrees otherwise in writing.

4. Orders, Fulfilment & Delivery

When a Buyer places an order, payment is processed through ARTMSTRS and fulfilment is coordinated according to the nature of the work.

For original artworks: the Artist is responsible for accurate description, conformity and secure packaging in accordance with ARTMSTRS guidelines. ARTMSTRS may coordinate insured shipping through a professional carrier and provide track & trace where available.

For limited editions and prints produced upon sale: ARTMSTRS may manage production through designated professional print partners and may coordinate packaging, certification and insured fulfilment where applicable.

Risk allocation and transfer are governed by applicable consumer law and the specific transaction structure used on the Platform.

5. Shipping Insurance

Where ARTMSTRS arranges shipping, shipments may be insured for the applicable sales value subject to the terms, exclusions and limitations of the relevant carrier and insurer.

ARTMSTRS may assist in the handling of transport claims, but is not liable for any amount exceeding compensation actually paid by the carrier or insurer, except where liability cannot be excluded under mandatory law.

If damage arises from insufficient packaging by the Artist, ARTMSTRS may recover resulting costs from the Artist to the extent permitted by law.

6. Withdrawal, Complaints & Payout

Where a Consumer has a legal withdrawal right, payout to the Artist will generally be processed only after confirmed delivery and expiry of the applicable withdrawal period.

Payout may also be temporarily suspended if a complaint, authenticity issue, return, damage claim or non-conformity issue is pending.

ARTMSTRS may retain commission or recover costs where a return or claim results from artist misrepresentation, non-conformity, infringement or breach of these Terms.

7. Copyright & Usage Rights

Artists retain copyright in their artworks.

Artists grant ARTMSTRS a non-exclusive licence to use submitted images and related materials for promotion, platform presentation, marketing, advertising, editorial use and, where applicable, production and fulfilment of sold editions.

8. Prohibited Conduct

Artists may not offer illegal goods, stolen goods, infringing works, misleading listings or works they are not entitled to sell.

Artists may not circumvent the Platform for platform-originated orders by accepting direct payment outside the Platform where such conduct breaches the applicable agreement.

9. Indemnification

Artists indemnify ARTMSTRS against claims, losses, liabilities, costs and reasonable legal expenses arising from infringement of third-party rights, non-delivery, misrepresentation, authenticity disputes, unlawful content or other breach of these Terms.

10. Governing Law

These Artist Terms are governed by Dutch law, subject to mandatory provisions of applicable law where relevant.

1. Purchase Agreement

When a Buyer places an order via the Platform, a binding agreement for the sale of the artwork is concluded between the Buyer and the Artist, unless expressly stated otherwise.

ARTMSTRS facilitates the transaction, processes payment on behalf of the Artist where applicable, and may coordinate fulfilment and communication.

2. Payments

All payments must be completed through the Platform. Payments are processed securely via Stripe or another regulated payment provider designated by ARTMSTRS.

ARTMSTRS does not intentionally store full payment card details.

3. Fulfilment & Shipping

Shipping costs are shown during checkout before payment is completed.

Original artworks: the Artist prepares the work for shipment and ARTMSTRS may coordinate insured transport via a professional carrier.

Prints and limited editions: ARTMSTRS may coordinate production through designated partners and may arrange packaging, certification and insured fulfilment where applicable.

Orders outside the European Union

Original artworks: for delivery outside the European Union, the Buyer is responsible for any applicable import VAT and customs charges.

Prints: prints are produced in the Buyer's country and shipped from within that country.

Track & trace is provided where available. Risk passes to the Buyer only in accordance with applicable consumer law.

4. EU Consumer Rights

If the Buyer qualifies as a Consumer under European Union law, the Consumer generally has the right to withdraw from the Purchase Agreement within fourteen (14) days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the Product, unless a statutory exception applies.

Nothing in these Terms limits or excludes any mandatory rights granted under applicable EU consumer legislation, including Directive 2011/83/EU.

ARTMSTRS follows EU consumer rights strictly. Where ARTMSTRS offers a service that goes beyond the legal minimum, such as free EU return shipping for eligible standard returns, that additional service is subject to the return instructions and conditions stated in these Terms.

5. Returns & Refunds

To exercise the right of withdrawal, the Consumer must notify ARTMSTRS by email within fourteen (14) days after receipt of the Product by sending an unequivocal withdrawal notice to customerservice@artmstrs.com.

After receipt of that notice, ARTMSTRS will provide return instructions, including the applicable return address and any relevant shipping instructions.

The Product must then be returned within fourteen (14) days after the withdrawal notice, unless ARTMSTRS confirms a different return procedure in writing.

As an additional ARTMSTRS trust service, ARTMSTRS offers free standard return shipping within the European Union for eligible standard returns made within the withdrawal period, provided the Buyer follows the return instructions and the artwork is returned safely, complete and undamaged.

For returns from outside the European Union, or where the Buyer does not follow ARTMSTRS return instructions, the Buyer may bear the direct cost of return shipping unless mandatory law provides otherwise or ARTMSTRS confirms otherwise in writing.

Refunds are processed within the legally required period and may be withheld until the returned Product has been received or the Consumer has supplied proof of return, whichever occurs first.

6. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply where a statutory exception applies, including for:

• custom-made or commissioned artworks;
• works clearly personalised for the Buyer;
• prints or other products made to the Buyer’s specifications, including made-to-order prints produced according to selected size, material or finish;
• digital content once performance has begun with the Consumer’s prior express consent and acknowledgment that the withdrawal right is lost.

These exclusions apply only to the extent permitted by applicable law.

7. Damaged, Defective or Incorrect Delivery

Buyers must report visible transport damage, non-conformity or material discrepancies within a reasonable time after discovery and provide clear supporting evidence where requested.

If an artwork arrives damaged, defective, materially incorrect or not in conformity with what was advertised, ARTMSTRS will handle the matter in accordance with applicable consumer rights. Where a return of defective or non-conforming goods is required, return costs are handled in line with mandatory consumer law.

ARTMSTRS may assist in resolving disputes between Buyer and Artist and, where relevant, in handling carrier or insurance claims.

8. Authenticity

Artists guarantee the authenticity of their artworks.

Where applicable, artworks may be signed, numbered and/or accompanied by a certificate of authenticity. For editions produced under ARTMSTRS coordination, certification may be issued in accordance with the applicable edition structure.

9. Governing Law

These Buyer Terms are governed by Dutch law, without prejudice to mandatory consumer protection provisions that apply in the Consumer’s country of habitual residence.

1. Withdrawal Notice

If the Buyer qualifies as a Consumer under EU law, the Buyer may generally withdraw from an eligible purchase within fourteen (14) days after receipt of the Product.

To do so, the Buyer must send an unequivocal withdrawal notice by email within that 14-day period to customerservice@artmstrs.com.

2. Return Instructions

After receiving the withdrawal notice, ARTMSTRS will provide the return instructions, including the applicable return address and any relevant shipping instructions.

The Product must be returned in original condition, with included documentation, certificates and accessories where applicable.

3. Return Timeline

The Product must be returned within fourteen (14) days after the withdrawal notice, unless ARTMSTRS confirms a different procedure in writing.

For eligible standard returns within the European Union, ARTMSTRS offers free standard return shipping as an additional trust service, provided the Buyer follows the return instructions and the artwork is returned safely, complete and undamaged.

For returns from outside the European Union, or where the Buyer does not follow ARTMSTRS return instructions, the Buyer may bear the direct return shipping costs unless mandatory law provides otherwise or ARTMSTRS confirms otherwise in writing.

4. Excluded Products

Withdrawal does not apply to commissioned works, custom-made works, clearly personalised works, made-to-order prints produced to the Buyer’s selected specifications, or digital content once performance has begun with the required prior consent, to the extent permitted by law.

Standard listed artworks and standard listed editions remain covered by the applicable withdrawal rules where no statutory exception applies.

5. Refund Processing

Refunds are processed in accordance with applicable law and may be withheld until the returned Product has been received or the Consumer has supplied proof of return, whichever occurs first.