Welcome to Gallery B, a platform for artists (the “Sellers”) to showcase and sell their artworks (the “Artworks”) to users of the site (potential “Buyers”). Gallery B acts as an agent on behalf of the Sellers, and operates on a commission basis, charging a percentage of the sale price for each Artwork sold. These terms and conditions (the “Terms”) govern your use of our website, located at https://www.gallery-b.art or https://www.gallery-b.com (the “Site”), and the services offered on the Site (the “Services”) and defines the rights and obligations of the all parties in this transaction. By accessing or using the Site or the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or the Services.

Any terms and conditions of sale which may be laid down by the Seller in each of its offers, the legal provisions and contractual liability shall apply to the sale contract executed between the Buyer and the Seller.

1. Order

The Seller offers the Artworks for sale on the Site. Each proposed Artwork is accompanied by a short description and specifications (dimensions, weight, etc.) to assist the Buyer in ensuring the Artwork will suit their requirements. If more information about the Artwork is required, potential Buyers may contact Gallery B using the contact form within the Site. The Buyer should ensure the Artwork fits their requirements before attempting to place the order.

Artworks may be sold by the Seller by other means outside of the Site. Therefore, the Buyer’s account will be debited a 10% refundable deposit to hold the Artworks  and will not be debited the full amount until the validation of the purchase offer, carried out within 48 hours from the order, by Gallery B in order to ensure the availability of the Artwork by the Seller.

After confirmation of the Artworks availability, Gallery B will send a detailed purchase order to the Buyer. Before confirming the order, the Buyer must review the information contained in the purchase order summary, and has the possibility of correcting any errors, as well as agreeing on the delivery costs.

In the event the Artwork is not available, an email informing the Buyer will be sent within 48 hours from the time of the order, resulting in the cancellation of the order and a refund of the deposit.

2. Payment

The Buyer will provide payment to Gallery B through a third-party payment processor. Gallery B will process the payment and deduct its commission before remitting the remaining amount to the artist.

3. Commission

Gallery B charges a commission on each Artwork sold. The commission percentage is agreed upon between the Seller and Gallery B prior to the sale.

4. Shipping

The Seller and Buyer are responsible for all shipping costs. The recommended delivery method and the related costs will be indicated in the provided purchase order. The delivery and packaging costs depend on the nature of the Artwork, its dimensions, its weight and the place of delivery. If the Buyer does not agree to the cost of the recommended shipping method, the Seller and Buyer can discuss alternate shipping methods. Gallery B will not be liable for any damage that occurs during shipping.

Artworks are delivered to the address indicated in the purchase order, during working hours and in accordance with the terms and conditions laid down by the carrier determined at the time of the order. The Buyer must acknowledge the terms and conditions of delivery of the selected carrier.

The obligations relating to the delivery of the Artwork, i.e. compliance with the estimated delivery date, the quality of the packaging and labeling of the Artwork, as well as compliance with the fit for purpose obligation, are the sole responsibility of the Seller. Gallery B cannot be held liable in any way in the event of the Seller’s failure to comply with these obligations.

The Buyer is obliged, upon reception of the order, to check the condition of the Artwork and to express any reserve in writing and without delay, at the latest within 48 hours as from the reception, to Gallery B, which will pass the concerns on to the Seller. If needed, Gallery B will act as a mediator to ensure an appropriate resolution.

5. Refunds 

Gallery B is dedicated to providing our Buyers with accurate descriptions and visuals of the Artwork featured on our site. However, if Buyers are displeased with their acquisition they can contact us using the sites contact form. 

Gallery B’s refund and returns policy lasts for 10 days from date of delivery. If the 10 days have passed from the time the Buyer received their purchase, Gallery B can’t offer a refund.

If Artwork arrives damaged, it is the Buyer’s responsibility to document all damage to the packaging and Artwork and ensure Gallery B and/or the Seller is notified within 48 hours of delivery.

To be eligible for a return, Artworks must be in the same condition that the Buyer received it. It must also be returned in it’s original packaging or similar to what the Artwork was delivered.

Once the return is received and inspected, the Buyer with be notified that Gallery B has received the returned Artwork. Gallery B will also notify the Buyer of the approval or rejection of the refund.

Original shipping costs paid by the Buyer are non-refundable. If these original shipping costs were paid by the Seller or Gallery B, the Buyer will be responsible for paying these shipping costs. Any return shipping costs pasted on to Gallery B or the Seller will also be the Buyer’s responsibility. The shipping costs deemed to be the Buyer’s responsibility will be deducted from the final refund amount. 

If approved, a refund will be processed and a credit will automatically be applied to the Buyer’s original method of payment.

6. Returns

Since Gallery B works with many Sellers, Buyers should contact Gallery B for the correct return delivery address.

All returns require a trackable shipping service and purchasing of shipping insurance. Neither Gallery B nor the Seller can guarantee that we will receive returned Artwork.

Any return shipping costs pasted on to Gallery B or the Seller will also be deducted from the refund.

7. Cancellations

Orders can be cancelled by the Buyer if requested before the Artwork has shipped. After this time, Artworks can be returned unopened at the Buyers expense and follows the return guidelines stated above.

8. Mediation

Gallery B acts as an intermediary between the Seller and the Buyer, and we are not responsible for any disputes that may arise between the Seller and the Buyer. Gallery B may offer to assist in these disputes but is in no way obligated.

Any complaints by either party must be made written request to Gallery B, who will then pass said complaint on to the other party involved. If a complaint is made against Galley B, for which they are responsible, we will work with the complainant to solve the issue.

In the event of a complaint by the Seller or Buyer, they undertake to seek an amicable solution together before any litigation.

9. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use our website:

• • In any way that violates any applicable federal, state, local, or international law or regulation;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate Gallery B or any other person or entity;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm Gallery B or the users of our website or expose them to liability;
  • To upload or transmit any material that is defamatory, obscene, offensive, or unlawful.

10. User Accounts

To use some of the services offered by Gallery B, you may be required to create a user account. You agree to provide accurate and complete information when creating your account and to update your account information as necessary. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

11. User Content

As a Seller, you may submit content to the Site, including but not limited to artwork, photographs, and comments (collectively, “User Content”). By submitting User Content, you grant the Gallery B a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in all media formats and channels now known or later developed.

You represent and warrant that you have all necessary rights to submit the User Content to the Art Gallery and that the User Content does not violate any law or infringe any third party’s intellectual property rights.

12. Intellectual Property

The Site and the Services, including all text, graphics, images, photographs, videos, illustrations, artwork, software, audio clips, and other materials (collectively, the “Content”) are the property of the Gallery B, the Sellers, or its licensors and are protected by United States and international copyright laws. You may not use, copy, reproduce, modify, or distribute any Content without the express written permission of the Gallery B.

The Seller guarantees that they are the original author of the Artwork presented on the Site, that the Artwork does not infringe any laws, regulations or standards and that it does not violate the rights of third Parties. Seller undertakes to guarantee Gallery B and the Buyer and keep them harmless against any claim filed by a third Party concerning the Artwork. At the time of the sale, the Seller transfers to the Buyer the material support of the Artwork and its rights of representation on the Artwork. However, the Seller retains the moral rights to the Artwork as well as the rights related to its reproduction.

13. Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. GALLERY B DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

IN NO EVENT SHALL THE GALLERY B BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THE PRODUCTS SOLD ON THIS SITE ,EVEN IF THE GALLERY B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Indemnification

You agree to indemnify, defend, and hold Gallery B harmless and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account, including negligent or wrongful conduct by you or any other person accessing the Site or the Services using your account.

16. Termination

Gallery B may terminate these Terms at any time without notice, including without limitation, if you breach any provision of these Terms. Upon termination, you must immediately cease using the Site and the Services.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or in connection with these terms and conditions shall be brought in the state or federal courts located in the state of New Jersey.

18. Amendments

Gallery B reserves the right to amend these terms and conditions at any time without notice. Your continued use of this website after any such changes constitutes your acceptance of the new terms and conditions.

Thank you for using the Gallery B website. If you have any questions or concerns about these terms and conditions, please contact us at info@gallery-b.art.

Effective Date: March 3, 2023.