Effective Date: 22nd of June 2025 

Welcome to Arousart! We’re delighted to have you here.

Arousart provides access through www.arousart.tech (the “platform”) to a marketplace for artists (hereinafter “sellers”). Once registered, sellers can build an online portfolio to showcase and sell their art (hereinafter “artwork(s)”) to our vibrant community of clients (hereinafter “client(s)”).

Arousart offers services (hereinafter “services”, which allow you to view, sell, and purchase artworks as well as to commercially use digital images of art. You can enjoy our services through the platform. Any software, tools, features, applications, or other functionality we provide are part of our services.

Please take a few moments to review these Terms and Conditions (“T&C”), which outline how you may use our services on the Platform and our Privacy Policy (available at https://arousart.tech/privacy-policy/). 

These documents govern your access to and use of our services, and a binding legal agreement between you and Arousart.

Eligibility 18+

Our services are designed exclusively for individuals who are 18 years or older. If you’re under 18, we’re sorry, but you won’t be able to access or use our services. Before using our services, you confirm that you meet this age requirement.

Agreement to Terms

By accessing or using Arousart you confirm that you have read, understood our terms, and agree to be bound by them, regardless of whether you’ve registered with us. If you don’t agree with these Terms and our Privacy Policy, you won’t be able to access or use our services. 

If you’re accepting these Terms on behalf of a company or another legal entity, you confirm that you have the authority to bind that entity to these Terms. In that case, “you” and “your” refer to that company or legal entity.

Our Terms and Conditions set clear guidelines for using Arousart, structured into three parts:

• Terms of Use: rules for artists and clients on accessing, uploading, and viewing artworks, including guidelines for adult (18+) content.
• Commercial Terms: how artists can showcase and sell artworks, and how clients can purchase art, manage payments, and use platform features.
• General Legal Terms: responsibilities of Arousart, artists, and clients, and dispute resolution procedures.

Arousart may update these Terms and Conditions as needed. The current version is available on our platform. Continued use after updates confirms your acceptance.

Part 1. Terms of Use

Our Terms are designed to set out the guidelines for using the Arousart platform. This section covers how artists (sellers) and clients may access, showcase, and engage with the content on Arousart, including guidelines for uploading and viewing adult (18+) artworks, age verification, content moderation, and intellectual property rights.

1.1. Our Services

On our platform, you, as a seller, can:

• Create and manage an online portfolio to display your artworks.
• Set your own prices and manage offers from interested clients.
• Organize the delivery process and after-sales support for each transaction.

On our platform, you, as a client, can:

• Browse a curated collection of original or printed artworks from talented artists
• Purchase artworks, or request commissioned art, make offers
• Enjoy organized delivery and dedicated after-sales support for a seamless experience.

Please note that while Arousart provides the platform and technological support to connect clients and sellers — we don’t resell the artworks. All sales transactions occur directly between the sellers and clients.

1.2. Registration on the platform.

To list your work or make a purchase on our platform (unless you prefer guest checkout), please create an account. During registration, you’ll be asked to share some basic information and choose a username and password. Once you’re set up—or if you decide to check out as a guest — you officially become a “Seller/Client” of our platform. You confirm that you are at least 18 years old during registration

Please be sure to provide accurate and up-to-date information (for example, update your details if you become VAT registered). We may suspend or close accounts if we find that the information provided is incorrect or incomplete.

And remember, your password is your secret key—keep it safe and never share it. If you ever notice anything unusual on your account, let us know right away.

We reserve the right to delete accounts that have been inactive for a period exceeding two years, after notifying the account holder via email.

1.3. Creating an account as a Seller:

To get started, you’ll need to set up a seller account. This gives you access to your personalized dashboard where you can:

• Upload and manage your artworks.
• Conclude sales and monitor payments.
• Update your profile, personal, payment- and contact details.

1.3.1. For Individual Sellers:

Please provide:

• A chosen username and password.
• A valid government-issued identity document.
• Bank details (RIB/IBAN/SWIFT).
• Your email address and phone number.
• A brief biography, including your creative achievements, exhibitions, and awards.

In some cases, we can help you to fill out your seller’s profile. In case you need this support – please contact us support@arousart.tech

1.3.2. For Art Collectives / Groups:

Please provide:

• A chosen username and password (one account for the collective).
• A valid government-issued identity document for each member of the collective.
• Bank details (RIB/IBAN/SWIFT) for each member of the collective.
• An email address and phone number for each member of the collective.
• A brief biography of the collective, including its history, creative achievements, exhibitions, and awards.

Important: We do not bear responsibility for the work of those members whose identity documents, bank details, and contact information have not been provided.

1.3.3 If you sell as a company:

• The legal name of the company;
• The registration number (certificate of registration, tax ID, or similar data);
• The company’s legal address.
• A copy of the identity card of the legal representative of the company;
• A IBAN of the legal person;
• An email address;
• A telephone number;
• A username and a password;
• A brief description of his/her activity;
• Awards received;
• Any exhibitions the Seller might have participated in.

1.4. Creating an account as a Client:

When creating a client account, please provide your personal and contact details. For purchases, you’ll also need to provide your shipping address and payment information through our secure checkout.

1.5. Artworks and Content Guidelines

When listing artworks on Arousart, sellers affirm and agree to the following:

• You are the creator of the artwork or hold all necessary rights to sell it.
• You must provide accurate descriptions and high-quality images (at least one photo for paintings and multiple photos for 3-D objects).
• All artworks must comply with applicable laws and must not infringe upon third-party rights. If submitted content or images do not meet our quality standards, we reserve the right to request modifications or temporarily remove the artwork from the Platform.

Content 18+ (Adult Content)

• If your artwork contains adult or explicit content (18+), you must clearly label it accordingly. Our platform uses three categories of content to help clients make informed choices.
• You confirm that any individuals depicted or represented in your artworks (including paintings, sculptures, photographs, or other media) are portrayed as adults (18+), and that you hold all necessary rights or permissions related to such representations
• Adult content must strictly comply with applicable laws and our content policies. Failure to adhere may result in removal of the artwork and suspension or termination of your account.

In case of violations, we reserve the right to temporarily suspend or permanently terminate your account, usually after providing a preliminary warning. You may appeal our decision by contacting our support team. 

Content moderation is performed both manually and automatically. Users may report inappropriate content via our support channels.

1.6. Intellectual Property Rights

By listing artworks on the Arousart platform, sellers acknowledge and agree to the following:

• Sellers retain full ownership of their artworks, and all intellectual property rights remain non-transferable and non-exclusive.
• Arousart has the right to use images and descriptions of listed artworks for promotional and marketing purposes, both online and offline.
• Arousart may display sellers’ artworks on the Platform throughout the active business relationship and up to six months thereafter.
• Sellers confirm they own or have obtained all necessary rights to sell and display the listed artworks.

Clients purchasing artworks through the platform acknowledge the following:

Original Artworks:

• When purchasing original artwork, clients acquire ownership of a unique, one-of-a-kind piece created directly by the artist. The artist retains copyright over the artwork.

Printed Artworks:

• When purchasing printed artwork, clients receive a high-quality reproduction of the original piece. The artist retains copyright, while clients acquire ownership of the physical reproduction, typically produced as limited editions or multiple copies.

Clients must respect intellectual property rights, refrain from misusing platform resources, and report inappropriate content.

1.7. Seller Responsibilities & Code of Conduct

Your Responsibilities

• Provide excellent customer service and respond promptly to client inquiries or issues.
• Keep your account information secure, accurate, and regularly updated.
• Ensure all information you provide is truthful and transparent.

Code of Conduct

At Arousart, we value a respectful and collaborative environment. To maintain our positive community:

• Treat all members respectfully and avoid disruptive or intimidating behavior.
• Always provide truthful information and use platform resources appropriately.

Failure to follow these guidelines may lead to warnings, temporary suspension, or permanent account closure.

Part 2. Commercial Terms

2.1.Sale

Channels

We showcase and sell your artworks through several channels:

• On our Platform (arousart.tech)
• In-person events (like exhibitions and art fairs) organized by our team
• In-person events and online events and auctions, organised by our partners

How It Works

When the Client shows interest in buying your artwork, you’ll get a notification via your Arousart account and email. You will need to confirm that your piece is available and ready to ship. Once you confirm, your artwork is marked as sold on our platform. If payment isn’t confirmed within few days, the sale might be canceled and your artwork will be relisted.

2.2.Pricing, Commission & Payments

Setting Artists’ Price: You, as a seller, determine the selling price for each artwork, ensuring it covers materials, production, packaging, and Arousart’s commission. Please do not include VAT or Shipping costs in the Artist’s price. We will calculate them separately in addition to the Artist’s price.

• Applicable Taxes: If you would like to collect applicable taxes, please let us know, and these will be added on top of your set price
• The shipping cost: The shipping costs will be added on top of that price based on the Client’s delivery details and the Seller will receive it later.

Arousart’s Commission: our Platform takes a 30% commission from the Artist’s price of artwork. You’ll receive the remaining amount within 30 calendar days after the purchase is complete. We charge the commission from the Artist’s price which doesn’t include Taxes and Shipping costs as they are calculated separately.

Payment Process: Arousart will collect the full payment (including any delivery fees) on your behalf. Once the artwork has been handed over to the carrier, and after deducting our commission (30% exclusive of VAT, where applicable), you will receive the remaining amount (including shipment costs) via bank transfer or PayPal within 30 calendar days.

2.3. Shipping & Delivery

2.3.1.Preparing and Shipping Your Artwork

Upon receiving a Client’s purchase intent:

You must shortly (a couple of days) confirm shipping availability.

• Pack your artwork securely, to exclude possible damage of the artwork.
• Print and attach any required documents (shipping labels, customs forms, certificate of authenticity, etc.).
• Provide the package’s dimensions, weight, and photos of the packaged artwork to ensure compliance.

Arousart will then communicate the delivery method. If packaging guidelines aren’t followed, we may refuse collection, and any resulting damage will be your responsibility.

2.3.2. In Case of Delivery Issues

Should delivery become impossible (e.g., incorrect address or refusal at receipt), the artwork will be returned to you according to the carrier’s procedures.

2.3.3. Right to Return the artwork

Clients have a 14-day period after receiving an artwork to cancel the purchase (except for made-to-order or personalized pieces). They need to contact Arousart by email support@arousart.tech to arrange the return.The client is responsible for return shipping costs, unless the artwork arrived damaged or incorrectly described.

Part 3. General Terms

3.1. Personal Data

Your privacy is important to us. In compliance with applicable data protection laws, you have the right to access, modify, or delete your personal data by contacting our support team at support@arousart.tech. We will use your information solely to provide and improve our services, and data will be retained only as long as necessary for operational or legal purposes.

3.2. Duration and Termination

These T&C govern your relationship with Arousart for as long as your account is active on the platform and your artworks are publicly listed. Either you or Arousart may terminate this relationship at any time by notifying the other party via email. To end your relationship with Arousart, please contact us at support@arousart.tech, remove your artworks from public listings, and/or delete your account.

3.3. Arousart’s Liability

Arousart acts solely as an intermediary between the Seller and the Clients. We are not liable for any contractual disputes, damages related to the sale, or loss of artwork during transit if the proper shipping procedures are not followed.

We are also not liable for actions or interactions between users outside the platform.

3.4. Seller’s Liability

As a seller, you are fully responsible for compliance with these Terms and Conditions. Specifically, you agree to:

• Ensure your artworks comply with the laws applicable in your country and in the countries where your artworks are sold.
• Protect and indemnify Arousart against any legal claims or actions arising from breaches of these Terms or violations of applicable laws related to your artworks.
• Cover any costs, including legal fees, arising from disputes or litigation directly resulting from your non-compliance with these Terms and Conditions.

3.5. Force Majeure

Events beyond the control of either party (e.g., natural disasters, strikes, etc.) may temporarily suspend the performance of these T&C. If such events persist for more than two months, the contract may be automatically terminated unless otherwise agreed upon.

3.6. Governing Law

These T&C are governed by Dutch law. All matters of substance and form will be interpreted in accordance with applicable Dutch legal standards.

3.7. Dispute Resolution & Jurisdiction

In the event of any dispute:

• We encourage you to contact us so that we can work together towards an amicable solution.
• If necessary, mediation services (as outlined by Dutch Consumer Code guidelines) may be utilized.
• Should mediation fail, disputes may be referred to the competent courts of the Netherlands. Alternatively, if you are domiciled outside the Netherlands, you may bring proceedings in your local jurisdiction if permitted by applicable local law.

3.8. Technical Assistance. 

If you need help at any time, our support team is here to assist you. Simply contact us at support@arousart.tech for prompt assistance.

ArousArt B.V.