Terms & Conditions

Terms and Conditions

These Terms and Conditions (the “Terms”) govern your access to and use of artplease.com and any related websites, accounts, communications, products, and services provided by ART PLEASE LLC or ART PLEASE SE (collectively, “ART PLEASE,” “we,” “us,” or “our” and, individually, an “ART PLEASE Entity”).

Please read these Terms carefully. By accessing or using the Services, creating an account, submitting or listing an artwork, making an inquiry or offer, or entering into a transaction through ART PLEASE, you agree to these Terms. If you do not agree, do not use the Services.

1. ART PLEASE Entities and Applicable Contracting Party

ART PLEASE LLC and ART PLEASE SE are affiliated companies under common ownership but are separate legal entities.

  • ART PLEASE LLC generally operates artplease.com, administers website accounts, and handles transactions for which ART PLEASE LLC is identified as the contracting or invoicing entity.
  • ART PLEASE SE handles transactions and services for which ART PLEASE SE is identified as the contracting or invoicing entity.

The ART PLEASE Entity responsible for a particular transaction or service will ordinarily be identified in the applicable invoice, agreement, offer confirmation, or transaction correspondence. The responsible entity is not determined solely by your location, the artwork’s location, or the website or third-party platform on which an artwork appears.

ART PLEASE LLC
38 West 28th Street
New York, NY 10001
United States

ART PLEASE SE
Karlovarská 1698/1
163 00 Prague 17
Czech Republic
Company ID: 04057848

Shared contact: info@artplease.com

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into binding contracts to use the Services. If you use the Services for a company, trust, estate, partnership, or other person or entity, you represent that you are authorized to bind that person or entity, and “you” includes both you and that person or entity.

You must provide accurate, current, and complete information and promptly update it when necessary. You are responsible for safeguarding your account credentials and for activity conducted through your account or by persons acting with your authority.

3. ART PLEASE’s Role

ART PLEASE provides a platform and art-market services that may include marketing, introductions, brokerage, transaction coordination, appraisal, advisory, logistics, and related services.

Unless the applicable invoice or written agreement expressly states otherwise:

  • ART PLEASE acts as an intermediary and not as the owner of an artwork;
  • a listing is not a representation that ART PLEASE possesses or holds title to the artwork;
  • the seller or consignor retains responsibility for the artwork and the information supplied about it; and
  • ART PLEASE is not a fiduciary, trustee, escrow agent, authenticator, conservator, insurer, carrier, or legal or tax advisor.

ART PLEASE may occasionally own, purchase, or sell an artwork as principal. If it does, that role should be identified in the applicable transaction documents. Transaction-specific invoices, written agreements, offer confirmations, and inspection or shipping terms control over these Terms to the extent of a direct conflict.

4. Listings Are Invitations, Not Binding Offers

Artwork listings, asking prices, estimates, availability statements, and other website content are invitations to inquire and do not constitute binding offers. Availability and pricing may change without notice.

An inquiry, offer, order request, or other submission does not create a binding transaction. A transaction becomes binding only when the applicable parties confirm it in writing or execute the applicable transaction documents and any stated conditions are satisfied. ART PLEASE may reject, withdraw, correct, or cancel a listing, inquiry, offer, or proposed transaction at any time before a binding agreement is formed.

5. Seller and Consignor Obligations

If you submit, consign, list, market, or offer an artwork through ART PLEASE, you represent, warrant, and agree that:

  • you are the lawful owner of the artwork or are fully authorized by the lawful owner to offer and sell it;
  • you have full authority to provide the artwork and all related content and information to ART PLEASE and to authorize their use under these Terms;
  • good and marketable title can be transferred free of undisclosed liens, security interests, claims, encumbrances, restrictions, or competing ownership interests;
  • the artwork is authentic and is accurately attributed, described, dated, editioned, and identified to the best of your knowledge, and you have disclosed all material doubts or qualifications;
  • all provenance, certificates, invoices, condition information, ownership history, dimensions, images, edition information, signatures, inscriptions, and other information you provide are accurate, complete, and not misleading;
  • you have disclosed all material restoration, damage, alteration, loss, theft, title, cultural-property, sanctions, export, copyright, trademark, authenticity, catalogue raisonné, artist-estate, foundation, or other concerns known to you;
  • the artwork, listing, images, documentation, and proposed transaction do not infringe or violate any copyright, trademark, moral right, privacy right, publicity right, contractual right, court order, injunction, law, or third-party right;
  • the artwork is not counterfeit, forged, stolen, unlawfully exported or imported, or subject to an undisclosed claim or investigation;
  • you will promptly notify ART PLEASE of any change, sale, withdrawal, competing commitment, third-party claim, authenticity concern, or other development affecting the artwork or listing; and
  • you will provide additional information and documentation reasonably requested for verification, compliance, risk management, or a transaction.

These representations survive removal of the listing, termination of your account, and completion or cancellation of a transaction.

6. License to Listing Materials

You retain ownership of content you provide. You grant ART PLEASE and its affiliated entities a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt for formatting, publish, display, distribute, and otherwise use artwork images, descriptions, documents, and other listing materials as reasonably necessary to provide, market, administer, and protect the Services.

This license includes displaying or distributing listing materials through ART PLEASE websites, social media, email, sales materials, databases, and third-party marketplaces or marketing partners, including platforms such as Artsy and Artnet. You represent that you have all rights necessary to grant this license.

The license ends when the relevant purpose ends, except that ART PLEASE may retain archival copies as reasonably necessary for recordkeeping, compliance, dispute resolution, fraud prevention, and legal claims.

7. Review, Investigation, Suspension, and Removal

ART PLEASE may, but is not obligated to, review listings or supporting information. ART PLEASE does not guarantee that any review will identify errors, defects, title problems, authenticity concerns, infringement, fraud, or unlawful conduct.

ART PLEASE may refuse, suspend, restrict, or remove any listing; suspend or terminate an account; pause a transaction; or decline to work with any person or artwork at any time where ART PLEASE reasonably considers it appropriate, including following a complaint or concern relating to ownership, title, authenticity, attribution, condition, intellectual property, fraud, legality, sanctions, reputation, safety, or compliance.

Where a concern relates to a source, consignor, owner, artist, publisher, edition, or group of works, ART PLEASE may suspend or remove other related listings while the concern is reviewed. Removal or suspension does not constitute an admission or determination that an artwork or person is unlawful, fraudulent, infringing, or inauthentic.

You authorize ART PLEASE to preserve relevant records and, where reasonably necessary and permitted by law, disclose relevant information to affiliated entities, transaction participants, professional advisors, insurers, artists, artist estates, foundations, rights holders, authentication bodies, law-enforcement agencies, regulators, courts, or other persons asserting a legitimate legal or protective interest. Such information may include the identity and business contact information of the person or entity that supplied, listed, offered, purchased, sold, or handled an artwork, together with relevant listing, provenance, ownership, transaction, and communications records. Disclosures will be handled in accordance with the ART PLEASE Privacy Policy.

8. Rights Complaints

If you believe a listing or other content violates your intellectual-property, ownership, privacy, publicity, or other rights, contact info@artplease.com and provide:

  • your name and contact information;
  • identification of the right, artwork, or interest concerned;
  • the specific listing or material at issue;
  • the basis for your claim and available supporting documentation; and
  • a statement that the information supplied is accurate and that you are authorized to act.

ART PLEASE may request additional information, notify the person who supplied the material, restrict or remove the material, preserve records, or take other appropriate action. ART PLEASE does not adjudicate ownership, authenticity, or legal rights merely by receiving or responding to a complaint.

9. Buyer Responsibilities and Due Diligence

Buyers must review the available information and conduct any inspection, condition review, provenance review, authenticity inquiry, legal review, or other due diligence they consider necessary before completing a purchase.

Images may not accurately represent color, scale, texture, surface, condition, or framing. Statements regarding attribution, authenticity, provenance, condition, dates, editions, literature, exhibitions, or value may depend on information supplied by third parties and are subject to qualification in the applicable transaction documents.

Except for express written representations made by the identified seller or ART PLEASE Entity in the binding transaction documents, and subject to mandatory law, artworks are offered in their condition at the time of sale. Any inspection period, return right, condition standard, authenticity protection, or remedy must be stated in the applicable transaction documents.

10. Price, Fees, Taxes, and Payment

Prices may exclude commissions, buyer’s premiums, shipping, storage, insurance, framing, inspection, conservation, customs charges, taxes, duties, payment fees, and other transaction costs unless expressly stated otherwise.

You agree to pay all amounts due under the applicable invoice or agreement in cleared funds by the stated deadline. ART PLEASE may withhold release, delivery, transfer documents, or performance until all required funds and information have been received and verified.

Buyers and sellers are responsible for their own tax, customs, reporting, and professional-advice obligations. ART PLEASE may collect, withhold, report, or remit amounts where required by law.

11. Shipping, Storage, Insurance, Title, and Risk

Shipping, collection, storage, packing, insurance, customs clearance, title transfer, and risk of loss are governed by the applicable invoice or transaction agreement. Unless those documents state otherwise:

  • the buyer is responsible for arranging and paying for collection, shipping, insurance, customs, taxes, and duties;
  • no artwork will be released before receipt of cleared funds and required documentation;
  • a person collecting an artwork must provide documentation reasonably requested by ART PLEASE, which may include an air waybill, collection authorization, identification, and proof of insurance; and
  • ART PLEASE is not responsible for the acts or omissions of independent shippers, warehouses, conservators, insurers, customs brokers, or other third parties selected by a user.

12. Returns, Cancellations, and Consumer Rights

Except as expressly stated in binding transaction documents or required by applicable law, completed sales are final and artworks may not be returned merely because of a change of mind, market movement, framing preference, or a matter disclosed or reasonably observable before purchase.

Nothing in these Terms excludes or limits a consumer right that cannot lawfully be waived. If mandatory consumer law grants a cancellation, withdrawal, conformity, refund, or other right, that law controls. Additional transaction-specific return or inspection rights, if any, will be stated in writing.

13. Non-Circumvention

Where ART PLEASE introduces a buyer, seller, owner, source, advisor, or other transaction participant in connection with an artwork or transaction, you must not knowingly structure or complete the transaction outside ART PLEASE for the purpose of avoiding an agreed commission or fee.

For twelve months after the introduction, any transaction involving the introduced party and the same artwork, or a substantially related transaction arising from the introduction, remains subject to the commission or fee arrangement agreed with ART PLEASE. This section does not create a fee where none was agreed and does not limit any longer or more specific non-circumvention obligation in a signed agreement.

14. Compliance With Law

You must comply with all applicable laws and regulations, including those concerning sanctions, anti-money laundering, anti-bribery, cultural property, endangered materials, import and export controls, customs, taxes, consumer protection, intellectual property, and data protection.

ART PLEASE may request identification, beneficial-ownership information, source-of-funds information, export or import documentation, and other compliance materials. ART PLEASE may refuse or suspend service where required information is not provided or where proceeding may create legal, regulatory, financial, or reputational risk.

15. Prohibited Conduct

You may not:

  • submit false, misleading, fraudulent, infringing, unlawful, or unauthorized content or artworks;
  • impersonate another person or misrepresent your identity, authority, ownership, or affiliation;
  • interfere with the security, integrity, operation, or availability of the Services;
  • access accounts, systems, or information without authorization;
  • scrape, harvest, copy, or use data or content from the Services for unauthorized commercial purposes;
  • upload malicious code or use automated systems in a manner that burdens or disrupts the Services;
  • evade fees, restrictions, compliance checks, or enforcement actions; or
  • use the Services to violate law or the rights of ART PLEASE or another person.

16. ART PLEASE Content and Intellectual Property

The Services and their design, software, text, graphics, logos, trademarks, databases, and other content owned by ART PLEASE are protected by intellectual-property laws. Subject to these Terms, ART PLEASE grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services for their intended purpose.

No right is granted to reproduce, distribute, modify, sell, license, scrape, create derivative works from, or commercially exploit ART PLEASE content without prior written authorization. Rights in artwork images and artist names or marks may belong to artists, estates, foundations, photographers, publishers, licensors, or other third parties and are not transferred to you by their appearance on the Services.

17. Privacy

Our collection, use, disclosure, and retention of personal information are described in the ART PLEASE Privacy Policy, which forms part of these Terms. By supplying information about another person, you represent that you are authorized to do so and that ART PLEASE may process it as described in the Privacy Policy.

ART PLEASE seeks to handle commercial relationships discreetly but does not guarantee anonymity. Identity or business contact information may be disclosed where reasonably necessary to facilitate a transaction, investigate or respond to a complaint, verify ownership or authority, protect rights or safety, prevent fraud or infringement, comply with law, or establish, exercise, or defend legal claims.

18. Third-Party Services

The Services may contain links to or integrations with third-party platforms, payment providers, social networks, databases, shippers, service providers, or other websites. ART PLEASE does not control and is not responsible for their availability, content, security, acts, omissions, or privacy practices. Your use of third-party services may be governed by separate terms.

19. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” ART PLEASE disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted or error-free operation, except to the extent an express written warranty is included in binding transaction documents.

ART PLEASE does not guarantee the accuracy or completeness of information supplied by users or third parties; the authenticity, attribution, provenance, title, condition, legality, value, investment performance, marketability, or future resale value of any artwork; or the conduct or solvency of any user, counterparty, or third-party service provider.

Nothing in these Terms excludes liability or warranties that cannot lawfully be excluded.

20. Limitation of Liability

To the fullest extent permitted by law, ART PLEASE and its affiliated entities, owners, directors, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, opportunity, data, goodwill, or anticipated savings, arising from or relating to the Services or a transaction.

To the fullest extent permitted by law, the aggregate liability of the relevant ART PLEASE Entity arising from or relating to the Services or a transaction will not exceed the greater of (a) the fees or commissions actually received by that entity from you in connection with the matter giving rise to the claim or (b) USD 1,000.

These limitations do not apply to fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or liability that cannot lawfully be limited. Mandatory consumer rights remain unaffected.

21. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ART PLEASE, its affiliated entities, and their owners, directors, officers, employees, contractors, and agents from claims, losses, liabilities, damages, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising from or relating to:

  • an artwork, listing, image, document, statement, instruction, or information you provide;
  • your ownership, authority, title, provenance, authenticity, attribution, condition, legality, or right to offer or sell an artwork;
  • infringement or violation of intellectual-property, contractual, privacy, publicity, ownership, or other third-party rights;
  • your breach of these Terms or transaction documents;
  • your fraud, negligence, willful misconduct, unlawful activity, or violation of law; or
  • a dispute between you and another user, owner, buyer, seller, consignor, advisor, or third party.

This obligation does not require indemnification for losses finally determined to have resulted solely from the indemnified party’s fraud, willful misconduct, or gross negligence. ART PLEASE may control the defense of a covered claim with counsel of its choosing, and you agree to cooperate reasonably. You may not settle a claim imposing liability, admission, or obligation on an indemnified party without its written consent.

22. Suspension and Termination

You may stop using the Services at any time. ART PLEASE may suspend or terminate access, remove content, decline service, or terminate these Terms with respect to a user at any time where reasonably necessary to protect the Services, ART PLEASE, users, transaction participants, rights holders, or legal and regulatory interests.

Provisions that by their nature should survive will survive, including those concerning payments, seller representations, record preservation, intellectual property, non-circumvention, disclaimers, limitations of liability, indemnification, disputes, and general terms.

23. Governing Law and Disputes

ART PLEASE LLC

Except where mandatory law provides otherwise, matters involving ART PLEASE LLC are governed by the laws of the State of New York, without regard to conflict-of-law principles. You and ART PLEASE LLC consent to exclusive jurisdiction in the state and federal courts located in New York County, New York.

ART PLEASE SE

Except where mandatory law provides otherwise, matters involving ART PLEASE SE are governed by the laws of the Czech Republic. You and ART PLEASE SE consent to the jurisdiction of the competent courts of the Czech Republic.

If you are a consumer, nothing in this section deprives you of mandatory protections or rights to bring proceedings available under the laws of your habitual residence. A transaction-specific signed agreement may contain a different valid governing-law, forum, or dispute-resolution provision, in which case that provision controls for that transaction.

24. Electronic Communications and Notices

You consent to receive agreements, invoices, disclosures, notices, and other communications electronically. Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by law.

ART PLEASE may send notices to the email or other contact information associated with your account or transaction. You are responsible for keeping that information current. Notices to ART PLEASE should be sent to info@artplease.com unless the applicable transaction documents specify otherwise.

25. Force Majeure

ART PLEASE is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil disturbance, epidemic, labor disruption, transportation interruption, customs delay, governmental action, sanctions, cyberattack, utility or communications failure, or failure of a third-party platform or service provider.

26. Changes to These Terms

ART PLEASE may update these Terms from time to time. Updated Terms will be posted with a revised “Last Updated” date. Material changes will apply prospectively, and additional notice or consent will be provided where required by law. Your continued use of the Services after updated Terms take effect constitutes acceptance where permitted by law.

27. General Terms

These Terms, together with the Privacy Policy and any applicable transaction documents, constitute the agreement concerning the relevant subject matter. If a transaction document conflicts with these Terms, the transaction document controls for that transaction.

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. You may not assign your rights or obligations without the relevant ART PLEASE Entity’s written consent. ART PLEASE may assign these Terms to an affiliate or successor in connection with a reorganization, merger, sale, or transfer of business, subject to applicable law.

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and ART PLEASE. Headings are for convenience only.

28. Contact

Questions about these Terms may be sent to:

ART PLEASE LLC
38 West 28th Street
New York, NY 10001
United States

ART PLEASE SE
Karlovarská 1698/1
163 00 Prague 17
Czech Republic
Company ID: 04057848

Email: info@artplease.com