Terms and Conditions

Welcome to Artsamy’s online gallery and marketplace for Middle Eastern modern and contemporary art. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Artsamy, LLC (“Artsamy,” “we,” or “us”), governing your access to and use of the Artsamy website and services. By browsing, registering, listing, or purchasing through Artsamy.com, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not use the Services.

1. Role of Artsamy: Artsamy operates as a fair and accessible marketplace and gallery for art. Artsamy provides tools and a platform for artists, collectors, and galleries to list, sell, and consign works of art, and for buyers to browse and purchase them. Artsamy does not manufacture or own the artworks, nor is it a party to the sale transaction between sellers (including Artsamy when acting as a seller) and buyers. Buyers and sellers are independent parties who act on their own behalf. Artsamy may facilitate communications, payment processing, and shipping for convenience, but does not act as an agent, guarantor, or fiduciary of either party. When Artsamy itself sells an item, it will be clearly identified as the seller on the site.

2. Eligibility and Use: To use Artsamy, you represent that you are at least 18 years old, have full power and authority to agree to these Terms, and will comply with all applicable laws and these Terms. You agree not to use Artsamy’s services for any illegal or unauthorized purpose and to respect others’ rights. You are responsible for all activities under your account. You must not post misleading, abusive, or prohibited content.

3. Account Registration: Some areas of Artsamy may require registration. You agree to provide truthful information (such as your legal name and a valid email address) and keep your account information up to date. We strongly urge you to protect the confidentiality of your account by using a strong, unique password (containing letters, numbers, and symbols) and by changing it regular. You agree to notify us immediately if you suspect any unauthorized use of your account or credentials.

4. Buying and Consigning Art: You may browse and purchase available artworks directly from Artsamy or from third-party sellers (artists or galleries). Artsamy allows both direct sales and consignment models. If you buy an artwork, you will pay the price set by the seller (plus any applicable Artsamy commission, fees, taxes, and shipping costs). If you consign an artwork to Artsamy, you grant Artsamy the right to list and sell the work on consignment. In all transactions, Artsamy does not endorse any representation or statement by a seller; instead, we rely on information provided by the seller about the artwork.

5. Pricing, Commissions, and Fees: Artsamy strives for transparency in pricing. All fees, commissions, and other charges are clearly disclosed before any transaction. Artsamy may charge a commission or fee on sales made through the platform (for example, as a percentage of the sale price). Sellers (including consignors) agree to pay any applicable commissions or fees to Artsamy, as described in separate consignment or service agreements. Fees are generally non-refundable. The currency of sale will be as indicated in the listing (e.g. Jordanian Dinar (JOD) or other agreed currency). You are responsible for any currency conversion fees or bank charges if applicable.

6. Payment Terms: Artsamy accepts various secure payment methods. We will provide instructions and your purchase will not be finalized until payment is confirmed.

7. Shipping and Delivery: Artsamy handles shipping logistics to provide a smooth delivery experience. We use reputable carriers and insured shipping services. The buyer is responsible for providing a valid delivery address. Risk of loss and title to a purchased artwork generally transfer to the buyer upon delivery of the artwork to the buyer or the buyer’s designated carrier. Customers should be aware of any import duties or customs fees that may apply. For example, in Jordan, a customs clearance fee of 10% (with a minimum of 5 JOD) applies to online shipments under 200 JOD, and buyers must provide identification (national or residency number) for customs processing. Artsamy will advise on these requirements but it is ultimately the buyer’s responsibility to comply with local customs and import laws.

8. Taxes: Buyers and sellers are responsible for all applicable taxes, duties, or charges imposed by any government or authority in connection with sales, purchases, or consignments on Artsamy. For example, Jordanian law may impose value-added tax or customs duties on imported artworks; parties agree to comply with and pay any such taxes and duties as required by law.

9. Returns and Cancellations: Subject to Artsamy’s Guarantee (below), sales of artworks are generally final. Because original artworks are unique, cancellations are only allowed in very limited circumstances (such as fraud or breach of seller obligations). However, under Jordanian law, a buyer has the right to return an item and obtain a refund if the goods are defective or “not as described”. Artsamy’s Buyer Guarantee (described below) provides for refunds or replacements in cases of inauthentic works, damage, or gross misrepresentation. No other returns are permitted unless expressly agreed in writing by Artsamy.

10. Prohibited Conduct: You agree not to use Artsamy for any unlawful or harmful activities. This includes, but is not limited to, hacking, spamming, scamming, infringing intellectual property, or any conduct that violates these Terms. Any illegal or unethical behavior may result in immediate suspension or termination of your account and legal action, if necessary.

11. Intellectual Property: All content on Artsamy (site design, images, text, logos, etc.) is protected by copyright, trademark, or other intellectual property laws. You may only use Artsamy content as expressly authorized by us or the respective rights owners. Uploading or listing an artwork requires that you have the necessary rights and permissions for that artwork. You grant Artsamy a license to display and use any text or images you provide for the purposes of marketing and selling the artwork.

12. Disclaimers and Limitation of Liability: Artsamy strives for transparency and fairness, but our Services are provided “as is” and “as available.” To the fullest extent permitted by law, Artsamy disclaims all warranties, whether express or implied, including merchantability and fitness for a particular purpose. Artsamy is not responsible for verifying the accuracy of item descriptions (unless specified in our guarantee). Except as set forth in our Guarantee, Artsamy’s liability in connection with any transaction is limited to the amount you paid through our platform. In no event will Artsamy be liable for indirect, incidental, or punitive damages.

13. Indemnification: You agree to indemnify and hold Artsamy, its affiliates, employees, and agents harmless from any claims, losses, or damages (including reasonable attorneys’ fees) arising out of your use of the Services, breach of these Terms, or violation of any law or right of a third party.

14. Governing Law and Dispute Resolution: These Terms are governed by the laws of the Hashemite Kingdom of Jordan, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of Artsamy shall be resolved in the courts of Amman, Jordan (or any other competent Jordanian court) to which the parties submit exclusively. In accordance with Jordanian consumer protection principles, a buyer may take legal action for defective goods and seek refunds.

15. Changes to Terms: Artsamy may revise these Terms from time to time. We will post the updated Terms with a new “Last Updated” date. Your continued use of Artsamy after changes indicates your acceptance of the new Terms. We encourage you to check these Terms periodically for updates.

16. Contact: If you have any questions about these Terms, please contact us at
info@artsamy.com.