General Terms and Conditions

1.1. These General Terms and Conditions (hereinafter referred to as the "Terms") govern the rights and obligations between the operator of the Artify platform (hereinafter referred to as the "Operator"), the selling artists (hereinafter referred to as the "Sellers" or "Artists"), and the buying users (hereinafter referred to as the "Buyers").

1.2. The Artify platform (available on its web domain) is an online marketplace serving as an intermediary for the sale of fine art and sculptures, providing educational content, events, and a community space for Slovak and Czech authors and art enthusiasts.

1.3. The Operator itself is not the seller of physical artworks unless stated otherwise for a specific artwork. The contract for the purchase of an artwork is concluded directly between the Buyer and the Seller (Artist). The Operator only facilitates the technical infrastructure, payment gateway integration, and community support.

1.4. By using the platform, registering, or placing an order, the involved parties express their unconditional consent to these Terms and agree to comply with them.

2.1. Registration on the platform is free and voluntary. Users select their role during registration: Buyer or Artist. Users are required to provide truthful and up-to-date information.

2.2. Various membership tiers are available for Artists:

• Free tier: Allows basic portfolio representation and a limited number of listed artworks without access to advanced tools.
• Basic, Pro, and Master plans: Paid subscription programs with monthly billing. They allow sales with 0% platform commission, higher listing limits, course creation, access to the integrated AI assistant, and editorial features.

2.3. Membership fees for paid programs are billed monthly via the Stripe payment gateway. Subscriptions can be canceled or changed at any time in the account settings. Downgrades and plan changes take effect at the end of the current billing cycle.

2.4. When downgrading to a lower plan with lower artwork limits, oldest excess artworks will be temporarily set to inactive and hidden from the public gallery until the active count is adjusted under the threshold.

3.1. The Artist lists original artworks, providing accurate details (title, dimensions, medium, material, framing) and prices in two currencies (EUR and CZK).

3.2. Originality Guarantee and Certificate of Authenticity: The Artist declares that every artwork listed by them is their own original work. The Artist is required to attach a hand-signed paper Certificate of Authenticity to every sold artwork.

3.3. Commission and Fees: Artify does not charge a platform commission on artwork sales for creators with active paid plans. Payments are processed via the Stripe Connect gateway (if the customer chooses online payment), directing funds to the Artist's connected Stripe account. Stripe processing fees (approx. 1.5% to 2.9% + transaction fee depending on the card type) are borne by the Artist. For cash on delivery or bank transfer payments, Artify charges zero fees or commission, and the Artist receives 100% of the purchase price.

3.4. The purchase contract is concluded when the Buyer confirms and pays for the order (or upon submitting a binding order in case of cash on delivery). The Artist agrees to prepare the artwork for shipping without delay.

3.5. Information on Seller Legal Status (Act No. 108/2024 Coll. & EU Omnibus Directive): Artify operates as an online marketplace. Sellers (artists) offering artworks on the platform may act as:

• Commercial Entrepreneurs / Traders (sole traders, companies, or freelance artists operating under a business/tax ID). In this case, all statutory consumer rights and warranties apply to the purchase under applicable consumer protection legislation.
• Non-entrepreneurs / Private Individuals (creators selling their personal artistic originals as private individuals without a business license). We advise the Buyer that transactions between private individuals are not subject to statutory consumer protection provisions applicable specifically to business-to-consumer contracts. However, the 14-day return and withdrawal right guaranteed by Artify (Section 8) and the Authenticity Guarantee remain fully valid and protected.

Information indicating whether a specific Artist is registered as an entrepreneur or a private individual is always transparently displayed on their public artist profile and on each artwork listing page.

3.6. Verified Customer Reviews Policy: All customer reviews, ratings, and testimonials published on Artify originate solely from verified purchasers. Artify's technical platform strictly verifies completed payment and order fulfillment — only users who have genuinely purchased the respective artwork or course can submit a review. Fabricated, paid, or unverified reviews are strictly prohibited and technically prevented.

4.1. The Artist bears full responsibility for safely packaging and shipping the physical artwork to the Buyer. Packaging must be secure enough to protect the artwork from mechanical damage and moisture (bubble wrap, stiff cardboard, or wooden crates for sculptures are recommended).

4.2. Shipping and insurance costs are configured by the Artist and added to the total amount at checkout. Delivery is carried out by agreed shipping carriers (e.g., Slovak Post, Czech Post, Packeta).

4.3. The Artist must ship the artwork within 5 business days after order payment (unless agreed otherwise in chat) and provide the tracking number to the Buyer.

4.4. The risk of loss or damage transfers to the Buyer at the moment the artwork is handed over by the shipping carrier.

5.1. Artists can list selected artworks for sale via online auctions. When setting up an auction, they define the starting price, minimum bid increments, and the auction end date.

5.2. Binding Nature of Bids: Every bid submitted by a Buyer is binding and cannot be retracted. Placing the highest bid at the auction deadline binds the Buyer to purchase the artwork at the final price.

5.3. If the auction winner fails to pay for the won artwork within 3 calendar days after auction completion, the Artist reserves the right to offer the piece to the second-highest bidder or cancel the transaction. The Operator may limit future bidding privileges of non-paying winners.

5.4. The Operator reserves the right to intervene, cancel suspicious bids, or cancel an entire auction in cases of rule violations or technical manipulation.

6.1. Artists subscribed to the Pro or Master plans can create and sell video courses, tutorials, and other educational digital content on the Artify platform.

6.2. Access License: The Buyer receives a non-exclusive, personal, and non-transferable license to watch and study the purchased course. The Buyer must not download, copy, share login details, or distribute the course content to third parties.

6.3. Right of Withdrawal for Digital Content: Under consumer protection law, the Buyer explicitly consents that once digital content delivery starts (such as starting a video stream or downloading course files), the Buyer loses their 14-day right of withdrawal, as it is digital content delivered other than on a tangible medium.

7.1. Users can post in discussion groups, share posts, and comment on other creators' work. The community forum must not be used to publish vulgar, hateful, copyright-infringing, or unlawful content.

7.2. Artwork Copyrights: Ownership of the physical artwork transfers to the Buyer upon full payment and delivery. However, copyrights (including the right to reproduce, print, or commercially exploit images of the artwork) remain exclusively with the Artist. The Buyer is prohibited from creating commercial reproductions or replicas.

7.3. The Operator reserves the right to delete any post, comment, or media from the community space at any time if it violates guidelines, public morals, or infringes third-party rights.

8.1. Consumer Buyers (individual persons not purchasing on behalf of a business) have the right to withdraw from the physical artwork purchase contract without giving any reason within 14 calendar days of receiving the shipment.

8.2. The Buyer exercises the right of withdrawal directly against the Seller (Artist), whose contact details are provided in the order confirmation email. The Buyer may use the statutory model withdrawal form: Download Model Withdrawal Form (PDF). The Buyer shall return the artwork to the Artist's address undamaged, in original or equivalent protective packaging.

8.3. Return Shipping Costs: The costs associated with returning the artwork (shipping, insurance) are borne entirely by the Buyer. Artworks returned cash-on-delivery (COD) will not be accepted by the Artist.

8.4. Upon receiving the artwork in undamaged condition, the Artist must refund the purchase price to the Buyer within 14 days using the same payment method as the original transaction (or via bank transfer).

8.5. Warranty claims for defects in the artwork are governed by applicable Civil Code provisions and must be directed to the respective Artist.

9.1. These Terms and all contracts formed through the platform are governed by the laws of the Slovak Republic.

9.2. In the event of a dispute, Buyers and Artists agree to first seek an amicable resolution through the platform's chat feature. The Operator may act as an informal mediator, but assumes no legal liability for fulfillment of the parties' contractual obligations.

9.3. Consumer Buyers have the right to contact alternative dispute resolution (ADR) bodies (such as the Slovak Trade Inspection - SOI) to resolve consumer disputes out of court. Consumers can also use the European Commission's Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr.

9.4. Personal Data Protection (GDPR): Processing of personal data on Artify is governed by Regulation (EU) 2016/679 (GDPR) and applicable data protection laws. Detailed information regarding processed data categories, legal grounds, processors, and data subject rights is available in our dedicated document: Privacy Policy (GDPR).

9.5. The Operator reserves the right to modify these Terms at any time. Modified terms will be published on the website and take effect on the day of publication.

These Terms and Conditions are valid and effective as of August 4, 2026.