Terms of Service

In these Terms, the following definitions apply:

• “Artist” means a User who has been approved by Noraé to list and sell Artworks on the Platform.
• “Artwork” means any visual art, including but not limited to paintings, prints, photographs, sculptures, and digital art, listed for sale on the Platform.
• “Collector” means a User who browses, purchases, or otherwise acquires Artworks through the Platform.
• “Content” means any text, images, artwork files, descriptions, reviews, comments, or other materials uploaded, posted, or otherwise made available on the Platform by a User.
• “Commission” means the percentage of the sale price retained by Noraé for facilitating a transaction.
• “Platform” means the website at norae.gallery, together with any associated applications, services, and features provided by Noraé.

By creating an account, accessing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific services. If you do not agree to these Terms, you must not use the Platform.

You represent and warrant that you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are acting on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

Noraé operates as an online intermediary platform (bemiddelingsplatform) that facilitates transactions between Artists and Collectors. Noraé is not a party to the sale agreement between the Artist and the Collector. The contract of sale for Artworks is concluded directly between the Artist (as seller) and the Collector (as buyer).

As an intermediary, Noraé:

• Does not take ownership of, produce, or inspect Artworks listed on the Platform.
• Does not guarantee the quality, authenticity, legality, originality, or condition of any Artwork, unless expressly stated otherwise for specific curated programmes.
• Does not guarantee that any Artwork description is accurate, complete, or current.
• Is not responsible for the performance of any obligation under the sale agreement between Artist and Collector, including delivery, returns, or refunds, except where mandated by applicable Dutch consumer protection law (Burgerlijk Wetboek Book 7, Title 1).

Notwithstanding the above, where Noraé qualifies as a provider of an online platform within the meaning of the Digital Services Act (Regulation (EU) 2022/2065), Noraé shall comply with its obligations thereunder.

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated.
• Maintain the confidentiality of your account credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account, whether or not authorised by you.
• Notify us immediately at legal@norae.gallery of any unauthorised use of your account or any other security breach.

Noraé reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, with or without notice, for any reason including but not limited to violation of these Terms, suspected fraud, or conduct that is harmful to other Users or the Platform. Where we terminate or suspend an account, we will provide a statement of reasons and, where required by the Digital Services Act, an opportunity to appeal.

5.1 Ownership

Artists retain full ownership of the intellectual property rights in their Artworks. Nothing in these Terms transfers ownership of any Artwork or its underlying intellectual property to Noraé.

5.2 Licence grant to Noraé

By uploading Artworks or other Content to the Platform, you grant Noraé a non-exclusive, worldwide, royalty-free, sublicensable, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform such Content, in whole or in part, in any media format and through any media channel, for the following purposes:

• Displaying and promoting the Artwork on the Platform, including thumbnails, previews, and search results.
• Marketing, advertising, and promotional activities for the Platform, including social media campaigns, newsletters, print materials, exhibitions, partner collaborations, and press releases.
• Internal analytics, machine learning model training, and Platform improvement purposes.
• Sublicensing to third-party marketing partners, media outlets, and distribution channels solely in connection with the promotion of the Platform and the Artist’s work.

This licence survives termination of your account with respect to Content published during the term of your account, solely for archival, legal compliance, and continued marketing use of materials created prior to termination.

5.3 Artist representations

By listing an Artwork, you represent and warrant that:

• You are the sole creator of the Artwork or hold all necessary rights and licences to sell the Artwork and grant the licence in Section 5.2.
• The Artwork does not infringe any third party’s intellectual property rights, privacy rights, or any other rights.
• The Artwork complies with all applicable laws and does not contain unlawful, defamatory, or obscene material.
• All information provided regarding the Artwork (including title, medium, dimensions, condition, and provenance) is accurate and not misleading.

5.4 Pricing & availability

Artists set their own prices for Artworks. Noraé may provide pricing suggestions but does not dictate prices. Artists are responsible for ensuring that prices include applicable taxes (including VAT where required) and comply with applicable pricing regulations. Noraé reserves the right to remove listings that it deems, at its sole discretion, to be inappropriately priced, misleading, or otherwise non-compliant with Platform guidelines.

6.1 Purchasing

When you purchase an Artwork through the Platform, you enter into a direct contract of sale with the Artist. Noraé facilitates the transaction but is not the seller. Your payment constitutes an offer to purchase, and the sale is concluded when the Artist (or Noraé on the Artist’s behalf) confirms the order.

6.2 Right of withdrawal (herroepingsrecht)

If you are a consumer within the meaning of Dutch law, you may have a right of withdrawal in accordance with Art. 6:230o of the Burgerlijk Wetboek (BW). The right of withdrawal allows you to cancel the purchase within fourteen (14) days of receiving the Artwork, without giving any reason. To exercise this right, you must inform the Artist (via the Platform) of your decision by an unambiguous statement.

The right of withdrawal does not apply to Artworks that are custom made, personalised, or clearly tailored to the Collector, or to sealed goods that have been unsealed after delivery where unsealing renders return impractical for hygiene or protection reasons, in accordance with Art. 6:230p BW.

6.3 Shipping & delivery

Shipping is arranged by the Artist or by Noraé on the Artist’s behalf, depending on the arrangement. Delivery times are estimates only and are not guaranteed. Risk of loss or damage passes to the Collector upon delivery, or upon handover to the carrier if the Collector has arranged their own shipping. Where Noraé arranges shipping for consumer purchases, the risk passes upon physical delivery to the Collector, in accordance with Art. 7:11 BW.

6.4 Returns & refunds

Returns and refunds are subject to the Artist’s individual return policy and applicable consumer protection laws. Where the statutory right of withdrawal applies, the Collector shall return the Artwork in its original condition and packaging at their own expense, unless otherwise agreed. Refunds will be processed within fourteen (14) days of the Artist receiving the returned Artwork.

All payments are processed through Stripe. By using the Platform, you agree to Stripe’s terms of service.

• Noraé retains a Commission on each sale, the current rate of which is displayed to Artists in their dashboard prior to listing. Noraé reserves the right to modify Commission rates with thirty (30) days’ prior notice.
• Artists receive the sale price minus the Commission and any applicable payment processing fees. Payouts are made in accordance with the payout schedule displayed in the Artist dashboard.
• All prices displayed on the Platform are in euros (€) unless otherwise indicated. Prices are inclusive of VAT where required by law.
• Noraé reserves the right to hold, delay, or reverse payouts where it reasonably suspects fraud, chargebacks, or violations of these Terms.
• Artists are solely responsible for any tax obligations arising from their sales, including income tax, VAT, and any other applicable taxes.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms.
• List, sell, or promote counterfeit, stolen, or misattributed Artworks.
• Infringe the intellectual property rights, privacy rights, or other rights of any third party.
• Upload Content that is defamatory, obscene, threatening, discriminatory, or otherwise objectionable.
• Interfere with or disrupt the Platform’s infrastructure, security, or other Users’ access.
• Use automated means (bots, scrapers, crawlers) to access the Platform without our express written permission.
• Attempt to circumvent any security measures, rate limits, or access controls.
• Engage in price manipulation, shill bidding, or any form of market manipulation.
• Circumvent the Platform to complete transactions directly with other Users to avoid Commission payments.
• Impersonate another person or entity or misrepresent your affiliation with any person or entity.

Noraé reserves the right to investigate and take appropriate action against any User who violates these prohibitions, including removing Content, suspending or terminating accounts, and reporting illegal activity to the relevant authorities.

All intellectual property rights in the Platform, including but not limited to the website design, logos, trademarks, trade names (including “Noraé”), source code, software, databases, and all related content created by Noraé, are and remain the exclusive property of Noraé B.V. or its licensors.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any Platform content or intellectual property without the prior written consent of Noraé, except as expressly permitted by these Terms or applicable law (including exceptions under the Dutch Copyright Act, Auteurswet).

10.1 User responsibility

You are solely responsible for all Content you upload, post, or otherwise make available through the Platform. Noraé does not endorse, verify, or assume any liability for User Content.

10.2 Moderation

Noraé reserves the right, but has no obligation, to monitor, review, edit, or remove any Content at its sole discretion, including Content that violates these Terms, is objectionable, or poses a risk to the Platform or its Users.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Noraé B.V., its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Platform or any Content you provide.
• Your breach of these Terms or any applicable law.
• Your violation of any third party’s rights, including intellectual property rights or privacy rights.
• Any dispute between you and another User or third party arising from a transaction facilitated through the Platform.

This indemnification obligation survives termination of your account and these Terms.

To the maximum extent permitted by Dutch law (including Burgerlijk Wetboek Book 6):

• No liability for indirect damages: Noraé shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of or inability to use the Platform, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if Noraé has been advised of the possibility of such damages.
• Cap on direct damages: Noraé’s total aggregate liability for any and all claims arising out of or related to the Platform or these Terms shall not exceed the greater of (a) the total fees paid by you to Noraé in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred euros (€100).
• Artwork transactions: Noraé is not liable for the quality, safety, legality, authenticity, or condition of any Artwork listed on the Platform, nor for the ability of Artists to complete sales or Collectors to complete purchases. Any dispute relating to an Artwork transaction is between the Artist and the Collector.
• Third-party services: Noraé is not liable for any acts or omissions of third-party service providers, including payment processors, shipping companies, and hosting providers.

Nothing in these Terms excludes or limits Noraé’s liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under Dutch law, including mandatory consumer protection provisions.

The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable Dutch law, Noraé expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, Noraé does not warrant:

• That the Platform will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
• That any information provided on the Platform is accurate, reliable, complete, or current.
• That any Artwork is authentic, accurately described, or of a particular quality or value.
• That results obtained through the Platform will meet your expectations.

These disclaimers do not affect any mandatory statutory rights you may have as a consumer under Dutch law, including the conformity requirements of Art. 7:17 BW (for goods) and the Digital Content Directive as implemented in Dutch law.

User termination: You may terminate your account at any time by contacting us at legal@norae.gallery or through the account settings on the Platform. Termination does not affect obligations incurred prior to termination, including pending transactions and outstanding payments.

Noraé termination or suspension: We may suspend or terminate your account and access to the Platform at our sole discretion, with or without cause, and with or without prior notice. Grounds for termination or suspension include, but are not limited to:

• Breach of these Terms or any applicable law.
• Suspected fraud, abuse, or conduct harmful to other Users or the Platform.
• Extended periods of account inactivity.
• Requests by law enforcement or other governmental authorities.
• Discontinuation or material modification of the Platform or any part thereof.

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall survive, including Sections 5.2 (IP Licence), 10.3 (Indemnification), 11 (Limitation of Liability), 12 (Disclaimers), and 16 (Dispute Resolution).

Where applicable, we will provide a statement of reasons for suspension or termination and an opportunity to clarify or appeal, in accordance with the Digital Services Act.

Noraé reserves the right to modify these Terms at any time. We will provide at least thirty (30) calendar days’ prior notice of material changes by posting the revised Terms on the Platform and, where appropriate, by sending a notification to the email address associated with your account.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must stop using the Platform and terminate your account before the effective date of the changes.

Non-material changes (such as typographical corrections or clarifications) may be made without advance notice.

Noraé shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control (overmacht within the meaning of Art. 6:75 BW), including but not limited to:

• Natural disasters, epidemics, pandemics, or acts of God.
• War, terrorism, civil unrest, sanctions, or embargoes.
• Government actions, legislation, or regulations.
• Failure of third-party services, including internet service providers, cloud hosting, payment processors, and telecommunications networks.
• Power outages, cyberattacks, distributed denial-of-service attacks, or other security incidents.
• Labour disputes, strikes, or shortages of materials.

In the event of a force majeure event exceeding sixty (60) consecutive days, either party may terminate the affected obligations by written notice to the other party, without liability.

16.1 Governing law

These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

16.2 Arbitration (business Users)

Any dispute arising out of or in connection with these Terms between Noraé and a User acting in the exercise of a profession or business shall be submitted to binding arbitration administered by the Netherlands Arbitration Institute (NAI) in Amsterdam, conducted in the English language, in accordance with the NAI Arbitration Rules. The arbitral tribunal shall consist of a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Jurisdiction (consumers)

If you are a consumer within the meaning of Dutch law, the mandatory consumer protection provisions of the law of your country of residence apply to the extent they offer more protection than Dutch law. Any dispute shall be submitted to the competent court in Amsterdam, the Netherlands, without prejudice to your right to bring proceedings before the court of your place of residence as provided by the applicable consumer protection rules (including Regulation (EU) 1215/2012, Art. 18).

16.4 Online dispute resolution

In accordance with Regulation (EU) 524/2013, we inform you that the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged and currently do not participate in dispute resolution proceedings before a consumer arbitration body.

• Entire agreement: These Terms, together with the Privacy Policy and any supplementary terms, constitute the entire agreement between you and Noraé with respect to the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. All remaining provisions shall continue in full force and effect.
• No waiver:The failure of Noraé to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Noraé.
• Assignment: Noraé may assign or transfer its rights and obligations under these Terms to any third party without your prior consent. You may not assign or transfer your rights or obligations without Noraé’s prior written consent.
• Notices:All notices from Noraé to you may be sent to the email address associated with your account. All notices from you to Noraé must be sent to legal@norae.gallery.
• No third-party beneficiaries: These Terms do not confer any rights on any third party unless expressly stated otherwise.
• Language: These Terms are drafted in English. In the event of a conflict between the English version and any translation, the English version shall prevail.

For questions, concerns, or legal inquiries regarding these Terms, please contact us: