Terms of Use

1. About KyivGallery and Service we render

KyivGallery is a marketplace operated by MB «Techmenas» duly incorporated and registered under the laws of the Republic of Lithuania as an online art gallery (hereinafter referred to as «KyivGallery», «Marketplace» or «We»). Our main mission is to assemble the most talented Ukrainian artists and to introduce their creations to the world. The artworks of Ukrainian authors (paintings, graphics, and sculptures) are displayed on our Marketplace.

We provide Ukrainian artists with an opportunity to publish their Artworks on our Marketplace and to find Purchasers for their Artworks. Consequently, all the Marketplace visitors may view the published Artworks and buy the one they like.

2. Definitions

KyivGallery website is https://kyiv.gallery, which is owned and administered by MB «Techmenas».

Artist – a person, who has his/her Profile on the Marketplace and whose Artworks are displayed on the Marketplace.

Work – any painting, graphic, sculpture etc. submitted for publishing on the Marketplace.

Artwork – any painting, graphic, sculpture etc. published on the Marketplace.

Profile – an information about Artist and his/her Artworks, which are visible to the public.

Purchaser – a visitor of the website, who has expressed her/his interest in buying any of the Artworks.

Order – a request of a Purchaser to buy certain Artwork(s) subject to terms and conditions specified on the Marketplace, which is made by creating a request via website.

User – an Artist, Purchaser or any other visitor of the Marketplace.

3. The legal nature of the relations established between the Users and the Marketplace through the usage of the Marketplace by the Users

Nothing in this Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between the Artist and the Marketplace or between the Purchaser and the Marketplace.

4. If you are a potential Artist

4.1. Eligibility criteria and Profile registration

Every potential Artist who is interested in cooperation with us shall meet the following requirements to be eligible to start cooperation:

We cooperate with Ukrainian Artists directly, as well as with representatives of Ukrainian Artists but only with those who have the rights of certain Artists representation (power of attorney, contract, etc.). The official representatives have the same obligations in KyivGallery, as the Artists, may receive payments in case of Artists confirmation in power of attorney, agreement etc. But only the authors have the exclusive property rights before they sell the Artwork to the Purchaser.

Potential Artist is a person who is 18 years old or older. By accessing and expressing interest in cooperation with us you represent and warrant that you are 18 years old or older.

To start cooperation, a potential Artist shall undergo registration by completing the registration form on our Marketplace.

The following information should be provided in the registration form: first name, last name, email, phone number, education, exhibitions and awards. Potential Artists also shall upload 5 (five) Artworks and provide a description to them (name, medium, material, size, year of creation and price). All submitted applications are examined within 1-2 working days. If we are interested in cooperation with you, we will contact you.

Once a user application is approved, the user will have his/her own Profile on the Marketplace.

4.2. Profile management

You will be able to access Profile by using your email and the password. KyivGallery sends the passwords to Users with full access. For better security, Users should change their passwords upon access receipt. You are responsible for safeguarding your password and therefore you take sole responsibility for any activities or actions under your Profile. The Marketplace may make any changes to the visible Profile.

You will be able to update/add information about you and add new works to the Marketplace using your Profile. The part of the information such as your name and your professional background, as well as your Artworks and their description is open to the public, i.e. it is visible for all visitors of the Marketplace. This visible part is hereinafter called visible Profile information. It consists of three sections – Information (name, education, professional background of the author, its place of birth, place of living and work), Reviews and Artworks with description. By providing such information you agree that it may be open to the public.

We assure that your mobile phone, email, address and such other personal information we may require from you (i.e. passport/ID card details, TIN) will not be displayed in visible Profile information, this information will be protected, and will not be provided to third parties.

4.3. The terms of Artworks moderation on the Marketplace

To add your Work to the Marketplace you shall upload photos of it in good resolution and write proper description (name, medium, material, size, year of creation and price) to it. It is your responsibility to ensure that all descriptions submitted to the Marketplace represent the works offered for sale accurately.

You are not allowed to give false information about the Work, to conceal its defects or to upload photos of Work’s copies instead of original.

By submitting Works for publishing, you acknowledge and warrant that you are a sole and exclusive owner of the Work and that you have all exclusive intellectual property rights to it.

Once you have uploaded your Work, the Marketplace will review this certain work (it takes 1–2 business days) and, if it meets all the requirements, it will be published on the Marketplace and displayed in your Profile.

4.4. Remuneration for the Marketplace

Users should pay for the intermediary services rendered to him/her by the Marketplace in case of the deal between the Users. The amount of the intermediary fee is calculated in every separate case, depends on the cost of the Artwork, and will be deducted by the Marketplace from the payments for the Artwork to be received by the Artist.

4.5. Profile deletion

If the Artists would like to delete their Profiles and consequently their Profiles on the Marketplace they should send a request to KyivGallery and the Profile will be deleted during 5 working days.

The Profile deleting means the end of cooperation between the Artist and the Marketplace. However, Profile deleting does not affect any obligations, which have arisen for the Artist towards the Marketplace before the date of Profile deletion. It means that the Artist is still obliged to fulfill all the pending Orders, which were created and confirmed by Purchasers on the Marketplace until the date of the Profile deletion. The Artist is also obliged to pay all pending fees that are owed to the Marketplace on the date of Profile deletion. The Artist may make a new Profile in the future.

KyivGallery has the right to terminate or suspend Artist’s Profile and Artist’s access to the Services at any time, for any reason, and without advance notice. In this situation, Artist will lose all content and can’t sell on the Marketplace.

5. If you are a potential Purchaser

5.1. Placing an order and its processing by the Marketplace

Once you have decided to buy some Artwork listed on our Marketplace, you shall choose the «Buy» option on the page where the Artwork is listed. To create an Order you shall complete an order form where you are to state your name, surname, email address, phone number with country code and full delivery address. We will process the order, and will contact you within 1–3 business days to confirm and start delivery process it.

5.2. Cancellation of an Order

We may be able to cancel your order in certain circumstances before your Order is dispatched by your request. Please contact us through customer support service via the contacts on the site as soon as possible for Customer Service to advise if cancellation is available.

We also reserve the right to cancel any Order placed via the Marketplace if we have found out that the Artwork is out of stock or otherwise unavailable at the price listed via the Services, in such a case we will make a refund in 5 (five) working days if the payment was made.

KyivGallery couldn’t provide Services to the Users if their jurisdiction of residence or operating is North Korea, Iran, Iraqi, Crimea, Cuba, Myanmar, Libya and Syria, as well as in USA and countries from USA, CIS countries and EU sanction lists. KyivGallery couldn’t provide Services to the Users specified in USA, EU and Lithuanian suction lists. The Users from these countries couldn’t use KyivGallery Services.

6. The terms and conditions of the Artwork sale via the Marketplace

6.1. Terms and conditions of payment for the Artwork

The payment for the Artwork may be made online via the Marketplace payment page or by wire transfer (account details are to be specified in the invoice issued by the Marketplace). Once the Order has been confirmed, the Purchaser shall make payment for the Artwork. Please keep in mind that the price for the Artwork specified on the Marketplace does not include packaging and shipping costs. The Marketplace will transfer the funds for the Artwork to the Artist after deduction of the commission fee and after the Purchaser’s confirmation of Artwork receipt in the agreed condition and the finish of the 14-days return period in accordance with cl. 6.3.

All other alternative methods of payment for the Artwork, except the listed above, are to be discussed and agreed upon between the Marketplace, Artist and Purchaser on an individual basis.

The Authors should receive a retainer at the rate of 65% of the price displayed on the site after the Artwork sale. But if additional costs are used for the transportation of paintings, discounts, packaging, commissions for payment transfers, then 65% is calculated from the final amount, after all costs.

The Artists are solely responsible for payment of all taxes and fees in their country of residence relating to the Artworks selling, as well as for payments for Artworks delivery to the Purchasers.

In case the Artist sent us the picture, we demonstrated it or forwarded it to the Purchaser, and the Purchaser refused to buy, so the Artwork was not sold, we should return the Artwork to the Artists. The Artist is obliged to return the money received in full, if he/she has received them previously, while we bear the costs of returning the Artwork to the Artist.

6.2. Delivery of an Artwork to the Purchaser

Marketplace may organize the delivery but it doesn’t have any liability regarding it. Thus, the Artist is solely responsibility for preparing the shipment packaging of the Artwork, for extra cost from the Purchaser. The delivery service is responsible for the delivery (subject by their Terms of Use). The Purchaser is responsible for receiving / not receiving the order in case of proper delivery.

If the Purchaser does not pick up his order on time, he is charged payment for storage in the delivery service and / or the return of the Artwork to the Artist, taking into account the deduction of all payments for the remittance of money and Artwork.

Delivery cost is calculated based on the carrier's tariffs, for more detailed information on shipping / payment please contact customer support service via the contacts on the website in order to get more information. The terms of delivery depend on the carrier's Terms of delivery and chosen shipment package of the carriers.

The KyivGallery may apply a loyalty program related with delivery at their discretion, for example, it takes care of the shipping costs in Kyiv.

In the process of Order confirmation, packaging and shipping details are also specified. The packaging and shipping costs are not included in the price for the Artwork and should be paid by the Purchaser with payment for the Artwork, if applicable.

6.3. Return Policy

Free returns are available worldwide for all Artworks within 14 days after the shipment is delivery at pick-up point. The courier service is responsible for the delivery of the notice. If Artwork arrives damaged, the Purchaser shall send photos of these damages and the request will be processed by the Marketplace within one-two working days.

Return conditions

Refunds will be made to the account of the Purchaser from which the payment was made. We will process the refund as soon as possible, depending on payment method – within 7-10 working days (Monday to Friday excluding Lithuanian and Ukrainian public holidays) after we receive the Artwork back from you. Due to fluctuations in currency, exchange rates the amount refunded may be a bit higher or lower than the original price paid.

Marketplace may organize the delivery but it doesn’t have any liability regarding it.

Purchaser can’t make an exchange of the Artworks. Purchaser should make a refund of one Artwork firstly and then buy another one.

In the case of return the Artist is obliged to return the money received in full, if he/she has received them previously.

7. Intellectual property rights

By submitting his/her works for review the Artist gives his/her consent for public display of such works on the Marketplace and therefore confirms that neither of his/her copyrights are violated by the Marketplace.

By using our services, the Artists confirm that KyivGallery may use the photos of the Artworks in its any marketing materials (e.g., by posting on different backgrounds, in social networks, on site pages, etc.) without any additional agreements with the Artists and without prior notice.

The Artist acknowledges and warrants that he/she is a sole and exclusive owner of the work and that he/she has all exclusive intellectual property rights to it. The Artist acknowledges that the work submitted does not infringe, violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. Customers can’t post the information in their Profile if this posting will violate the copyright of the third party.

Nobody may copy, reproduce or make available to the public in any other way all content or any part of the KyivGallery’s content and services. Nobody may copy, collect, store, use and/or transmit the information (texts, photos, videos etc) from the website https://kyiv.gallery/ or from the emails and other messages from KyivGallery, if it is not expressly permitted. Nobody, except KyivGallery’s representatives, may use the information posted by Customers without their explicitly indicated permission.

8. Personal data processing

The Marketplace may use the information provided by the Users under the Privacy Policy. By providing the private information, Users agree that KyivGallery may use this information in the way we need to make our services more appropriate. To learn what personal data is collected by the Marketplace and how it is used please see our Privacy Policy.

9. Disclaimer

The Services of the Marketplace are provided «as is» without any warranty, either express or implied. You use our Services at your own will and risk. We are not responsible for and are not obliged to check and control the information provided to us by the Users or third parties or to check how and when our Users use the Services we provide.

We do not warrant that our services will be error-free, function without disruptions, delays or imperfections or will not be affected by computer viruses.

By using the website https://kyiv.gallery/ you agree that all deals (buying or selling) are carried out solely by you and you bear exclusive responsibility for their result.

Website https://kyiv.gallery/ may contain third party’s websites or services but we don’t own or control them. You may use these websites and services but you agree that KyivGallery has no responsibility for any results of this using. Users must understand that it is their own risk and liability. Third parties may use its own terms and conditions Users need to accept for using the services.

Only Users are liable for necessary equipment and access to the internet for using KyivGallery service. In addition, Marketplace has no responsibility for consequences of equipment and internet use.

KyivGallery may change provided Services, as well as suspend and terminate all or some of Services without advance notice at any time, for any reason. KyivGallery does not bear the responsibility for any consequences of these actions.

10. Indemnification

You agree to indemnify, and hold the Marketplace, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, reasonable legal fees, arising out of or in any way connected with your access to or use of the Services provided by the Marketplace or Marketplace Content; or your violation or alleged breach of these Terms; or any misrepresentation made by you (either on purpose or by accident).

11. Governing law and dispute resolution

The laws of Lithuania, without regard to conflict of law provisions, govern these Terms. Any claim or dispute, whether in court or in arbitration, unless they are resolved by means of negotiations or mediation, must be governed by the laws of Lithuania and be resolved in the courts of Lithuania.

Whenever any complaint or dissatisfaction arises you may contact us as hello@kyiv.gallery.

12. Modifications to these Terms of Use

The Marketplace reserves the right, at its sole discretion, to modify, suspend or terminate these Terms and consequently the terms of Services provision, at any time and without prior notice. If we modify these Terms, we will immediately post an updated version of the Terms of Use on the Marketplace and can provide as a notice thereof to all the Artists cooperating with us. The Marketplace has no responsibility if somebody doesn't get an email with changes notification. By continuing to access or use the Services after we have posted an updated version of the Terms of Use on the Marketplace or have provided you with a notice of modification, you acknowledge that you agree to be bound by the modified Terms as from the date of its modification.