Terms of Service

Effective: 1 January 2025 · Last updated: 1 January 2025 · Belgian law applies

These Terms govern your use of Arthusiasm.be, operated by Arthusiasm BV (Belgium). By using the Platform you agree to these Terms.

1. The Platform

Arthusiasm is an online marketplace connecting independent artists ("Sellers") with art collectors and enthusiasts ("Buyers"). We act as an intermediary and are not a party to any sale between users.

2. Accounts

  • You must be 18 or older to register.
  • You are responsible for keeping your password secure.
  • One account per person. Do not share your account.
  • You must verify your email before selling on the Platform.
  • We may suspend accounts that violate these Terms.

3. Buyers

When you purchase an artwork, you enter into a contract directly with the Seller. Arthusiasm facilitates the transaction but is not the seller of record.

  • All sales are final unless the item arrives damaged or materially differs from its listing.
  • Open a dispute within 14 days of receipt for eligible claims.
  • Shipping times and costs are set by individual Sellers.

4. Sellers

  • You must be the original creator or authorised rights holder of all listed works.
  • Listings must be accurate, include clear photographs, and state the price in EUR.
  • You are responsible for shipping, packaging, and providing tracking.
  • Sellers must complete Stripe identity verification before receiving payouts.
  • We reserve the right to remove listings that violate these Terms or applicable law.

5. Fees

Listing is free. When a sale completes, Arthusiasm charges a 12% commission on the sale price (excluding shipping). Stripe payment processing fees (~1.4% + €0.25 for EU cards) apply separately and are deducted before payout.

6. Payments

All payments are processed by Stripe. Arthusiasm does not store card details. Seller payouts are issued via Stripe Connect, typically within 2–7 business days after a completed sale. Payouts are made in EUR.

7. Prohibited Content

The following are not permitted on the Platform:

  • Counterfeit artworks or unauthorised reproductions
  • Content that infringes third-party intellectual property rights
  • Sexually explicit, violent, or hateful content
  • Items that are illegal to sell in Belgium or the EU
  • Misleading or fraudulent listings
  • Spam, phishing, or malicious content

8. Intellectual Property

Sellers retain copyright in their artworks. By listing on Arthusiasm, you grant us a non-exclusive, royalty-free licence to display your artwork images for the purpose of operating and promoting the Platform. This licence ends when your listing is removed.

9. Content Reporting (DSA Article 16)

In compliance with the EU Digital Services Act, any user may report illegal or policy-violating content using our reporting tool (flag icon on any listing or profile).

  • Reports are reviewed within 5 business days.
  • We notify both the reporter and the affected user of our decision.
  • Appeal decisions by emailing report@arthusiasm.be.
  • You may escalate unresolved disputes to the Belgian DPA or an EU-certified out-of-court settlement body.

10. Limitation of Liability

To the extent permitted by Belgian law, Arthusiasm is not liable for: indirect or consequential damages; the accuracy of listings; the quality or condition of items; disputes between Buyers and Sellers; or loss of data. Our total liability is limited to fees paid by you in the prior 12 months.

11. Privacy

Your personal data is processed in accordance with our Privacy Policy, in compliance with the GDPR.

12. Termination

You may close your account at any time by contacting us. We may suspend or terminate accounts for violations of these Terms, illegal activity, or fraud. Pending orders must be fulfilled before closure. Clauses 5, 8, 10, and 13 survive termination.

13. Disputes & Governing Law

These Terms are governed by Belgian law. For consumer disputes, you may use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr. For disputes between businesses, the courts of Antwerp, Belgium have exclusive jurisdiction.

14. Changes to These Terms

We may update these Terms. We will notify registered users by email at least 14 days before material changes take effect. Continued use of the Platform after that date constitutes acceptance.

15. Contact

Arthusiasm BV
[Registered address — to be completed]
Belgium

Email: legal@arthusiasm.be
Reports: report@arthusiasm.be