Terms of Service

These Terms of Service ("Terms") govern the use of the Youngallery platform and the relationship between Youngallery and its users.

By accessing the platform or using its features, users agree to these Terms.

Youngallery is operated by:

Florian Winkler Stampfenmattstrasse 2 8909 Zwillikon Switzerland

Email: florian.michael.winkler@hotmail.com

Youngallery is an online platform for the presentation, mediation, and sale of artworks.

Youngallery provides the technical infrastructure and enables connections between artists and interested parties.

Certain features of the platform require the creation of a user account.

Users must be at least 16 years old or have the consent of their legal representatives.

Youngallery may request proof of age, identity, or other documentation at any time if this appears necessary to verify eligibility requirements, comply with legal obligations, or ensure the security of the platform.

Users are responsible for keeping their login credentials confidential and for ensuring their security.

Youngallery is aimed at young and up-and-coming artists.

New artist applications are generally accepted up to the completion of the applicant’s 35th year of age.

Artists who have already been admitted may keep their existing profiles. After completing their 35th year of age, they may generally no longer publish new artworks.

Youngallery may grant exceptions at its own discretion.

The admission of artists is entirely at the discretion of Youngallery. There is no entitlement to admission.

Youngallery may reject applications, suspend accounts, remove content, deactivate publications, or restrict access to the platform at any time.

Artists are responsible for all content they publish.

Artists confirm in particular that they hold all necessary rights to the uploaded content, that the published content does not infringe any third-party rights, that the information regarding artworks, prices, descriptions, and other details is accurate, and that the published content complies with applicable laws.

Users and artists are solely responsible for the content they publish, upload, or transmit.

Youngallery does not adopt content from users or artists as its own.

Youngallery is generally not obliged to review all content before publication or during its availability.

Youngallery may remove, deactivate, or restrict the visibility of content, artworks, profiles, or other publications at any time.

If Youngallery is subject to claims by third parties due to content, actions, or breaches of obligations by a user or artist, the respective user or artist undertakes to indemnify Youngallery against all claims, damages, losses, costs, and reasonable attorney and procedural fees.

This applies in particular to alleged or actual infringements of copyrights, trademark rights, personality rights, data protection rights, or other third-party rights.

Artists grant Youngallery a non-exclusive, worldwide, royalty-free licence to display, publish, promote, and market the uploaded content.

This includes use in particular on the platform, on social media, in newsletters, in advertising materials, and in editorial content about Youngallery.

The rights to the artworks remain with the respective artist.

The publication of AI-generated artworks is permitted.

The artist remains fully responsible for the legality of AI-generated content.

The following are prohibited in particular: copyright infringements, counterfeits, fraudulent content, hate speech, glorification of violence, pornographic content, unlawful content, and content that infringes third-party rights.

For sales mediated through the platform, Youngallery currently charges a commission of 10% of the sale price.

Youngallery reserves the right to adjust the amount of commissions or other fees in the future. The commission may range between 0% and 20% of the sale price.

Changes to commissions or fees will be communicated to affected users in an appropriate manner and apply exclusively to future sales. Sales already completed remain unaffected by such changes.

Payment processing is carried out through external payment service providers, in particular Stripe.

Youngallery may restrict or exclude certain users, countries, payment methods, or transactions where this appears necessary for legal, technical, or operational reasons.

Requests made through the “Price on Request” function do not constitute a binding offer or a purchase contract.

They serve exclusively as non-binding contact between interested parties and artists.

Shipping is generally carried out by the respective artist or by personal handover.

The artist is solely responsible for packaging, shipping, insurance, and delivery.

Youngallery assumes no responsibility for the shipping or handover of artworks.

Buyers and sellers are responsible for complying with all applicable customs regulations, import regulations, export regulations, tax obligations, and other legal requirements.

Youngallery is not the manufacturer, owner, or seller of the artworks offered.

Youngallery does not provide any guarantee or warranty in particular for authenticity, originality, quality, condition, genuineness, market value, increase or decrease in value, or suitability as an investment.

Unless required by mandatory law, there is no general right of return.

Any claims arising from transport damage, incorrect deliveries, or other mandatory statutory rights remain unaffected.

Youngallery may provide communication features between users.

Youngallery is not obliged to monitor messages or communication between users.

The deliberate circumvention of Youngallery to avoid fees or commissions in connection with transactions mediated through the platform is prohibited.

Youngallery does not guarantee sales, specific reach, visibility, inquiries, or commercial success.

Youngallery strives to ensure the highest possible availability of the platform.

However, uninterrupted, error-free, secure, or continuous availability cannot be guaranteed.

Maintenance, technical disruptions, or temporary outages may occur at any time.

To the extent permitted by law, Youngallery shall not be liable for direct or indirect damages, consequential damages, data loss, loss of profit, or other financial losses.

Liability for intent or gross negligence remains reserved where required by law.

Users may delete their account in accordance with the functions provided on the platform.

Youngallery may remove or anonymise public profile information.

Order, communication, transaction, and other data may continue to be stored where this is legally required, necessary for fraud prevention, necessary for handling disputes, or necessary for enforcing or defending legal claims.

Youngallery may amend or update these Terms at any time.

The version published on the platform at the time of use shall apply.

Swiss law applies exclusively, excluding conflict-of-law provisions.

To the extent permitted by law, the exclusive place of jurisdiction is the residence of the operator.

For questions regarding these Terms:

florian.michael.winkler@hotmail.com