Terms and Conditions

Our House Rules / Terms of Use

Terms of Use

Welcome to Galleri SoHo. We’re delighted to have you here. Please make yourself at home and enjoy your time, but we kindly request that you adhere to our community guidelines.

1. Acceptance of These Terms

These Terms of Use (referred to as the “Terms”) are a binding agreement between you and Galleri SoHo. If you reside in Europe or elsewhere, this agreement is with Ghada Zaky Enskild firm, operating under the brand name Galleri SoHo. Throughout these Terms, we’ll refer to the company as “Galleri SoHo.”

Please note that Section 11, titled “Disputes with Galleri SoHo,” contains an arbitration clause and a class action waiver. By agreeing to these Terms, you consent to resolve any disputes through binding individual arbitration, relinquishing your right to have such disputes decided by a judge or jury, and waiving participation in class actions, class arbitrations, or representative actions.*

These Terms outline your rights and responsibilities when using gallerisoho.se, our mobile apps, and other services provided by us, collectively referred to as “Services.” Therefore, it is crucial to carefully review these Terms. By using any of our Services, even simply browsing our websites, you indicate your agreement with these Terms. If you do not agree with these Terms, you should refrain from using our Services. If you agree, please continue reading.

2. Reference to Other Documents

Galleri SoHo Services connects people worldwide, both online and offline, enabling the creation, sale, and purchase of unique goods. Below, you’ll find a helpful guide explaining the specific rules relevant to you, based on your use of the Services:

• Our House Rules for Everyone: If you use any of our Services, you are bound by these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
• Our House Rules for Sellers: If you list items for sale through our Services, these policies apply to you. They can be found here.
• Our House Rules for Buyers: If you use our Services to browse or shop, these policies apply to you. They can be found here.
• Our House Rules for Third Parties: These policies apply to intellectual property owners, home stylists, affiliates, Curators, and anyone requesting information from Galleri SoHo.

All of these policies are integral parts of our Terms, so it’s essential to review those relevant to your use. Of course, we encourage you to read the entire document as it applies to all users.

3. Your Privacy

We understand that your personal information is important to you, and it’s equally important to us. Our Privacy Policy outlines how we use your information when you use our Services. By using our Services, you agree to the processing of your information as detailed in the Privacy Policy, which you can access here.

Both Galleri SoHo and sellers process members’ personal information (such as buyer names, email addresses, and delivery addresses) and are considered separate and independent data controllers of buyer personal information under EU law. This means that each party is responsible for the personal information it processes while providing the Services. For instance, if a seller accidentally discloses a buyer’s name and email address while fulfilling another buyer’s order, the seller, not Galleri SoHo, is responsible for that unauthorized disclosure.

However, if Galleri SoHo and sellers are jointly considered data controllers of buyer personal information, and if Galleri SoHo incurs expenses due to your actions as a joint data controller of buyer personal information, you agree to indemnify Galleri SoHo for these expenses. For more information on your indemnification obligations, please refer to Section 9, titled “Indemnification (or What Happens If You Get Us Sued).”

4. Your Account with Galleri SoHo

To access some of our Services, you’ll need to create a Galleri SoHo account. Here are a few important rules regarding Galleri SoHo accounts:

A. Age Requirement: You must be 18 years or older to use our Services. Minors aged 13 to 17 may use our Services through an account owned by a parent or legal guardian with appropriate permission and direct supervision. Children under 13 are not permitted to use Galleri SoHo or the Services. You are responsible for any account activity conducted by a minor on your account, and you should consider limiting a minor’s access to online material.

B. Honesty: Provide accurate information about yourself. Using false information or impersonating another person or company through your account is prohibited.

C. Account Name: If you choose not to use your full name for your account, please avoid using offensive, vulgar, infringing, or otherwise Terms-violating language.

D. Account Responsibility: You are solely responsible for all activity on your account. If you share an account with others, the person whose financial information is on the account will be responsible for all activity. If you register as a business entity, you guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are non-transferable.

E. Password Protection: Safeguard your account password. As mentioned earlier, you are solely responsible for all activity on your account, so it’s crucial to keep your password secure. Refer to this Help article for tips on enhancing your account security.

F. Clear Relationship: These Terms do not establish an agency, partnership, joint venture, employment, or franchisee relationship between you and Galleri SoHo.

Vendor account:

-For the first 3 months, Galleri SoHo will not charge any extra fees or commission on sold items only the package fees.

-After the first 3 months Galleri SoHo Charges a 10% commission plus the membership fees.

– If you are obligated to pay VAT kindly include it when you are uploading your product and you pay VAT in your country

-If you can´t upload the products yourself, no problem we can help upload the products including mockup pictures (20€ for up to 10 products)

-The shipment fees are covered by the customer, But you are responsible to pack and ship the orders.

-You can upload products that are made on demand please write it in the product information and also the production time.

– If the item is made by order there is no refund for the customer unless the items are damaged otherwise please check our terms & conditions.

– You can change or upgrade your membership at any time and add any service you need.

-The membership will be renewed automatically, so if you would like to pause or end your membership please tell us one month before.

By submitting as a vendor you accept and agree to our terms and conditions written above.

Home artist membership:

-Galleri SoHo Charges a 15-30% commission plus the membership fees depending on the agreement

-Documentation:
 The artist must provide the following information on or before

1. Product name, material, size, and price for making price tags

2. a short combined artist statement and biography  

3. Photos of the products 

Or any necessary information that the customers ask about

-Installation:

 Example information: The artist/brand will be responsible for having its products ready for purchase.  It is up to the Artist to provide special installation materials as required or all materials are provided.

Removal of products during the exhibition is permitted only with Notice or if the item is sold

Product Drop off Dropped to  Vallhallagatan20,72460 Västerås

-Transportation of Products: 

It’s the Artist’s responsibility to deliver, transport, and return products to and from the gallery, for the sold items the buyer is responsible for covering the fees.

-Pricing: The list price for each product should include all required taxes (e.g.VAT if applicable). To maintain consistency please round up values. For example, $239.49 should be listed as $240.00.  

-Duration and Termination :
The home artist membership agreement is for an initial 3- 6 months with a one-month termination notice. if the gallery doesn´t receive a termination notice the membership will be renewed automatically, so if you would like to pause or end your membership please tell us one month before the last day of your membership. for example, if your membership will end on the 26th of May, the gallery must receive a notice before the 26th of April.

-The Home Artist membership fees should be paid quarterly or in full and in advance before the due date written on the invoice.

-Promotional Material: All promotional materials (i.e. reception invitations) must be approved by Galleri  SoHo before final printing and distribution if they include our logo and information

-Copyright: Galleri SoHo will not reproduce or authorize reproductions of the products for purposes of sales, rental, loan, or distribution of any kind without the written permission of the artist 

Force Majeure: 

In the event of the performance of this agreement or any part thereof on the part of the Artist or  Galleri SoHo shall be delayed or prevented by physical disability, the acts or regulations of duly constituted public authorities, strikes, civil tumult, epidemic, interruption or delay of transportation services or other causes beyond their respective control, each shall be relieved of their respective obligations hereunder during the period such prevention or delay exists. It is understood and agreed that there shall be no claim for damages by either party hereto for any such prevention or delay. Amendments: All amendments and modifications to this agreement will require the written consent of both parties. 

-For the sale transactions will be handled by the gallery, and should be transferred within 30 days after the sale into the artist/brand mentioned bank account, and a full statement of sales should be emailed to the Artist/ Brand

By joining as a home artist member you accept and agree to our terms and conditions written above.

5. Your Content

Any content you post using our Services is considered “Your Content,” and we make no claims to it. This includes everything you post on our Services, such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, and more.

A. Responsibility for Your Content: You are solely responsible for Your Content. You assert that you have all necessary rights to Your Content and that posting it does not infringe upon or violate any third party’s rights.

B. Permission to Use Your Content: By posting It through our Services, you grant Galleri SoHo a license to use it. We do not claim ownership of Your Content, but we have your permission to use it to facilitate the operation and growth of Galleri SoHo. For example, this allows us to display your content to potential buyers, optimize it for mobile app viewing, and translate it for international buyers. You acknowledge and agree that Galleri SoHo may offer promotions related to your listings on the Site from time to time.

C. Rights Granted to Galleri SoHo: By posting Your Content, you grant Galleri SoHo a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and create derivative works based on Your Content. This allows us to provide the Services and promote Galleri SoHo, your Galleri SoHo shop, or the Services in various formats and through various channels, including on other Galleri SoHo Services, through our partners, or on third-party websites or advertising platforms. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also acknowledge our legitimate interest in using Your Content within the scope of this license, particularly if it contains personal information.

In cases involving exclusive representation contracts with artists, different terms may apply.

6. Your Use of Our Services

License to Use Our Services: We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms and specific restrictions, including:

A. Compliance with Laws: You agree not to violate any laws in connection with your use of our Services, including local, state, federal, and international laws. This includes obtaining necessary permits or licenses for your shop and adhering to applicable legal requirements in your jurisdiction, such as age verification for item delivery where required by law. You may not sell items that violate any laws, engage in fraudulent activities, or commit theft, anti-competitive conduct, threatening behavior, or other unlawful acts or crimes against Galleri SoHo, its users, or third parties.

B. Payment Obligations: You are responsible for paying all fees owed to Galleri SoHo and for collecting and/or paying any applicable taxes related to your purchases or sales on our Services, unless stated otherwise in specific cases, such as the collection of value-added tax (VAT). Please refer to our Fees & Payments Policy for details on fees, bills, taxes, and payment methods.

C. Prohibited Actions: You agree not to crawl, scrape, or spider any Service pages or attempt to reverse engineer or obtain the source code of our Services. If you intend to use our API, please adhere to our API Terms of Use.

D. No Harm to Our Systems: You agree not to disrupt or interfere with our Services, such as by distributing viruses or other harmful computer code.

E. Trademark Policy: Our trademarks, including “Galleri SoHo” and other SoHo-related marks, are protected intellectual property. If you wish to use our trademarks, please follow our Trademark Policy.

F. Sharing Ideas: We welcome your suggestions and ideas to improve our Services. Any unsolicited ideas or materials you submit to Galleri SoHo (excluding Your Content or items you sell) are considered non-confidential and non-proprietary. You grant us a license to use and publish those ideas and materials without compensation to you.

G. Electronic Communications: By using our Services, you agree to our Electronic Communications Policy, which allows us to send you legal information electronically instead of in paper format.

7. Termination

Termination By You: You may terminate your Galleri SoHo account at any time through your account settings. Termination will not affect the availability of Your Content posted before termination, and any outstanding bills must still be paid.

–Termination of your Vendor membership on Gallerisoho.se: All our memberships are renewed automatically so if you want to change, pause, or cancel your membership you need to notify us one month before the automatic renewal (same date you became a member), you can write an email to: info@gallerisoho.se in case of termination any outstanding bills must still be paid before we can terminate your account.

Termination By Galleri SoHo: Galleri SoHo may terminate or suspend your account and access to the Services if we believe your actions, content, or use of the Services violate these Terms. You acknowledge that you have no contractual or legal right to continue using our Services upon termination. Galleri SoHo may notify you of termination or suspension unless we have legal or regulatory reasons preventing notification.

Discontinuation of Services: Galleri SoHo reserves the right to change, suspend, or discontinue any Services at any time, for any reason, as outlined in our policies under these Terms of Use. We are not liable for any consequences resulting from such changes.

Survival: These Terms will remain in effect even after your access to the Service is terminated or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase: Galleri SoHo does not manufacture, store, or inspect items sold on our Services. We are not responsible for the quality, safety, legality, or any legal claims related to items purchased through our Services. Any legal claims regarding purchased items must be directed to the seller. You release Galleri SoHo from liability related to items sold on our Services, including defective items, seller misrepresentations, or items causing physical injury.

Content You Access: You may encounter offensive or inappropriate materials while using our Services. Galleri SoHo makes no representations regarding user-posted content and is not responsible for its accuracy, copyright compliance, legality, or decency. You release Galleri SoHo from liability related to such content.

People You Interact With: Our Services allow interactions with other individuals, online or in person. Galleri SoHo does not screen users, and you release us from liability related to interactions with other users. Use caution and good judgment, especially in in-person meetings. Refer to our advice on handling in-person meetings in this Help article.

Third-Party Services: Our Services may contain links to third-party websites or services not owned or controlled by Galleri SoHo. When accessing third-party services, you do so at your own risk, and third parties may have their own terms of use. Galleri SoHo is not a party to those agreements.

Gift Cards and Promotions: You acknowledge that Galleri SoHo does not warrant Gift Card balances and is not responsible for unauthorized access, alteration, theft, or destruction of Gift Cards or Gift Card codes. Galleri SoHo may suspend or prohibit Gift Card use in certain situations. If your Gift Card code ceases to work, our remedy is to issue you a replacement code. By participating in special offers or promotions, you agree not to later claim ambiguity in their rules.

Warranties: Our Services are provided “as is” without warranties, express or implied, including title, non-infringement, merchantability, fitness for a particular purpose, and performance. We do not guarantee the security, availability, error correction, or virus-free nature of our Services, nor that they meet your expectations. You use our Services at your own risk.

Liability Limits: To the fullest extent permitted by law, Galleri SoHo and its employees or directors shall not be liable for lost profits, revenues, or consequential, incidental, indirect, special, or punitive damages arising from the Services or these Terms. In no event shall Galleri SoHo’s aggregate liability for any damages exceed the greater of $100 USD or the amount paid to Galleri SoHo in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so these limitations may not apply to you.

9. Indemnification (or What Happens If You Get Us Sued)

In the event that Galleri SoHo is sued due to your actions, your use of the Services, your breach of these Terms, or infringement of someone else’s rights by you or your account, you agree to defend and indemnify Galleri SoHo, including its employees, against any legal claims or

demands, including reasonable legal fees.

Galleri SoHo reserves the right to handle its legal defense at its discretion, even if you are indemnifying us, and you agree to cooperate with us in this regard.

10. Disputes with Other Users

If you have a dispute with another user of Galleri SoHo’s Services or a third party, we encourage you to try to resolve it amicably.

• Case System: Buyers and sellers with disputes related to transactions on our platforms may participate in our case system. Galleri SoHo will attempt to help resolve disputes based on our policies and discretion, without making legal judgments. Galleri SoHo has no obligation to resolve disputes.
• Release of Galleri SoHo: You release Galleri SoHo from any claims, demands, or damages arising from disputes with other users or parties.

11. Disputes with Galleri SoHo

If you have a dispute with Galleri SoHo, the following rules govern any legal dispute related to our Services:

• Governing Law: These Terms are governed by the laws of the State of Västmanland, Sweden, without regard to conflict of laws rules. These laws apply regardless of your location, but local consumer protection laws may also apply to you if you live outside Sweden.

12. Changes to the Terms

We may update these Terms periodically. We will notify you of material changes through the Services or email. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

• Superseding Agreement: These Terms, including our policies, supersede any other agreement between you and Galleri SoHo concerning our Services.
• Enforceability: If any part of these Terms is found unenforceable, it will be limited to the minimum extent necessary to maintain the remaining provisions’ validity. Our failure to enforce any part of the Terms does not waive our right to enforce other provisions later.
• Assignment: We may assign our rights and obligations under these Terms.

14. Contact Information

If you have any questions about the Terms, please email us at  info@gallerisho.se

*In some countries you may have additional rights and/or the preceding may not apply to you.

Privacy Policy

Here’s an updated privacy policy in compliance with the latest data protection laws in the European Union (EU) as of January 1, 2022:

Last Updated: September 4, 2023

1. Introduction

This privacy policy (“Privacy Policy”) outlines how Galleri SoHo, referred to as “we,” “us,” or “our,” collects, uses, shares, and manages your information and data when you use our online website, mobile website, application, digital service, or related products, services, sites, features, or functionality (each a “Service,” collectively the “Services”) that links to this Privacy Policy.

2. Privacy Principles

We are committed to recognizing and respecting your privacy rights, ensuring compliance with applicable data protection laws and regulations in the European Union (“EU”).

If you are located outside of the EU and choose to use our Services or provide your information to us, please note that your data may be transferred to, processed, and stored on servers, databases, or cloud storage facilities within the EU. By using our Services, you consent to these data practices. If you do not want your data transferred to or processed within the EU, please refrain from using our Services.

3. Information We Collect

a. Account Data You Provide: We may collect and process information you voluntarily provide when you register, download, or use our Services, including:

• Name
• Email Address
• Mailing Address
• Phone Number
• Interests
• User Name
• Password
• Other Registration Information
• Customer Support or Technical Information

b. User Profile Data: If you create a user profile, it may be visible to other users. Even if you set your profile as private, we may access and view the information you provide.

c. Public Data: Information you post publicly, such as reviews, comments, and user content, may be collected and used by us and other users of the Services.

d. Usage Data: We automatically collect data, including:

• Device Registration Data
• Device Settings
• Mobile Carrier
• Information about how you use the Services
• Requested and Referring URLs
• Location Data (collected through your device)
• Information collected through cookies and tracking technologies

4. How We Use Your Information

We use your personal information for various purposes, including:

• Providing, improving, and supporting the Services
• Communicating with you and providing important information
• Fulfilling our contractual obligations
• Marketing and promotions (with your consent)
• Advertising and third-party content (with your consent)
• Analytics services to understand how the Services are used

5. Legal Bases for Processing

In accordance with applicable Data Protection Laws, we rely on the following legal bases for processing your information:

• Contract performance
• Legitimate interests (to correspond with you, provide and improve the Services)
• Consent (for marketing and some analytics services)
• Legitimate interest (for certain analytics services)

6. Advertising and Third-Party Content

Our Services may include advertising, and we may work with advertisers and advertising networks to provide targeted advertising. We do not have control over third-party partners’ tracking technologies.

The Services may also contain links to third-party websites, and we are not responsible for their privacy practices. Please review their privacy policies when visiting such websites.

7. Do Not Track

If your browser allows “Do Not Track” requests, we will not disable tracking technology on our Services in response to these requests. You can manage your privacy preferences and cookie settings through your browser.

8. Location Data

You can control the collection and use of precise location data for location-based advertising purposes by adjusting your mobile device’s location services settings.

9. Analytics Services

We may work with third-party analytics companies to analyze your use of the Services. These analytics services may collect information to help us improve our Services.

10. Contact Us

If you have questions or concerns about our Privacy Policy or your personal data, please contact us through the information provided on our website.

This updated privacy policy aligns with the latest EU data protection laws and addresses key privacy and legal considerations. It’s crucial to regularly review and adapt your privacy policy to remain compliant with evolving regulations and to provide transparent information to your users.