1.1 Subscription: the agreement between Auction House and Artwell for the use of the Platform, upon payment of the agreed subscription fee and charges per auction.
1.2 Account: a personal account that Auction Houses must have in order to use the Platform;
1.3 Advertisement: an advertisement on the Platform offering a Product or an Auction from an Auction House; 1.4 General Terms and Conditions: the link: https://www.artwell.nl/legal/terms-and-conditions applicable to the Auction Houses;
1.5 Artwell App: Artwell's mobile application that allows Users to access the Platform and its services;
1.6 Artwell Website: Artwell's website, accessible via www.artwell.nl, through which Users and Auction Houses gain access to the Platform and the associated services;
1.7 Content: texts, images, image recordings or other forms of information and data posted on the Platform;
1.8 Users: consumers using the Platform via the Artwell App;
1.9 Terms of Use B2B: these terms and conditions, applicable to the use of the Platform by Users. In addition to these Terms of Use for Auction Houses (B2B), there is also a set of Terms of Use for Users (B2B);
1.10 Agreement: the concluded agreement between Artwell and Auction House, which specifies the subscription fee chosen, as well as the terms and conditions met when the agreement is signed by the Auction House;
1.11 Platform: the Artwell Website and the Artwell App and the services associated with the use of this website and the app;
1.12 Products: the goods offered for sale through the Platform;
1.13 Auction House: the company specialising in organising and facilitating auctions, and offering products for sale through the Artwell App.
2.1 Artwell is a Platform. The Platform has been established by Artwell B.V., located at Loosdrechtse Bos 19 in Hilversum and registered with the Dutch Chamber of Commerce under KvK number 91266092 ('Artwell').
2.2 These Terms of Use apply to Auction Houses that subscribe to the Platform Artwell.
2.3 These Terms of Use apply to the use of the Platform Artwell by Auction Houses with effect from 24-10-2025.
2.4 By using this Platform, the Auction House agrees to these Terms of Use.
3.1 Artwell provides Auction Houses with access to its Platform. This enables Auction Houses to offer Products to Users who can make bids in respect of these Products via the Platform.
3.2 Auction houses can use various tools and functionalities for placing Products, managing auctions and communicating with Users.
3.3 Artwell facilitates contact between Auction Houses and Users, but is not a party to the purchase agreement between Auction House and User.
ARTICLE 4 Subscription and payment
4.1 For the use of the Platform, the Auction House pays a subscription fee, as agreed by agreeing to the Agreement.
4.2 A subscription is in principle concluded for a period of one (1) year.
4.3 In addition to the fee paid monthly by the Auction House to Artwell in compensation for the use of Artwell's services, the Auction House owes Artwell an amount of €500 per individual auction.
4.4 Invoicing and payment will take place in accordance with the arrangements made in the Agreement.
4.5 In the event of late payment, Artwell is entitled to block the Auction House's Account or otherwise suspend access to the Platform.
4.6 All amounts stated are exclusive of VAT, unless otherwise indicated.
5.1 Auction Houses must create an Account to use the Platform.
5.2 When creating an Account, the Auction House must provide accurate and up-to-date company information.
5.3 Auction houses create an Account on the Artwell Website. Here they can upload images of Products offered for sale, which will then be displayed by Artwell in the Artwell App as long as these products are still available.
5.4 Auction houses can generate posts for on social media using the AI tool on the Artwell Website.
5.5 Through the Platform, Auction Houses have access to the Bidding Module which allows bids on Products to be received, managed and accepted.
5.6 Artwell reserves the right to block or delete Accounts in the event of (suspected) inaccurate or incomplete information, or in the event of violation of (conditions of use) set by Artwell.
5.7 Auction houses may terminate the Account in accordance with the provisions under article 7 of these Terms of Use.
6.1 The Auction House guarantees that all Content and product information posted by it is correct, complete and up to date.
6.2 The Auction House will comply with all applicable laws and regulations when using the Platform.
6.3 The Auction House will not infringe any rights of third parties, including intellectual property rights.
6.4 The Auction House indemnifies Artwell for claims of third parties as a result of Content posted or Products offered by the Auction House.
7.1 The Subscription has the term of one year. The Auction House may terminate the Subscription in writing subject to one month's notice.
7.2 Artwell may terminate the Subscription with immediate effect in case of violation of the Terms of Use (B2B), the General Terms and Conditions (B2B) or the concluded Agreement between the Auction House and Artwell.
7.3 Upon termination of the Subscription, the Auction House's Account will be deactivated and all Content posted by the Auction House will be deleted, unless legal retention obligations stipulate otherwise.
8.1 Artwell reserves the right to amend these Terms of Use at any time.
8.2 Amendments will be announced via the Platform and take effect immediately.
8.3 If the Auction House does not agree to amended terms, they should cease using the Platform immediately and contact Artwell at: support@artwell.nl.
9.1 These Terms of Use are exclusively governed by Dutch law.
9.2 All disputes arising from or related to these Terms of Use shall be submitted to the competent court in the district where Artwell has its registered office.
10.1 The provisions of these Terms of Use may only be deviated from with Artwell's prior written consent.
10.2 Insofar as translations of these Terms and Conditions of Use are available and the Dutch text of the Terms and Conditions of Use or of special terms and conditions of sale deviates from the text of the relevant translation, the provisions of the Dutch text will prevail.
10.3 Any invalidity, annulment or nullity of one or more provisions of the Terms of Use shall not affect the validity of the remaining provisions. If any provision of the Terms of Use is void or annulled, Artwell will apply a substitute provision that is legally permissible and, to the extent possible, consistent with the intent and content of the original provision and the other provisions of the Terms of Use.
10.4 Any questions, comments or requests may be contacted by Users by e-mail: support@artwell.nl. Artwell endeavours to address and resolve complaints within 14 days of receipt.
Artwell was founded to make auctions less intimidating and more inspiring. Today we help buyers discover what they love and auction houses reach the right audience.
