Terms of Service

Last updated: 4 September 2026

Welcome to Dark Gloomy Art, a curated marketplace for original and distinctive artwork. These Terms of Service explain the rules that apply when you browse, create an account, list artwork, buy, sell or otherwise use the marketplace at marketplace.darkgloomyart.com.

By using the marketplace, you agree to these terms. If you do not agree, please do not use the marketplace.

1. About Dark Gloomy Art

The marketplace is operated by Dark Gloomy Art Ltd (“Dark Gloomy Art”, “we”, “us” or “our”). You can contact us at admin@darkgloomyart.com.

Dark Gloomy Art provides the platform through which independent artists, galleries, collectors and other sellers can offer artwork to buyers. Unless a listing clearly states that Dark Gloomy Art is the seller, we are not a party to the sale contract between a buyer and a seller and do not take ownership of listed artwork.

2. Eligibility and Accounts

You must be at least 18 years old and able to enter into a legally binding agreement to use transactional features of the marketplace.

You agree to provide accurate, current information, keep your login details secure and notify us promptly if you suspect unauthorised use. You are responsible for activity carried out through your account. Accounts may not be transferred or used to impersonate another person or organisation.

3. Marketplace Standards

All users must act honestly, respectfully and lawfully. You must not:

list or purchase stolen, counterfeit, unlawfully reproduced or misrepresented work;
infringe copyright, trade marks, privacy, publicity or other rights;
provide false information about identity, provenance, authorship, condition or ownership;
manipulate reviews, interfere with the marketplace or attempt to avoid applicable marketplace charges;
use the service for fraud, money laundering or any prohibited activity; or
upload malicious code, scrape the service without permission or misuse another user’s information.

We may review, restrict or remove content, listings or accounts where reasonably necessary to protect users, comply with law or enforce these terms.

4. Seller Responsibilities

Sellers are responsible for ensuring that every listing is accurate and complete. This includes the artwork’s creator, title, medium, dimensions, date, condition, provenance, edition information, price, location, delivery terms and any material defects or restoration.

A seller must have the legal right to sell the artwork and to use every image and description included in the listing. Sellers remain responsible for applicable taxes, customs information, insurance, packaging, delivery, refunds and compliance with consumer law. Professional traders must identify themselves accurately and provide buyers with all information and cancellation rights required by law.

A seller must not sell or otherwise make unavailable an artwork after accepting an order without promptly informing the buyer and arranging any required refund.

5. Buying Artwork

Buyers should review the complete listing, seller information, delivery arrangements and total price before purchasing. Artwork colour and scale may vary slightly when viewed on different screens; buyers should rely on the written dimensions and request further information where needed.

When a buyer completes checkout and the seller accepts the transaction, a contract is formed directly between that buyer and seller unless the listing identifies Dark Gloomy Art as the seller.

Nothing in these terms limits rights that consumers have under applicable law. Whether statutory cancellation or return rights apply may depend on the seller’s status, the buyer’s location and the nature of the artwork. Private sales and made-to-order or personalised work may be treated differently from standard sales by professional traders.

6. Prices, Payments and Commission

Prices are displayed in the currency shown on the listing. Buyers pay 0% Dark Gloomy Art buyer commission. Buyers may still be responsible for the artwork price, delivery, taxes, customs duties and any other charge clearly disclosed before payment.

Dark Gloomy Art charges sellers a 20% commission on completed marketplace transactions, as described in the Seller Guide. The commission is deducted from the seller’s proceeds. Payment processing and payouts are provided through Stripe and are also subject to Stripe’s applicable terms, verification requirements and fees.

Users must complete transactions initiated through the marketplace using the provided payment process and must not use the platform to arrange off-platform payment in order to avoid fees or safeguards.

7. Delivery, Risk and Insurance

The seller is responsible for packaging artwork appropriately and using the delivery method described in the listing or otherwise agreed with the buyer. Sellers should use tracked and suitably insured delivery.

Responsibility for loss or damage is determined by the sale contract and applicable law. Buyers should inspect deliveries promptly, retain the packaging and report loss, damage or significant misdescription to the seller and Dark Gloomy Art as soon as reasonably possible.

International buyers may be charged import VAT, customs duties or handling fees by local authorities. Unless the listing states otherwise, these charges are the buyer’s responsibility.

8. Cancellations, Returns and Refunds

Sellers must clearly communicate their return terms and comply with all mandatory consumer rights. Buyers should contact the seller through the marketplace before returning anything and follow any reasonable return instructions.

If a transaction is cancelled or refunded, funds will be handled through the original payment method where possible. Processing times may depend on Stripe, banks and card providers. Dark Gloomy Art may assist communication but does not guarantee the outcome of a dispute between independent users.

9. Authenticity and Condition

Sellers must make honest, supportable statements about authorship, attribution, provenance and condition. Dark Gloomy Art may curate or review listings, but we do not independently authenticate, inspect or value every artwork and do not guarantee every seller statement.

Buyers considering a high-value purchase should request supporting documentation and, where appropriate, obtain independent professional advice before buying.

10. Intellectual Property

Sellers and other users retain ownership of content they submit. By uploading content, you grant Dark Gloomy Art a worldwide, non-exclusive, royalty-free licence to host, reproduce, resize, display and promote that content for operating and marketing the marketplace. This licence ends when the content is removed, except where continued use is reasonably required for completed transactions, legal records or material already distributed.

The Dark Gloomy Art name, branding, site design and original platform content may not be copied or used without permission.

11. Reviews and Communications

Reviews must reflect genuine experiences and must not contain unlawful, abusive, misleading or irrelevant material. Marketplace messaging may be monitored or reviewed where reasonably necessary for safety, support, dispute handling and enforcement, in accordance with our Privacy Policy.

12. Availability and Changes

We aim to provide a reliable service but cannot promise uninterrupted or error-free availability. We may update, suspend or discontinue features, or amend these terms, where reasonably necessary. Material changes will be communicated appropriately and the updated date will be shown above.

13. Liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or rights that cannot legally be excluded.

Subject to that, Dark Gloomy Art is not responsible for losses caused by independent buyers or sellers, inaccurate user content, events outside our reasonable control, or indirect or unforeseeable loss. If you use the marketplace for business purposes, our total liability arising from the service will not exceed the greater of the marketplace fees you paid to us in the preceding 12 months or £100.

14. Suspension and Termination

You may stop using the marketplace and request account closure through your account settings. We may suspend or terminate access where there is a serious or repeated breach of these terms, a legal or safety risk, suspected fraud, unpaid fees or misuse of the marketplace. Where appropriate, we will explain the reason and provide a reasonable opportunity to respond.

Provisions intended to continue after termination—including payment obligations, intellectual-property licences for necessary records, liability provisions and dispute terms—will remain effective.

15. Governing Law and Disputes

These terms are governed by the laws of England and Wales. If you are a consumer, you retain any mandatory protections and rights to bring proceedings available under the laws of your country of residence.

Please contact admin@darkgloomyart.com first if you have a concern. We will try to resolve it fairly and promptly. Nothing in this section prevents either party from using any court or dispute-resolution process available under applicable law.

16. Contact

Questions about these terms or the marketplace can be sent to:

Dark Gloomy Art Ltd
Email: admin@darkgloomyart.com