Template for review
These terms are a working draft pending legal review and the operating entity’s name and governing jurisdiction (both to be set). Not yet legally binding.
Last updated: June 2026
1. About these terms
These Terms of Service (the “Terms”) form a binding agreement between you and [Legal Entity Name] (“Rachel’s Palette,” “we,” “us”), the operator of the curated marketplace for Jewish art available at rachelspalette.com (the “Platform”). By creating an account, browsing, or buying through the Platform you agree to these Terms. If you do not agree, do not use the Platform.
Rachel’s Palette is a marketplace that connects collectors with independent artists and estate collections. Except where we are expressly stated to be the seller of record, the artist is the seller and we facilitate the transaction, hold funds, and provide buyer protection as described below.
2. Account terms
- You must be at least 18 years old and able to form a binding contract to hold an account.
- You are responsible for the accuracy of the information you provide and for keeping your login credentials secure.
- You are responsible for all activity that occurs under your account; notify us promptly of any unauthorised use.
- One person or organisation per account; accounts may not be shared, sold, or transferred without our consent.
- We may suspend or close an account that violates these Terms, is used for fraud, or that we are required to close by law.
3. Acceptable use
When using the Platform you agree not to:
- Use the Platform for any unlawful purpose, or to infringe the rights of others.
- Attempt to contact artists to complete a purchase off-platform, or solicit others to do so (see buyer protection and dispute resolution below — off-platform transactions are not protected).
- Scrape, copy, or reproduce artwork images, listings, or other content except as permitted for personal, non-commercial reference.
- Upload or transmit malicious code, or attempt to gain unauthorised access to the Platform, other accounts, or our systems.
- Post reviews, messages, or content that is false, harassing, hateful, defamatory, or otherwise objectionable.
- Misrepresent your identity, payment method, or intent to purchase.
4. Purchase terms
When you place an order you make an offer to buy the artwork at the listed price. A contract of sale forms when we confirm the order and your payment is authorised. Prices are shown in the currency selected at checkout; see the Commission & Payout Schedule for how currency and FX are handled.
- Each original work and limited edition is unique or finite; once sold or fully editioned, it is marked unavailable.
- We collect the full purchase price at checkout, including any applicable taxes, duties (where collected), and shipping.
- Where marketplace facilitator, VAT/OSS, or Israeli VAT rules require it, we collect and remit applicable taxes; otherwise tax responsibility rests with the seller of record.
- Title to the artwork passes to you on delivery, subject to full payment having cleared.
- Authenticity is documented through a certificate of authenticity per the Authenticity / COA Terms.
See the Authenticity / COA Terms and Shipping Policy for the certificate and delivery details that apply to your order.
5. Buyer protection
Buyer protection is the core reason to complete your purchase on the Platform. When you buy through Rachel’s Palette:
- We hold your payment in a managed fund hold and do not release it to the seller until delivery is confirmed.
- If your order does not arrive, arrives materially not as described, or is damaged in transit despite proper packaging, you may open a dispute within the window set in the Returns & Refunds Policy.
- We act as a neutral arbiter between you and the seller, backed by the fund hold, and may issue a refund from held funds where a claim is upheld.
- Buyer protection applies only to transactions completed on the Platform. Off-platform payments or arrangements are not covered.
See the Returns & Refunds Policy for windows, conditions, and the categories that are non-returnable.
6. Reviews and content
You may post verified-purchase reviews and messages. You grant us a non-exclusive, royalty-free licence to display content you submit in connection with the Platform. You are responsible for your content and warrant that it is accurate and does not infringe the rights of others. We may remove content that breaches these Terms.
7. Intellectual property
All artwork images and listings remain the property of the respective artist or rights holder. The Platform’s software, design, brand, and editorial content are owned by [Legal Entity Name] or its licensors. Nothing in these Terms grants you a licence to reproduce, distribute, or create derivative works from any content except as expressly permitted.
8. Disclaimers
The Platform is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties not expressly stated here, including implied warranties of merchantability and fitness for a particular purpose. Artwork descriptions, dimensions, and colours are provided by sellers and may vary slightly from the physical work and from how they appear on your screen.
9. Limitation of liability
To the fullest extent permitted by law, neither Rachel’s Palette nor its officers, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill. Our total aggregate liability arising out of or relating to a transaction will not exceed the greater of the amount you paid for the artwork giving rise to the claim or the commission we retained on that transaction. Nothing in these Terms limits liability that cannot be limited under applicable law.
10. Indemnification
You agree to indemnify and hold harmless Rachel’s Palette from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Platform, or your violation of any law or third-party right.
11. Governing law and disputes
These Terms are governed by the laws of [Governing Jurisdiction], without regard to its conflict-of-laws rules.
- Marketplace disputes between you and a seller follow the buyer protection and dispute process above first, backed by the fund hold.
- For any remaining dispute with Rachel's Palette, you agree to first attempt to resolve it informally by contacting legal@rachelspalette.com.
- If informal resolution fails, disputes will be resolved by binding arbitration administered in [Governing Jurisdiction] under the applicable arbitration rules, except where prohibited by law, and on an individual rather than class basis.
- Where binding arbitration is not enforceable for you, the courts of [Governing Jurisdiction] will have exclusive jurisdiction.
12. Changes and contact
We may update these Terms; material changes will be posted here with a revised “Last updated” date and, where appropriate, notified to you. Continued use of the Platform after changes take effect constitutes acceptance. Questions may be sent to legal@rachelspalette.com.