Lacunaart marketplace

Terms of Use

The rules that govern your access to and use of the Lacuna marketplace.

Effective date: 15 February 2026Last updated: 15 February 2026Applies to: all visitors, buyers, artists & galleries

These Terms of Use (the “Terms”) form a binding agreement between you and Lacuna (“Lacuna”, “we”, “us” or “our”), the operator of the website located at lacunaart.com and any related pages, features and services (together, the “Platform”). Please read them carefully. Your purchase of artwork is also governed by our Terms of Sale.

1.Acceptance of these Terms

By accessing, browsing, registering for, or otherwise using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and by all policies referenced in them. If you do not agree, you must not use the Platform.

If you use the Platform on behalf of a company, gallery or other organisation, you represent that you are authorised to accept these Terms on its behalf, and references to “you” include that organisation.

2.Definitions

  • “Artwork” means any original work, edition, print or other item listed for sale on the Platform.
  • “Seller” means an artist, gallery or other rights-holder who lists Artwork for sale.
  • “Buyer” means a User who places an order to purchase Artwork.
  • “User Content” means any text, image, listing, review, message or other material you submit to the Platform.
  • “Account” means the registered profile through which you access member features.

3.Eligibility & accounts

You must be at least 18 years old and able to form a legally binding contract to use the Platform. Certain features — including buying, selling and the VIP programme — require a registered Account.

When you create an Account you agree to provide accurate, current and complete information and to keep it up to date. You are responsible for safeguarding your password and for all activity that occurs under your Account. Notify us immediately of any unauthorised use.

We may refuse, suspend or remove an Account at our discretion, including where registration details appear to be false, duplicated or in breach of these Terms.

4.Our role as a marketplace

Lacuna is an online venue that connects Buyers with independent artists and galleries. Except where we expressly state otherwise, the contract of sale for any Artwork is formed directly between the Buyer and the Seller. Lacuna is not the buyer or seller of that Artwork and does not take title to it.

In short: we provide and maintain the Platform, list Artwork on behalf of Sellers, and facilitate payment — but the Artwork itself is offered, described, warranted and dispatched by the Seller. The commercial terms of each purchase are set out in our Terms of Sale.

5.Acceptable use

You agree to use the Platform only for lawful purposes. You must not:

  • infringe the intellectual property, privacy or other rights of any person;
  • list, sell or attempt to buy any item that is counterfeit, stolen, looted, or unlawfully exported;
  • post content that is misleading, defamatory, obscene, hateful or otherwise objectionable;
  • misrepresent the authorship, provenance, condition or value of any Artwork;
  • circumvent, disable or interfere with the security or operation of the Platform;
  • use any robot, scraper or automated means to access or copy Platform data without our consent;
  • solicit Users to complete transactions off-Platform in order to avoid fees; or
  • use the Platform for money laundering or any other unlawful financial activity.

We may investigate and take appropriate action against anyone who, in our sole judgement, breaches this section, including removing content and reporting activity to the relevant authorities.

6.Your content & listings

You retain ownership of the User Content you submit. By submitting it, you grant Lacuna a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, publish and display that content for the purposes of operating, promoting and improving the Platform. For Artwork images, this includes displaying them in catalogues, search results, editorial features and marketing of the Platform.

You represent and warrant that you own or have all necessary rights to the User Content you submit, that it is accurate, and that its publication will not breach these Terms or any law or third-party right.

We do not pre-screen all User Content but may remove or edit any content that we believe violates these Terms or may expose us or others to liability.

7.Intellectual property

The Platform, including its design, text, graphics, logos, software and the arrangement of content, is owned by Lacuna or its licensors and is protected by copyright, trade mark and other laws. Except for the limited right to access and use the Platform under these Terms, no rights are granted to you.

Copyright in each Artwork and its images remains with the artist or other rights-holder. You may not reproduce, download, resell or commercially exploit any Artwork image except as expressly permitted by the rights-holder.

If you believe content on the Platform infringes your copyright, please contact us at copyright@lacunaart.com with details of the work and the allegedly infringing material.

8.Third-party links & services

The Platform may contain links to third-party websites and may rely on third-party providers for payment processing, shipping, identity verification and analytics. We do not control and are not responsible for the content, policies or practices of those third parties. Your dealings with them are solely between you and the third party.

9.Privacy

We process personal data in accordance with our Privacy Policy, which explains what information we collect, how we use it, and the choices available to you. By using the Platform you acknowledge that processing. Where required, we will obtain your consent for specific uses such as marketing communications.

10.Disclaimers

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free or secure, or that any defects will be corrected. While we take reasonable steps to verify Sellers and Artwork, we do not independently guarantee the authenticity, quality, safety or legality of items listed by Sellers, except as set out in our Terms of Sale.

11.Limitation of liability

To the fullest extent permitted by law, Lacuna and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Platform.

Our total aggregate liability arising out of or relating to the Platform will not exceed the greater of (a) the total fees you paid to Lacuna in the twelve months before the event giving rise to the claim, or (b) USD 1,000. Nothing in these Terms excludes liability that cannot lawfully be excluded.

12.Indemnification

You agree to indemnify and hold harmless Lacuna from and against any claims, damages, losses and reasonable expenses (including legal fees) arising out of your breach of these Terms, your User Content, or your violation of any law or third-party right.

13.Suspension & termination

You may close your Account at any time. We may suspend or terminate your access to the Platform, with or without notice, if you breach these Terms, if required by law, or to protect the Platform or its Users. Provisions that by their nature should survive termination — including sections on intellectual property, disclaimers, liability, indemnity and governing law — will continue to apply.

14.Governing law & disputes

These Terms are governed by the laws of England and Wales, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute amicably. Any dispute that cannot be resolved will be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to any mandatory consumer rights that allow you to bring proceedings in the courts of your country of residence. Nothing prevents either party from seeking injunctive relief from a competent court to protect its intellectual property or confidential information.

15.Changes to these Terms

We may update these Terms from time to time. When we make material changes we will revise the “Last updated” date and, where appropriate, notify you through the Platform or by email. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

16.How to contact us

Questions about these Terms can be sent to our support team:

  • By email: support@lacunaart.com
  • Through the Help / FAQ centre
  • By post: Lacuna, Customer Support, Avenida Da Fonte Santa lote 3, 2 dto, 8125-312 Quarteira, Faro, Portugal
These Terms of Use should be read together with our Terms of Sale and Privacy Policy. They are provided as a general framework for the Platform and do not constitute legal advice.
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