Electric Artefacts Buyers Terms

Use of the Platform

Thank you for visiting electricartefacts.art (the "Platform") owned and operated by Electric Artefacts Limited. (“Electric Artefacts”, “we”, “our”, “us”). Your use of the Platform indicates that you have read, understood and agree to these terms of use ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. We may modify the Terms from time to time without notice to you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Platform. We encourage you to check our Platform frequently to see the current Terms in effect and any changes that may have been made to them. By using the Platform following any modifications to the Terms, you agree to be bound by such modifications.

Electric Artefacts provides you with access to and use of the Platform subject to your compliance with the Terms and the Platform's Privacy Policy. No material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Platform.

By using the Platform and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) are in agreement with our terms and conditions and therefore have entered a legally binding agreement with Electric Artefacts.

The Platform, including all of its contents (“Electric Artefacts Content"), such as text, images, and the HTML used to generate the pages, are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United Kingdom and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Electric Artefacts Content from the Platform in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Platform and to use the information and services contained here.

Artist Content

In addition to submitting listings for Original Works of Art, Printed Works and Digital Works, Electric Artefacts may, in its sole discretion, designate areas of the Platform in which Artists can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Platform (individually or collectively, “Artist Content”). “Artist Content” includes images of Original Works of Art or Digital Works for which an Artist submits a listing. Electric Artefacts does not claim any ownership rights in any such Artist Content and nothing in these Terms will be deemed to restrict any rights that an Artist may have to use and exploit any such Artist Content. By making available any Artist Content on or through the Platform, (i) Artist grant Electric Artefacts a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Artist Content on or through the Platform in any form, medium or technology now known or later developed, for the purpose of promoting Electric Artefacts, the Platform.

Artists are solely responsible for any Artist Content that is available on or through the Platform. Artist represent and warrant that: (i) Artist is the sole and exclusive owner of all Artist Content that you make available on or through the Platform or that you have all rights, licenses, consents and releases that are necessary to make available such Artist Content and to grant all rights and licenses in such Artist Content as granted under these Terms; and (ii) neither the Artist Content nor availability of any Artist Content on the Platform nor any use of any Artist Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Purchases of Original Works of Art, Printed Works and Digital Works

You may purchase Original Works of Art, Printed Works & Digital Works that are listed by Artists on Electric Artefacts. When you purchase such an Original Work of Art, Printed Work or Digital Work through Electric Artefacts, you are purchasing the work from the Artist identified on the listing for such work and not from Electric Artefacts. 

We do not sell or own the exhibited art; each artist remains the owner of their works exhibited on the Platform. If you decide to purchase a selected work or works, you enter into an agreement with the particular artist or artists directly. We are not a party to such an agreement between you and the artista, but each artist authorizes us as its commercial agent to promote their art works, to conclude the agreement, to accept payment and to arrange for the delivery of their works to customers on that artist’s behalf. 

Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Platform) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Electric Artefacts and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art & Printed Works may require additional shipping and handling charges and special arrangements.

Color

You understand and agree that Electric Artefacts use commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Platform. However, because individual computer monitors may display colors differently, Electric Artefacts is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Platform, and disclaims all liability in this regard.

Shipping

Once the payment has been made, we arrange for the artwork to be delivered to you either by post or when applicable by email. We are authorized to deliver ordered prints on behalf of the artists. If you purchase a print, the printing of the order will be arranged made-to-order uniquely for you. We will notify you with a confirmation once the item has been scheduled for delivery and provide you with the necessary tracking information when applicable.

We do not have any prints in stock. The printing fees are included in the purchase price of prints displayed on the Platform. All possible delivery destinations and methods are listed in the Platform. Your order will be delivered as soon as possible. The delivery time may be affected by the printing time. If we are not able to deliver the order for whatever reason, we will contact you. If there is a disclaimer to arrange shipping directly, we will contact you after the purchase is made to arrange outstanding shipping, insurance and/ or framing. In this case you are responsible to pay the associated fees. Please make sure that all delivery-related information that you provide us with is complete and accurate. 

Order Cancellations

Electric Artefacts reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Platform if Electric Artefacts determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Platform. If Electric Artefacts cancels an order placed via the Platform, Electric Artefacts will send you an email confirmation of such cancellation and you will not be charged for your order.

Returns

All sales are final. We do not offer returns on our unique works, limited edition artists’ prints, video and media forms of art. If you will have questions about a purchase, you can contact us on info@electricartefacts.art and we will provide support within our best efforts.

Fees

Electric Artefacts reserves the right at any time to charge fees for access to the Platform, or any portion thereof. However, in no event will you be charged for access to the Platform unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Platform, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.

Payments

If you wish to purchase an Original Work of Art, Printed Work or Digital Work, or any other product or service via the Platform, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Platform. Verification of information may be required prior to acceptance of any order through the Platform.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Platform with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SERVICES, Electric Artefacts CONTENT AND ARTIST CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Electric Artefacts EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Electric Artefacts MAKES NO WARRANTY THAT THE SITE, SERVICES, Electric Artefacts CONTENT OR ARTIST CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Electric Artefacts MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Electric Artefacts OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Electric Artefacts DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ARTIST OR OTHER USERS OF THE SERVICES, NOR DOES Electric Artefacts MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY ARtIST OR USERS OF THE SERVICES. Electric Artefacts MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity 

You agree to defend, indemnify, and hold Electric Artefacts, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, Electric Artefacts Content or Artist Content, or your violation of these Terms.

Limitation of Liability 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform, Electric Artefacts Content and Artist Content remains with you. Neither Electric Artefacts nor any other party involved in creating, producing, or delivering the Platform, Electric Artefacts Content or Artist Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Platform, Electric Artefacts Content or Artist Content, or from any communications, interactions or meetings with other users of the Platform or other persons with whom you communicate or interact as a result of your use of the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Electric Artefacts has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Electric Artefacts aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Platform, Electric Artefacts Content or Artist Content exceed: if you are a user who has purchased Original Works of Art or Printed Works, the total payments that you made to Electric Artefacts for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Electric Artefacts and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Saatchi Art is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Saatchi Art of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Electric Artefacts used herein are trademarks or registered trademarks of Electric Artefacts or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

Governing Law

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.