General Terms & Conditions

1. Purchases of Original Works of Art

As a Member, you may purchase Original Works of Art that are listed by other Members on the Services. When you purchase such an Original Work of Art through the Services, you are purchasing the work from the Member identified on the listing for such work and not from Delorem Art. 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 Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Delorem Art and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Delorem Art's then-current Return Policy apply to any Original Works of Art that you purchase through the Services. When you purchase Original Works of Art via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

2. Purchases of Printed Works

As a Member, you may purchase Printed Works that are listed by other Members on the Services. Prices for Printed Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), including VAT, if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Works through the Services, Delorem Art and its third party service providers will collect your billing and shipping information will be collected, your payment will be processed, Printed Works will be shipped directly to you. The terms and conditions of Delorem Art's then-current Return Policy apply to any Printed Works that you purchase through the Services. When you purchase Printed Works via Online Sales (other than via the Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels, which will be presented to you at the time of purchase.

3. Order Cancellations

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

4. Transaction Restrictions

If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Services by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art or Digital Work to such Member independent of Delorem and the Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art or Digital Work from such Member independent of Delorem and the Services. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Delorem including, without limitation, injunctive or other appropriate relief.

5. Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of Original Works of Art and/or Printed Works, you acknowledge that Delorem will withhold the Taxes required to be withheld from the payments Delorem makes to you. Seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

• For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original Work of Art or Printed Work.
• For an artist living outside the United States, a W8BEN Tax Form must be filled out for Original Works of Art and Printed Works.

Additional Tax information can be found by visiting https://www.delorem.com/contact

If you are a purchaser of Original Works of Art and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

6. Color

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

7. Member Content

In addition to submitting listings for Original Works of Art and Digital Works, Delorem may, in its sole discretion, designate areas of the Services in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Services (individually or collectively, "Member Content"). "Member Content" excludes any images of Original Works of Art or Digital Works for which a Member submits a listing, as described under "Seller Terms and Conditions" above. Delorem does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant Delorem a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting Delorem, the Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member's authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member 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.

8. General Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
• Use, display, mirror or frame the Services, or any individual element within the Services, Delorem's name, any Delorem trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Delorem's express written consent;
• Access, tamper with, or use non-public areas of the Services, Delorem's computer systems or network, or the technical delivery systems of Delorem's providers;
• Attempt to probe, scan or test the vulnerability of any Delorem system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Delorem or any of Delorem's providers or any other third party (including another user) to protect Services, Delorem Content or Member Content;
• Attempt to access or search Services, Delorem Content or Member Content or download Delorem Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Delorem or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Delorem trademark, logo URL or product name without Delorem's express written consent;
• Use Services, Delorem Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Delorem Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Delorem Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Delorem will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Delorem may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Delorem has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Delorem reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Delorem Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Delorem, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.

9. Fees

Delorem reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services 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 Services, 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.

10. Payments

If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via the Services, 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 Services. Verification of information may be required prior to acceptance of any order through the Services.

11. 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 Services 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.

12. Disclaimers

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DELOREM 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 MEMBERS OR 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, DELOREM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES DELOREM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. DELOREM 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 MEMBERS OR 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.

13. Indemnity

You agree to defend, indemnify, and hold Delorem, 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 Services, Delorem Content or Member Content, or your violation of these Terms.

14. Legal Guarantee

Under EU rules, if the goods you buy turn out to be faulty or do not look or work as advertised, the seller must repair or replace them at no cost. If this is impossible or the seller cannot do it within a reasonable time and without significant inconvenience to you, you are entitled to a full or partial refund. You always have the right to a minimum 2-year guarantee from the moment you received the goods. However, national rules in your country may give you extra protection.

• The 2-year guarantee period starts as soon as you receive your goods.
• If a defect becomes apparent within 1 year of delivery, you don't have to prove it existed at the time of delivery. It is assumed that it did unless the seller can prove otherwise. In some EU countries, this period of "reversed burden of proof" is 2 years.
• Goods bought from private individuals are not covered by these rules.

15. Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at contact@Delorem.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

16. Agreement to Use the Services

Saatchi Online, Inc. ("Delorem," "we" or "our") provides a service for viewing, selling and purchasing original works of art and commercially exploiting digital images of works of art through our website, accessible at www.saatchiart.com (the "Site"), our mobile application (the "Application") or our art streaming service ("Delorem on TV") together with any services, software, tools, features or functionality made available by Delorem (each, a "Service" and collectively, the "Services"). Please read carefully the following terms and conditions ("Terms"), our Delorem on TV Terms and Conditions of Use ("Delorem on TV Terms"), and our Privacy Policy, which may be found at www.saatchiart.com/privacy (the "Privacy Policy"). These Terms, the Delorem on TV Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Delorem.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED "AGREEMENT TO ARBITRATE". THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Delorem reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

17. GDPR Terms and Conditions

The General Data Protection Regulation (GDPR) represents not just a legal necessity, but also embodies a dedication to openness and building trust. The essence of GDPR terms and conditions lies in enlightening individuals about the usage and collection of their personal data, fostering transparency that is fundamental for establishing customer trust while ensuring adherence to data protection regulations. It is crucial to clearly communicate the specific types of personal data collected and processed to maintain transparency and compliance. In order to avoid substantial fines as well as damage to their reputation, organizations are required to observe these stipulations diligently. https://gdpr.eu/

Withdrawing consent to use personal data and the right to object

If you previously gave your consent for a company or organisation to use your personal data, you can contact the data controller (the person or body handling your personal data) and withdraw your permission at any time. Once you've withdrawn your permission, the company or organisation can no longer use your personal data.

When an organisation is processing your personal data on the basis of their own legitimate interest or as part of a task in the public interest or for an official authority, you may have the right to object. In some specific cases, public interest may prevail and the company or organisation may be allowed to continue using your personal data. For example, this could be the case for scientific research and statistics, a task performed as part of the official role of a public authority.

For direct marketing emails that promote particular brands or products, your prior consent is required. However, if you are an existing customer of a particular company, they can send you direct marketing emails about their own similar products or services. You have the right to object at any time to receiving such direct marketing and the company have to stop using your data immediately.

In all cases, you should always be given information about the right to object to the use of your personal data the first time that the company or organisation contacts you.

Transferring your personal data (right to data portability)

In certain situations, you can ask a company or organisation to return your data to you or to transfer it directly to another company, if this is technically possible. This is known as "data portability". For example, you can use this right if you decide to switch from one service to another similar service – for example moving from one social media site to a new one – and you'd like your personal information to be quickly and easily transferred to the new service.

Deleting your personal data (the right to be forgotten)

If your personal data is no longer needed or is being used unlawfully then you can ask for your data to be erased. This is known as "the right to be forgotten".

These rules also apply to search engines, such as Google, as they're also considered to be data controllers. You can ask for links to web pages including your name to be removed from search engine results, if the information is inaccurate, inadequate, irrelevant or excessive.

If a company has made your personal data available online and you ask for them to be deleted, the company also has to inform any other websites where they've been shared that you've asked for your data and links to them to be deleted.

To protect other rights, such as freedom of expression, some data may not be automatically deleted. For example, controversial statements made by people in the public eye, might not be deleted if public interest is best served by keeping them online.

18. Cookies Compliance

Any website wishing to use cookies has to obtain your consent before installing a cookie on your computer or mobile device. A website is not allowed to simply inform you that they use cookies, or explain how you can deactivate them.

Websites should explain how the cookie information will be used. You should also be able to withdraw your consent. If you choose to do so, the website still has to provide some sort of minimum service for you, for example, providing access to a part of the website.

Not all cookies require your consent. Cookies used for the sole purpose of carrying out the transmission of a communication do not require consent. This includes, for example, cookies used for "load balancing" (enabling web server requests to be distributed over a pool of machines instead of just one). Cookies that are strictly necessary to provide an online service that you explicitly requested also do not need consent. This includes, for example, cookies used when you fill in an online form or when you use a shopping basket when shopping online.

To comply with the regulations governing cookies under the GDPR and the ePrivacy Directive you must:

• Receive users' consent before you use any cookies except strictly necessary cookies.
• Provide accurate and specific information about the data each cookie tracks and its purpose in plain language before consent is received.
• Document and store consent received from users.
• Allow users to access your service even if they refuse to allow the use of certain cookies.
• Make it as easy for users to withdraw their consent as it was for them to give their consent in the first place.

Purpose

• Strictly necessary cookies — These cookies are essential for you to browse the website and use its features, such as accessing secure areas of the site. Cookies that allow web shops to hold your items in your cart while you are shopping online are an example of strictly necessary cookies. These cookies will generally be first-party session cookies. While it is not required to obtain consent for these cookies, what they do and why they are necessary should be explained to the user.
• Preferences cookies — Also known as "functionality cookies," these cookies allow a website to remember choices you have made in the past, like what language you prefer, what region you would like weather reports for, or what your user name and password are so you can automatically log in.
• Statistics cookies — Also known as "performance cookies," these cookies collect information about how you use a website, like which pages you visited and which links you clicked on. None of this information can be used to identify you. It is all aggregated and, therefore, anonymized. Their sole purpose is to improve website functions. This includes cookies from third-party analytics services as long as the cookies are for the exclusive use of the owner of the website visited.
• Marketing cookies — These cookies track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. These cookies can share that information with other organizations or advertisers. These are persistent cookies and almost always of third-party provenance.