Terms of service

These terms

These are the terms and conditions on which we supply services to you. The Subversiv Collective provides an online platform (www.subversivcollective.com) we’re the seller of the artwork (the “seller” or “consignor”) and offer artwork to you for sale. You buy the artwork from The Subversiv Collective who sells artwork on behalf of the artists. Please read these terms and conditions (the “terms”) carefully before you submit any order for artwork from The Subversiv Collective. These terms tell you who we are, how we provide services to you, how we the seller provides artwork to you, how you or The Subversiv Collective may end or change the contract between us, how you may end or change the contract with The Subversiv Collective, what to do if there is a problem and other important information.

User acceptance

“The Subversiv Collective” is the Trading Name and its website www.subversivcollective.com grants permission to you to use the Website subject to the following Terms and Conditions, which may be updated by The Subversiv Collective on a regular basis and without notice. These Terms and Conditions constitute a binding agreement between The Subversiv Collective and you governing your use of the Website. By using and/or visiting the Website, you agree to both these Terms and Conditions and to the Privacy Policy (the "Privacy Policy"). This link can be found on The Subversiv Collective website footer for review.

Before you may use the Website, you must read and accept all of the Terms and Conditions and Privacy Policy and artists must accept the Artist Terms. As you read this Agreement, you should also access and read any linked information. You are only authorised to use the Website if you agree to abide by all applicable laws and these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website or any of The Subversiv Collective associated properties.

Definitions

"Art Submissions" means images of artwork submitted by the artist to The Subversiv Collective for display and sale on the The Subversiv Collective website.

“Content” means information, data, software, audio, music, sound, photographs, graphics, video, chat, messages, files, ideas, text, Art Submissions and any other material contributed by Users to the Website.

“Artists” means the creator of artwork, which is submitted to the Website having agreed to the Artist Terms.

“User”, “you” means users or buyers to the Website.

“Seller”, “The Subversiv Collective” means the sellers of artwork on the Website.

“We”, refers to The Subversiv Collective.

The website

These Terms and Conditions apply to all Users of the Website, including Artists. The Website may contain links to third party websites that are not owned or controlled by The Subversiv Collective. The Subversiv Collective has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you specifically release The Subversiv Collective from any and all liability arising from your use of any third-party website.

How buying through The Subversiv Collective works

The Subversiv Collective is an online store that allows us to sell artists works of art.

The Subversiv Collective is primary in the transaction between buyers and the artists artwork. Only on the occasion that The Subversiv Collective is in possession of an artwork listed for sale do we act as seller of that artwork. It is the responsibility of the seller to perform its obligations under the terms of any contract created with you when you purchase artwork on the Website.

We will provide the following services:

• Promote the artists artwork;

• conclude the sale of artwork under the terms of the artist; and

• accept payment on the artists behalf.

To purchase artwork you will need to input the personal and contact details that we request from you at checkout. You can find details of how we use your personal information in our privacy policy.

You may only purchase artwork from The Subversiv Collective if you are 18 years old or over.

The Subversiv Collective carefully vets artists. The artists and artwork on the website has been reviewed personally before it is listed on the website and offered for sale.

The Subversiv Collective reserves the right to refuse, modify, or terminate all or part of the services we offer to anyone for any reason at our discretion.

The artwork

The images of the artwork on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the artwork. Although we have made every effort to be as accurate as possible, given the bespoke, handcrafted nature of much of the artwork sold on the website, the exact size of artwork may differ from piece to piece and from the official sizes, weights, capacities, dimensions and measurements indicated on our website. These images are published for the sole purpose of giving you an idea of what the artwork looks like and they shall not form part of the contract or have any contractual force.

All artwork submissions provided by the artist are exclusive to The Subversiv Collective and cannot be sold or displayed anywhere else. If the artwork is found within any other selling platform, both physical or online then we have the right to cancel our arrangement with the artist and take down the work.

The Subversiv Collective has a policy of continuous product development with the artists we work with and reserves the right to amend the specifications of any artwork without prior notice when the sale is made through the online store.

All packaging of the artwork will provide a protective layer to stop any unwanted damage.

It is the buyer’s responsibility to check the dimensions, note if it is original or a print and before they purchase.

The buyer’s contract with the seller

After you place an order and make payment in full, you will receive an email from us acknowledging that we have received your order. We will assign an order number to your order and tell you what it is. The email order confirmation will include your unique order number. Please reference it if you contact us about your order.

If we are unable to accept your order on behalf of the artist, we will not charge you for the artwork and any refund due will be processed in accordance with these terms, as set out below. Examples of when this might occur include but are not limited to: the artwork is no longer in stock or because we have identified an error in the price or description of the artwork.

Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.

When buying an item, you agree that:

• you are responsible for reading the full item listing before making a commitment to buy;

• you are making a legally binding offer to the seller to purchase an item when you commit to buy an item; and

• the legally binding contract will be formed when the seller dispatches the artwork and you are notified of such dispatch.

The Subversiv Collective reserves the right to reject any order without the obligation to give any reason for doing so.

Price

The price of the artwork is inclusive of VAT and this will be the price indicated on the website and on the checkout page when you place your order. We take all reasonable care to ensure that the price of the artwork advised to you is correct. From time to time, The Subversiv Collective will use the margin scheme for VAT in the UK.

If you place an order from outside the UK, it may be subject to additional import duties and fees, such as Import VAT, depending on your shipping destination.

Any additional fees (this side of the border) for outside UK orders will be notified to you in the price of your order when an order is made.

Payment

You can pay for artwork using any major debit or credit card through The Subversiv Collective's online payment processing system. The currency at checkout will always show in GBP (£).

Artwork will be dispatched by The Subversiv Collective only once payment has been received in full via the website.

You pay The Subversiv Collective for the artwork that you purchase from the artist and payment is deemed to be made when you pay us for the artwork via the website. We are authorised by the artist to accept your payment for your orders in accordance with our role as commercial agent for the artist. The Subversiv Collective concludes the sale of the artwork on behalf of the artist and so our name will appear on your card statement.

You may only pay for artwork via the website and the artist must not invoice you outside the online store. We reserve the right at our sole discretion to investigate or decline to process any transaction involving any artwork purchased via the online store.

Limitation of liability

The Subversiv Collective is not responsible for any loss or damage that is foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time a contract was made, and The subversive Collective knew it might happen.

The seller’s responsibility for loss or damage to you is limited to the amount you paid for the artwork where that loss or damage is foreseeable as described in the paragraph above.

If the artwork is purchased for a commercial or business purpose then The Subversiv Collective does not:

• Have liability to you whether in contract, arising under or in connection with the contract between you and us for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated savings, loss of goodwill or any indirect or consequential loss;

• Give any representation, warranties or undertakings in relation to the artwork. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law;

• Guarantee that the artwork is suitable for your particular purpose.

Neither The Subversiv Collective nor the artist excludes or limits in any way its liability to you where it would be unlawful to do so but otherwise, The Subversiv Collective and the artists maximum liability to you is limited to the price you have paid for the artwork.

While we may help facilitate the resolution of disputes, The Subversiv Collective limits its liability as set out in these terms.

In no event shall The Subversiv Collective, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of The Subversiv Collective, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of Content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the Website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our Website by any third party, and /or (VI) Any errors or omissions in any Content or Art Submissions or for any loss or damage of any kind incurred as a result of the use of any Content or Art Submissions posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that The Subversiv Collective shall not be liable for any Content, any Art Submissions or copyright violation by an artist of The Subversiv Collective Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by The Subversiv Collective from its facilities in the United Kingdom. The Subversiv Collective makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

User content & artist submissions

Artists are responsible for providing Art Submissions to The Subversiv Collective and The Subversiv Collective reserves the right at its discretion to select the Art Submissions for display on the Website.

The ideas, suggestions, opinions, comments, and observations made by Users and any other Content posted by Users on the Website are not endorsed by The Subversiv Collective, and The Subversiv Collective makes no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website.

Artists providing Art Submissions warrant that the Art Submissions provided meet these Terms & Conditions, and that they are liable to The Subversiv Collective and indemnify The Subversiv Collective for any breach of that warranty. This means artists will be responsible for any and all loss or damage The Subversiv collective suffers as a result of breaching this warranty.

You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All Content posted to the Website by Users is the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual.

The Subversiv Collective requires all artists to agree to the Artist Terms and these Terms and Conditions when submitting Art Submissions to The Subversiv Collective. While The Subversiv Collective makes reasonable endeavours to validate the legitimacy of all Art Submissions before showcasing and selling work on the site, the artist providing the Art Submissions, is ultimately responsible for the accuracy of the Art Submissions, and your recourse for any damage you may suffer as a result of such reliance on the Art Submissions is to the artist.

Intellectual property rights

The Content on the Website, including any Art Submissions, created and posted by The Subversiv Collective and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to The Subversiv Collective, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content and Art Submissions on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of The Subversiv Collective or as expressly provided herein. The Subversiv Collective reserves all rights not expressly granted in and to the Website, the Content and Art Submissions contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content or Art Submissions other than expressly permitted herein, obtained through the Website for any commercial purposes. You agree not to download or print a copy of any Art Submissions for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or Art Submissions or enforce limitations on use of the Website or the Content and Art Submissions therein.

Any Content you supply for the Website or Art Submission submitted to The Subversiv Collective will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content and the Art Submissions, but you are required to grant us a limited licence to use, store and copy the Content and Art Submissions and to distribute and make it available to third parties for the purposes of listing and promoting the artwork.

We also have the right to disclose your identity to any third party who is claiming that any Content posted by you or Art Submissions provided to The Subversiv Collective constitutes a violation of their intellectual property rights, or of their right to privacy.

The Subversiv Collective requires Users to respect and honour all copyright laws. In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Art Submissions, that is copyrighted material belonging to others, without obtaining their prior written consent. The Subversiv Collective reserves the right to remove any Content and/or Art Submissions if we believe it may infringe the copyright rights of others. The Subversiv Collective also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Terms and Conditions.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Subversiv Collective to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

3. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

4. Your contact details.

Such written notice should be sent to The Subversiv Collective via the Contact page. The Subversiv Collective will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.

Termination

The Subversiv Collective may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Subversiv Collective services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities. Termination of your account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files and materials, including Content and Art Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in The Subversiv Collective's sole discretion and that The Subversiv Collective shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

Modifications to the website

The Subversiv Collective reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently modify the Website (or any part thereof) with or without notice. The Subversiv Collective shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Indemnity

You agree to defend, indemnify and hold harmless The Subversiv Collective, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, owner, or operator of The Subversiv Collective, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content or Art Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.

Ability to accept terms & conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. The Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by The Subversiv Collective without restriction.

Copyright notice

The Website is All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of The Subversiv Collective.

Trademarks

All of The Subversiv Collective and Website trademarks are owned by The Subversiv Collective and may not be used for any purpose without the prior written permission of The Subversiv Collective.

General

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Subversiv Collective's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Subversiv Collective reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Warranty disclaimer

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, The Subversiv Collective, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, owner, or operator of The Subversiv Collective, disclaim all warranties, express or implied, in connection with the Website and your use thereof. The Subversiv Collective makes no warranties or representations about the accuracy or completeness of the Website’s Content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of Content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the Website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our Website by any third party, and /or (VI) Any errors or omissions in any Content or Art Submissions or for any loss or damage of any kind incurred as a result of the use of any Content or Art Submissions posted, emailed, transmitted, or otherwise made available via the Website. The Subversiv Collective does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and The Subversiv Collective will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from The Subversiv Collective or through or from the service or the Website shall create any warranty not expressly stated in these Terms and Conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Other important terms

We may transfer our rights and obligations under these terms to another organisation but this will not affect your rights or our obligations under these terms.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Except for the seller, nobody else has any rights under this contract. No other person other than you and the seller with whom you have a contract shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

If a court finds part of this contract between you and us illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed exclusively by English law and you can bring legal proceedings in respect of the services provided by The Subversiv Collective and the artwork provided by the artist in the English courts only.

Violations of these terms & conditions

Please report any violations of the Terms and Conditions, including objectionable Art Submissions, Content, or behaviour, to us via the form on the Contact page. Please state the reasons for your concern and provide a link to the Art Submissions or Content or, if appropriate, the behaviour in question. The Subversiv Collective will investigate the matter, and will determine at its sole directive whether or not to remove the material or take actions against the user reported.

These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed exclusively by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.