TERMS AND CONDITIONS FOR PURCHASE THROUGH ATELIE
These conditions apply to the purchase of artworks through Atelie at https://atelie.art. The service and applications are provided by Atelier AS (hereafter "Atelier"). To use Atelier's services and applications, you must consent to the following terms and conditions.
The conditions that are updated at any given time apply.
These conditions are supplemented by Atelier's privacy statement: https://atelie.art/privacy
When you register at https://atelie.art, a user account will be created. By creating a user account, you accept that information about you, such as your name and artists you follow, is visible to other Atelie users. If you do not accept this, you will not be able to use Atelier's services, and we have the right to delete your user account.
You can delete your user account at any time. All data about you will then be deleted from Atelier's systems. Atelier reserves the right to terminate your user account if we find a valid reason.
To create a user account and access Atelier's services and applications, Atelier must collect and process certain personal data about you. The privacy statement provides information on how Atelier processes personal data: https://atelie.art/privacy.
Atelier's Role and the Parties in the Transaction
Atelie is a marketplace consisting of artworks. The artworks are created by individual artists who run their own business and create their own artworks and products.
When purchasing art through Atelier's applications or atelie.art, Atelier only acts as an intermediary. The parties in the transaction are the artist selling ("Seller") and you as the buyer, and the transaction occurs at your own risk and expense.
Atelier is not responsible for the shipping/delivery of the artworks. This responsibility must be agreed upon between you and the Seller.
Complaints and Right of Withdrawal
As Atelier only acts as an intermediary, Atelier is not jointly responsible with the Seller, and you as the buyer hereby accept this. This means that Atelier is not responsible for delayed delivery, or errors or deficiencies in the artwork, and that all complaints and objections related to the purchase must not be directed at Atelier but directly to the Seller.
Any right of withdrawal according to the right of withdrawal law is also the responsibility of the Seller, and Atelier has no responsibility related to your possible right of withdrawal.
Responsibility for Ad Content
As an intermediary and facilitator, Atelier assumes no responsibility for the content of the Seller's ads. Therefore, Atelier is not responsible for the accuracy, decency, or legality of the content of the ads posted by sellers using Atelier's services and applications.
When purchasing art from artists in Norway, an art fee must be paid in addition to the sale amount, according to the art fee law. In principle, the rate is 5% for works with a sales price over NOK 2,000. You can find more information about the art fee at https://kunstavgiften.no/. Atelier is responsible for reporting the art fee.
When purchasing art from artists outside of Norway, local taxes may apply in addition to the price. Atelie is not responsible for reporting or paying any of these taxes or fees.
Payment Solution and Brokerage Fee
Atelier uses the payment solution Stripe (https://stripe.com Stripe has its own terms that must be accepted before using the payment service.
Using Stripe, the payment goes directly from you to the Seller, who is also legally responsible for the sale.
From the sale amount, a commission fee of 15% is automatically transferred to Atelier via Stripe.
Intellectual Property Rights
In addition to the rights belonging to the Seller under current copyright legislation, Atelier has exclusive property rights to the material and information made available on https://atelie.art. This includes all intellectual property rights related to text, images, design, user interface, and program code in services and applications.
Beyond private use, it is not allowed to copy, upload, or distribute material from https://atelie.art without Atelier's consent.
Maintenance and Downtime
Atelier's services and applications may occasionally be fully or partially unavailable due to maintenance, updates, downtime, technical problems, etc. You cannot make any claims against Atelier as a result of Atelier's services or applications not being used as expected.
Limitation of Liability
Atelier is only liable for loss or damage related to the use of Atelier's applications (assuming correct use) caused by intent or gross negligence. Under no circumstances is Atelier liable for indirect loss. Atelier's liability is always limited upwards to what you as a buyer have paid in the purchase sum for artworks purchased through Atelier in the last 12 months, counted from when the damage/loss occurred.
The terms are governed by Norwegian law.
Any disputes related to the terms or use of Atelier's services or applications will be resolved by the ordinary courts, with Oslo as the agreed legal venue.
For questions about the terms, please contact firstname.lastname@example.org
If there are changes to our services or changes in the regulations regarding the processing of personal data, it may result in changes in the information you are given here. If we have your contact details, we will notify you of these changes. Otherwise, updated information will always be easily available on our website, and you are responsible for familiarizing yourself with updates and changes.
TERMS OF PURCHASE FOR "ATELIE EDITIONS
Atelier mediates the artwork on behalf of the artist and handles customer contact and sales, including delivery and shipping agreed upon after ordering.
When purchasing "Atelie Editions," a full 14-day return right is given.
Different percentage rates for the commission fee apply to Atelie Editions.
Atelier always does its best to provide you with accurate information but still reserves the right for errors in product descriptions, prices, or other information that appears on atelie.art/editions.
TERMS FOR L'EIE (RENT/INSTALLMENT PAYMENT) VIA ATELIER
When renting or paying in installments for artwork via Atelier, the customer pays 10% of the artwork's value, including the 5% Norwegian art fee, per month for a maximum of 10 months. The rent runs month by month and is described as a period of 30 days, starting when the customer receives the artwork. Both parties have a mutual right to terminate the agreement with a notice period of 1 month.
The rental agreement runs until:
- The customer has paid the full value of the artwork (including 5% Norwegian art tax) through one or more payments.
- The customer terminates the rental relationship, and the artwork is returned to Atelier. If the customer terminates the rental agreement before the artwork is fully paid, a 25% VAT will be added to the mediation fee on the last payment.
The customer pays the set rental price to Atelier through the payment solution Stripe, which deducts the amount from the payment card provided during the order process. The first payment is made after the customer has received the artwork.
Damages and Breach of Contract
The customer is obliged to check that the correct object has been handed over and that there are no visible damages or defects. Any damages or defects must be immediately reported to Atelier, for example, by taking pictures of the damage or defect.
The customer is responsible for ensuring that the work is not damaged or lost during the rental period and is liable for any financial loss or damage incurred to the artwork while in the customer's custody. Customers are encouraged to take all necessary precautions to prevent loss or damage to the artwork and to ensure adequate insurance. If any damage occurs to the artwork during the rental period, the customer is obligated to immediately notify Atelier.
Both parties have the right to terminate the rental agreement with immediate effect in the event of a significant breach of contract.
Atelier mediates the artwork on behalf of the artist and charges a commission fee of up to 50% of sales or rent (turnover) of the artwork. The remaining amount is transferred directly to the artist via Stripe. For rental agreements, Atelier is responsible for the payment of the 5% Norwegian art tax on behalf of the artist.
TERMS OF SALE VIA ATELIER
These terms apply to the sale of artwork through Atelie, on https://atelie.art or Atelier's applications. The service and applications are provided by Atelier AS (hereinafter "Atelier"). To use Atelier's services and applications, you or your business (hereinafter referred to as "you") must agree to the terms and conditions below.
The most up-to-date terms always apply.
The images and descriptions of your artwork that you upload and offer for sale on https://atelie.art will hereinafter be referred to as "ads".
When you register on https://atelie.art, you can create your artist profile. Through such a profile, you gain access to extra functionality that allows you to add a description of your artistry, exhibitions, and address, in addition to uploading artwork for sale. By creating an artist profile, you accept that information about you, such as your name, address, etc., is visible to other Atelier users. If you do not consent to this, you will not be able to use Atelier's services, and we will have the right to delete your profile.
You can delete your profile at any time. All data about you will then be deleted from Atelier's systems. Atelier reserves the right to approve or reject your application to create an artist profile and also has the right to terminate your profile if we find a valid reason for it.
To create an artist profile and access Atelier's services and applications, Atelier must collect and process certain personal data about you. Please refer to the privacy statement for information on how Atelier processes personal data: https://atelie.art/privacy.
Atelier's Role and Parties in the Trade
Atelie is a marketplace consisting of artworks. The artworks are created by individual artists who run their businesses and make their artwork and products.
In the sale of artwork through Atelier, Atelier only acts as an intermediary. The parties in the trade are the buyer and you as the seller, and the trade takes place at their expense and risk.
Atelier is not responsible for shipping/delivery of the artworks. This responsibility must be agreed upon between you and the buyer.
Your Responsibility Towards the Buyer
Since Atelier only acts as an intermediary, Atelier is not jointly liable with you.
This means that any complaints, objections, and claims from the buyer related to, for example, delayed delivery, or defects or deficiencies in the artwork are not Atelier's responsibility and must be followed up and handled by you.
You must also ensure to fulfill and enforce the buyer's potential rights under the right of withdrawal act.
You must indemnify Atelier for (i.e., cover) any claim from buyers directed against Atelier concerning your artwork or your acts/omissions.
Your Ads and Sales
When you upload images and descriptions of your artwork (ads) to https://atelie.art, you agree to the following:
- The images and descriptions must be accurate, relevant, and representative of the artwork.
- The artwork must be available for immediate delivery.
- You are responsible for the content and accuracy of your ads.
- Atelier has the right, without prior notice, to remove or reject ads that do not comply with the guidelines or that Atelier believes are in violation of the law or good practice.
Price and Commission
You decide the price of the artwork yourself. Atelier charges a commission based on the total sale price. The current commission is 15% of the sales price. After Stripe's transaction fee is deducted, the remaining amount will be paid out to you as long as the purchase is registered in the application or https://atelie.art.
If you are in Norway a Norwegian Art Tax of 5% (kunstavgiften.no) will be added to the price when uploading the work. Upon sale the 5% art tax will be paid by Atelie.
If you are outside Norway, the Norwegian art tax will not be added and you are responsible for paying all applicable sales taxes.
Claims and Indemnification
If a third party makes a claim against Atelier due to the content of your ads or because of other circumstances related to your use of https://atelie.art, you are obliged to cover any costs and potential damages that Atelier may incur as a result of this.
You also undertake to compensate Atelier for any direct losses, including loss of profit, which Atelier may suffer as a result of your breach of these terms.
Amendments to the Terms
Atelier reserves the right to change these terms at any time. Any changes to the terms will be announced on https://atelie.art. If you continue to use Atelier's services after such a change has been announced, it will be considered acceptance of the new terms.
Disputes and Choice of Law
Disputes related to these terms or the use of https://atelie.art shall be resolved in accordance with Norwegian law and will be settled by Norwegian courts.
Processing of Personal Data by Atelier AS
When you utilize services, websites, or the iOS application from Atelier, or interact with us regarding our services, or subscribe to our newsletters, Atelier AS will process your personal data.
Below you will find information on the personal data we collect, the purpose for its collection, and your rights related to the handling of this data. Atelier AS (org no. 917 501 173) is responsible for the processing of your personal data.
For any inquiries about our handling of your personal data, please contact us at hello@atelie.ART.
Why We Collect Personal Data and What We Collect
We collect and use your personal data for several reasons, depending on who you are and how we interact with you. We gather the following personal data for the stated purposes:
Marketing and Communications: To distribute marketing materials, newsletters, and information about our operations, we collect your email address. This collection is based on your consent (GDPR Art. 6(a)). This consent can be withdrawn at any time either through your user profile or via the unsubscribe link in our newsletters.
Promotion of Artists and Their Works: Information about artists and their works is shared on their public profiles and in Atelier's promotions. This includes the artist's name, images of their work, biographical details, and exhibition history and upcoming shows. This processing is necessary due to our contract with the artist (GDPR Art. 6(b)).
Locate and Provide Artist Studio Locations: Location information. This processing is necessary to fulfill our contract with the artist (GDPR Art. 6(b)).
Responding to Inquiries: To address queries, we collect your name, phone number, email, and any other personal data included in your inquiry. This processing aims to enhance our services and provide customer support, serving our legitimate interests (GDPR Art. 6(f)).
Recruitment: For job applications, we collect your name, email, phone number, residential address, and other details from your CV, application, certificates, or references. This processing is required for our potential employment contract with you (GDPR Art. 6(b)).
According to personal data protection laws, you have several rights:
- Access to your data and a copy of the data we process;
- Correction of inaccurate, incomplete, or misleading data;
- Erasure of personal data (with some limitations);
- Restriction of data processing (with some limitations);
- Objection to data processing, especially if processing is based on our legitimate interests;
- Data portability (transferring your data to another entity) when processing is based on consent or contract;
- Complaint about our data processing.
To exercise any of these rights, contact us at email@example.com. We will respond promptly, at the latest within one month.
Complaint to the Data Protection Authority (Datatilsynet):
If you believe we are processing your personal data against the requirements set by the personal data protection laws, or if we're not respecting your rights, you can lodge a complaint with the Datatilsynet. However, we recommend first addressing your concerns with us, giving us the opportunity to rectify the situation.