U & O Terms and Conditions
Valid from 01 January 2021.
1.OVERVIEW
1.1. What are these Terms about?
These terms and conditions, together with the policies expressly referred to within (Terms)
govern how any artwork (Artwork) owned by a person registered with UniquE&Original (U&O),
Consignee) under these Terms to sell it (Seller, Artist, Principal1) may be offered for sale and
sold on the website and systems accessible at www.uniqueoriginaldesign.com ( Platform).
When an Artist displays Artworks for sale on the U&O Platform, he will be offering to sell these
directly to a Customer, and the Artist appoints us as his commercial agent to conclude the sale of
the Artworks in accordance with Clauses 1.3 and 1.4 of these Terms.
1.2. Our details and how you can contact us
Unique & Original have 3 contact addresses (USA – Switzerland – Italy). Our principal activity is
the provision of an online art marketplace displaying authentic Artworks for sale.
If you have any questions, concerns or complaints, you can email Unique & Original at
info@uniqueoriginaldesign.com or use the Platform’s ‘Contact us’ page. We will then get in touch
by phone if asked for.
As soon as we receive any complaint, action will be taken to rectify the problem. If you contact
U&O by email we will reply by email. Immediately.
1.3. Payment regulations
The Customer’s obligation to pay for any Artwork(s) is satisfied when that Customer properly
pays U&O for the Artwork(s) via the Platform. Because U&O concludes the sale on behalf of the
Artist and the Customer’s payment to U&O satisfies the Customer’s obligation to pay for the
Artwork(s), U&O’s name will appear on the Customer’s payment card statement (which may also
display the Artist’s name). The artist must dispatch or arrange for the dispatch of the Artwork(s)
after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they
purchase via the Platform by making a payment to Unique & Original and the Artists must not
invoice any Customer, or obtain payment, outside the Platform.
1.4. Delivery
All artworks should be sent by the Artist via a fully traceable and insured method of shipment
All information declared in any accompanying paperwork should be complete and truthful, including the value and purpose of the shipment
1.6. By which laws are these Terms governed?
These Terms are governed by the laws of California USA. or Zuerich Switzerland in Europe.
It is the Artists responsibility to comply with all laws applying to online conduct and admissible
content in the locality from which the Artists operate. It is the Artist’s responsibility to adhere to all
applicable tax requirements for sales made to users on the Platform.
2. CONTENT AND ELIGIBILITY
2.1. What requirements must the Artists meet to be eligible to sell on the Platform?
Each Artist is warrant that all information provided to U&O including but not limited to name, tax
status, and country of residence, is accurate, truthful and kept up to date subject to any change.
Each Artist is additionally warrant to deliver to U&O accurate quality picturing of the Art with
appropriate lighting and close up shootings.
Each Artwork is a one piece limited editions and Unique as well as Original. Is the customer
asking for a dedicated art, so will the Artist be warrant to deliver a dedicated Artpiece.
2.2. What is the status of my account on the Platform?
When U&O accepts Principal 1’s application to register on the Platform as a Seller, U&O sets up
a data account for Principal 1 in the systems ( Seller Account) that includes level of Seller Plan
Subscription, details of each of your Artwork sales and issue you with certain credentials with
which to log-in to your Seller Account (Passcodes). The Seller Account does not hold any funds.
The Artist must therefore keep the Passcodes secret and make sure that they are not stored in a
way that enables others to impersonate you. If the Artist disclose the Passcodes to any person
that he authorises to access the Seller Account, he is also responsible and liable for any access,
use or misuse or disclosure of his Passcodes or Seller Account by such person.
U&O can refuse to act on any instruction that U&O believes: (I) was unclear; (II) was not given by
the Artist; or (III) might cause U&O to breach a legal or other duty; or (IV) if U&O believes the
Platform is being used for an illegal purpose.
2.3 Must the Artist be the creator of the Artworks U&0 uploads?
The Artist warrants that he is the creator and sole and exclusive owner of all Artworks displayed
on U&O or is consignor of such Artworks as directly authorised by their creator.
2.4. What restrictions apply to the Artworks sold on the Platform?
All Artworks represented for sale on Unique & Original must be one-of-a-kind or limited edition
original artworks. All Artworks must be signed by their creator or accompanied by a certificate of
authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in
correspondence with the order in which they were produced. The number of each impression
must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
2.5. What restrictions apply to the Content U&O uploads to the Platform?
The Artist acknowledges and agrees that he is solely responsible for all Artwork Content.
2.6 How and when are Artfinder permitted to use my content?
By becoming a Seller, signing the agreement and uploading Artwork Content, the Artist grants
U&O a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view,
use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork
Content via online and physical sales channels (including the Platform and third party sites and
platforms) in any media now known or not currently known.
This right and license is solely for the purpose of enabling U&O to use the Artist content for the
promotion of the Platform.
3. THE ARTIST’S OBLIGATIONS
3.1. Responsible for inaccuracies in Artwork Listings:
It is the Artist’s responsibility to ensure that all Listings submitted to the Platform represent the
Artworks offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of Artwork
Listings from which any Sale is made, U&O reserves the right to debit any costs associated with
resulting Customer return requests from the Gross Sale Proceeds.
3.2. Pricing on Artworks:
The price stated in each of the Artwork Listings ( Price) must be a reasonable reflection of the
value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on
any other channels through which the Artwork is sold directly or on consignment.
Where a Customer introduced to the Artist through the Platform locates the Artist’s Artwork
offered for sale elsewhere at a lower price either directly by the Artist or by an authorised
consignee, U&O reserves the right to adjust the Price of the Artwork on the platform, before or
after Sale of the Artwork has been completed, to be equal to the lower price.
3.3. Collecting payments from Customers:
When a Customer places an order via the Platform U&O will notify the buyer and artist with a
confirmation of sale notice to the nominated notification email addresses of buyer and seller.
The Artist must promptly either:
(a) dispatch the Artwork(s) specified in the order using tracked delivery method and
notify us using the tool provided on the Platform that you have done so, to enable
U&O to send the shipment Confirmation to the Buyer.
(b in the case of custom Artworks,or commission Artwork, the Artist must use the tool
provided on the Platform to confirm the fact the specification and terms of the custom
Artwork have been agreed when you commence work on the Artwork, to enable us to
issue an invoice and debit the Customer ’s chosen payment method for the amount
of any agreed deposit; and, when the Artwork is completed and dispatched, notify
U&O using the tool provided on the Platform, to enable U&O to issue an invoice,
send the Order Confirmation to the Customer and debit the Customer ’s chosen
payment method for the balance of the Price.
The Contract between the commission artist and the Customer will only be formed when U&O
sends the Order Confirmation to the Customer.
The Customer’s chosen payment method will be debited for payment for the Artwork(s) and all
applicable Delivery Charges.
4. RETURNS AND DISPUTES
4.1. Return of Artworks ordered through U&O:
Basically any Artwork sold through the Unique & Original plateform is not eligible for return. Our
philosophy is to deliver the Artwork that will fully satisfy the Buyer.
A picture from the Artwork before packaging and a second picture of the packaged Artwork will
be sent to the buyer for a final confirmation.
The Artist is responsible to not misrepresents his Artwork either in the photograph/JPEG sent
to U&O or in the Artwork description. He is responsible for failing to disclose important
information about the Artwork resulting in the buyer declining the ArtWork sold by Unique & Original.
In the case of a shipment damage to the Artwork, U&O will need the Buyer to send pictures of
damaged package and damage to the Artwork, in order to look for a replacement Artwork.
This is where U&O requests full trust and transparency and honest handling from all parts, in
order to take care of the situation in the best possible way. One of the 2 U&O partners will
personally get in touch with the buyer by phone and personally take care of the problem.
4.2. Artworks ordered through the Platform lost in transit:
Unique & Original will accept no liability for Artworks lost in transit on their way to your Customer.
If the Artist does not send the ordered Artworks via a traceable method of shipment, he does so
at his own risk and U&O reserves the right to issue a full and immediate refund to the Customer
on notice of non-delivery within the estimated timeframe.
4.3. Direct sale from Artist to U&O customer or direct acquisition from U&O customers from Artist
The Artist must pay to U&O a Commission on any sale of an Artwork or Artworks to any
Customer first introduced to the Artist’s Artworks, or with whom the Artist has first made contact,
via the Platform.
Any attempts from customers to complete direct acquisitions and from Artist’s to complete sales
or any other monetary transactions initiated on the Platform outside of the Platform are strictly
prohibited and will be fined.
In any case where U&O reasonably believes a sale or monetary transaction initiated on the
Platform to have been completed outside of the Platform, Unique & Original reserves the right to
use the legal way and ask for appropriate compensation and fine for dishonoring the signed
Code of Honor in the Agreement contract between U&O and Artist.
5. FURTHER PROVISIONS
5.1. Liability
Unique & Original is a venue and provides an online marketplace and gallery only.
The Platform are provided on an “as is” basis. U&O makes no representations or warranties of
any kind to you relating to the Platform to the fullest extent permitted by law.
5.2. General
These Terms do not create any right enforceable by any person who is not a party to them under
the Contract of Agreement.
These Terms shall not be deemed to constitute a partnership, joint venture, contract or
relationship of employment between the parties.
These Terms and any non-contractual obligations or liabilities arising out of or in connection with
these Terms shall be governed by the laws of California and the parties submit to the exclusive
jurisdiction of the US courts or data in Zuerich Switzerland for sales in Europe.