Terms & Conditions
1. THESE TERMS
- 1.1 What these terms cover. These are the terms and conditions on which we supply digital content to you, namely the virtual reality (“VR“) limited editions of artwork which are available on our website to purchase or rent (“Digital Assets“). If you intend to purchase or rent a Digital Asset from us, these terms and conditions will apply to your transaction with us (“Transaction“).
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Digital Assets to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information about your Transaction. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are. We are Acute Art Limited, a company registered in England and Wales. Our company registration number is 10384640 and our registered office is at Somerset House, London, WC2R 1LA. Our registered VAT number is GB 280783088.
- 2.2 How to contact us. You can contact us by writing to us at CustomerSupport@AcuteArt.com, or the address above.
- 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. DIGITAL ASSETS
- For sale
- 3.1 Digital Assets will be made available to purchase from our website from time to time. The price of a Digital Asset will be listed on the relevant page of the website.
- 3.2 If you decide to purchase a Digital Asset, you will be told how many editions of the Digital Asset have been produced and are available to buy, so that you know how many are available worldwide. Usually this number will be limited.
- 3.3 Digital Assets can only be purchased directly from our website. Once purchased and downloaded, you will be able to view and interact with your Digital Asset via our App. Please see https://app.acuteart.com/about/ for how to download the App.
- 3.4 When purchasing a Digital Asset from us, you are acquiring the non-exclusive rights to download, view, and interact with the Digital Asset on your device(s) (whether your mobile phone, computer, or a VR headset). Once the purchase has been made in accordance with these terms, your Digital Asset will be available to you immediately within the App.
- For rent
- 3.5 It may also be possible to rent a Digital Asset from us, for a limited period only. Where this is possible, it will be stated on the relevant page of the website, with details of how much it will cost to rent the Digital Asset and for how long you will be able to view and interact with it (“Rental Period“).
- 3.6 We are under no obligation to make Digital Assets available for rent. Where a Digital Asset is available for rent, you will be able to rent it via our mobile app as an in-app purchase.
- 3.7 Renting a Digital Asset will enable you to interact with the Digital Asset for the Rental Period stated on the relevant page of the website or the App. Once we have received payment from you, you will receive a code from us which will enable you to download the Digital Asset to your device. This code is unique to you and to the edition of the Digital Asset you have purchased, and must not be copied, sold, or transferred to a third party, other than in accordance with these terms.
- 3.8 Once the Rental Period has expired, you will no longer be able to see the Digital Asset in the App, and your rights to view and interact the Digital Asset will automatically terminate. If you want to continue viewing the Digital Asset, you will be able to find out from the App or the website if it is possible either to rent the Digital Asset again, or purchase it in accordance with these terms.
4. OUR CONTRACT WITH YOU
- 4.1 How we will accept your order. Our acceptance of your order to purchase or rent a Digital Asset will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- 4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing by email, and will not charge you for the Digital Asset. Amongst other things, this might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Digital Asset.
- 4.3 Your order number. We will assign an order number to your Transaction and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your Transaction.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the Digital Assets. We may change the Digital Assets:
- (a) to reflect changes in relevant laws and regulatory requirements, although such changes should not materially impact the design or your enjoyment of the Digital Asset; and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use or enjoyment of the Digital Asset.
5.2 More significant changes to the Digital Assets and these terms. In addition, we may make the following changes to these terms or the Digital Asset:
- (a) changes to the quantity of Digital Assets available on the website for download (whether for rent or for sale);
- (b) changes to the design of the Digital Asset where the agreement we have with an artist requires us to do so;
- (c) changes to the location(s) of the Digital Assets or the potential locations Digital Assets can be placed;
- (d) removing the Digital Asset from the website where we are required to do so by an artist or a third party, or due to another reason such as complying with our legal obligations.
- 5.3 Updates to Digital Assets. We may update or require you to apply updates your Digital Asset(s), provided that they shall always materially match the description of it that was provided to you before you bought it.
6. DOWNLOADING YOUR DIGITAL ASSET
- 6.1 When we will provide the Digital Asset. Your Digital Asset will be made available to you for download as soon as we accept your order and have received full payment for it.
- 6.2 We are not responsible for delays outside our control. If for any reason the making available of your Digital Asset for download by you is delayed by an event outside our control, we will contact you as soon as possible to let you know. We will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable to you for delays caused by such an event. In the unlikely event that there is a risk of a substantial delay, you may contact us to cancel the Transaction and request a refund for any Digital Asset you have paid for but not received.
- 6.3 Information we require from you. We may need certain information from you so that we can supply the Digital Asset to you, for example, we may need to receive certain information and documentation from you in order to confirm your identity for anti-money laundering purposes. You may be required to upload such documentation to our website before you are able to proceed with the Transaction, or we may instead contact you by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either have to cancel the Transaction (and Clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Digital Assets to you late or not supplying them at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Unavailability of Digital Assets. We may have to suspend the availability of a Digital Asset to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the Digital Asset to reflect changes in relevant laws and regulatory requirements;
- (c) make changes to the Digital Asset as required by an artist or notified by us to you for legal reasons (see Clause 6).
Where we have to do this, we will remove the suspension as soon as we possibly can once the reason for the suspension has been addressed.
- 6.5 Your rights if your Digital Asset is unavailable. We will use our reasonable efforts to contact you in advance to tell you if the availability of your Digital Asset is going to be affected, unless the problem is urgent or an emergency. If we have to suspend the availability of a Digital Asset so that it is not available to you to view or interact with for a substantial period of time, we will notify you of this and we will work to restore your access to your Digital Asset as quickly as we can.
7. YOUR RIGHTS TO CANCEL THE TRANSACTION
7.1 Cancelling your Transaction. Your rights to cancel the Transaction depend on whether you have purchased or rented a Digital Asset, whether you have already downloaded the Digital Asset, whether there is anything wrong with it, how we are performing, and when you decide you want to cancel the Transaction:
- (a) if the Digital Asset is faulty or misdescribed you may have a legal right to cancel the Transaction (or to get it repaired or replaced, or to get some or all of your money back), see clause 10;
- (b) If you want to cancel the Transaction because of something we have done or have told you we are going to do, see Clause 7.2
- (c) If you have just changed your mind about the Digital Asset, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- (d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 7.4.
7.2 Cancelling the Transaction because of something we have done or are going to do. If you are cancelling the Transaction for a reason set out at (a) to (e) below, the Transaction will end immediately and we will refund you in full for any Digital Asset which has not yet been provided to you, or downloaded by you. The reasons are:
- (a) we have told you about an upcoming significant change to the Digital Asset or these terms which you do not agree to;
- (b) we have told you about an error in the price or description of the Digital Asset you have ordered and you do not wish to proceed;
- (c) there is a risk that delivery of the Digital Asset to you may be significantly delayed because of events outside our control;
- (d) we have suspended the Digital Asset for technical reasons, or notify you we are going to suspend it for technical reasons; or
- (e) you have a legal right to cancel the Transaction because of something we have done wrong.
- 7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and to receive a full refund. This legal right does not apply to digital content, which includes the Digital Assets, after you have started to download them. You can therefore only change your mind under the Consumer Contract Regulations 2013 before you access the Digital Asset within the App. As soon as you access the the Digital Asset within the App, you will lose your right to change your mind.
8. HOW TO CANCEL THE TRANSACTION (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- 8.1 Tell us you want to cancel. If you are permitted to cancel your Transaction in accordance with these terms and you want to do that, please let us know by doing one of the following:
- 8.2 How we will refund you. We will refund you the price you paid for the Digital Asset, by the method you used for payment.
- 8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO CANCEL THE TRANSACTION
9.1 We may cancel the Transaction if you break the contract between us. We may cancel the Transaction at any time by writing to you if:
- (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; or
- (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, any identity documentation we reasonably require to complete the Transaction.
- 9.2 You must compensate us if you break the contract between us. If we cancel the Transaction in the situations set out in Clause 9.1 we will refund any money you have paid in advance for a Digital Asset that has not yet been made available to you, or downloaded by you, provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract between us.
10. IF THERE IS A PROBLEM WITH THE DIGITAL ASSET
- 10.1 How to tell us about problems. If you have any questions or complaints about the Digital Asset you have purchased or rented, please contact us. You can write to us at CustomerSupport@AcuteArt.com.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the below for a summary of your key legal rights in relation to any Digital Asset you purchase or rent from us. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, for example the App or any Digital Assets you purchase or rent from us, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
(a) If your Digital Asset is faulty, you’re entitled to a repair or a replacement.
- (b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- (c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
- See also Clause 7.3.
11. PRICE AND PAYMENT
- 11.1 Where to find the price for the Digital Asset. The price of the product (which includes VAT) will be the price indicated on the relevant page of the website (or the App) when you placed your order. We take all reasonable care to ensure that the price of the Digital Asset advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the Digital Asset you order.
- 11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Digital Asset, we will adjust the rate of VAT that you pay, unless you have already paid for the Digital Asset in full before the change in the rate of VAT takes effect.
- 11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Digital Assets we advertise may be incorrectly priced. We will normally check prices before accepting your order so that, where the Digital Asset’s correct price at your order date is less than our stated price at your order date, we will charge you the lower amount. If the Digital Asset’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order and process the Transaction.
- 11.4 When you must pay and how you must pay. You must pay for the Digital Assets before you can download them. All payments will be processed by our chosen payment provider, which is currently Stripe, Inc. Please ensure you have read and understand Stripe’s terms and conditions, which will apply to any payments they process relating to your purchase or rental of a Digital Asset. Stripe, Inc.’s terms and conditions are available at https://stripe.com/payment-terms/legal.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract we have with you, or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Our responsibility to you for foreseeable losses will never exceed the total price you have paid to us for a Digital Asset.
- 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
- 12.3 When we are liable for damage to your property. If a defective Digital Asset damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you reasonable compensation, up to a maximum of £100. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- 12.4 We are not liable for business losses. The Digital Assets are for domestic and private use only. If you use the Digital Assets for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
- 14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
- 14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer the rights you are granted by us under these terms relating to a Digital Asset you have purchased (not rented), to a person who has acquired the Digital Asset from you, provided always that you comply with our Secondary Sales Terms https://app.acuteart.com/terms-of-sales. We may require the person to whom the Digital Asset is transferred to provide reasonable evidence that they are now the owner of the Digital Asset in order to transfer the code needed to download the Digital Asset to its new owner. You acknowledge and agree that we will receive 15% of any sales you make of Digital Assets you have purchased from us.
- 14.3 Nobody else has any rights under this contract (except someone you sell a Digital Asset to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. If you have sold a Digital Asset you purchased from us to another person, they will have the rights under these terms and can enforce any part of it.
- 14.4 If a court finds part of this contract unlawful or unenforceable, 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.
- 14.5 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 the contract between us, 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. For example, if you miss a payment and we do not chase you but accidentally still make the Digital Asset available to you, we can still require you to make the payment at a later date.
- 14.6 Which laws apply to your Transaction and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live abroad, you can bring legal proceedings in the country in which you are resident.
- 14.7 Alternative dispute resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.