1. Who We Are & How These Terms Apply

Northsman Ltd, trading as Northsman Art Gallery, Northsman Art, Northsman Gallery, and Northsman Group is the seller of digital artworks offered on this website. By placing an order, you enter into a contract directly with Northsman Ltd.

These terms govern your purchase, use of digital products, and interaction with this website. By ordering or using the site, you agree to these terms (and any referenced policies). We recommend you print or save a copy.

2. Products

All products are digital download files (PNG, JPEG, or similar formats) delivered instantly after payment. No physical items are supplied. You are responsible for ensuring your device, internet connection, and software are compatible with the files. Compatibility information is provided pre-contract on the product page.

3. Price & Payment

Prices are in GBP (or the displayed currency) and include UK VAT where applicable. Customers outside the UK/EU are responsible for any local taxes, duties, import fees, or currency conversion charges.

Payment is processed securely via third-party providers (e.g., Stripe). All sales are final except as stated in Section 6. The total price (including any applicable taxes/fees) is displayed clearly before you place your order.

4. License Granted to You

Upon full payment and subject to these terms, Northsman Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the purchased artwork solely for personal, non-commercial purposes, including:

Viewing on your devices

Making one personal print for home/family display (no resale or public display)

Using as personal wallpaper or sharing on social media (with reasonable credit to Northsman Art Gallery/ the artist, e.g., "https://nortshman.gallery")

You may NOT:

Resell, redistribute, share, rent, lend, or use commercially

Incorporate into merchandise, NFTs, advertising, stock imagery, prints for sale, or AI training datasets

Substantially modify, remove/alter watermarks, metadata, copyright notices, or signatures

Reverse engineer, decompile, or extract source elements

Unauthorized use constitutes a material breach, may result in immediate license revocation (without refund), and may lead to legal action for copyright infringement.

5. Delivery

Artworks are delivered via:

Instant download link sent by email

Download available in your customer account (if registered)

Download links expire after 30 days. You are responsible for saving/backing up your files immediately upon receipt. Limited re-downloads may be available via your account at our discretion (contact support if needed). We are not responsible for loss of files after delivery.

6. Right to Cancel / Refund

UK & EU Consumers (under Consumer Contracts Regulations 2013 and Consumer Rights Act 2015)

You normally have a 14-day right to cancel (cooling-off period) starting from the day the contract is concluded. However, for digital content supplied immediately, this right is lost once delivery begins if you give express consent and acknowledge the loss.

By checking the box at checkout labelled (or equivalent):

"I consent to immediate delivery of the digital content and expressly acknowledge that I will lose my 14-day right to cancel once the download begins."

…you confirm you want immediate access and accept loss of the cancellation right. We will not start delivery until you provide this consent.

If you do not give this consent, delivery will be delayed until the 14-day period ends (or you later consent).

If the file is defective, corrupted, not as described, or fails to download due to our error, contact us within 30 days. We will, at our discretion, replace the file or refund the price paid. Your statutory rights to receive digital content of satisfactory quality, fit for purpose, and as described remain unaffected.

For cases where the 14-day right applies, you may use the model cancellation form below (or write to us with equivalent details):

Model Cancellation Form (from Schedule 3 of the Consumer Contracts Regulations 2013)

To: Northsman Ltd, First Floor Office, 3 Hornton Place, London W8 4LZ, UK

Email: northsman.art@gmail.com

I/We....hereby give notice that I/We... cancel my/our....contract of sale of the following goods.../for the supply of the following service.../for the supply of the following digital content not on a tangible medium...,

Ordered on.../received on...,

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date:

Other Countries

No statutory 14-day cooling-off right generally applies to immediate digital downloads. If you claim the file is defective, corrupted, not as described, or fails to download due to our verifiable error, you must contact us within 30 days with detailed evidence (such as screenshots, error messages, or logs showing the issue and your setup). If confirmed as our fault, we will replace the file at our discretion, subject to our rights under these terms (including evidence requirements in the UK/EU section above). Refunds are not offered for overseas customers unless expressly required by mandatory, non-excludable local consumer law that applies to this contract despite the governing law of England and Wales.

7. Third-Party Services & Technical Issues

Our website, payment processing, file delivery, hosting, email communications, and related services rely in part on independent third-party service providers. While we take reasonable care in selecting and working with such providers, we do not control their systems and cannot guarantee continuous availability, performance, or error-free operation.

Northsman Ltd is not responsible for delays, interruptions, failures, data loss, or other issues caused by third-party services, network outages, maintenance, force majeure events, or circumstances beyond our reasonable control.

However, where a third-party technical issue affects your ability to access or receive purchased digital content, we will make reasonable efforts, as a gesture of goodwill and where appropriate, to assist you and communicate with the relevant third party to help resolve the issue.

Nothing in this section limits or excludes any statutory consumer rights that cannot be limited or excluded under applicable law.

8. Intellectual Property

All copyright, moral rights, trademarks, and other IP in the artworks remain with Northsman Ltd or the originating artist. The license in Section 4 is the only permission granted.

9. Disclaimers & Limitation of Liability

The artworks are provided “as is” and “as available”, except to the extent that any implied terms, warranties or conditions cannot be excluded or limited under applicable law, including under the Consumer Rights Act 2015 (such as the rights that the digital content must be of satisfactory quality, fit for any particular purpose made known to us, and as described).

We do not warrant or guarantee that the files will be completely error-free, virus-free, uninterrupted, compatible with every device or software, or suitable for any purpose beyond the personal, non-commercial use expressly licensed in Section 4.

To the fullest extent permitted by law:

Our total liability to you arising out of or in connection with these terms, the contract, or your use of the digital products (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) is limited to the price you paid for the specific product(s) in question.

We shall not be liable for any indirect, consequential, special, incidental or punitive losses or damages, including (but not limited to) loss of profits, loss of business, loss of goodwill, loss of data, loss of opportunity, or any similar losses, even if we have been advised of the possibility of such losses.

Nothing in these terms shall exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any other liability that cannot lawfully be excluded or limited under applicable law (including your non-excludable statutory rights under the Consumer Rights Act 2015).

This section does not affect your statutory rights as a consumer.

10. Data Protection & Privacy

Northsman Ltd is the data controller. We collect personal data (e.g., name, email, billing details, order history) to: process orders, deliver products, provide support, prevent fraud, comply with law, and (with consent where required) send marketing.

Legal bases: contract performance (orders/delivery), legitimate interests (fraud prevention, analytics), legal obligation (tax/VAT records), and consent (marketing).

Data is shared with third-party processors (e.g., payment providers, hosting, email services) under contracts ensuring UK GDPR compliance. Some providers may be outside the UK/EEA; we use appropriate safeguards (e.g., UK adequacy decisions or standard contractual clauses).

Retention: Order data kept for 6 years (tax/legal requirements); marketing data until you unsubscribe.

You have rights under UK GDPR: access, rectification, erasure, restriction, objection, portability. Contact: northsman.gallery@gmail.com. Complaints: Information Commissioner's Office (ico.org.uk).

10A. Cookie and Analytics Policy

This Cookie Policy explains how Northsman Ltd uses cookies and similar technologies on our website. Cookies are small text files placed on your device to help the site function, analyse usage, and improve your experience. We comply with UK GDPR, the Privacy and Electronic Communications Regulations (PECR), and related laws.

Types of Cookies We Use

Strictly Necessary / Essential Cookies (no consent required): These are required for the website to function properly (e.g., session management, security, basic navigation). They are set by our hosting provider Hostinger, and include cookies for site operation, security features, and load balancing. These cookies are typically session-based or last up to 1 year.

Analytics / Performance Cookies (consent required): We use Google Analytics (a third-party service) to collect anonymous information about how visitors use our site (e.g., pages visited, time spent, device/browser info). This helps us improve the website. Google Analytics sets cookies such as:

_ga (distinguishes users; lasts 2 years)

_gid (distinguishes users in a session; lasts 24 hours)

Other short-term cookies for session tracking.

Data is anonymised (e.g., IP addresses are masked in Google Analytics 4), and we do not use advertising or remarketing features. Google acts as our data processor under a contract ensuring UK GDPR compliance.

How We Obtain Consent

We use a cookie consent banner (managed via our site tools) that appears on your first visit. Non-essential cookies (e.g., Google Analytics) are blocked until you give explicit consent by clicking "Accept" (or similar). You can manage or withdraw consent at any time via the banner or browser settings. Consent is freely given, specific, informed, and easy to withdraw (as easy as giving it).

Third Parties & International Transfers

Hostinger (our hosting provider) may set essential cookies; see their Cookie Policy for details: https://www.hostinger.com/legal/cookie-policy

Google Analytics: Data may be transferred to the US; Google uses safeguards (e.g., standard contractual clauses). See Google's cookie info: https://policies.google.com/technologies/cookies and Analytics privacy: https://support.google.com/analytics/answer/6004245

Managing Cookies

You can control cookies via your browser settings (e.g., block or delete them), but this may affect site functionality. For Google Analytics opt-out: https://tools.google.com/dlpage/gaoptout

Changes

We may update this Cookie Policy. Check back periodically.

11. Governing Law & Jurisdiction

These terms are governed by the laws of England and Wales. Disputes are subject to the non-exclusive jurisdiction of the courts of England and Wales. If you are a consumer in another country, you may also benefit from mandatory local consumer protection rules.

12. Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force.

13. Changes to Terms

We may update these terms. The version on the website at purchase applies to that order. Continued use after changes constitutes acceptance of updates.

UPLOAD AGREEMENT

These Artist Upload Terms and Conditions (“Terms”) form a legally binding agreement between you (“Artist”, “you”, “your”) and Northsman Ltd (Company No. 16231846), registered office at First Floor Office, Hornton Place, London W8 4LZ, United Kingdom, trading as Northsman Art Gallery, Nortshman Art, Northsman Gallery, and Northsman Group (“we”, “us”, “our”, the “Platform”), effective when you tick the acceptance checkbox and upload artwork to the Platform (the “Site”).

If you do not agree to these Terms, do not upload Artwork.

1. Definitions

Artwork – any original artistic work within the meaning of Copyright, Design and Patent Act 1988, including but not limited to graphic works, paintings, drawings, photographs, sculptures, collages, illustrations, designs, and works of artistic craftsmanship, whether created in physical or digital form. 

Consignment / Agency – your appointment of Northsman Ltd as your non-exclusive agent to market, promote, and deliver Artwork to buyers.

Sale price – price set for the artwork, inclusive of applicable taxes where required.

Commission – the percentage or fee we retain from each sale.

Net Proceeds – sale price minus commission, taxes, processing fees, refunds, chargebacks, reserves, or other agreed deductions.

1A. Artist Type & Applicability of Terms

When uploading artwork to the platform, you must confirm whether you are acting:

a) As a Business / Legal Entity:

This includes companies, partnerships, LLPs, or sole traders uploading as part of a business or professional activity.

You are acting as a trader under UK law.

All provisions of these Terms apply in full, including payment risk allocation, IP licence, indemnity, liability caps, and variation clauses.

Consumer protection laws do not apply.

b) As a Private Individual / Consumer:

This applies if you are uploading artwork outside your trade, business, craft, or profession, for personal or hobby purposes.

Certain protections apply under the Consumer Rights Act 2015:

Clauses relating to liability caps, indemnity, and variation of Terms must be fair, transparent, and reasonable.

Material changes to these Terms require explicit notice (see Clause 14).

IP licence, notice-and-takedown, and payment risk allocation still apply, but will be enforced in a manner consistent with consumer law.

By selecting your artist type, you confirm that the representations above are true. You agree that Northsman Ltd may rely on your selection to determine the applicability and enforceability of these Terms.

2. Legal Relationship

Northsman Ltd acts solely as your non-exclusive agent.

Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary duty, or trust relationship.

You act at all times as an independent contractor.

Ownership of Artwork remains with you until full payment from the buyer is received.

Funds collected from buyers are processed through third-party payment service providers. Northsman Ltd is not a bank, escrow provider, trustee, or regulated payment institution. No trust is created over any sums received. We hold and process funds solely in accordance with these Terms.

3. Acceptance & Binding Effect

By ticking the checkbox and uploading artwork:

You confirm you have read, understood, and accept these Terms, our Privacy Policy, and our general Website Terms of Use.

You enter into a legally binding agreement under the laws of England and Wales.

Your acceptance will be recorded with timestamp and IP address for proof of consent.

4. Warranties and Representations

You warrant that:

You are the sole creator or have full legal authority to consign the artwork.

The Artwork is original and does not infringe any third-party rights, including copyright, trademark, moral rights, privacy, or other laws.

The artwork is not defamatory, obscene, illegal, fraudulent, or misleading.

All descriptions, pricing, edition numbers, and metadata are accurate.

You have full authority to enter into this agreement.

Breach may result in immediate removal, account suspension, withholding of payments, disclosure of relevant information to affected third parties or authorities, and liability for damages or legal costs.

5. Appointment, Consignment & Agency

You appoint Northsman Ltd as your non-exclusive agent to display, market, promote, and sell the Artwork worldwide.

We may use the site and associated channels (social media, marketplaces, partners).

We may reject, remove, suspend, or delist artwork at our discretion, including where we receive a complaint or allegation of infringement.

You retain ownership until full payment; risk passes upon delivery of digital files to the buyer.

6. Pricing, Commission & Payment

You may propose the sale price; we may adjust marketing discounts (up to [10%] unless otherwise agreed).

We retain Commission from Net Proceeds.

Payment to you is made within [30] days of cleared funds actually received and not subject to reversal.

Payment Risk Allocation

We are only obliged to remit Net Proceeds after funds are successfully received, cleared, and not subject to chargeback, reversal, fraud investigation, regulatory hold, or payment processor reserve.

We may:

Delay payouts where reasonably necessary to manage fraud, chargeback, or regulatory risk

Maintain rolling reserves where chargeback risk is identified

Offset amounts owed against future payouts

Right to Withhold: We may withhold payments if we reasonably suspect fraud, IP infringement, breach of Terms, regulatory risk, or chargeback exposure.

Chargebacks & Refunds: If a sale is reversed or refunded after payment, you must repay the relevant amount; we may offset it against future payments.

You acknowledge that payment services are provided by third-party processors and that Northsman Ltd is not liable for processor delays, freezes, or failures beyond our reasonable control.

You are responsible for all taxes and declarations in your jurisdiction.

7. Intellectual Property Licence

You retain all copyright and moral rights.

You grant Northsman Ltd a worldwide, non-exclusive, royalty-free licence to:

Reproduce, adapt, crop, resize, modify for formatting

Publish, distribute, promote, deliver

Archive for reasonable periods

This licence survives termination and applies to marketing, delivery, platform operations, and compliance purposes.

You agree not to upload content that violates third-party IP rights.

IP Notice and Takedown Procedure

If we receive a complaint alleging that artwork infringes intellectual property rights or other laws, we may:

Suspend or remove the artwork

Suspend your account pending investigation

Withhold related funds pending resolution

Consumer-Fair Adjustment:

Where you are uploading as a private individual (Clause 1A(b)), we will act reasonably and, where practicable, provide you with notice of any allegation before removing artwork or withholding funds. We may still suspend access immediately where necessary to comply with legal obligations or prevent harm, fraud, or infringement.

Complaints must include sufficient information to identify the work, the alleged infringement, and proof of ownership or authority.

You agree to:

Promptly respond to any infringement allegation

Provide evidence of ownership or authority upon request

Indemnify us for all claims, legal costs, damages, settlements, or expenses arising from the alleged infringement

We reserve the right to disclose your identity and relevant information to complainants, rights holders, courts, regulators, or law enforcement where reasonably necessary or legally required.

8. Digital Delivery & Risk

You are responsible for preparing artwork for download.

Risk remains with you until the buyer successfully downloads the file.

We are not liable for download failures, corruption, piracy, or unauthorised distribution unless caused by proven negligence.

You are strongly advised to maintain copies of all artworks.

9. Liability

Provided on an “as is” basis.

Northsman Ltd excludes liability for indirect, consequential, special, or economic loss, including lost profits or opportunity.

Maximum aggregate liability for all claims (whether in contract, tort including negligence, misrepresentation, statutory duty, or otherwise) shall not exceed the total Commission received from you in the 12 months preceding the claim.

Does not exclude liability for death, personal injury, fraud, or statutory rights that cannot be excluded.

10. Indemnity

You indemnify Northsman Ltd, its officers, employees, and affiliates from all claims, costs (including legal costs), damages, settlements, regulatory penalties, or losses arising from:

Breach of warranties

IP infringement

Authenticity disputes

Regulatory or tax breaches

Chargebacks or fraud attributable to your artwork

This survives termination.

11. Force Majeure

We are not liable for delays or failure due to:

Acts of God, war, terrorism, cyber-attack, pandemic

Payment processor failure

Internet or hosting disruption

Regulatory or governmental action

12. Termination & Removal

You may request removal of unsold artwork.

We may suspend or terminate your account for breach, legal risk, regulatory risk, infringement complaints, fraud risk, or inactivity.

We may retain funds reasonably necessary to resolve outstanding disputes, chargebacks, or investigations.

Clauses relating to IP licence, indemnity, liability, payment risk allocation, and tax survive termination.

13. Dispute Resolution

Parties will attempt to resolve disputes in good faith via negotiation.

If unresolved within 30 days, disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

14. Entire Agreement & Variation

These Terms (plus Privacy Policy and upload-specific rules) constitute the entire agreement.

We may update these Terms from time to time. For material changes (for example, changes to Commission, IP licence, liability cap, or payment rules):

We will provide clear notice to you via the site or your registered email.

Continued uploads after 14 days from notice will be deemed acceptance.

If you do not accept the material changes, you may request removal of your artwork and terminate your account in accordance with Clause 12.

Non-material changes (clarifications, minor procedural updates, or administrative changes) take effect immediately upon posting and continued use constitutes acceptance.

Last updated: March 2026

Terms, Conditions, Privacy & Upload Agreement