Effective Date: August 2026

These Seller Membership Terms ("Terms") govern the relationship between Latitudes Online (Pty) Ltd ("Latitudes", "we", "our" or "us") and any artist, gallery or organisation ("Seller", "you" or "your") listing artworks for sale on the Latitudes Online platform (“Platform”).

By creating a Seller account, accepting these Terms electronically, paying the applicable Membership Fee or continuing to use the platform, you agree to be bound by these Terms.

1. Seller Membership

Seller Membership provides approved artists, galleries and organisations with access to list and sell artworks through the Platform.

Membership becomes active once:

• your application has been approved by Latitudes;
• you have accepted these Terms; and
• you have paid the applicable Membership Fee.

Membership is valid for twelve (12) months and may be renewed annually.

The Platform is a curated marketplace. Acceptance of applications, Sellers and artworks remains entirely at the discretion of Latitudes.

2. Membership Fees and Commission

Membership Fees and commission rates are published on the Latitudes website and may be updated from time to time.

At the Effective Date of these Terms:
Membership Fees and Commission

• Artist: Annual membership fee of R1,800 with a 30% commission.
  
• Gallery / Organisation: Annual membership fee of R5,400 with a 20% commission.
  

Commission applies to all sales that originate through Latitudes, including purchases completed directly through the Platform or sales resulting from introductions or enquiries generated by Latitudes.

Latitudes may amend Membership Fees or commission rates by publishing updated fees before the next renewal period.

3. Listing Artworks

Sellers are responsible for ensuring that all information submitted to Latitudes is accurate, complete and kept up to date.

By listing an artwork, you confirm that:

• you have the legal authority to sell the artwork;
• all descriptions, artwork locations, dimensions, prices and edition details are accurate;
• the images fairly represent the artwork;
• the artwork does not infringe the rights of any third party.

If an artwork is sold elsewhere or becomes unavailable, you must update or remove the listing as soon as reasonably possible.

4. Sales Through Latitudes

A sale is considered to have originated through Latitudes where:

• the transaction is completed through the Platform;
• the Purchaser first became aware of the artwork or Seller through Latitudes;
• Latitudes introduced the purchaser to the Seller; or
• Latitudes materially facilitated the transaction.

Sellers agree not to bypass Latitudes in order to avoid paying commission. Where a transaction originates through Latitudes, the applicable commission remains payable regardless of how the final sale is completed.

5. Payments

Latitudes will collect payment from the Purchaser where applicable and will pay the Seller the balance owing after deducting the agreed commission and any other authorised deductions, such as VAT.

Latitudes will release payment to the Seller 14 days after receiving payment for the order, once the artwork has been delivered to and accepted by the Purchaser. This is to allow for returns, in accordance with South Africa’s Consumer Protection Act (CPA).

6. Cancellations, Returns and Refunds

• Cancellations: If a Purchaser cancels an order before shipping, Latitudes will confirm with the Seller and process any applicable refunds.
• Damaged or Misrepresented Works: If an artwork arrives damaged or does not match the online listing, the Purchaser may request a return or refund. Sellers may be responsible for return shipping costs in such cases.
• Final Sales: Unless otherwise stated, all sales are considered final once the artwork has been delivered and accepted by the Purchaser.

The Seller is responsible for ensuring that banking details supplied to Latitudes are accurate.

7. Shipping and Delivery

Following a confirmed sale, Latitudes will advise the Seller of the required delivery method.

Depending on the transaction, the Seller will either:

• deliver the artwork to a Latitudes-designated depot; or
• deliver the artwork directly to the Purchaser.

Where Latitudes requests direct delivery to the Purchaser, Latitudes may pay the Seller an agreed delivery fee.

The Seller is responsible for ensuring that artworks are professionally packaged, accurately described and made available within the agreed timeframe.

Risk of loss or damage remains with the Seller until the artwork has been delivered to the designated Latitudes depot or directly to the Purchaser, as instructed by Latitudes.

8. Marketing and Intellectual Property

The Seller retains ownership of all intellectual property relating to their artworks.

The Seller grants Latitudes a non-exclusive, worldwide, royalty-free licence to use supplied artwork images, biographies and related content for the promotion of:

• the Latitudes website;
• exhibitions and viewing rooms;
• newsletters;
• social media;
• press;
• marketing and promotional material; and
• other activities relating to the promotion of Latitudes and its Sellers.

This licence continues for archival and promotional purposes after an artwork has been sold unless otherwise agreed.

9. Seller Responsibilities

Sellers agree to:

• maintain accurate artwork information and pricing;
• respond promptly to reasonable requests from Latitudes;
• fulfil confirmed sales;
• conduct themselves professionally when dealing with collectors and clients introduced through Latitudes;
• maintain accurate contact and banking details; and
• uphold the reputation of the Platform.

10. Suspension and Termination

Latitudes may suspend or terminate a Seller’s Membership where a Seller:

• breaches these Terms;
• repeatedly provides inaccurate information;
• fails to fulfil confirmed sales;
• attempts to avoid paying commission;
• engages in dishonest or fraudulent conduct; or
• acts in a manner that may damage the reputation of Latitudes.

Membership Fees are non-refundable except where required by law.

Termination does not affect any commission that remains payable on transactions already introduced through Latitudes.

11. Liability and Legal Matters

Sellers remain responsible for their own tax obligations, including VAT where applicable.

Nothing in these Terms limits any rights available under applicable South African law, including the Consumer Protection Act.

Neither party shall be liable for delays or failure to perform obligations resulting from circumstances beyond their reasonable control, including natural disasters, strikes, transport disruptions, power failures or government action.

These Terms are governed by the laws of the Republic of South Africa.

12. Changes to these Terms

Latitudes may update these Terms from time to time.

Updated Terms will be published on the Latitudes website.

Continued use of the Platform or renewal of Membership constitutes acceptance of the updated Terms.

13. Acceptance

By creating a Seller account, accepting these Terms electronically and paying the applicable Membership Fee, the Seller confirms that they have read, understood and agree to be legally bound by these Seller Membership Terms.