Terms & Conditions – Spektacle

SPEKTACLE

Last Updated: October 27, 2025

Trading As: SPEKTACLE / John Noi

Location: London, United Kingdom

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1. INTRODUCTION & ACCEPTANCE

1.1 Agreement to Terms

By accessing this website, placing an order, or purchasing any product from SPEKTACLE, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use this website or purchase our products.

1.2 Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after changes constitutes acceptance of the modified terms. We recommend reviewing these terms periodically.

1.3 Definitions

“We,” “Us,” “Our” refers to SPEKTACLE / John Noi
“You,” “Your” refers to the purchaser or website user
“Portraits” refers to the physical artworks sold by SPEKTACLE
“Editions” refers to limited edition versions of portraits (sold editions)
“Original” refers to portraits found in physical street locations (not sold, kept by finders for free)
“Artist Editions” or “A/E” refers to special editions outside the numbered run, reserved for the artist
“NFC” refers to Near Field Communication technology embedded in portraits
“Interactive Content” refers to digital experiences accessed via NFC

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2. PRODUCT DESCRIPTION & NATURE OF PURCHASE

2.1 What You Are Buying

SPEKTACLE sells limited edition physical artworks with embedded NFC technology that provides access to interactive digital content. Each purchase includes:

One (1) physical portrait artwork
Colour print on Fuji archival paper
NFC chip embedded in the artwork (invisible)
Hand-numbered edition certificate
Certificate of authenticity
Lifetime access to interactive digital content
Future content updates at artist’s discretion
Worldwide shipping in protective tube

2.2 Limited Editions & Types

Standard Editions:

Each portrait is typically limited to a maximum of 10 Editions (sold editions)
1 Original may be placed on the street for discovery (found free, not sold)
Edition numbers are assigned on a first-come, first-served basis
Once an edition number is claimed, it cannot be reassigned
Not all portraits will release full runs of 10 Editions
Edition quantities may be reduced based on artistic decision or demand

Artist Editions (A/E):

Separate from the numbered edition run
Marked as “A/E” (Artist Edition) rather than numbered
Not counted within the 10 Edition limit
Reserved for the artist’s personal collection, collaborators, or special purposes
May occasionally be made available for sale or gifted
Identical to numbered Editions in all other respects (size, materials, interactive content)

Note: Some portraits may have different edition structures. Always check the specific product page for edition details.

2.3 NOT AN INVESTMENT

CRITICAL DISCLAIMER: SPEKTACLE portraits are limited edition collectible artworks, NOT financial investments or securities. You should purchase ONLY because you wish to own and enjoy the physical artwork and interactive experiences.

While limited edition art may appreciate in value in the secondary market (as collectible art sometimes does), this is NOT guaranteed and should NOT be your primary motivation for purchase. Any statements about pricing progression relate to our early collector pricing model, not promises or projections about future resale value.

We make NO guarantees, representations, or warranties about:

Future appreciation or resale value
Secondary market demand
Investment returns or financial gains
Profit potential

By purchasing, you acknowledge that you are buying collectible art for personal ownership and enjoyment, not as a financial investment.

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3. PRICING & PAYMENT

3.1 Pricing Models

Standard Pricing:

Most SPEKTACLE portraits are sold at fixed prices that do not change after launch.

“The Living Ten” Series – Dynamic Pricing Model:

For portraits in “The Living Ten” series specifically, we operate an early collector pricing model where:

All Editions within The Living Ten series cost the same price at any given time
Prices increase when specific street portraits from The Living Ten are found in physical locations
Price increases are triggered by external street discovery events, not by our discretionary actions
Each portrait’s Edition price increases when that specific portrait is found on the street (e.g., VENETIA’s Edition price increases when VENETIA is found in London)
Current pricing is displayed clearly on product pages at time of purchase
Price schedules are published for transparency but are subject to change

This dynamic pricing model applies only to The Living Ten series and may not apply to future portrait releases.

3.2 Price at Purchase

You will pay the price displayed at the time you complete your purchase. Once payment is confirmed, your price is locked and will not increase even if general pricing changes before your order ships.

3.3 Payment Methods

We accept payment via credit cards, debit cards, and other payment methods displayed at checkout. All payments are processed securely through our payment processor.

3.4 Currency

All prices are displayed in British Pounds (GBP £). If you are paying in another currency, your bank or payment provider may apply currency conversion fees.

3.5 Taxes

Prices include UK VAT where applicable. International customers may be responsible for import duties, customs fees, or local taxes in their jurisdiction. These are not included in our prices and are the buyer’s responsibility.

3.6 Payment Confirmation

Your order is not confirmed until we receive payment confirmation. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product availability, errors in pricing or product information, or suspected fraudulent transactions.

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4. ORDERING & ORDER ACCEPTANCE

4.1 Order Process

To place an order:

Select your desired portrait
Add to cart and proceed to checkout
Provide accurate shipping and contact information
Complete payment
Receive order confirmation via email

4.2 Order Confirmation

We will send you an email confirming receipt of your order. This does NOT constitute acceptance of your order. Order acceptance occurs when we send you an email confirming dispatch of your product.

4.3 Right to Refuse

We reserve the right to refuse any order for any reason, including but not limited to:

Suspected fraudulent transactions
Product unavailability
Pricing or product information errors
Failure to meet age, identity, or other verification requirements
Violation of these Terms and Conditions

4.4 Edition Number Availability

Edition numbers are allocated first-come, first-served.

4.5 Multiple Purchases

There is no limit on the number of Editions you may purchase across different portraits. However, you may only purchase one of each specific edition number per portrait (e.g., you cannot buy VENETIA Edition 1/10 twice).

Artist Editions (A/E) are handled separately and may have their own purchase restrictions depending on availability.

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5. SHIPPING & DELIVERY

5.1 Shipping Timeframe

Orders typically ship within 2-3 weeks of payment confirmation. Custom or made-to-order portraits may take longer. We will notify you if there are delays.

5.2 Shipping Locations

We ship worldwide from London, United Kingdom. Shipping costs vary by destination and will be calculated at checkout.

5.3 Shipping Carrier

We use reputable international carriers and will provide tracking information once your order ships.

5.4 Delivery Timeframes

UK: 3-5 business days after dispatch
Europe: 5-10 business days after dispatch
Rest of World: 10-21 business days after dispatch

These are estimates only and not guarantees. Delays may occur due to customs, weather, or carrier issues beyond our control.

5.5 Shipping Address

You are responsible for providing accurate shipping information. We are not responsible for delays or non-delivery caused by incorrect addresses. If a package is returned to us due to an incorrect address you provided, you will be responsible for reshipping costs.

5.6 Risk of Loss

Risk of loss and title for products pass to you upon delivery to the shipping carrier.

5.7 Import Duties & Customs

International customers are responsible for all import duties, customs fees, taxes, and other charges imposed by their country. These are not included in our prices. Please check with your local customs office before ordering.

5.8 Lost or Damaged Shipments

If your package is lost or damaged in transit, please contact us immediately. We will work with the carrier to resolve the issue. You may be required to file a claim with the carrier.

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6. RETURNS, REFUNDS & CANCELLATIONS

6.1 Custom Nature of Products

All portraits are custom-produced with specific edition numbers and are considered personalised goods. As such, standard distance selling regulations may not apply in the same way as mass-produced goods.

6.2 Cancellation Before Shipping

You may cancel your order for a full refund up until we send the dispatch confirmation email. Once your order has shipped, it cannot be cancelled.

6.3 Return for Damaged or Defective Products

If your portrait arrives damaged or defective, you may return it within 14 days of delivery for a full refund or replacement. You must:

Contact us immediately with photos of the damage
Return the item in its original condition and packaging
Provide proof of purchase

We will cover return shipping costs for damaged or defective items.

6.4 Returns for Other Reasons (UK/EU Customers)

Under UK Consumer Contracts Regulations and EU Distance Selling Directives, you may have the right to return products within 14 days of delivery. However, due to the personalised nature of these products (specific edition numbers), this right may be limited. Please contact us to discuss your specific situation.

6.5 Returns for Other Reasons (Non-UK/EU Customers)

Returns for reasons other than damage or defects are handled on a case-by-case basis. Contact us to discuss. You will be responsible for return shipping costs and the item must be returned in original, unused condition.

6.6 Non-Returnable Items

The following cannot be returned:

Products damaged due to misuse, negligence, or accident after delivery
Products returned after the return window has closed
Products not in original condition or packaging

6.7 Refund Processing

Refunds will be issued to the original payment method. Shipping costs are non-refundable except in cases of damage or defects.

6.8 Edition Reassignment

If you return an Edition, the edition number may be made available for purchase by another customer. You will not have any claim to that edition number after returning it.

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7. INTERACTIVE CONTENT & NFC TECHNOLOGY

7.1 What Interactive Content Includes

Each portrait includes access to interactive digital content accessible via NFC chip.

Number of Interaction Zones:

Portraits may contain multiple NFC interaction zones depending on the specific portrait. Each zone triggers different content. Check your specific portrait’s product page for details about its interaction zones.

Common Interaction Zones and Content Types:

Mouth interaction: Responses to questions
Ear interaction: Music recommendations
Eye interaction: Location videos and visual content

Note: Not all portraits have all interaction zones. Some portraits may have only one NFC tag with a single interaction type. Interaction methods may vary between different portrait series or individual portraits.

7.2 Lifetime Access

Your purchase includes lifetime access to interactive content for the portrait you own. “Lifetime” means for as long as SPEKTACLE continues to host and maintain the content AND for as long as the underlying technology remains functional and accessible, subject to Section 7.6 below.

As stated on the product: “This portrait lives as long as I do.”

Technology Limitations:

Interactive content relies on NFC technology and smartphone compatibility. Access may be affected by:

NFC technology becoming obsolete or unsupported
Smartphones no longer supporting NFC reading
Changes in mobile operating systems (iOS, Android) that affect NFC functionality
Evolution of mobile technology away from current standards

We will make reasonable efforts to provide alternative access methods (such as QR codes) if NFC technology becomes obsolete, but cannot guarantee perpetual access if the underlying technology fundamentally changes or disappears.

7.3 Content Updates

Interactive content is “living” and may evolve, change, or update over time at the artist’s discretion. Updates may include:

New audio, video, or visual content
Updated text or messaging
New links or external resources

We do NOT guarantee:

Frequency of updates (may be weekly, monthly, or sporadic)
Specific types of content
Advanced notice of changes
Preservation of previous content versions

By purchasing, you accept that content may change without notice. Updates are irregular and at the artist’s discretion.

7.4 Technical Requirements

To access interactive content, you currently need:

A smartphone with NFC capability (iPhone 7+ or most Android phones from 2015+)
OR a smartphone with camera
Internet connection
Updated web browser

Important: These requirements reflect current technology standards (as of October 2025). Future changes in mobile technology, operating systems, or industry standards may affect access. We are not responsible if:

Your device does not support NFC or QR code reading
Future devices discontinue NFC support
Operating system updates break NFC functionality
The technology becomes obsolete

We will make reasonable efforts to adapt to technological changes, but cannot guarantee compatibility with all future devices and platforms.

7.5 External Platforms

Some content may be hosted on or link to external platforms (Bandcamp, YouTube, etc.). We do not control these platforms and are not responsible for:

Their availability or functionality
Changes to their terms of service
Removal of content by the platform
Platform shutdowns or service interruptions

7.6 Content Hosting & Technology Disclaimer

We will make reasonable efforts to maintain content hosting indefinitely. However, we reserve the right to:

Discontinue hosting if SPEKTACLE ceases operations
Migrate content to different platforms or technologies
Remove or modify content for legal, technical, or artistic reasons
Adapt or change access methods if underlying technology becomes obsolete

Technology Evolution:

The interactive content system relies on current NFC technology and web standards. As technology evolves:

NFC may be replaced by newer standards
Web technologies may change fundamentally
Mobile devices may discontinue support for current methods

If core technologies become obsolete, we will attempt to provide alternative access methods where technically and economically feasible, but cannot guarantee this will always be possible.

We will provide reasonable notice (minimum 90 days when possible) if we plan to discontinue content hosting entirely.

7.7 No Guarantee of Permanent Availability

While we intend to provide lifetime access, we make no absolute guarantee that content will be available forever. Digital platforms, hosting services, and technologies change over time.

Specific Technology Risks:

NFC technology may become obsolete or unsupported by devices
Web hosting platforms may shut down or change fundamentally
Mobile operating systems may discontinue compatibility
Internet infrastructure may evolve in ways that affect access
File formats and standards may become outdated

By purchasing, you acknowledge and accept:

These inherent limitations of digital content
That access depends on continued functionality of NFC technology and compatible devices
That technological evolution may eventually make access impossible or impractical
That we cannot guarantee perpetual availability beyond our reasonable control

This is a fundamental limitation of any technology-dependent artwork.

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8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership of Artwork

When you purchase a portrait:

You own the physical artwork itself
You do NOT own the intellectual property rights to the image or design
You receive a personal, non-exclusive license to access the interactive digital content

8.2 Copyright and Trademarks

All content on this website and in the portraits, including but not limited to:

Photographs and digital artwork
Portrait designs and compositions
Interactive content (audio, video, text)
SPEKTACLE branding and logos
Website design and code

…is owned by or licensed to SPEKTACLE / John Noi and is protected by UK and international copyright, trademark, and other intellectual property laws.

8.3 Permitted Uses

You may:

Display your physical portrait in your home or private space
Share photos of your portrait on social media for personal, non-commercial purposes
Access and enjoy the interactive content for personal use
Resell your physical portrait on the secondary market (but the new owner receives the license to access content, not you)

8.4 Prohibited Uses

You may NOT:

Reproduce, copy, or create derivative works from the portrait design
Use the portrait image or SPEKTACLE branding for commercial purposes
Mass-produce prints or merchandise featuring the portrait
Extract, copy, or redistribute the NFC content
Reverse engineer or tamper with the NFC technology
Claim ownership of the intellectual property
Remove or obscure copyright notices or edition numbers

8.5 Commercial Use Licensing

If you wish to use SPEKTACLE artwork for commercial purposes, you must obtain written permission and licensing. Contact us at studio@spektacle.com.

8.6 Moral Rights

As the artist, John Noi (SPEKTACLE) retains moral rights to:

Be identified as the creator
Object to derogatory treatment of the work
Prevent false attribution

You agree to respect these moral rights when displaying or sharing your portrait.

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9. LIMITATION OF LIABILITY

9.1 Maximum Liability

To the fullest extent permitted by law, our total liability to you for any claims arising from your purchase or use of our products or website shall not exceed the amount you paid for the specific product giving rise to the claim.

9.2 Excluded Damages

We are NOT liable for:

Lost profits or business opportunities
Loss of data or content
Indirect, incidental, or consequential damages
Damages arising from third-party services (payment processors, shipping carriers, external platforms)
Damages from changes or discontinuation of interactive content
Secondary market value fluctuations
Inability to access content due to device limitations
Damage to portraits caused by misuse, accident, or normal wear

9.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any other liability that cannot be excluded under UK law

9.4 Digital Content Risks

You acknowledge that digital content and technologies carry inherent risks:

Platforms may shut down or change
File formats may become obsolete
Hosting services may fail
NFC technology may become outdated
Content may be lost or corrupted

We make reasonable efforts to mitigate these risks but cannot guarantee perpetual availability.

9.5 Street Discovery Risks

For portraits discovered in physical locations (not sold), additional risks apply:

Weather damage before discovery
Theft or vandalism
Deterioration from exposure
Competition from other seekers

We are not liable for the condition of portraits found in the wild.

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10. WARRANTIES AND DISCLAIMERS

10.1 Product Quality Warranty

We warrant that:

Portraits are printed on quality materials as described
NFC chips function at time of shipment
Portraits are free from manufacturing defects at time of shipment

This warranty is valid for 30 days from delivery.

10.2 NO OTHER WARRANTIES

Except as expressly stated above, we provide products “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including but not limited to:

Merchantability
Fitness for a particular purpose
Non-infringement
Uninterrupted or error-free operation
Accuracy or reliability of content
Future value or appreciation

10.3 Technology Limitations

We do not warrant that:

NFC technology will work with all devices
Interactive content will be available indefinitely
External platforms will remain accessible
Content will never change or be removed
Your device will remain compatible over time

10.4 Third-Party Content

We do not warrant or endorse any third-party content, platforms, or services accessed through our portraits (e.g., music platforms, external websites).

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11. INDEMNIFICATION

11.1 Your Agreement to Indemnify

You agree to indemnify, defend, and hold harmless SPEKTACLE, John Noi, and our affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:

Your violation of these Terms and Conditions
Your misuse of the products or website
Your violation of any third-party rights (including intellectual property rights)
Fraudulent or illegal activities
Inaccurate information you provide
Your resale or commercial use of portraits without permission

11.2 Our Rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

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12. USER CONDUCT

12.1 Acceptable Use

When using our website or purchasing products, you agree to:

Provide accurate, current, and complete information
Use the website only for lawful purposes
Not attempt to circumvent security measures
Not interfere with website functionality
Not engage in fraudulent activities
Respect intellectual property rights
Not abuse or harass our staff

12.2 Prohibited Activities

You may NOT:

Hack, reverse engineer, or attempt to access unauthorized areas of the website
Use automated systems (bots) to make purchases or access content
Attempt to manipulate the pricing system
Make false or fraudulent discovery claims
Reproduce or distribute NFC chip technology
Steal, damage, or destroy portraits placed for discovery
Resell portraits obtained through fraudulent means
Impersonate SPEKTACLE or John Noi
Use the website to distribute malware or harmful code

12.3 Account Termination

We reserve the right to refuse service, cancel orders, or ban users who violate these terms or engage in behavior we deem inappropriate or harmful.

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13. PRIVACY & DATA PROTECTION

13.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at https://www.spektacle.com/privacy-policy.

13.2 Data We Collect

To process your order, we collect:

Name and shipping address
Email address and phone number
Payment information (processed securely by our payment processor)
Order history and preferences
Communication history

13.3 Use of Data

We use your data to:

Process and fulfill orders
Communicate about your order status
Provide customer support
Send updates about your portrait or SPEKTACLE (with your consent)
Comply with legal obligations
Prevent fraud

13.4 Data Retention

We retain your data for as long as necessary to fulfill the purposes outlined above and comply with legal obligations. You may request deletion of your data subject to legal requirements.

13.5 Your Rights

Under UK GDPR, you have rights to:

Access your personal data
Correct inaccurate data
Request deletion of your data
Object to processing
Data portability
Withdraw consent

13.6 NFC Usage Data

When you tap your portrait’s NFC chip, we may collect anonymized usage data (date/time of access, content accessed, interaction zone) to improve our services. This data is not linked to your personal identity unless you voluntarily provide it (e.g., by contacting us about technical issues).

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14. ANTI-MONEY LAUNDERING (AML) COMPLIANCE

14.1 AML Requirements

As an art market participant, we are subject to UK anti-money laundering regulations. For certain transactions, we may be required to verify your identity and source of funds.

14.2 High-Value Transactions

For purchases over £10,000 (or equivalent), we are legally required to:

Verify your identity (government-issued ID)
Verify your address (utility bill or bank statement)
Understand the source of your funds
Maintain records of the transaction

14.3 Cooperation Required

You agree to provide any information or documentation we reasonably request to comply with AML regulations. Failure to provide required information may result in order cancellation and refund.

14.4 Suspicious Activity

We reserve the right to refuse or report transactions that appear suspicious or may violate anti-money laundering laws.

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15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms and Conditions are governed by the laws of England and Wales.

15.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15.3 Informal Resolution

Before initiating legal action, we encourage you to contact us at studio@spektacle.com to attempt informal resolution of any disputes.

15.4 Limitation Period

Any claims arising from your purchase must be brought within one (1) year of the date the cause of action arose.

15.5 Consumer Rights

Nothing in these Terms affects your statutory consumer rights under UK or EU law (where applicable).

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16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and SPEKTACLE regarding your purchase.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 No Partnership

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and SPEKTACLE.

16.6 Survival

Provisions that by their nature should survive termination (intellectual property, limitation of liability, governing law, etc.) shall survive any termination of these Terms.

16.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

16.8 Language

These Terms are provided in English. Any translation is for convenience only. In case of conflict, the English version prevails.

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17. CONTACT INFORMATION

For questions about these Terms and Conditions, please contact us:

Email: studio@spektacle.com

Instagram: @spektacle

Website: spektacle.com

Response Time: We aim to respond within 48 hours

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18. ACKNOWLEDGMENT

BY MAKING A PURCHASE, YOU ACKNOWLEDGE THAT:

• You have read, understood, and agree to these Terms and Conditions

• You are purchasing collectible art, NOT a financial investment

• You accept all risks regarding secondary market value

• You understand that interactive content may change over time

• You understand that content hosting is not guaranteed in perpetuity

• You accept the limitations of liability outlined herein

• You are at least 18 years old (or have parental consent)

• You have provided accurate information

• You will comply with all applicable laws

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Last Updated: October 27, 2025

Version: 1.1

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END OF TERMS AND CONDITIONS