THE GENERAL CONDITIONS OF USE AND SALE OF ARTACTIF
ARTactif is a marketplace published by the company DIGITAL Developments with a capital of 20,000 € and registered with the RCS of Strasbourg (SIREN: 528 971 997). Its head office is located at 1 Place Broglie 67000 Strasbourg, France, telephone: +33 (0) 388 143 181, e-mail: firstname.lastname@example.org , intra-community VAT number N °: FR 77528971997.
ARTactif publishes on a secure platform https://www.artactif.com (hereinafter the“ site ”), a market place (Marketplace) allowing major sellers, after having registered on the site, to get in touch via the intermediary of ARTactif with buyers registered on the site to buy original works of art, digital works (music & video), works in limited series, lithographs, reproductions of 'art and licenses for the use of image rights offered at a fixed price (hereinafter the “products”).
This Site is accessible to all professional and amateur sellers and to professional and private buyers under the URL https://www.artactif.com
The titles of the various articles appearing in these general conditions are purely indicative and do not necessarily determine the content of the articles to which they refer.
1. ARTactif commitments
1.1 In the transaction between the seller and the buyer, ARTactif acts as an intermediary to facilitate and secure the exchanges. ARTactif provides the guarantee of the execution of the sale against the delivery of payment.
1.2 ARTactif undertakes to publish on the site the offers of sellers who meet all the conditions.
1.3 ARTactif commits to the seller:
- To transmit to the seller all orders from the site,
- To collect the amount of the transaction on behalf of the seller and send him as soon as the legal deadline of fourteen ( 14) days of withdrawal from the validation of the receipt of the order by the buyer.
ARTactif commits to the buyer:
- To pass on the orders to the seller (s),
- To confirm the deadline and the final terms of the transaction (shipping method and possible transport costs ),
- Not to deliver the transaction amount to the seller (s) before validation of receipt by the buyer.
- To reimburse the amount of the transaction in case the delivery cannot be made.
1.5 ARTactif delegates the delivery of the goods purchased on the site to the seller concerned.
2. Conditions of registration to the seller area
2.1 Access to the seller\'s area is only possible after registering for our services. It is essential for the identification of any person wishing to offer their works for sale on the site.
2.2 The seller must indicate his name, first name, postal, telephone and electronic coordinates. He chooses his own password to directly manage his account and his works. All information collected by ARTactif remains confidential and is only used within the framework of the activities which bind the sellers and ARTactif.
2.3 The seller must provide complete and accurate information for his registration to be valid. An account is then opened in his name and his registration in the directory validated. This account is accessible at any time by the seller by entering his username and password, the one he himself chose when registering.
2.4 The seller undertakes to update as soon as possible the information provided to ARTactif, in particular concerning its postal address and its delivery address. The seller is solely responsible for the consequences of the failure to update the information. data to ARTactif.
2.5 The registered seller is the only one authorized to use access to the ARTactif seller space thanks to his username and password. In the event of non-compliance by a seller of the general conditions of use of the services of 'ARTactif as set out herein, ARTactif reserves the right at any time to withdraw the product (s) concerned from sale.
2.6 If the seller intends to use the site in a professional capacity, he must specify this on the registration form. He must then comply with all the obligations (in particular arising from the consumer code and the code of trade) incumbent on him by reason of his professional capacity in the context of the conclusion of sales contracts and distance sales contracts.
2.7 Registration for ARTactif services means that the seller acknowledges that he meets the following conditions:
- Be a natural person over the age of 18 and have full legal capacity to conclude a sale,
- Be a natural person under the age of 18 and be emancipated ,
- Be the legal representative of a legal person.
2.8 Paid subscriptions can be terminated by simple email to email@example.com at least one month before the expiration date of the annual commitment.
2.9 The right of withdrawal does not apply to contracts for the provision of services that are fully executed before the end of the withdrawal period or whose execution has begun after the Artist's prior express agreement and express waiver of his/her right of withdrawal.
3. Particular obligations of the seller
3.1 To be able to offer his products for sale, the buyer must be subscribed to the online sale formula or to the Expo Pack or Online Pack. For gallery owners and collectors they must subscribe to the Special Pack (Gallery owners and Collectors ).
3.2 The seller undertakes that any offer for a product corresponds to a material good of which he has full ownership and capacity to sell, available immediately. He further undertakes that the description of the characteristics, capacities, qualities, etc. corresponds to the description of the actual characteristics of the good offered for sale.
3.3 The seller undertakes that the goods designated by the advertisements and / or objects of the contracts of sale are perfectly in accordance with public order, good morals, the law in force, as well as the rights of third parties and that they are not likely to offend the sensitivity of minors. In particular, and without limiting the general application of the preceding paragraph of this article, users are prohibited from selling or acquiring directly or indirectly through the site, in particular: Goods directly or indirectly inciting racism, xenophobia, anti-Semitism, discrimination in particular racial, sexual or religious, hatred or violence; Stolen goods; Property of a defamatory, abusive or invasive nature or honor; Counterfeit goods; Property infringing the rights of authors.
3.4 The seller must write his ad by filling out the form offered by the site. He undertakes to write his ad honestly and in good faith and to describe his property in accordance with the real and objective characteristics of it. The seller is solely responsible for the drafting of his advertisement and for the non-conformity of the good with the qualities which he himself has defined in his advertisement. The seller is also solely responsible for establishing all the elements of the offer, including its ancillary elements such as packaging and transport costs, etc.
3.5 The seller undertakes to send, at his expense, the product suitably packaged within the confirmed period. He freely chooses the mode of transport to ensure the best delivery conditions.
3.6 The seller undertakes to send to ARTactif, within two (2) days of its dispatch or delivery, an e-mail indicating the date on which he sent the goods from the announcement or the date of its delivery to the buyer.
3.7 The seller undertakes to establish for the benefit of the buyer a nominative certificate of the sale made and an invoice in accordance with the legal requirements designating the product sold and the price of the transaction.
4. Specific obligations of the buyer
4.1 On the day of delivery, the buyer is invited to confirm receipt of the goods purchased.
4.2 Any complaint of whatever nature relating to a product must be sent by registered letter AR with a copy to ARTactif as soon as the purchaser becomes aware of the defect affecting the product and will not in any case be admissible only within a period of eight (8) days following the date of receipt.
4.3 In the event of failure to deliver or return the goods to the seller, the buyer will not be able to claim any compensation or interest on the sums possibly immobilized on the occasion of this sale.
5. Sale and effects of the sale
5.1 The sale is deemed to have taken place when ARTactif acknowledges receipt and collection on a suspense account of the full price of the transaction paid by the buyer; the payment of the price of a product by the buyer to ARTactif equivalent to the said offer.
5.2 The service of ARTactif as a partial and independent intermediary authorizes it to collect, in the name and on behalf of the seller, the price of the transaction through the secure electronic payment system set up place on the Site or by any other means, which would subsequently be validated by ARTactif.
5.3 When the buyer has confirmed to ARTactif the good reception of the product in conformity with the offer and his satisfaction in this respect, ARTactif will make the payment to the seller of the full price of the transaction less the commission in a period of fourteen (14) days corresponding to the legal withdrawal period.
5.4 In the absence of express confirmation from the purchaser or in the absence of notification of non-receipt of the product, his agreement on the transaction will be deemed definitively acquired at the expiration of a maximum period of six (6) weeks after the date of dispatch.
This repayment will take place according to the methods indicated in the ARTactif documentation. The seller accepts in advance that the payment by ARTactif of the full price of the transaction may be delayed in the event of a complaint by the buyer during the period of examination thereof.
In the event that the seller is unable to make the delivery on time, ARTactif reserves the right to cancel the sale and refund the 'buyer without the seller being able to claim.
In the event of cancellation of the sale, for whatever reasons, the buyer will not be able to claim any compensation other than the amount of the transaction received.The reimbursement by ARTactif will be made by check or bank transfer depending on the domicile of the buyer.
6. Financial provisions
6.1. The price of the good paid by the buyer (hereinafter the « full price ») includes:
- a. The price determined on the date of the advertisement by the seller (hereinafter the « price of the good »),
- b. The fixed shipping costs lump sum or possibly specific to the order confirmation,
- c. the lump sum of the financial transaction covering the management costs of ARTactif.
6.2 The seller receives, in any event, only a sum equal to the full price less the lump sum and the commission agreed with ARTactif subject to being a subscriber. If applicable, the lump sum of a subscription « Sell online » for an annual amount including tax of fifty-four (72 €) euros will be debited from the sale.
6.3 The commission rate is calculated on the full price of the product invoiced by the seller to the buyer. In consideration for the services provided by ARTactif, the seller authorizes ARTactif, solely because of the acceptance of the offer by the buyer and the full payment by the latter of the price of the transaction, to withhold from the full price a commission of 20%. The management costs remain due even in the event of returns of the goods by the buyer and / or cancellation of the transaction for any other reason. Only the subscription to the « Special Galerists and Collectors Pack » is exempt from the 20% commission.
6.4 Any taxes due on the sums collected by the seller are the responsibility of the latter according to the rules of the legislation in force; ARTactif paying only the taxes on the sums actually received as remuneration of its services.
6.5 Concerning the option « Offer works » in case of unavailability of the work, the buyer will have to choose another available work of the same amount. will have to be reimbursed by the buyer if the duty remains or by ARTactif if the balance produced is in favor of the buyer.
7. Withdrawal period / Returns / Disputes
7.1 The product travels at the risk of the recipient who alone can ascertain the condition of the package and issue the usual reservations with the carrier upon receipt.
7.2 The buyer has, in accordance with the provisions of article L 121-20 of the Consumer Code, a withdrawal period of fourteen (14) clear days from the delivery of the products to return these to the seller at the end of an exchange or refund, without having to justify reasons or to pay penalties. When the period of fourteen (14) days expires on a Saturday, a Sunday, a public holiday or non-working day, it is extended until the next working day.
However, the buyer acknowledges that in application of the provisions of article L 121-20-2 of the consumer code, the right of withdrawal cannot be exercised , except in the specific case of a product defect upon receipt:
- For the supply of products made to measure or to order, according to the particular specifications of the consumer and / or clearly individualized
- For the supply of goods whose price depends fluctuations in financial market rates (jewelry in precious metals),
- For the supply of copiable products (CD, DVD, etc.) or consumables when the packaging is unsealed,
7.3 Goods returned incomplete, damaged or soiled by the buyer will not be taken back.
7.4 In the event of cancellation of the sale, for any reason whatsoever, the buyer cannot claim any compensation other than the amount of the transaction cashed. The reimbursement by ARTactif will be made by check or transfer bank according to the domicile of the buyer.
8.1 The seller guarantees and indemnifies ARTactif at first request against any damage suffered by ARTactif and against any liability action that would be brought against ARTactif on the basis of the violation of any right of a third party. In the case of characterized fraud (fraudulent copying, concealment, illegal importation, etc.), ARTactif will communicate all the necessary information, including personal information, to the competent services responsible for the repression of said fraud and offenses. Without excluding other remedies, ARTactif reserves the right to give a warning to the seller, to temporarily or definitively suspend its registration, to terminate it and to cease providing the ARTactif services in the following cases:
- If the seller violates all or part of these general conditions or of the documents incorporated therein by reference,
- If ARTactif is unable to verify or authenticate the information that the seller has provided, and that the latter does not respond to authentication requests,
- Or if ARTactif thinks that the seller\'s actions are likely to engage its responsibility, that of ARTactif or its users.
8.2 ARTactif cannot be held responsible for any damage suffered by a seller or a buyer, in particular: operating or information losses. ARTactif cannot be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet.
8.3 ARTactif is in no way a reseller of products within the framework of the connection and does not come into possession of said products.
8.4 ARTactif cannot guarantee that the seller\'s product will satisfy the buyer. Likewise, ARTactif cannot guarantee the seller that the Product will not be returned or that the sale will not be canceled by the buyer.
8.5 ARTactif cannot guarantee that the operation of its services will be uninterrupted, error-free or secure. It may interrupt access to the Site for reasons of maintenance and in case of emergency in particular. is bound by an obligation of means concerning the continuity of access to the site.
8.6 The users registered on the site accept that ARTactif keeps and, in the event of a dispute, produces all documents, information and records at its disposal and in particular the identifying pseudonyms, confidential codes and nominative data of the Users concerned.
8.7 Personal information provided by sellers and buyers, as well as any item listed must not: be false, imprecise, untrue, be fraudulent or involve the sale of counterfeit or stolen items, infringe rights copyright, patent rights, trademark rights, trade secrets, other intellectual property rights, the right of disclosure or the privacy of third parties, violate any law or regulation (including, and without limitation , those governing export controls, consumer protection, unfair competition, discriminatory practices or false advertising), be defamatory, slanderous or slanderous, be discriminatory or incite violence or racial hatred,religious or ethnic, contain obscene or pedophile content, contain viruses, Trojan horses, « worms », time bombs, « cancelbots » or any other computer program aimed at damaging or clandestinely intercepting any computer system, any data or information registered, engage the responsibility of ARTactif or result in the loss of the benefit of all or part of the services of its service providers and in particular its Internet service providers.
8.8 ARTactif is not responsible for the content of the advertisements, the fact that the seller is not the legitimate owner of the property of his advertisement, the non-conformity of the property with the description of the advertisement, lies, promises, exaggerations, theft or violence of the seller or the buyer, the error made by the seller or the buyer, the illicit nature of the property of the advertisement, the lack of conclusion of a sale , the proper performance by the parties of their obligations, the absence of delivery by the seller to the buyer of the goods, the return of the goods by the buyer, defects or hidden defects in the goods purchased, the risks attached the transport of goods.
9. Obligations of user-visitors
9.1 Users of ARTactif services undertake not to use software or manual processes to copy the pages of the site or to record or collect information on these pages without the prior express written consent of 'ARTactif. In addition, users agree not to use devices or software of any kind in order to disrupt or attempt to disrupt the proper functioning of the site. Users agree not to take any action that would impose a disproportionate load on them. ARTactif infrastructures. Most of the information contained on the site is updated in real time and is given to ARTactif under license by ARTactif users or third parties. Users agree not to copy, reproduce, alter,modify, create works or disclose to the public all or part of the content of the Site without the prior express written consent of ARTactif or that of the third parties concerned.
9.2 The Internet user is solely responsible for the use of ARTactif services in accordance with the general conditions. In particular, he refrains from selling and / or buying, directly or indirectly, products contrary to good morals and current or future laws and regulations, as well as from using personal information to which he would have access by the site to purchase or sell such products. Likewise, the user is prohibited from selling or buying products which are unauthorized copies or constitute counterfeit products within the meaning of the intellectual property code or products not authorized under legislative or regulatory provisions. The user undertakes to inform ARTactif without delay in the event that he notices the online offer of such products. ARTactif reserves the right to inform the competent authorities of any attempt to sell such products on the site.
9.3 In the event of a dispute, the parties agree that the production by ARTactif of the recordings on the servers of the use of ARTactif\'s services and in particular of the vendor\'s nominative access codes shall prevail between the parties.
9.4 The buyer acknowledges that his acceptance of the offer is made in consideration of the description of the product object of the sale and that it constitutes a firm and irrevocable commitment to contract with the seller under the conditions of the offer . The photos on the site are non-contractual. Any dispute concerning the nature of the item must relate to the description of the product sheet and the seller\'s advertisement.
9.5 The sale is deemed to be perfect between the buyer and the seller once the buyer has confirmed his unconditional agreement to the seller\'s offer and that ARTactif has received full payment of the transaction price.
9.6 As soon as a good has been sold on the site, in order to delegate the delivery to the seller (s) concerned, the buyer accepts that his surname and first name, as well as his delivery address (and possibly his postal and electronic contact details at the seller\'s request) are revealed to the seller. Reciprocally, after the conclusion of the sale, the seller accepts that his surname and first name (and possibly his postal and electronic contact details at the request of the 'buyer) are revealed to the buyer, if the latter so requests, after agreement from ARTactif. Users undertake to keep this information confidential and not to disclose it. They undertake not to infringe to respect the privacy of users and not to send them any message, good,of documentation, in particular advertising material, by any means whatsoever (in particular by post, telephone or electronic means).
10. General provisions
10.1 ARTactif reserves the right to modify the present general conditions according to the evolution of its offer and of the market. They will not apply for the transactions in progress at the time of their entry into force. Occasionally ARTactif may change code, telephone number, renumber, interrupt the service for operational, maintenance or emergency reasons.
10.2 Users of ARTactif services will connect by means of their own telecommunications terminal equipment. ARTactif does not provide users with any material means, telephone installation, terminal equipment or others, nor software or subscription.
10.3 In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the user can at any time access the personal information concerning him that he has communicated to the site, and / or request its rectification, supplement, clarification, update or deletion by e-mail ( firstname.lastname@example.org ), or by simple letter (Digital Developments - ARTactif - 1 Place Broglie - 67000 STRASBOURG - France), indicating their last name, first name, postal and electronic address and their username and password.
10.4 ARTactif cannot be held responsible for any breach of its obligations under these general conditions due to facts beyond its control and / or resulting from a case of force majeure as well as any problems electrical and technical, blocking or failure of networks, external to parties preventing communications.
10.5 ARTactif is not responsible for the alteration, loss or accidental transmission of data or the sending of viruses.
10.6 The site, its content, its catalog, its text illustrations, its photographs and images are the property of ARTactif and / or third parties holding the intellectual property rights of the works and texts presented on the site. It is forbidden to copy and / or download all or part of the site, its content, its catalog, its text, illustrations, photographs and images for commercial use.
10.7 Our tolerance for a breach of these general conditions of use by a user or a third party will not be considered as a tolerance for any other similar or subsequent breach.
10.8 This contract is subject to French law. Any dispute arising from its interpretation and / or its execution falls under the jurisdiction of the Strasbourg Commercial Court.
10.9 The artist allows ARTactif to use the works published on the site to promote and increase the visibility of the artists on all the supports and media used without restriction and without prior agreement.
11. Limitation of liability
11.1 These general conditions are not intended to limit or exclude the liability of ARTactif to the extent that applicable law prohibits such limitation or exclusion. If you are a consumer, the rights granted to you by the law is not called into question.
11.2 Without prejudice to the provisions provided for in the preceding paragraph, ARTactif and its suppliers cannot be held responsible for any loss or alteration of data, any loss of profit, of turnover, of opportunity , time, or any consequential damage, whether said loss or damage is due to negligence or in connection with these terms and conditions, or to any other cause.
11.3 The laws in force in France are different from those in force in other countries on many levels, particularly with regard to goods which may be legally offered for purchase, sold, exported, purchased or imported Likewise, there may be legal requirements, such as possession of a valid license to pursue an activity, or registration for the transfer of certain goods. ARTactif cannot monitor the laws in force in each country. , and even if this were possible, ARTactif could not control the use made of the site by other users.
11.4 The titles of the various articles appearing in these general conditions are purely indicative and do not necessarily determine the content of the articles to which they refer.
12. La vente aux enchères
12.1 Auctions are open to all ARTactif users. Only artists or galleries with an ARTactif account as well as a subscription including the “Online sale” option will have the opportunity to present their works for sale.
12.2 The work
The Artist Seller undertakes to provide an exact, clear and complete description of the work up for auction.
- Any liability to any third party, including Buyer, arising out of or relating to an incorrect, incomplete or inaccurate description of the work (including photos and/or videos) shall be solely the responsibility of the responsibility of the Artist Seller and the latter will fully indemnify ARTactif and release ARTactif from any liability in the event of claims, damages and costs, including attorney's fees, arising from or related to any such incorrectness, incompleteness or inaccuracy .
- The Artist Seller warrants that the work he or she is offering at auction conforms to the description of the work, the photographs and any other materials uploaded and that the work conforms to the reasonable expectations that a Buyer may have. have.
- Removal of the work before or during the Online Auction: the Artist Seller may withdraw works before the works are published on artactif.com and are visible to others Users. After this period, he will no longer be able to modify the conditions linked to the sale proposal or withdraw the work.
- A 20% commission applies to each sale of work.
- Delivery costs are included in the sale price. Thus, the price paid by the buyer is the firm price.
12.3 Buy a work
Before bidding on a work, make sure you have read the following:
- Conclusion of a sales contract with the artist: If your Bid is the highest at the close of the Online Auction, you will automatically conclude a Sales Contract with the Artist Seller of the work for the amount of the Purchase Price. However, if the Selling Artist has set a Reserve Price and your Offer is lower than the Reserve Price, no Sales Contract will be concluded.
12.4 Pay for a work
If you are the highest bidder on a work at the close of a sale for this work and your Bid has reached the Reserve Price, you will automatically enter into the Sales Contract with the Artist Seller of this work. You agree to make payment for the work.
- After winning your work, you have 7 (seven) days to pay for it. Within 7 (seven) days following the close of the Online Auction, you are required to pay the Purchase Price. You will pay directly on our site artactif.com through our payment service provider, and will be received by ARTactif.
- You guarantee that your purchase is legitimate. You warrant that you are not purchasing the work in a fictitious or illegal transaction
As soon as the buyer has paid for the work, we will inform the Artist Seller so that he can proceed with the delivery of the work.
- Make sure your shipping address is correct. The Selling Artist will send your work to the address indicated in your Account. The address must be a physical address and cannot be a post office box. We will ask the Selling Artist to send the work as soon as your payment has been received in full.
- In the event of a delivery or transport problem, you must contact the Seller directly to find a solution. Delivery and transport are the sole responsibility of the Selling Artist. In the event of a delivery or transport problem, you must contact the Selling Artist directly to find a solution. Delivery and transport are the sole responsibility of the Artist Seller. ARTactif, the Buyer and the Artist Seller are entitled to consider the signature of receipt and/or delivery confirmation with tracking number at the place of delivery (whether it is the Buyer's address or a collection point) as proof that you have received the work. If there is a problem with the delivery of the work and you cannot find a solution with the Selling Artist, you will both be required to cooperate in an investigation by the delivery or shipping company.
12.6 Breach of obligations of the Buyer towards the Artist Seller
If you do not fulfill your obligations towards the Artist Seller under the Sales Agreement in full and on time, you will be in default and the Artist Seller will be entitled to terminate the Sales Contract.
12.7 Right of withdrawal
The buyer has a right of withdrawal, in accordance with the European directive on consumer rights
- EU and UK right of withdrawal may apply to your Sales Contract. Consumers who reside in a country of the European Economic Area or in the United Kingdom and who purchase a work from an Artist Seller are entitled to abandon the purchase without being obliged to indicate the reason within fourteen (14) days following the day of receipt of the work.
- If you cancel your purchase, you must return the work to the Selling Artist. Under the right of withdrawal, you must return the work within 14 (fourteen) days following your notification of withdrawal. Return shipping or transport costs as well as any customs duties are your responsibility and responsibility. Where applicable, taking into account the value of the work, you must take out appropriate delivery insurance for the work. The work must be returned to the Selling Artist with all associated accessories that were delivered, in the original condition and, if possible, packaging. You are responsible for any diminution in the value of the work resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the work. When the Selling Artist has received the work or when you have demonstrated that you have sent the work to the Selling Artist, the Purchase Price and the shipping or transport costs initially paid to the Selling Artist will be refunded to you. .