General Terms and Conditions of Use of the Site / Application
Preamble
The company ArtEra operates under the Art.Private. brand the activity of introduction and intermediation between actors of the art market.
Through its application and its Website, ArtEra offers for sale works of art and introduces purchasers and vendors, acting as an intermediary in the framework of transactions involving such works.
It is specified that ArtEra is an independent company, which acts as Agent for the vendors. As such it is not a party to any sale concluded through the Application or Site, which are concluded only between the purchaser and vendor, with ArtEra acting as an intermediary.
The Customers and Users of ArtEra can, via the Site and the Application, access their accounts, consult them, and carry out transactions involving works of art.
These general terms and conditions of use are intended to specify the conditions of access to the site and the Application and the creation of an account and inform any user about the services offered on the Site and Application.
They apply to all users of the Site and/or the Application.
Through its application and its Website, ArtEra offers for sale works of art and introduces purchasers and vendors, acting as an intermediary in the framework of transactions involving such works.
It is specified that ArtEra is an independent company, which acts as Agent for the vendors. As such it is not a party to any sale concluded through the Application or Site, which are concluded only between the purchaser and vendor, with ArtEra acting as an intermediary.
The Customers and Users of ArtEra can, via the Site and the Application, access their accounts, consult them, and carry out transactions involving works of art.
These general terms and conditions of use are intended to specify the conditions of access to the site and the Application and the creation of an account and inform any user about the services offered on the Site and Application.
They apply to all users of the Site and/or the Application.
Definitions
The terms below have the following meanings:
- Application: application for Apple (iOS) and Android smartphones controlled by ArtEra and operated under the name Art.Private.
- ArtEra (or the Company): ArtEra S.A.S., a simplified joint stock company with a single shareholder with share capital of €10,000.00, which is registered in the Paris Corporate Register under number 894 504 265, whose registered office is located at 2 Avenue Frédéric le Play, 75007 Paris, France, which operates the Application and the Site;
- Art.Private. is a trademark registered with EUIPO under number 018445556, operated by ArtEra;
- Customer: User who has subscribed for the introduction Services provided by ArtEra to consign or purchase works of art;
- Account: account opened on the Site or the Application by a User, assigned personally to him and protected by a unique combination of an identifier and a password, containing personal information;
- Content: body of the text (of any kind), videos, images, photos, drawings, audio contents consisting each of the pages of the Site or the Application;
- Identifiers: the combination consisting of an identifier and a password chosen by the User, giving the User access to his account and allowing him to identify himself;
- Service: all the services that ArtEra undertakes to provide to the User through the Application and the Site;
- Site: the Website ArtPrivate.com as well as its sub-domains;
- User: any person browsing the Application and/or the Site and/or who uses the Services without necessarily being a Customer.
Acceptance of the general terms and conditions of use
By continuing to browse the Site, the user acknowledges having taken note of all the General Terms and Conditions of Use (hereinafter called the “T & Cs”) detailed below and accepting them.
These terms and conditions of use constitute a binding agreement between ArtEra and the User.
ArtEra reserves the right to unilaterally modify these T & Cs at any time and without notice.
The modifications thus made will come into effect as soon as they are posted on the Site and will prevail over any previous version of the T & Cs.
The user is therefore invited to consult this page regularly in order to be aware of any possible changes made to the T & Cs. In any event, by continuing to use the Site, the User acknowledges and accepts the modifications made.
The User acknowledges that these general terms and conditions of use and the privacy policy constitute the entire agreement between the parties and replaces any proposal or prior written or oral agreement, and any other previous communication about the Use of the Site and the Application.
These terms and conditions of use constitute a binding agreement between ArtEra and the User.
ArtEra reserves the right to unilaterally modify these T & Cs at any time and without notice.
The modifications thus made will come into effect as soon as they are posted on the Site and will prevail over any previous version of the T & Cs.
The user is therefore invited to consult this page regularly in order to be aware of any possible changes made to the T & Cs. In any event, by continuing to use the Site, the User acknowledges and accepts the modifications made.
The User acknowledges that these general terms and conditions of use and the privacy policy constitute the entire agreement between the parties and replaces any proposal or prior written or oral agreement, and any other previous communication about the Use of the Site and the Application.
Registration and confidentiality
In order to be able to use the Site or the Application, the User is obliged to provide information including:
- His name;
- Identifier and password.
If he wishes to make a purchase, the User must, prior to any purchase, provide the following information to ArtEra:
- His contact details (email address, postal address and telephone number);
- Useful information for transactions (including bank details, delivery address, data relating to the purchase or sale made);
- Copy of a valid identity document.
ArtEra reserves the right to terminate the account of any User who has provided false or inaccurate, non-current or incomplete information, or who has pretended to be another person, if ArtEra has formal proof thereof or if it has sufficient reasons to suspect it.
The User may then be banned from accessing the Site and the Art.Private. Application for life or for a period determined by ArtEra, at its sole discretion.
ArtEra undertakes to respect the confidentiality of its Users. The privacy policy of ArtEra, which form an integral part of these T & Cs, explains how the information referred to above and any other information that the User provides are used, stored and protected by ArtEra.
The User may then be banned from accessing the Site and the Art.Private. Application for life or for a period determined by ArtEra, at its sole discretion.
ArtEra undertakes to respect the confidentiality of its Users. The privacy policy of ArtEra, which form an integral part of these T & Cs, explains how the information referred to above and any other information that the User provides are used, stored and protected by ArtEra.
Guarantees of the User
The User guarantees:
- The veracity and accuracy of any information that he provides to ArtEra. He must update it in the event of change;
- That he has the right to communicate the above mentioned information to ArtEra and to grant ArtEra the right to process this information;
- That he has the legal capacity to contract with ArtEra and to use the Services.
When submitting works to ArtEra that he wishes to sell through it, the User guarantees:
- That he has full capacity and full powers to sell the Work;
- That the Work is free from any claims, disputes, attachments, reservations of ownership, rights, charges, guarantees or pledges whatsoever on the part of third parties;
- That the Work complies with customs regulations, namely, that it has been exported from its country of origin and imported legally, that all the required declarations have been made and that the taxes due have been paid.
Obligations of ArtEra – verification of identity
As an intermediary in the business of works of art and antiques, ArtEra is subject, under the terms of Articles L.561-5 and R.561-10 of the Monetary and Financial Code, to the obligation to verify the identity of its occasional customers when they make one or more related purchases with a value exceeding €15,000.
The methods of identification and verification of identity are stipulated in particular in Articles R.561-5 and R.561-5-1 of the Monetary and Financial Code.
The User acknowledges that in the absence of providing the identification data requested by ArtEra under the above mentioned conditions, ArtEra can prohibit the User from accessing the Site and the Application under the conditions stipulated in the previous provisions.
The methods of identification and verification of identity are stipulated in particular in Articles R.561-5 and R.561-5-1 of the Monetary and Financial Code.
The User acknowledges that in the absence of providing the identification data requested by ArtEra under the above mentioned conditions, ArtEra can prohibit the User from accessing the Site and the Application under the conditions stipulated in the previous provisions.
Accessibility
ArtEra makes every effort possible to maintain access to the Site and the Application at all times.
Nevertheless, ArtEra reserves the right, at any time and without notice, to interrupt access to the Site or to the Application or to modify, suspend or terminate a transaction, in particular to carry out any maintenance operation, correction of errors or modification of the Site or the Application or to comply with the law.
ArtEra refuses any liability for any interruption, suspension or malfunction of the site, the occurrence of bugs or any inaccuracies or omissions relating to information available on the site or the Application.
Nevertheless, ArtEra reserves the right, at any time and without notice, to interrupt access to the Site or to the Application or to modify, suspend or terminate a transaction, in particular to carry out any maintenance operation, correction of errors or modification of the Site or the Application or to comply with the law.
ArtEra refuses any liability for any interruption, suspension or malfunction of the site, the occurrence of bugs or any inaccuracies or omissions relating to information available on the site or the Application.
Use of the Site
The User undertakes to take all appropriate measures in order to protect his own data and/or software when he uses the Site or the Application and to verify that the files transmitted do not contain any computer virus.
The User will inform ArtEra of any failure or malfunction encountered on the Site and/or the Application by means of a message to the following address: support@artprivate.com
The User undertakes not to interfere directly or indirectly with the proper functioning of the Site and/or the Application and/or the Accounts of other Users.
The user agrees not to use the Site or the Application to compromise or harm the functioning, quality or integrity of the Site or the Application for other Users.
In such a case, the User undertakes to indemnify ArtEra for all the damage that it may suffer, and in particular to indemnify it for any sums which it may be sentenced to pay and for all costs related to its defence.
The User will inform ArtEra of any failure or malfunction encountered on the Site and/or the Application by means of a message to the following address: support@artprivate.com
The User undertakes not to interfere directly or indirectly with the proper functioning of the Site and/or the Application and/or the Accounts of other Users.
The user agrees not to use the Site or the Application to compromise or harm the functioning, quality or integrity of the Site or the Application for other Users.
In such a case, the User undertakes to indemnify ArtEra for all the damage that it may suffer, and in particular to indemnify it for any sums which it may be sentenced to pay and for all costs related to its defence.
Data loss
The Company cannot be held liable for the alteration, loss, destruction or transmission of data, or for any damage affecting the hardware or the computer system of the User or of a third party which may result from browsing or using the Site and/or the Application.
Hypertext links
Hypertext links to other Websites may appear on the Website and/or the Application. In so far as ArtEra cannot control these sites and these external sources, ArtEra cannot incur any liability for the content.
ArtEra cannot be held liable for the content, advertising, products, services or any other material available on or from these sites or external sources to which these links lead, and over which ArtEra has no control.
ArtEra cannot be held liable for the content, advertising, products, services or any other material available on or from these sites or external sources to which these links lead, and over which ArtEra has no control.
Vendor's guarantees
Sales contracts concluded by means of the Site or the Application are between the Purchaser and the Vendor, with ArtEra only acting as an intermediary.
ArtEra tries, as far as possible, to verify the authenticity and provenance of works offered for sale through it. ArtEra in no way guarantees the provenance of the works offered for sale, with the commitment to verify this constituting an obligation of means and not of result.
ArtEra collects from each of its vendors all the useful documents relating to the work offered for sale, as well as the vendor's commitment to guarantee the authenticity and provenance of the work. The latter assumes full responsibility for the authenticity or provenance of the work, with ArtEra not assuming this responsibility.
ArtEra tries, as far as possible, to verify the authenticity and provenance of works offered for sale through it. ArtEra in no way guarantees the provenance of the works offered for sale, with the commitment to verify this constituting an obligation of means and not of result.
ArtEra collects from each of its vendors all the useful documents relating to the work offered for sale, as well as the vendor's commitment to guarantee the authenticity and provenance of the work. The latter assumes full responsibility for the authenticity or provenance of the work, with ArtEra not assuming this responsibility.
ArtEra is the owner or holder of the rights to all the elements that make up this site, in particular the data, drawings, graphics, photos, logos and trademarks.
ArtEra is duly authorised to exploit the rights relating to logos, trademarks and distinctive signs as well as databases and software.
Any reproduction, representation, total or partial distribution of the content of this site by any means whatsoever without the express prior authorisation of ArtEra is prohibited and constitutes an infringement punishable by Articles L.335-2 by Articles L.335-2 and following of the Intellectual Property Code.
ArtEra is duly authorised to exploit the rights relating to logos, trademarks and distinctive signs as well as databases and software.
Any reproduction, representation, total or partial distribution of the content of this site by any means whatsoever without the express prior authorisation of ArtEra is prohibited and constitutes an infringement punishable by Articles L.335-2 by Articles L.335-2 and following of the Intellectual Property Code.
Translations
The French version of these General Terms and Conditions prevails over any version in a foreign language in the event of any discrepancy.
Partial invalidity
If some of the provisions of these T & Cs are or become invalid, the T & Cs retain, for the other provisions, the same binding force between the Parties.
Any invalid provision will be replaced by a lawful provision whose content is as close as possible to that of the invalid provision.
Any invalid provision will be replaced by a lawful provision whose content is as close as possible to that of the invalid provision.
Absence of waiver
The fact that one or the other of the Parties does not invoke a breach by the other party of any of its obligations under the T & Cs cannot be interpreted as a waiver of the obligation in question.
Disputes and complaints
In the event of a dispute or customer complaint, the contracting parties undertake to seek an amicable settlement before undertaking any litigation proceedings.
The customer is invited, as a first step, to present his complaint by registered letter with acknowledgment of receipt to the postal address of ArtEra, which will have a period of one month from the receipt of the complaint to reply to it.
In the event of failure of the above mentioned procedure, the consumer Customer can contact Devigny Médiation, the consumer mediator, with a view to an amicable resolution of the dispute.
The customer is invited, as a first step, to present his complaint by registered letter with acknowledgment of receipt to the postal address of ArtEra, which will have a period of one month from the receipt of the complaint to reply to it.
In the event of failure of the above mentioned procedure, the consumer Customer can contact Devigny Médiation, the consumer mediator, with a view to an amicable resolution of the dispute.
Governing law and competent jurisdiction
The Site, the Application and the T & Cs and any contract concluded between a customer and ArtEra through the Site and/or the Application are governed by French law.
Any dispute relating in particular to the interpretation, performance, validity of the T & Cs or any contract concluded between a Customer and ArtEra through the Site will be subject to the exclusive jurisdiction of the Courts within the jurisdiction of the Paris Court of Appeal.
Any dispute relating in particular to the interpretation, performance, validity of the T & Cs or any contract concluded between a Customer and ArtEra through the Site will be subject to the exclusive jurisdiction of the Courts within the jurisdiction of the Paris Court of Appeal.