Terms of use ARTSKOP3437

Updated General Terms and Conditions of Use dated December 14, 2019

 

DEFINITIONS

GENERAL DEFINITIONS USED IN THESE GENERAL TERMS AND CONDITIONS

For the purposes of these General Terms and Conditions of Use, all the following terms, capitalized, have the meanings indicated below and are understood in both the singular and plural:

  Subscription

Refers to the contract by which the Business Partner acquires the benefit of the Services for a fixed price for a fixed period of time through the ARTSKOP3437 Website;

  ARTSKOP3437  

Commercial name used by SAS MAJORHAN, with a capital of 15,000 €, whose registered office is located at 12 rue Esprit des Lois 33000 BORDEAUX, registered in the BORDEAUX Trade and Companies Register under number 840 890 511;

       CGS 

Refers to the General Terms and Conditions of Service of the ARTSKOP3437 Website;

       GTU 

Refers to the General Terms and Conditions of Use of the ARTSKOP3437 Website

       GTC 

Refers to the General Terms and Conditions of Use of the ARTSKOP3437 Website

      Client 

Physical or legal person having purchased a Work on the ARTSKOP3437 website;

 Consumer Client  

"Any physical person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity" (introductory article of the Consumer Code);
Professional  Client 

"Any physical or legal person, public or private, acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional" (introductory article of the Consumer Code);

  User Account 

Access system reserved for Clients, requiring a unique username and password and allowing access to the ARTSKOP3437 website features;

  Personal data

Refers to any information relating to an identified or identifiable physical person ; an "identifiable physical person" is defined as a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity ;

Functionality

Each element implemented, accessible and usable within the different Services;

      Day(s)

Refers to a calendar day in France;

Means of Access

Methods and/or function by which Users with an Account can access one or more Services in order to use them for their own needs;

ARTWORK /  Work

Refers to all artistic works available on the ARTSKOP3437 Website, including photographs, illustrations, sculptures, paintings, drawings, works on paper, sound files, audiovisual and digital works

Operator 

 Company that operates various electronic telecommunications networks necessary for access to and use of the Services ;

Business partners

Refers to legal entities specialized in the sale of works of art, such as art galleries, museums, foundations, art centres, art fairs, artist studios, and which are linked to ARTSKOP3437 by a commercial partnership contract ;

Part(s)

Person who has adhered to the GCU and the principles and obligations contained therein ;

Services 

All the services made available to the User by ARTSKOP3437 and accessible via the Means of Access ;

ARTSKOP3437 Website / Site

The Website allowing Users to access the Services, namely: www.artskop.com ;

Third parties 

 

Refers to physical or legal persons who are not bound by common ownership or control of ARTSKOP3437 or other individuals unrelated to ARTSKOP3437 and/or the User

User 

Refers to any physical or legal person accessing the ARTSKOP3437 Website.

 

ARTICLE 1 - PRINCIPLES OF INTERPRETATION

 The reference to the General Conditions of Use and/or Services and/or Sales or to any other contract or document is understood to mean these General Conditions or any other contract or document as amended.

The titles of the Articles and paragraphs are used for information purposes only and shall in no way affect the interpretation of these General Terms and Conditions.

Unless the context otherwise requires, references to the Articles and Annexes shall be construed as references to the Articles and Annexes of these General Terms and Conditions.

The calculation of time limits shall be carried out under the conditions provided for in articles 640 et seq. of the Code of Civil Procedure.

The word "including", "include”, " in the meaning of « and " in particular " must be interpreted as referring to examples only and may not limit the generality of the words preceding them.

 

ARTICLE 2 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE

The purpose of these General Terms and Conditions of Use (GTC) is to define the terms and conditions for making the ARTSKOP3437 Website Services available and the terms and conditions for the use of the Services by the User.

The Website is a marketplace specialized in bringing together art professionals (the " Business Partners ") and Users wishing to acquire works of art referenced on the Site (the " Clients ").

The main purpose of the Website is therefore to be an intermediary allowing (ii) Business Partners to benefit from a dedicated Internet page in order to promote the works they exhibit and offer for sale and (ii) Users to become aware of these works as well as their terms of sale, for a possible purchase through the Website.

The Website also allows Users to benefit from other Services detailed in Article 6 hereof.

By connecting to the ARTSKOP3437 Website, the User expressly acknowledges that he/she has read these General Terms and Conditions of Use and undertakes to comply with them.

 

For any request for information or any contact, the User undertakes to contact ARTSKOP3437 at the following addresses:

  • By email to the address: contact@artskop.com ;
  • or to the address of ARTSKOP3437's registered office: 12 rue Esprit des Lois, 33000 Bordeaux (France).

 

 ARTICLE 3 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE

 These General Terms and Conditions of Use apply to all Services made available by ARTSKOP3437 on the ARTSKOP3437 website as presented in ARTICLE 4 "DESCRIPTION OF THE ARTSKOP3437 WEBSITE".

The GTU can be consulted at any time on the ARTSKOP3437 Website at the following address : https://www.artskop.com/terms-of-use

The simple connection by any person to the ARTSKOP3437 Website and/or the Services implies full and complete acceptance of the GTU.

As such, the User undertakes to read the GTU the first time he accesses them and throughout the connections he makes.

The User accepts that the GTU are not sent to him/her in paper form.

The purpose of these general conditions of use is to regulate access to and the terms of use of the ARTSKOP3437 website.

The use of the ARTSKOP3437 website is subject to the User's full and complete acceptance of these general terms and conditions.

In the event that a User does not accept these general terms and conditions, he/she will not be able to become a member and benefit from certain Services on the Website.

Each User undertakes to take careful note of it and acknowledges that ARTSKOP3437 is not a party to any agreement, contract or contractual relationship of any kind whatsoever concluded between the Users of the Application.

 These General Terms and Conditions of Use are supplemented by: Des conditions générales de vente ;

  • Legal notices;
  • A personal data protection policy;
  • A cookie manager;

Additional conditions may, where applicable, be applied for Additional Services in the context of a particular event or promotional offer, in particular.

 

ARTICLE 4 - DESCRIPTION OF ARTSKOP3437 WEBSITE

ARTSKOP3437 provides an online platform, accessible at www.artskop.com, that can be used by Users for the following purposes:

 For all Users without login to an Account :

  • Obtain general information on the Website's services and history;
  • Obtain information on the Works available on the ARTSKOP3437 Website as well as on the Business Partners;
  • Access to the media place ARTSKOP3437,
  • Access ARTSKOP3437 social networks ;
  • Access the database of information on museums, art galleries, art centres, public and private foundations, artists' biographies;
  • Access information about international cultural events
  • Access to the subscription to a Newsletter published by ARTSKOP3437 ;
  • Access a form to create a Client Account;
  • Access information relating to data protection, general conditions, cookie management policy and legal notices on the Website.

The User may access the Website even if he/she is not registered on the Website.

However, for Clients and Business Partners, the prior creation of an Account is mandatory.

For Customers with a Client Account:

  • Order Works on the Website ARTSKOP3437 ;
  • Make online payments ;
  • Manage your Client Account and the information contained therein.

 For Business Partners:

  • Sign up for a Subscription to benefit from ARTSKOP3437 Services;
  • Present and sell their Works through the Website ARTSKOP3437 ;

Business Partners have a specific agreement with ARTSKOP3437 and cannot register directly online.

The services accessible on the ARTSKOP3437 Website are described in ARTICLE 6 hereof.

 

ARTICLE 5 - ACCESS TO ARTSKOP3437

The simple access to the ARTSKOP3437 Website does not require any access code or identifiers.

Both the ARTSKOP3437 Website and the Services are accessible and usable 24 hours a day (24 hours a day) and seven days a week (7 days a week) provided that you have a computer terminal allowing you to connect to the Internet network and Internet access.

The ARTSKOP3437 Website is accessible free of charge to any User with Internet access. All costs related to access to the Service, whether hardware, software or Internet access costs, are the sole responsibility of the User. He is solely responsible for the proper functioning of his computer equipment and his access to the Internet.

ARTSKOP3437 reserves the right to refuse access to the Service, unilaterally and without prior notice, to any User who does not comply with these terms of use.

ARTSKOP3437 uses all reasonable means at its disposal to ensure quality access to the Service, but is under no obligation to do so.

ARTSKOP3437 cannot, moreover, be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent or degrade access to the Service.

ARTSKOP3437 reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

The ARTSKOP3437 Website and the Services are intended only for adults who have legal capacity. Any access to or use of the ARTSKOP3437 Website or the Services by a person under the age of majority is strictly prohibited, unless prior and express consent has been obtained from their legal representatives.

By accessing or using the ARTSKOP3437 Website or the Services, the User represents and warrants that he/she is of legal age and has full legal capacity.

Access to the ARTSKOP3437 Website and the User Account is at the User's own risk, and the User undertakes to keep his or her identifiers in a secure place and not to communicate them to Third Parties. In this respect, ARTSKOP3437 is not in a position to control access to User Accounts and could not be held liable in the event of use of said User Account by a Third Party who has used the access codes to a User Account without the User's consent.

 

ARTICLE 6 - SERVICE DESCRIPTION

Features available to users without creating an Account

From the ARTSKOP3437 Website, Users can:

  • View the Works ;
  • Consult the articles;
  • Access a database;
  • Access information and registration Website for international cultural events;
  • Watch videos ;
  • View artist profiles ;
  • Subscribe to the periodic newsletter;
  • Share on social networks via the sharing application button;
  • Contacter ARTSKOP3437;
  • Access information relating to data protection, general conditions, cookie management policy and legal notices on the Website.
  • Features available to beneficiaries of a Client Account

From the ARTSKOP3437 Website, Clients can:

  • Purchase Artworks;
  • Make and track orders ;
  • Manage your Client Account;
  • Track the delivery of the Works;
  • Modify your Client Account;
  • Close your Client Account.
  • Features available to beneficiaries of a Professional Account

 From the ARTSKOP3437 Website, Business Partners can :

  • Subscribe to a Subscription in order to sell their Works;
  • Manage his Subscription;
  • Present the Works of their artists ;
  • Add an artist file, and modify it if necessary;
  • Selling Artworks ;
  • Make and track orders ;
  • Manage his Professional Account ;
  • Follow the delivery of the Artworks ;
  • Modify his Professional Account;
  • Close his Professional Account.

 

ARTICLE 7 - CLIENT ACCOUNT CREATION

INFORMATION TO BE COMMUNICATED IN ORDER TO CREATE THE CUSTOMER AREA

In order to be able to access certain Services on the ARTSKOP3437 Website and place an order, it is necessary to create a Client Account beforehand.

To create an Account, the Client must complete all the mandatory fields on the registration form:

  • Name ;
  • First name ;
  • Email address ;
  • Personal password.

When creating an Account, the User undertakes to provide accurate and truthful personal information and to update it, through his User Account or by notifying ARTSKOP3437 at the address specified in the legal notices of the ARTSKOP3437 Website, in order to guarantee its relevance and accuracy throughout its contractual relationship with ARTSKOP3437.

When opening an Account, the User defines his access codes, which are an identifier and a password.

Each User undertakes to create only one Personal Account, which he undertakes not to transfer to a Third Party.

 

ARTICLE 8 - INFORMATION TO BE PROVIDED TO PLACE AN ORDER

Once his Client Account has been validated, any Client can place an order via the Website.

However, in order to validate his order, additional information will be requested:

 For Individual Clients acting in a private capacity:

  • Billing address ;
  • Delivery address (if different) ;

For Clients acting in a professional capacity:

  • Company name (if applicable) ;
  • Billing address ;
  • Delivery address (if different) ;
  • SIREN number (if applicable) ;
  • Intracommunity VAT number if applicable).

 

ARTICLE 9 - CREATION OF A PROFESSIONAL ACCOUNT

Any professional acting in the field of art can, subject to prior acceptance by ARTSKOP3437, benefit from a Professional Account.

In this respect, and to benefit from a Professional Account, the professional must first contact ARTSKOP3437 at the address indicated in ARTICLE 22 hereof.

A prior verification procedure will then be conducted by ARTSKOP3437 which will decide, at its sole discretion, whether or not to allow the question professional to benefit from a Professional Account in order to be referenced on the Website.

In this context, a specific contract will be concluded between ARTSKOP3437 and the professional in order to become a Business Partner.

 

ARTICLE 10 - LOSS OF THE ID AND/OR PASSWORD

The User's ID and password are strictly personal and confidential.

The User is liable if he communicates these elements to Third Parties, it is recommended that the User disconnects from his User Account at the end of each use.

The User is responsible for maintaining the confidentiality of his username and password.

In the event of a security problem concerning the ARTSKOP3437 Website and the Services, in particular relating to the ID and/or password, the User concerned undertakes to immediately inform ARTSKOP3437.

Any User who encounters any risk regarding his password must change it immediately after having informed ARTSKOP3437. The User acknowledges ARTSKOP3437's right to take all appropriate measures in such cases.

In the event of loss of his password, the User may receive a new password on the email address he has indicated on his User Account by clicking on the "forgotten password" button on the page allowing access to his User Account. 

 

ARTICLE 11 - CHECKS

ARTSKOP3437 may, at its sole discretion, and for the purposes of transparency and improvement of the Services, verify the information provided by the User when creating an Account, within the limits authorised by law.

 

ARTICLE 12 - USER OBLIGATIONS

The User is solely responsible for the comments he makes during his exchanges with other Users, whether during telephone conversations or during the performance of the Support Services.

Comments made by Users during their exchanges with other Users must not:

  • To violate or be contrary to public order, morality or the law;
  • Use a nickname that may offend the sensitivity of other Users;
  • In any way violate the rights, honour, reputation, privacy, image of any person;
  • Be denigrating, defamatory of anyone;
  • Be pornographic or child pornography;
  • Violating the security or integrity of any state or territory;
  • Allow third parties to obtain and/or use pirated software protected by copyright and/or subject to user licenses;
  • Advise a suspicious or fraudulent practice.

 ARTSKOP3437 reserves the right to delete, without notice, compensation or right to reimbursement, the User Account of any User who does not comply with the rules set out in these GTU and/or who is likely to infringe the rights of a Third Party.

  

ARTICLE 13 - EXCLUSION FROM THE WEBSITE

In the event of a particularly serious breach, ARTSKOP3437 reserves the right to exclude a User from the Website and, where applicable, from the Application without notice or right to reimbursement.

These cases include the following:

  • Non-respect of Third-Party rights; 
  • Non-compliance with the obligations of the Users provided for in Article 11 hereof.

 

ARTICLE 14 - PERSONAL DATA

In accordance with the Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the User has the right to query, access, modify, oppose, withdraw, portability and rectify the Personal Data concerning him.

For more information on this subject, we invite you to consult our personal data protection policy by clicking on the following link: 

 

ARTICLE 15 - OWNS ELEMENTS PRESENT ON THE WEBSITE ARTSKOP3437

With respect to everything it publishes on the ARTSKOP3437 Website, ARTSKOP3437 owns and retains all right, title and interest in and to their patents, inventions, copyrights, trademarks, domain names, know-how and any intellectual property rights.

ARTSKOP3437 is and remains the owner of the property rights relating to any element of the Services and Functionalities on the ARTSKOP3437 Website made available to the User, and more generally with regard to the IT infrastructure implemented, developed and made available as part of the Services.

The provision of the Services and Functionalities cannot be analysed as the transfer of any intellectual property right to the benefit of the User. The User agrees not to reproduce any element of the Services, the ARTSKOP3437 Website, or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever without the prior and express consent of ARTSKOP3437.

"ARTSKOP3437" is a registered trademark (number 018007048), and registered in the European Union Trademark Register. Any unauthorized reproduction of the trademark, logos and distinctive signs constitutes an infringement punishable by criminal penalties. The offender is liable to civil and criminal penalties and in particular to the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.

 

ARTICLE 16 - EXCLUSION OF LIABILITY

1) How the ARTSKOP3437 Website works ?

With regard to how the ARTSKOP3437 Website and the Services operate, ARTSKOP3437 is subject to a general obligation of means.

In the event of interruption of access or use of the ARTSKOP3437 Website and/or the Services, ARTSKOP3437 may only be held liable if such interruption is prolonged or constant or due to its sole cause and cannot be resolved within a reasonable time.

In the event of force majeure or action(s) carried out by any Third Party and/or damage(s) caused by any Third Party, ARTSKOP3437 cannot be held liable.

ARTSKOP3437 cannot under any circumstances be held liable for any inconvenience or damage inherent in the access and/or use of the Internet and/or electricity network, in particular in the event of service interruption(s), external intrusion(s) or presence(s) of computer viruses. The same applies to the needs, questions or problems of compatibility, interoperability and/or qualities inherent in the use of any physical or technical means of accessing the ARTSKOP3437 Website or the Services.

 

2 ) Information on the ARTSKOP3437 website

ARTSKOP3437 does not control in advance the declarations of Users or the elements implemented on the Website, if any, by the Commercial Partners.

 ARTSKOP3437 excludes any liability for the behaviour of Users.

The User agrees not to do anything to create the false impression that it is supported by, in partnership with, or acting on behalf of or for the benefit of ARTSKOP3437, including by improper use of any intellectual property of ARTSKOP3437 and/or its Commercial Partners.

The User acknowledges that data circulating on the Internet are not protected against possible misappropriation.

The User acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights. The User is solely responsible for the use of the data he consults, queries and transfers on the Internet.

The User acknowledges that ARTSKOP3437 has no means of controlling the content of the services accessible on the Internet.

 

3) Relationships between Users

The User chooses to use the ARTSKOP3437 Website and the Services at its own risk. He acknowledges and accepts that ARTSKOP3437 is under no obligation to check the background of Users.

However, ARTSKOP3437 may verify such background, at its sole discretion, to the extent permitted by applicable law, and if it has sufficient information to identify a User. If ARTSKOP3437 chooses to carry out these checks, to the extent permitted by applicable law, it disclaims any warranty of any kind, express or implied, that these checks will identify past misconduct by a User and does not guarantee that a User will not engage in future misconduct.

As an intermediary, ARTSKOP3437 makes no warranty regarding:

  • the quality of the Services; 
  • the accuracy, timeliness, veracity, completeness or reliability of any information exchanged between Users and obtained through the ARTSKOP3437 Website or the Services.

 No notice or information, oral or written, obtained from ARTSKOP3437 or through the ARTSKOP3437 Website or the Services, constitutes a warranty other than as expressly provided herein.

The User is solely responsible for all his communications and interactions with other Users of the ARTSKOP3437 Website or the Services and with other persons with whom he communicates or is in contact when he uses the ARTSKOP3437 Website or the Services.

The User understands that ARTSKOP3437 will not attempt to verify Users' statements on the ARTSKOP3437 Website or the Services.

ARTSKOP3437 makes no representation or warranty regarding the conduct of Users of the ARTSKOP3437 Website or the Services or regarding their compatibility with current or future Users of the ARTSKOP3437 Website or the Services.

The User agrees to take reasonable precautions when communicating or having contact with other Users of the ARTSKOP3437 Website or the Services and with any person with whom he communicates or to contacts in connection with the Use of the ARTSKOP3437 Website or the Services, more specifically in the event that the Users decide to meet offline or in person, whether or not such meeting is organised by ARTSKOP3437.

ARTSKOP3437 expressly excludes any liability for any act or omission on the part of any User of the ARTSKOP3437 Website and the Services or other Third Parties.

 

4) Hypertext links

The hypertext links present on the ARTSKOP3437 Website directing Users to other ARTSKOP3437 Internet Sites do not engage the responsibility of ARTSKOP3437 for the content of these ARTSKOP3437 Websites.

 

ARTICLE 17 - MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE

These GTU may be modified at any time by ARTSKOP3437, unilaterally and without notice. The GTU applicable to the User are those in force on the day of his connection to the ARTSKOP3437 Website, any new connection entailing acceptance of the new GTU where applicable.

Any modification of the GTU is the subject of information for the User from the ARTSKOP3437 Website.

 

ARTICLE 18 - TELEPHONE ANTI-MARKETING LIST

When the processing of the order involves the collection of your telephone data, you may, if you reside in France, register your telephone number on the website "http://www.bloctel.gouv.fr/" on a list opposing telephone solicitation, called "Bloctel", free of charge, in accordance with Articles L. 223-1 and R. 223-1 of the Consumer Code.

This registration allows you not to be solicited by phone about a commercial offer.

It is recalled that this opposition is not applicable in particular:

  • in the case of pre-existing contractual relations between the trader and the consumer, unless the consumer expressly refuses to be contacted by telephone;
  • consumers who have requested to be recalled.

 

ARTICLE 19 - PARTIAL NULLITY - INDEPENDENCE OF CLAUSES

The possible cancellation of one or more clauses of this contract by a court decision or by mutual agreement between ARTSKOP3437 and a User shall not affect its other provisions, which shall continue to produce their full and complete effect provided that the general scheme of the contract can be safeguarded.

 

 ARTICLE 20 - LANGUAGE

 By express agreement between ARTSKOP3437 and the Users, these GTU are governed by French law.

 They are initially written in French. In the event that they are translated into one or more languages, the French text alone shall prevail in the event of a dispute.

 

ARTICLE 21 - MAJOR STRENGTH

The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

 

ARTICLE 22 -APPLICABLE LAW

These GTU are governed by French law.

 

ARTICLE 23 - COMPETENT JURISDICTION

All disputes to which this contract may give rise, concerning its validity, interpretation, execution, resolution, consequences and consequences shall be submitted to the competent court under the conditions of ordinary law.

 

CONTACT

For any request for information or contact, the Customer can contact ARTSKOP3437 :

  • by e-mail to the following address: contact@artskop.com
  • by mail to the following address:   ARTSKOP3437 - 12 rue Esprit des Lois, 33000 BORDEAUX - FRANCE