Terms and Conditions of Sale


Introduction

ARTactif Web Development is available to all those who wish to sell or buy in the art market under the best conditions of price and security. The site was created to permit each person to manage his offers from a distance in total liberty, whilst respecting the general conditions below.
ARTactif Web development:
Technopolis A - 3 rue Augustin Fresnel - Parc d'Activités de la Bretonnière - BP 70327 - 85603 MONTAIGU CEDEX - France, appointed below "ARTactif"permits the conclusion of contracts of sale between the Sellers-advertiser (below "Seller") and the visitors-buyers (below "Buyer").
The present general conditions are applied to all people visiting or using the services of the site, Sellers or Buyers. However they do not create a bond of subordination and/or between the mandate, ARTactif and the Users of the services ARTactif. ARTactif and the site users are independent parties, each person acting in his own name and for he own account whether you are a seller or buyer or simple visitor.Top of the page

1. ARTactif commitments

1.1 For the transaction between the seller and buyer, ARTactif serves as an intermediate to facilitate and secure your exchanges. ARTactif guarantees the execution of a sale in exchange of the transfer of payment (see sale and effects of sale).

1.2 ARTactif agrees to publish on site the offers of the Sellers respecting all the conditions of subscription .

1.3 ARTactif agrees to the Seller :
- to transfer to the Seller all orders made on site,
- to pass on to the Buyer the costs of eventual forwarding confirmed by the Seller (if they’ve not already been calculated),
- To cash in the amount of the transaction for the account of the Seller and send him as soon as the receipt of the order is confirmed by the Buyer.

1.4 ARTactif agrees to the Buyer :- To pass on the order(s) to the Seller(s),
- To confirm the delays and the definitive conditions of the transaction (type of forwarding and costs of eventual transport).
- Not to transfer the amount of the transaction to the Seller(s) before the confirmation of the reception by the Buyer.
- refund the amount of the transaction if the delivery cannot be made.

1.5 ARTactif delegates the delivery of goods bought on the site to the Seller concerned.Top of the page

2. Conditions of subscription to the Selling Department

2.1 The access to the selling department is possible after subscription to our services. The subscription is completely FREE. It is necessary to identify all people wishing to propose their artwork to sell on the site.

2.2 The subscription is done via a form in the section « Selling Department » of the site. The Seller must indicate his surname, first name, address, telephone and email details. He chooses his own password to manage his account and his artworks. All the information given to ARTactif is strictly confidential and only used for activities linked to the Sellers and ARTactif.

2.3 The Seller must supply full and exact information for his subscription to be validated. Then, an account and the « Virtual Shelf space » can then be opened in his name. This account is accessible at any moment by the Seller by using his identification and password, which he himself chose on subscription. (cf 1.1).

2.4 The Seller agrees to update immediately all information given to ARTactif, especially concerning his postal address and address of delivery. The Seller is the only person responsible for the result of not updating his information given to ARTactif.

2.5 The registered Seller is the only person authorised to use his access to the ARTactif Selling department, using his identification and password. In case of non respect by a Seller of the general conditions used by the services of ARTactif as written, ARTactif reserves the right at to remove from sale the product(s) concerned.

2.6 If the seller would like to use the site for professional reasons, he must indicate this on his subscription form. He must then submit to all obligations (notably issued from Consumer Codes and the commercial Codes) however he maintains his professional responsibilities when concluding a contract of sale and a contract of sale at a distance.

2.7 To Register with ARTactifs services signify that the seller complies with the following conditions:
- To be a person over 18 years old and to have a full legal capacity to conclude a sale,
- To be a person under 18 years old and to be emancipated.
- To be the legal representative of a moral person .

2.8 There is no obligation of subscription necessary for a visitor, regular or not or for a Buyer. By the intermediate of ARTactif, the site visit, contact with a Seller and purchases are totally free .Top of the page

3. Specific obligations of the Seller

3.1 The Seller agrees to offer a product corresponding to a material object of which he has the total ownership, the capacity to sell and is immediately available. He engages himself to describe the characteristics, quantities and qualities, etc. corresponding to a true description of the characteristics of the object for sale.

3.2 The seller agrees that the products described in the adverts and/or the objects of contracted sales must conform to legal requirements, to the laws in force and to third party rights, also that the objects are not liable to hurt sensitive under age children .
Particularly, without limiting the general application of the last paragraph of the present article, the Users are forbidden to sell or to acquire directly or indirectly by the intermediate of the site notably:
- objects inciting directly or indirectly racism, xenophobia, anti-Semitic, discrimination racial, sexual or religious, towards hatred or towards violence;
- Stolen objects;
- Objects with a character defamatory, abusive, and insulting or that breach privacy or honour.
- Counterfeit objects,
- Objects breaching copyrights.

3.3 The Seller must write his own advert, filling in all the boxes of the form proposed by the site. He agrees to write his advert honestly and sincerely and to describe his object in accordance to its true characteristics and uses. The seller is the only person responsible for the writing of his advert and of the non conformity of the object to the quality that he himself defined in his advert. The Seller is also the only person responsible of the creation of the full details of the advert, including the accessory elements, cost of transport, etc...

3.4 The Seller guarantees ARTactif, for all claims relative to the contents and form of the said commentaries. The Seller engages to effect all validations, verifications, add all precisions necessary for the description and the elements of the offer to be true and not to incite the buyer under false pretences. In case of error in the description of the elements of the offer and/or in the evaluation of the forwarding costs, only the Seller assumes the extra costs and no claim by him will be accepted by the Buyer or Artactif.

3.5 The Seller must confirm the sale within eight (8) working days following receipt of an email from ARTactif informing him that the product selected on the website has found a purchaser. This confirmation which specifies the delays of forwarding is closed and irrevocable. If the Seller does not receive within the specified delays and the purchase offer is not registered as accepted by the Seller; the contract of sale is not concluded.

3.6 The Seller is obliged to send, at his expense, the product suitably wrapped within the agreed time limits. He can freely choose the means of transport to assure the best conditions of delivery.

3.7 The Seller agrees to send to ARTactif, within the two (2) days of his forwarding or of the delivery, an email (see below "E-mail of the forwarding declaration") indicating the date he sent the advertised object or the date of delivery to the buyer.

3.8 The Seller agrees to establish for the buyer a named proof of sale and an invoice conforming to legal requirements describing the object sold and price of the transaction.

3.9 The Seller agrees to respect the laws in force in his country concerning the commercial and company obligations, keeping of accounts conforming to legal requirements, payment of VAT and other applied taxes as well as agreement to the law from 25 January 1985 in case of insolvency, these are specific obligations in commercial business. However, as a retailer, or rather if the website is used by a professional, the seller must respect the relative laws on invoice, of sales at a distance and also apply the totality of legal consumer laws.

3.10 The use of the Selling department of the site includes the acceptance of the present conditions with no applied time limit. Therefore it can be cancelled at any moment by ARTactif or by the Seller without particular reason by simple notification.

3.11 In the case of non respect by the Seller of one of the obligations, ARTactif reserves the possibility to suspend the Sellers access to his on site account, without prejudice of the compensation of the whole eventual damage suffered by ARTactif; the Seller cannot reclaim in this eventuality the expenses paid by him when his possessions were put on line.

3.12 The suspension only takes effect in the future. Therefore, despite a suspension for a certain reason, the seller still transfer's possible commissions due, conforming to the article 6 for the contact effected before the effective date of suspension.Top of the page

4. Specific obligations of the Buyer

4.1 On the day of delivery, the Buyer is invited to confirm on site (cf. Notification) the receipt of the object bought (see following "the acknowledgement receipt").

4.2 The fact that one or more products ordered by one or more Sellers on the site are not available is not a reason of renunciation for the totality of the products ordered; the Buyer is therefore held to his contract for the object(s) or for another similar object disposable.

4.3 All claims against a product whatever the relative nature must be addressed to the Seller and to ARTactif .If a deterioration or a flaw in the object is noticed by the Buyer he must claim within a delay of fourteen (14) days following the date of receipt. See below chapter 8.

4.4 The Buyer agrees to wait the delay of three (3) weeks after the notification of a sale to lodge a complaint against the Seller in the case of not receiving a product ordered. This complaint is necessary to undertake the research with the transporters.

4.5 In default of delivery or return of an object to the Seller, the Buyer cannot claim any indemnities or interest on the eventual amounts blocked for this sale. Top of the page

5. Sales and effects of the sale

5.1 The sale is considered complete when ARTactif acknowledges receipt and encashment in the waiting account of the full price of the transaction is transferred by the Buyer; the payment of the price of a product by the Buyer to ARTactif values an agreement to the offer .

5.2 The services Artactif as a partial, independent, intermediate are authorised to receive in the name of and for the account of the Seller, the price of the transaction by the bias of the secured payment system put in place by the site or by any other means which has been validated by ARTactif beforehand.

5.3 When the Buyer confirms to ARTactif receipt of the product conforming to the offer and his satisfaction, ARTactif will affect the transfer to the Seller of the full price of transaction after the commission has been deducted.

5.4 Without rapid confirmation by the buyer or without notification of non-receipt of a product, the acceptance of the transaction will be considered definitive following a maximum delay of six (6) weeks after the date of forwarding. This setback will be controlled according to the specifications indicated in the ARTactif documentation. The Seller accepts in advance that the payment by ARTactif of the total price of the transaction may be belated due to an eventual claim by the Buyer during delays of verification.

5.5 ARTacitf will notify receipt and encashment of the full price of the transaction to the Buyer and the Seller by email, see below the notification.

5.6 The addressed notification to the Buyer will indicate the means that the Buyer should use to manifest his agreement or disagreement for the payout of the full price of the transaction by ARTactif.

5.7 The Buyer accepts that in case of claims not respecting the conditions and delays explained, the Seller will be paid the price of the object, even in absence of an acknowledgement receipt by the Buyer. Top of the page

6. Financial Agreements
6.1. The price of the object paid by the Buyer (see below the « full price »; consists of :
a) The price determined at the date of the advert by the Seller (see below the “price of the object”),
b) The fixed postal fees forfeit or eventual specifications on the confirmation of the order,
c) The forfeit amount of the financial transaction covering the management fees of ARTactif .

The price of the object(s), the postal fees, the management fees are noted tax included (TTC) and in Euros (€).

6.2. The Seller receives an amount equal to the full price minus the forfeit amount and commission agreed with ARTactif.

6.3 The rate of commission is calculated on the full price of the product billed by the Seller to the Buyer. The commission is fixed to an amount equal to:
- A fixed part equal to the forfeit amount of the financial transaction,
- A variable part adding to the full price using a determined percentage by 2 means:

1. For the Sellers and Artistes subscribed to the ARTactif directory (www.artactif.com) and up to date with their annual subscription fees, the rate of commission applied is 9%,

2. For the Sellers not contributing to the ARTactif directory (www.artactif.biz), the rate of commission applied is 12%.

6.4 For the payment of the services supplied by ARTactif, the seller authorises ARTactif, after acceptance of the offer by the Buyer and after payment of the price of the transaction, to retain from the full price a determined commission according to the clause defined in the article 6.2 see above. The management fees are maintained even in the case of objects returned by the Buyer and/or the cancellation of the transaction for all other reasons.

6.5 The taxes due on amounts cashed in by the Seller are at the charge of the seller according to the rules of the laws in force; ARTactif only settles the taxes on the real amounts received as a payment of their services... Top of the page

7. Notifications

7.1 The sending of an online order generates a confirmation of order which is sent by email to the buyer and the sender with, for each one, a code of identification and an order number permitting them to follow the line of the transaction.

7.2 The section « Follow-up order » of the site is accessible after confirmation with an identification code and order number. Apart from express contrary stipulation, all notification sent to ARTactif must be made in the follow-up order section using the forms in place on the site.

7.3 All notification which is destined to Sellers or Buyers will be sent via email to the address supplied to ARTactif on subscription for the Seller, or on the first contact with ARTactif for the Buyers.

7.4 The notifications are well-known for arriving at the consignee 24 hours after sending an email, except if the sender is notified of the non validity of the email address.

7.5 The notifications can also be sent by registered letter with an acknowledgement receipt, to the address given on subscription for the Sellers or on the first contact with ARTactif for the Buyers, with a copy to ARTactif - B.P 15 - 85610 CUGAND - FRANCE. Top of the page

8. Returns / Complaints

8.1 The product travels at the risks of the consignee who is the only person to state the condition of the package and can issue legal reserves on reception to be used by the transporters.

8.2 If the article that you receive is different or damaged than the one you ordered, you can benefit from a full refund. To do that you must within two weeks (14 days) that follow the date of receipt, make a claim directly to the Seller and send a copy to Artactif or inform the site. You will then receive all the instructions necessary to return the article to the Seller and to be refunded.
Loading the "Return Form" to send to ARTactif.

8.3 The return of an object not immediately reproducible will only be accepted if a claim is made in a short delay or from a prewritten authorisation by the Seller and only under the reason of non conformity to the initial offer of the Seller. After the recognition of the non conformity of the alledged object, he must affect an exchange by an object of the same reference of an identical quality or superior following the Sellers availabilities. In case on non disposal of a product, the Seller must reimburse the full price of the transaction.

8.4 The Seller cannot refuse to exchange an object returned if it doesn't conform to his offer or to refuse to reimburse the object returned if he hasn't an identical object conforming to his offer.

8.5 After the Seller agrees to the reasons of return, the buyer must return, at his expense, the object carefully wrapped to the Seller (or to an address given). The return fees are paid by the Buyer.
Loading the "Return Form" to send to ARTactif.

8.6 When the object is returned to the Seller by the Buyer, the Buyer supports the transport risks of the object during its return.

8.7 When a product is returned under the conditions above presented to the Buyer and Seller and that the price of the transaction has been returned according to the conditions shown in chapter 9, the Buyer abandons all rights to the possession of the object.

8.8 Objects returned incomplete, damaged or dirty, by the Buyer will not be taken back.

8.9 In case of cancellation of a sale, for any reason, the buyer would not get any compensation but the amount of the transaction already cashed. ARTactif will refund your money by check or by transfer payment depending on the buyer’s address. Top of the page

9. Responsibilities
9.1 The Seller declares and guarantees to have the right to transmit the object(s) sold, that the object is not already sold, mortgaged, burdened or generally delegated to a third person and that the operation being realized doesn't violate a third persons rights. The Seller states when putting the products on line that his sale conforms to the legal regulations in force, notably regarding the code of intellectual ownership and of all other specific rules.

Before any offers, the Seller will verify should the occasion arise, notably by reading the licenses or conditions of eventual usage of the object, that the rights of use of the product authorises the sale.

The Seller guarantees and will payout straight away to ARTactif all damages suffered by ARTactif on the grounds of the violation of any third party law. In the case of a characteristic of fraud (fraudulous copy, receiving and concealing, illegal importation, etc..), ARTactif will communicate all information necessary, including information registered, to the competent services in charge of the suppression of the so called frauds or offences.

Without excluding the other possibilities of recourse, ARTactif reserves the right to give a warning to the Seller, to suspend temporarily or definitively his subscription, to end and not supply ARTactif services for the following reasons:

1. If the Seller violates all or part of the presented general conditions or from the documents which are incorporated by reference,

2. If ARTactif is not capable of verifying or of certifying the information that the Seller has supplied, and that the Seller doesn't reply to the demands of certification,

3. or if ARTactif considers that the actions of the Seller are likely to commit his liability, or that of ARTactif or of his users.

9.2 ARTactif cannot be held responsible of an eventual loss suffered by a Seller or a Buyer, notably: loss of business or information's. ARTactif cannot be held responsible of an eventual dysfunction, breakdown, delay or interruption of the access to the internet system network .

9.3 ARTactif is not a retailer; he puts the Seller in touch with Buyer and therefore doesn't possess at any moment the aforementioned objects.

9.4 ARTactif cannot guarantee that the object of the Seller will satisfy the Buyer. For the same reasons, ARTactif cannot guarantee to the Seller that the product will not be returned or that the sale will not be cancelled by the Buyer .

9.5 ARTactif cannot guarantee that the functioning of our services will be uninterrupted, or exempt from all error. He can stop the access to the site for repair reasons and notably in case of an emergency. He isn't held to any obligation of any means concerning the continuity of the access to the website .

9.6 The users subscribed to the site accept that ARTactif reserves, and in case of litigation, will produce all the documents, informations and recordings to which he disposes and notably the identification pseudonym, confidential codes and named details of the users concerned .

9.7 The personal information given by the sellers and the buyers, as well as all the registered articles mustn’t be:
- False, indefinite, misleading,
-to be fraudulent or imply the sale of counterfeit or stolen objects,
-to interfere with the copyright, patent rights, trademark rights, manufacturing secrets, other intellectual property rights, disclosure rights or to third party private lives.
-to infringe any laws or regulations (including, and without limitation, those managing the control of exportation, the consumer protection, unfair competition, discriminated dealings or deceptive advertising),
- To be slanderous or libellous,
- To be discriminate or to encourage violence or racial hatred, religious or ethnic,
- To contain obscene or paedophile contents,
- To contain viruses, « worms », bombs, « cancel bots » or all other computer programmes that are aimed to damage or to intercept illegally all computer systems, details and registered information.
- engage our responsibility or have as an outcome the loss of benefits of all or part of the services of our provider and notably our internet service provider.

9.8 ARTactif is not responsible for the contents of the advert, as the Seller is the only legitimate owner of the object in his advert, of the non conformity of the object with the description of the advert, lies, promises, exaggerations, theft or violence of the Seller or of the Buyer, of the errors committed by the Seller or Buyer, of the illicit character of the object of the advert, of the lack of a concluding sale, of the execution by the parties of their obligations, of the lack of delivery by the Seller to the Buyer of the object, of the return of the object by the Buyer, the faults or the hidden flaws of the object bought, the risks attached to the transport of the object . Top of the page

10. User and visitors Obligations
10.1 The users of the services ARTactif agree to not use the software or process manuals to copy the site pages or to record or collect information on these pages without prior written agreement by ARTactif. The users also agree not to use the system or software in any way to disturb or to try to disturb the running of the website.

The users accept not to engage an action which would impose a surcharge on the infrastructures of ARTactif. The majority of the information contained on the site are updates in real time and are given to ARTactif in licence by the users of ARTactif or their third party. The users accept to not copy, reproduce, alter, modify, and create the derivative artwork or to divulge to the public all or part of the contents of the site without prior written agreement by ARTactif or the third party concerned.

10.2 The surfer conforming to the general conditions is responsible for his usage of the services ARTactif. It is prohibited to put on sale and/or to buy, directly or indirectly, the products against customs, laws and actual regulations, also to use registered information which he has accessed by the site to precede a purchase or a sale of such a product.

The user is prohibited to put on sale or to buy the products which could be non authorised copies or considered as counterfeit objects according to the codes of intellectual ownership or under the available laws or regulations a non authorised product. The user agrees to inform ARTactif immediately if he finds such products online. Artactif reserves the right to inform the authorities of all attempts of sale of such offers on the site.

10.3 In case of dispute, the parties agree that the production by ARTactif of the recordings on the networks used by the services of ARTactif and notably the registered access codes of the seller will be evidence between the parties.

10.4 The Buyer acknowledges after reading the description of the product/object for sale that he acceptance to the offer values his definitive commitment to create a contract with the Seller. The photos presented on the site are non contractual. All claims against the nature of the object must concern the description of the product from the Sellers advert.

10.5 The sale is considered completed between the Buyer and Seller when the Buyer has confirmed his unconditional agreement to the offer of the Seller and that ARTactif has received full payment of the transaction price.

10.6 As soon as an object has been sold on the site, as to arrange the delivery(s) to the Seller(s) concerned, the Buyer accepts that his name and surname, as well as his delivery address (and his postal and email details if the Seller asks) can be revealed to the Seller. Vice versa, after the sale is concluded, the Seller accepts that his name and surname, as well as his address of delivery (and eventual his postal and email details if the buyer asks) can be revealed to the buyer, if the buyer asks, and if ARTactif agrees. The user agrees to maintain confidentiality and not to divulge the information given. He agrees to respect and not to undermine the private lives of the users and not to send them messages on objects, documents in particular advertising by any means (notably by post, telephone or email).Top of the page

11. General measures

11.1 ARTactif reserves the right to modify the present general conditions of function according to the development of his offer and market. All modification will immediately take effect for the online offers once the Seller has been notified by the means chosen by ARTactif. These modifications will not apply to the transaction already being treated at that time. Occasionally ARTactif could change the codes, telephone numbers, effect an enumeration, interrupt the services due to technical reasons, repairs or in case of emergency.

11.2 The users of the ARTactif services will connect using their own terminal facilities of telecommunication. ARTactif does not provide materials to the users, telephone installations, terminal facilities or others, neither software nor rental.

11.3 Conforming to the law No 78-17 the 6 January 1978 relative to computers, files and their liberty, the user may at any moment accede to his personal information that he communicated to the site, and/or ask for the rectification, complement, clarification, update or withdrawal by email ( contact@artactif.com) , or by simple letter (ARTactif, Technopolis A - 3 rue Augustin Fresnel - Parc d'Activités de la Bretonnière - BP 70327 - 85603 MONTAIGU CEDEX - France), by indicating his first name, surname, postal and email address and his identification code and password.

11.4 ARTactif will not be held responsible for any breach to these obligations entitled present general conditions for causes beyond his control and or resulting in a case of major force or electrical or technical problems, blockages, network failure, and exterior from the parties preventing the communication.

11.5 ARTactif is not responsible for the deterioration, loss or accidental transmission of information or sending of a virus .

11.6 The site, its contents, catalogue, illustrated texts, photographs and images are the property of ARTactif and/or of the third person owning the rights of intellectual property on the Artwork and texts presented on the site. It is strictly prohibited to copy and/or download all or part of the site, its contents, catalogue, illustrated texts, photographs and images for a commercial usage .

11.7 Our eventual tolerance to a breach of the present general conditions of use by a user or a third party will not be considered as a tolerance to all other similar or ulterior breaches.

11.8 The present contract is submissive to French law. All complaints caused from its interpretation and/or form its execution is under the Commercial Courts at Nantes ability. Top of the page

12. Limits of responsibility

12.1 The present general conditions are not directed to limit or to exclude the responsibility of ARTactif in the measure where the applied laws prohibit such limits or exclusion. If you are a consumer, the rights which you have by the law are not questioned.

12.2 Without prejudice to the arrangements in the last paragraph, ARTactif and his suppliers can not be held responsible for any loss or deterioration of information, of any profit loss, turnover, opportunities, time, or any indirect damage, that the so called loss or damage be due to negligence or concerning the present general conditions, or any other cause.

12.3 The laws in force in France are different than those in force in other countries in many ways, notably concerning the objects that can be legally put on sale, sold, exported, bought or imported. Even if they may have legal demands like the possession of a valid license to practise an activity or a record for the transfer of certain objects. ARTactif cannot watch over the laws in force in each country, and even if that was possible, ARTactif couldn't control the use made of the site by other users.

12.4 The titles of the different articles figuring in the present general conditions are purely indicative and do not necessarily determine the contents of the articles to which they refer. Top of the page

Created Wednesday 14 April 2004, at Cugand .