ARTICLE 1: Identity of the parties
Between Artcertificate, hereinafter the 'Seller' or the 'Company', on the one hand, and the natural or legal person purchasing the company's products or services, hereinafter the 'Buyer', or 'the Client' on the other hand, it has been explained and agreed as follows:
ARTICLE 2: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the sale of products and the provision of services offered by the company/seller to the buyer/customer.
ARTICLE 3: General provisions
These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Company's website, as well as through any process allowing the conclusion of a distance and off-premises contract. These general conditions ensure that the legal obligations arising from these methods of concluding the contract are respected. These GCS are an integral part of the contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these T&Cs at any time by publishing a new version, in particular on its website. The GCS then applicable are those in force on the date of the conclusion of the contract. These T&Cs can be viewed on the Company's website at the following address: https://www.artcertificate.eu/conditions-generales-de-vente.html
The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to legally contract under French law or to validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 4: Products and services
The essential characteristics of the goods and services are described below:
1° The company sets up a computer system allowing the Customer/Buyer to produce a certificate of authenticity digitally. It is not the company that issues the said certificate but the customer thanks to the services of the company. This last certificate, which can be edited on the Artcertificate website by the client, follows the prescriptions of Decree No. 81-255 of March 3, 1981 on the repression of fraud in the field of transactions in works of art and collectibles, commonly called Marcus decree.
The certificate of authenticity produced thanks to the services of the company can then be downloaded by the customer in digital format. The customer also has access to a digital file on the company's website, he can download it. This file may contain photos of works of art, signatures, expert opinions and any document that the company considers useful.
The company guarantees the retention of the data appearing on the certificate of authenticity published by the customer within its database. It thus makes it possible to keep records of the various operations that have taken place on the website and thus to establish proof that a transaction has indeed taken place and a certificate of authenticity has indeed been created. This proof can be used in particular by the customer who has lost all trace of his certificate of authenticity and who needs to assert it. This conservation is ensured by the company as long as it exists. In the event of dissolution or cessation of activity, it will no longer ensure this conservation and its liability cannot be sought for this reason.
The company does its best to guarantee the individualization of the certificate of authenticity which is published on its website. Indeed, this certificate has a unique, non-consecutive number, accompanied by a 'QR Code' which refers to a web page on which appears an image of the work of art covered by said certificate. The individualization of the certificate published on the company's website is an obligation of means. Indeed, the company undertakes to do its best, through the various tools previously exposed, in order to guarantee the unique character of each certificate of authenticity that it allows to be published. However, in the event of falsification of the latter by third parties, the company cannot be held liable, regardless of the damage resulting from this falsification, counterfeiting or any other similar act.
2° The company also sells quotation certificates in order to give an indicative value to the artist client of his achievements and to help him define the price of his works. This quotation can be done either by the Company itself, or through an expert in works of art collaborating with the Company. The price will differ depending on the choice made by the customer. In any case, this quotation is indicative, and the company cannot be held responsible for a bad quotation. The obligation here is once again an obligation of means that weighs on the Company.
3° The customer can buy on the website of the company a secure paper on which can be printed the certificate of authenticity published by him on the website of the company in order to guarantee a higher level of protection of this certificate and thus guard against any risk of falsification or fraudulent reproduction. A secure paper is a paper whose security is integrated into its texture during its manufacture, this texture covering a certain number of control points thus allowing a better authenticity of the document.
4° A hologram can also be purchased on the company's website in order to increase the level of protection and security of the document to which it will be attached. This hologram therefore increases the level of security of the certificate of authenticity on which it will be affixed.
5° The company also allows - for an additional fee - a registration of the certificate of authenticity published by the customer on its site, through blockchain technology, which results in a registration on a public database. in addition to registration on the private database of the company's website. This recording has the effect of increasing the level of security and reliability of the information appearing on the certificate of authenticity, in particular thanks to the timestamp it provides and prevents the modification of this information by malicious third parties. In addition, it allows a higher level of conservation because it resists the possible disappearance of society.
Remember that these additional services are subject to the obligation of means. Thus the company implements all its resources in order to respect its commitments, however, in the event of falsification, counterfeiting, piracy, or any other process aimed at undermining the authenticity and veracity of the certificate published by the customer on the company site, the company cannot be held liable.
In addition, on the various websites of the company, other services are offered:
6° Thus on the website https://www.art4any.com/ the Company sells the possibility of appearing on a magazine or a catalog in which the artist/client may in particular exhibit his works. The frequency with which different issues of magazines or catalogs appear is at the sole discretion of the company.
However, once a number is considered, and the customer has made payment in order to appear in the said catalog or magazine, the Company undertakes to publish the customer and his work on the place in the catalog or in the magazine he has purchased and to publish this magazine on the company's websites and on its social networks. This latest publication is in digital format. The responsibility of the company cannot be sought on the grounds that the magazine or catalog in question has not been seen enough, has not benefited from sufficient visibility or has not resulted in sales for the customer exposed on said magazine or catalog.
The magazine can also be purchased in paper format through the Amazon company website, however here printing in paper format will only be done on demand. The delivery of said catalog or magazine will be provided by Amazon so that Artcertificate disclaims all liability for any damage resulting from non-delivery or deterioration of the goods delivered by Amazon.
7° Interviews are also offered by the Company, for a certain price. These are carried out through the Skype software and are therefore done remotely. An interview can be done face-to-face, but this last possibility depends on the goodwill of the company and cannot be required by the client. The Company edits the video of the interview, sends it to the client and publishes it on its social networks and websites. Here too the effective visibility of the video is not the responsibility of the Company so that its responsibility cannot be engaged for the simple fact that this interview has not been sufficiently viewed or has not generated more sales or notoriety for the interviewee.
8° Competitions are also offered for a price set by the Company, on the website: https://www.art4competition.com/
These competitions are organized by the Company. Customers register and deposit works on the company's website, once they have made payment. They can also register as a jury. Once the deadline has elapsed, the works submitted for the competition will be displayed two by two, and the jury will have to make a choice between them each time, until there are only 10 to 50 selected works left. These will be ranked according to the number of votes they have collected. These works will then be noted by the jury will be different criteria in order to give details as to the appreciation of the works. The winning works will be rewarded by the Society according to the awards that will appear on the Society's website. These rewards are not systematic and are at the initiative of the Company alone. On the other hand, a document published by the company will be issued automatically at the end of the competition in order to certify the position of the works selected.
The company does not intervene in the selection of the jury and has no influence on their choices. However, the company reserves the right to give “favourites” to works in order to promote them, outside of the competition process. The company organizes a general competition once a year, and reserves the right to organize various competitions, in particular by theme throughout the year, as it sees fit.
ARTICLE 5: Price
The price is fixed unilaterally by the seller in accordance with article 1165 of the civil code. The final price of the products or services to be provided appears on the company's websites, which we have previously mentioned.
The prices of the products and services sold through the websites are indicated in euros, all taxes included (VAT + any other taxes) on the product and service presentation or order page, excluding specific shipping costs.
Delivery costs may be added to the final price, if necessary they will be communicated to the buyer before confirmation of his order.
ARTICLE 6: Payment
The customer to make the payment must read the general conditions of sale here present. Once these have been accepted, he proceeds to payment and the service is delivered to him.
Payment can be made by all the methods offered on the Company's websites.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
ARTICLE 7: Date of delivery or performance of the service
In the absence of immediate performance, the parties agree on a date on which the goods will be delivered, or the service performed. Failing agreement between the parties, the seller provides the service within a maximum period of 30 days after the conclusion of the contract. If after this period the service has not been performed or the goods have not been delivered, the consumer may terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium, if , after having ordered, according to the same terms, the professional to make the delivery or to provide the service within a reasonable additional period, the latter has not complied within this period.
For products subject to delivery, the delivery time is indicated on the Company's websites when this time can be estimated. The Company to deliver its products uses the services of professional transport companies, so any delays in delivery cannot be attributed to it. The company undertakes to do its best to ensure that the product is delivered as soon as possible. Similarly, in the event of force majeure, namely an irresistible, unforeseeable and external event to the Company, the latter cannot be held liable.
Once the buyer has taken possession of the property, there is a transfer of risk, so it is the latter who bears all the risks of the thing and who is responsible for any degradation or deterioration, loss or theft of this property. This transfer of risk also takes place at the expense of the buyer when the latter expressly chooses a carrier other than that provided by the seller.
ARTICLE 8: Withdrawal period
Contracts concluded at a distance and off-premises contracts benefit from a withdrawal period of 14 days after the conclusion of the contract according to the law. If the withdrawal occurs during the period legally provided for, refunds must be made in accordance with the legal requirements.
However, by reading and signing the present T&Cs, the buyer agrees to the immediate execution of the contract for the provision of services concluded remotely and waives his right of withdrawal for operations concerning 1°, 2°, 5°, 6°, 7° and 8° of the “Product and Services” section of these T&Cs, in accordance with article:
- L221-28, 1° of the Consumer Code which waives the withdrawal period for contracts 'For the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer's express prior agreement and waiver express to his right of withdrawal”. This concerns here the services covered by 5°, 7° and 8° of the “Products and Services” section of these GCS.
- As well as under article L221-28, 13° which waives the withdrawal period for contracts 'For the supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal. This concerns here the services referred to in 1°, 2° and 6° of the “Products and Services” section of these GCS.
The costs of returning the objects and goods provided by the seller are the responsibility of the buyer when he benefits from the right of withdrawal and when he implements it. Communication costs are also the responsibility of the buyer.
ARTICLE 9: Availability and presentation
In the event of the unavailability of an article for a period of more than 30 working days, the customer will be immediately informed of the foreseeable delivery times and the order for this article may be canceled on simple request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
ARTICLE 10: Buyer's liability and penalty clause
In accordance with Article 1231-5 of the Civil Code, when the buyer does not pay the agreed price for the service when it is fully performed, and in this sense he fails to perform his obligations, he will have to pay a lump sum of 300 euros. Except for definitive non-performance, the penalty is incurred only when the debtor is given formal notice in accordance with the aforementioned article.
ARTICLE 11: Liability of the seller and Force majeure
The services provided by the seller are subject to the regime of the obligation of means as opposed to the obligation of result. Thus the seller implements everything in his power to ensure the proper execution of the various services requested of him.
The performance of the seller's obligations hereunder is suspended or canceled in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible. The act of a third party or the fault of the buyer may also justify the suspension and cancellation of the seller's obligations.
ARTICLE 12 - Intellectual property
The content of the Company's websites is the property of the Company and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 13: Legal guarantees
In accordance with the law, the Seller assumes the following guarantees: the guarantee of conformity (articles L217-4 and following of the consumer code) and that relating to hidden defects (articles 1641 and following of the civil code).
The implementation of the guarantee must be carried out as follows: sending a registered letter with acknowledgment of receipt providing proof of purchase and explaining the defect encountered with the product or service. If the sale concerned an object, it must also be returned to the buyer so that the latter can analyze it and assess the defect found and, if necessary, replace, repair or reimburse the latter. The seller issues a receipt stating that the goods have been returned to him. If the bein presents a defect, the seller proceeds to the reimbursement, repair or replacement as soon as possible, or failing a foreseeable date within 30 days. from the receipt of the implementation of the guarantee except in cases of force majeure.
The buyer has a period of 2 years to assert the guarantee of conformity with the seller. This period is reduced to 6 months for second-hand goods with regard to the guarantee of conformity. Under Article 2232 of the Civil Code, the postponement of the starting point, the suspension or the interruption of prescription cannot have the effect of extending the period of extinctive prescription beyond twenty years from the day of the birth of law.
The consumer can also assert the guarantee against latent defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the cancellation of the sale or a reduction in the sale price (provisions of articles 1644 of the Civil Code). The limitation period here is 2 years from the discovery of the defect. The procedure for implementing the guarantee is the same as previously mentioned. The requirements of article 2232 of the civil code also apply.
The Service Provider shall reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and at the latest within 30 days following the finding by the Service Provider of the defect or defect. This refund can be made by bank transfer or check.
The Service Provider's guarantee is limited to reimbursement of the Services actually paid for by the Customer.
The Service Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by case law.
The Services provided through the Service Provider's website comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 14: Retention of contractual documents
By accepting the present T&Cs, the buyer agrees to receive all contractual documents that may arise during relations between the seller and the buyer in dematerialized writing. These documents may relate to the T&Cs here present, the estimate, the note (invoice) or any other document relating to contractual relations.
ARTICLE 15: Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the contact details cited in the preamble to the T&Cs herein. Any complaint must be made by registered letter with acknowledgment of receipt. In accordance with Article L612-2 of the Consumer Code, in the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the different to a consumer mediator who will independently attempt to bring the parties together with a view to obtaining an amicable solution.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
Contact details of the consumer ombudsman:
Professional mediation company
24 rue Albert de Mun
ARTICLE 16: Applicable law and competent jurisdiction
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law. The nullity of a clause does not entail the nullity of the entire contract. .
Disputes that may arise from the application of the present T&Cs fall within the jurisdiction of the Bordeaux court.
ARTICLE 17: Protection of personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and products. This collection is entrusted to the Company. These personal data are collected only for the execution of the contract for the provision of services or the supply of goods.
17.1 Collection of personal data
The personal data collected by the Company, in particular on its websites, is as follows: https://www.artcertificate.eu, https://www.art4any.com, https://www.art4competition .com, https://www.blockchain-for-art.com
Order of Services:
When ordering Services by the Customer:
Surnames, first names, postal address, telephone number and e-mail address.
As part of the payment for the Services offered on the Company's sites mentioned above, these record financial data relating to the bank account or credit card of the User Client.
17.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
The data controller is the Company, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
17.3 restrictions on processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
17.4 Duration of data retention
The Service Provider will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
17.5 Security and Privacy
The Service Provider implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
17.6 Implementation of Customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the Company's various websites have the following rights:
• They can update or delete the data concerning them as follows: By logging into their account and deleting it manually. By making an express request to the service provider.
• They can exercise their right of access to know the personal data concerning them by contacting the Company
• If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by contacting the Company
• They can request the deletion of their personal data, in accordance with applicable data protection laws by contacting the Company
• They can also request the portability of the data held by the Service Provider to another service provider.
• Finally, they can object to the processing of their data by the Service Provider
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are indicated in these GCS as well as on the websites company website.
The controller must provide a response within a maximum of one month.
In the event of refusal to grant the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. He will always have the possibility of withdrawing his consent at any time by contacting the Company.