General conditions of use and sale

Summary

ArtDeme – hereafter ARTDEME – a simplified joint stock company with capital of 10,000 euros, registered with the Chamber of Commerce under N°832 408 728, having its registered office at 15, rue Saint-Saëns 75015 Paris, proposes the present general conditions of use and sale which apply to the sales of works of art made via its Internet service which brings together purchasers and sellers.

These general conditions of sale govern the relationship between purchasers and sellers.

ARTDEME is not the seller of works of art purchased on their intermediary services platform. ARTDEME does not own the works of art displayed on its website.

The artist alone, whose name is indicated in the descriptive sheet accompanying each work, is the seller contracting with the the purchaser the sale of the works. Internet users visiting the site and interested in the works exhibited by ARTDEME are invited to read these General Terms and Conditions of Sale carefully, to print them and/or to save them in a permanent medium before placing an order on the site.

Article 1 Definitions

Site: the site http://www.artdeme.com

Work or Works : product or set of products presented on the Site that can be purchased, including: paintings, sculptures, photographs, reproductions of works of art etc.

Seller: the artist who created the Work or his or her agent

Purchaser: Anyone wishing to buy one or more works.

Consumer: according to the definition of the consumer code clause: “any person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artinisal or liberal activity”.

Article 2 Application of the GCS

ARTDEME reserves the right to modify the GCS at any time, by publishing a new version of these on the Site which will apply to the Seller and the Purchaser. However, the GCS applicable shall be those in force on the date of the order on the Site.

This Site offers the sale of works of art online. The Site is freely accessible to all Internet users. The present GCS have been accepted by the Sellers prior to the posting of their Works online.

The acquisition of one or more Works implies the Purchaser’s acceptance the present GCS in their entirety.

If the Purchaser is a minor or does not have such legal capacity, he or she declares that he or she has the authorisation of a guardian or administrator or his or her legal representative.

Article 3 Steps for concluding the contract of sale between the Purchaser and the Seller.

The Works are exhibited for sale on the Site, accompanied by a precise description of the Work – in particular: name of the artist, possible title, technique used, dimensions, possible framing , a bibliographic record of the Artist and the proposed price. ARTDEME will ensure that the images or photographs of the Works reflect a true and fair view, but these do not constitute a contractual commitment insofar as they cannot ensure perfect equivalence with the physical products.
The Purchaser selects the Work or Works he or she wishes to acquire. The acquisition of a Work implies the Purchaser’s acceptance in their entirety of the present GCS, and the latter also acknowledges having read them in full. This acceptance could be, for the Purchaser, by checking the box corresponding to the sentence of acceptance of these GCS, for example the following: “I acknowledge having read and accepted all the general conditions of the site” Checking this box will be deemed as having the same force as a handwritten signature from the Purchaser.
The creation of a Purchaser account is an essential prerequisite for any order from the Purchaser on this Site. To this end, the Purchaser will be asked to provide a number of pieces of personal information such as his or her first and last name, e-mail address, postal address and telephone number, this list not being exhaustive. As such, the Purchaser undertakes to provide accurate information and is responsible for updating his/her data. The Purchaser is solely responsible for the veracity and relevance of the data provided.
The Purchaser, registered on the Site, has the option of accessing it by logging in using his or her user identification: his or her e-mail address defined at the time of registration and his or her password. The Purchaser is entirely responsible for the protection of the password he or she has chosen. If the password becomes lost, the Purchaser will have the facility to generate a new password. The Purchaser is not permitted to disclose his personal password to third parties. As such, ARTDEME cannot be held responsible for unauthorised access to a Purchaser’s account. The account allows Purchasers to view all of their orders placed on the Site. If the data contained in the Purchaser account section should disappear following a technical breakdown or a case of force majeure, ARTDEME cannot be held liable. Each Purchaser is free to close his or her account on the site; for this, he or she must send an e-mail to ARTDEME, contact@artdeme.com , indicating that he or she wishes to delete his or her account; no data recovery will thereafter be possible. ARTDEME reserves the exclusive right to delete the account of a Purchaser who has contravened these GCS, in particular when the customer has knowingly provided incorrect information when registering or when his or her account has been inactive for at least two years.
In order to proceed with his order, the Purchaser chooses the Work or Works he wishes to order by adding them to his basket, the contents of which may be modified at any time. Once the Purchaser considers that he or she has made a selection and added to his or her basket all Works that he or she wishes to purchase, the Purchaser will be able to confirm his or her order by clicking on the button provided for this purpose
He or she will then be redirected to a summary page on which he or she will be informed of the number and characteristics of the Works ordered as well as their unit price.
The customer may choose to pay by credit card or PayPal. He or she then makes the secure payment.
After a few moments, the Purchaser will receive an e-mail reminding him or her of the content of the order and the price. However, the contract of sale concluded between the Purchaser and the Seller is subject to the resolutive condition that the Work or Works are available.
The Seller will be informed by e-mail that one or more Works exhibited on the site have been ordered.
The Seller undertakes to confirm or decline the availability of the Works ordered by e-mail to contact@artdeme.com within 4 working days following the sending of the mail referred to in point 9 of this article.
ARTDEME shall immediately inform the Purchaser of the availability or unavailability of the ordered Work or Works. If the Work or Works are available, the contract of sale is immediately concluded between the Purchaser and the Seller. The Seller must then schedule the collection of the Works within 5 days of confirmation of the availability of the Work.In the event that the Seller has declared the Work or Works unavailable within the 4-day period referred to in point 10 of this Article or in the event that ARTDEME does not receive any information on this subject, the contract is immediately terminated, for only those Works which are unavailable, and each party is released from its obligations, in particular the Purchaser’s bank account will not be debited for the said Work or Works which are unavailable.

Article 4 Prices and payment methods

Unless otherwise stated, the prices appearing on the Site are understood to be in euros net payable (VAT not being applicable, according to Article 293 B of the CGI) and excluding delivery costs.

The prices may in some instances be quoted in euros inclusive of tax, excluding delivery costs.

The delivery costs will be indicated during the validation of the shopping cart.

The Seller reserves the right at any time to modify the prices and to reflect, if applicable, any change in the rate of VAT in force on the price of the Works offered on the Site.

However, the price offered on the day of the order will be the only one applicable to the Purchaser.

If customs duties or local taxes are applicable, they will be borne by the Purchaser who will have to make enquiries personally and in advance on this subject.

The Purchaser shall be debited with the price of the Work or Works purchased and the delivery costs, as soon as the delivery is dispatched.

The Work shall be transported at the Seller’s risk.

Article 5 – Delivery

The Purchaser undertakes to provide a complete address and all useful information allowing delivery of the Work or Works.

The Work will be delivered to the address provided by the Purchaser when it was ordered; in this case, the Seller undertakes to package the Work for shipment with the greatest care and to place it at the disposal of a carrier indicated by ARTDEME within 5 working days following the conclusion of the sales contract.

ARTDEME will communicate the name of the chosen carrier and all useful information concerning the delivery to the Purchaser.

The Purchaser will receive the invoice and the certificate of authenticity of the Work drawn up by the Seller via the e-mail address communicated by him or her.

The Seller undertakes to do everything possible to ensure a high quality delivery.

In the event that the Purchaser encounters difficulties connected with the delivery, he or she may send an e-mail to: contact@artdeme.com ; ARTDEME will immediately forward this complaint to the Seller. In the event of a Purchaser’s complaint concerning a Work, the Seller shall be personally responsible for resolving the dispute, making every effort to reach an amicable settlement.

Article 6 Right of withdrawal and withdrawal form

In accordance with Article L. 221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Purchaser has a period of 14 working days from the date of receipt of the Work to withdraw. He or she will be required to return the Work that is not satisfactory to him or her and request a refund. The return costs are to be provided by ArtDeme.

The Work must be returned in perfect condition in its original packaging. The Purchaser may find below a standard cancellation form for an order placed on the site to be addressed to ARTDEME which will immediately forward the complaint to the Seller.

It is recommended that the Purchaser carry out the return by a solution allowing a tracking of the parcel, in order to be able to locate the returned Work.

The Seller shall be personally responsible for resolving any dispute between him or her and the Purchaser.

The Seller and the Purchaser will make their best efforts to reach an amicable agreement.

The cancellation form is to be sent to contact@artdeme.com ARTDEME undertakes to forward this cancellation immediately to the Seller.

Article 7 Personal data, liability

information and data communicated by the Purchaser or the Seller shall be processed by ARTDEME. This information will be kept for legal and regulatory purposes. In accordance with the Data Protection Act of 6 January 1978,the Purchaser and the Seller have a right of opposition, access, rectification and deletion on his personal data. To exercise these rights, simply send an e-mail to ARTDEME : contact@artdeme.com or a letter to ARTDEME 15, rue Saint-Saëns 75015 Paris. The Purchaser may receive offers from ARTDEME or its partners. If he or she does not wish these, he or she may so request at any time, either by e-mail or in his or her account opened on the Site.
ARTDEME’s liability towards the Purchaser or the Seller may only be incurred for acts that are directly attributable to it and that cause it damage directly related to these acts. It can not be held liable for indirect damages. In accordance with the law of 21 June 2004 for trust in the digital economy, ARTDEME may not be held liable for content published on the site by the Purchaser or the Seller, particularly with regard to the description of the Works. ARTDEME declines all responsibility with regard to sales made by Purchasers through its site with Sellers. Any complaint from the Purchaser will be transmitted as soon as possible by ARTDEME to the Seller concerned.
The site artdeme.com is registered with CNIL under the number 2117789 v0
ArtDeme applies a privacy policy in accordance with the personal data protection regulation – RGPD

The privacy policy and cookies of ArtDeme

YOUR PERSONAL DATA AND OUR PROMISES TO YOU

We take the issue of personal data very seriously, because it should be taken seriously. We know that your personal information, and especially how you share it, is extremely important. That’s why we are committed to four privacy promises to protect your data.

We always will be transparent about the personal data we use:you will know how and especially why we need it.
We will only use your personal data if we really need it.
We will protect your personal data by using the best possible combination of technology, people and processes.
We want you to be able to choose how your personal data is used, with full knowledge of the facts. We have drafted our privacy policy in a coherent way, avoiding jargon.

Whenever you use our services, whether on our website or application, we will protect your personal information in the manner set forth in our Privacy Policy and in accordance with our promises.

THE PERSONAL DATA YOU PROVIDE

You may provide us with personal data on your own initiative in order to use our services and to purchase works of art. We explain this in more detail in the table below.

When we use the terms “personal data”, we refer to your name, e-mail address, date of birth, information about your means of payment, billing address and telephone number.
We will never receive your credit card numbers, expiration date or pin code. Payment is made either by Stripe or Paypal and is completely secure.
We do not sell or sell your personal information to third parties – including your name, mailing address, email address, phone number – however, we use and share your data for the purpose of providing you with our services, as described below

Type of personal data	Why do we use it?	Legal basis	With whom do we share it?
Payment Information
Information concerning the credit card and the address where your card is registered.	To accept the payment for your works and ensure repayment	We need this information to provide these services. This is part of our contract with you.	We do not share this type of data as a matter of course.
Information regarding your age
Date of birth or age group.	We will send you a happy birthday email informing you of the current offers on our site.	You consent via the settings of your device. We want to send you useful and up-to-date information and offers when you use our website.	We do not share this type of data as a matter of course.
Contact details
Name, e-mail address, phone number.	To contact you with information essential for your order, confirmation of purchase, refund information, among others. Keep your account up to date (only if you choose to create one).	We need this information to provide these services. This is part of our contract with you.	The carriers concerned such as DHL, who need this information to deliver your works of art. These carriers may contact you for delivery purposes. We do not share this type of data as a matter of course.
	We will send you offers, promotions or marketing communications, advertisements if you have indicated that you wish to receive them when you create an account with us.	Your consent. We will only send you this information with your permission. These messages will help you to discover the artists and works we present.	We do not share this type of data as a matter of course. We use carefully selected third parties to assist us in this task.
Information regarding comments
Name, e-mail address and all generated contacts, including phone calls.	When you contact us by e-mail or on social networks we will use this information, in particular to implement Refunds within the legal withdrawal period. If you call us, we may record your phone call to help our customer service and operational teams to resolve any issues you have raised. We may also use this recording for training and quality reasons.	You consent. You choose how and when you wish to contact us.	We do not share this type of data as a matter of course. We use carefully selected third parties to assist us in this task.
Contacts from you and questions you have asked us
Name, e-mail address and all generated contacts, including phone calls.	When you contact us by e-mail or on social networks we will use this information, in particular to implement Refunds within the legal withdrawal period. If you call us, we may record your phone call to help our customer service and operational teams to resolve any issues you have raised. We may also use this recording for training and quality reasons.	You consent. You choose how and when you wish to contact us.	We do not share this type of data as a matter of course. We use carefully selected third parties to assist us in this task.
Information on Prevention of fraud.
Name, legitimate information and unique identifiers, if required, and useful data of the device.	Ensure that you are not and we are not victims of fraud	Fraud is very damaging, both for you and for us. Legitimate interests. In concrete terms, this is a necessary use of your data (balanced with your rights) so that we can prevent fraud.	We only share this type of data when necessary
Location Information		You consent. You will be asked.	We do not share this type of data as a matter of course.
GPS information and device number.	Internet browsers on all devices or applications on phones and tablets can accurately indicate your location using GPS and GPS assistance. For analysis and monitoring, as well as for security and protection against fraudsters.	When you use a web browser or GPS device, if you want to share this information with us. You can change this in the settings of your device or browser at any time.
Device information
Your IP address and your device number to give us your approximate location (for example, your city and country).	Detect and stop fraudsters. Use your internet sessions and web beacons to understand how you use our website and applications, without identifying yourself. We collect this data to improve our services. Protect our website against virus attacks and other dangerous elements on the internet.	Legitimate interests Do not worry, we do not try to be intrusive and and link you to a specific location. We just want to make sure that what we show you when you use our services is useful and actually interesting for you. We also need to make sure to protect you and our website from viruses and fraudsters.	We do not share this type of data as a matter of course.
Analysis information
We use information about the searches and purchases you make, i.e. how you use and navigate through our website.	To understand how you use our website and app to help us improve and match your interests. We may combine data about your use of our services to help us understand the behaviour patterns of our customers. However, don’t worry, we will not identify you individually. We only use high-level overview data to understand what interests our customers like you. This helps us to design new features.	Legitimate interests. In concrete terms, it is a necessary use of your data (balanced with your rights) so that we can provide you with services.	We do not share this type of data as a matter of course. We use carefully selected third parties to assist us in this task.
Connection with social networks
IP address and others potential identification data.	By logging into your social networking accounts such as Facebook and Google, you are setting cookies. These cookies may collect information about your IP address and the pages you visit.	You consent. You choose if you want to register with us using Google or Facebook.	Google and Facebook. We do not control the actions of Facebook or Google. If you choose to use your Google or Facebook account to sign in to the site, you will also be subject to the Google and Facebook privacy policies.

As in the situations above, we also need to share your personal data with the following third parties:

Service Providers

We work with selected service providers to perform many of the activities listed above. But do not worry, we also give these service providers clear instructions to protect your personal data. For example, these service providers may not use your personal data for any purpose other than the specific service in question. In addition, we only send them the elements of your personal data that they actually need, such as your name, address and phone number to the carrier of works.

Authorities

Sometimes, for legal reasons, we need to share some of your personal data with the police, customs authorities, regulatory authorities or government and law enforcement agencies. In general, it’s about helping them prevent fraud and crime. When we give this data to the authorities, it is their responsibility to protect your information. Do not worry, we only share the absolute necessary.

Restructuring

If we are redeemed or merge with another company, or if there is a restructuring of the ArtDeme group, there will be a transfer of your personal data. It goes without saying that we will treat your personal data and your rights in the use of it with the utmost care and respect. Your personal data will be used in the same manner as that listed in our Privacy Policy.

CONSERVATION OF YOUR DATA

When you use our services, your personal data is safe with us, but we will never keep it longer than necessary.
In due course, when we no longer need your personal data in order to offer you our full services, we will make sure that they are completely erased or anonymized.

COOKIES

The use of cookies makes our website and our application practical and easy to use.

Cookies are the small pieces of information that we automatically collect when you visit our website or open our application.

By browsing the ArtDeme website, you consent to the installation and use of cookies; however, you can adjust your preferences in your browser settings.

CUSTOMIZING YOUR EXPERIENCE

We rely on such things as cookies and your IP address to provide you with a more personalized experience (unless, of course, you have indicated in your browser settings that you prefer that we abstain from it). We combine this with information about your searches and purchases and how you use our website and our application to offer you the best personalized experience possible. We also use carefully selected third parties such as Google to prepare ads that may be of interest to you. You use our service to buy works that you want to have at home or in your business premises. We need to customize your experience on our sites and applications to provide you with this service.

YOUR RIGHTS

This is where we tell you everything you need to know. We will be happy to process your requests if you wish to exercise your individual rights over your personal data. You have the right :

Be informed about how your data is processed.
Access your data.
Prevent or limit certain uses of your data.
Correct incorrect information.
Ask us to delete certain information.
To “carry” certain data (portability is a legal term that refers to “the transfer of data to another data controller in an easy-to-read way”).
Access information on profiling or automated decision-making processes.
Challenge the way your personal data is processed.
Withdraw your consent at any time (in cases where we rely on your consent).
As we know how important your personal data is to you, we do our best to respond in a timely manner. From the legal point of view, we have up to one calendar month from the date we receive the request to respond, provided that you have given us all the information we need to confirm your identity and you have clearly indicated the personal data you are targeting or have not yet responded to an identical or similar request a very short time ago.

Remember that when we receive a request from you, we must balance your rights with the rules that are imposed on us regarding the processing of your personal data. For legal reasons, we must respect these rules. If we can not respond to your request in whole or in part, we will clearly explain our reasons.

Simply put, we have set up a single point of contact for all your requests for personal data. Please consult the “Contact Us” section if you need to contact us.

CHANGES TO OUR PRIVACY POLICY

We want to keep up to date, which can lead us to change the way we use information. If so, we will update our Privacy Policy and make it clear, for example on the ArtDeme website.

CONTACT US

If you have questions that have not been addressed, do not hesitate to contact us. We are a team on a human scale and will do our best to answer you as soon as possible. You may at any time ask us to exercise your rights, including those specified above or to stop using your information.

Here is our e-mail: contact@artdeme.com

If you want to write to us:

ArtDeme 15, rue Saint-Saens 75015 Paris

Article 8 Intellectual property rights

All elements of this Site belong to ARTDEME or are used by ARTDEME with the permission of the copyright holders. Similarly ARTDEME is a registered trademark registered by SAS ARTDEME

Any reproduction, representation, adaptation of brands, logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting or unfair or parasitic competition.

Article 9 Independence of clauses, applicable law and disputes

If any provision of the GTC is found to be unlawful or unenforceable, for whatever reason, then that provision will be deemed severable and will not affect the applicability of the remaining provisions. These Terms are subject to French law.

Any dispute related to their interpretation, execution or termination is the responsibility of the competent French courts.

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